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François Hollande signs same-sex marriage into law
Related to country: France


Can we consider this move by the French President as a victory for Human rights?

After months of bitter political debate, French President François Hollande has signed into law a controversial gay marriage bill, a day after the country's Constitutional Council threw out a legal challenge by the right-wing opposition

http://www.france24.com/en/20130518-france-gay-marriage-law-adoption

 


May 24, 2013 | 2:34 PM Comments  {num} comments

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2 Moroccans tried for homosexuality get 4 months
Related to country: Morocco


A Moroccan court has convicted two men of homosexuality and public indecency, and sentenced each to four months in prison, in the latest case against gays in this North African nation.

Prosecutors at the Temara court near Rabat, the capital, said at Monday's trial that the men, aged 28 and 19, were caught having sex in a car and arrested. The men denied the charges.

Moroccan law outlaws homosexuality and gives a penalty of six months to three years in prison and a fine of up to 1,000 dirhams ($115). According to the latest figures available from the Ministry of Justice, in 2011 there were 81 trials involving accusations of homosexuality.

The daily al-Akhbar reported on May 9 that three other Moroccans from the northern town of Souq al-Arbaa recently received three-year sentences for homosexuality.

While harsh penalties exist on the books toward drinking alcohol publicly, selling alcohol to Muslims, sex outside of wedlock and other so-called moral crimes, they are rarely enforced in Morocco and police usually ignore people violating such laws.

However, in the case of homosexuality, it is still taboo in this conservative society, and the lawyers for Monday's defendants were quick to distance themselves from "this phenomenon."

"If we thought our clients were homosexuals, we would refuse to defend them," one of the lawyers said to the judge in court. He refused to identify himself to The Associated Press afterward.

In 2010, openly gay singer Elton John headlined the annual Mawazine summer concert series in Rabat, provoking protests from the Islamist opposition party that later came to power in 2011 elections.

Ibtissame Lachgar of the Alternative Movement for Individual Liberties, one of the few organizations defending homosexuality in Morocco, said little has changed under the Islamist government, and she accused authorities of remaining homophobic.

She also lamented the fact that most human rights groups won't touch the prosecution of gays or call for the repeal of law making homosexuality illegal.

"We are pretty much alone when it comes to individual liberties, and I find that sad," she told The Associated Press. Her organization, known by its French acronym MALI, has backed other controversial issues such as legalizing abortion and not following the obligatory daytime fast during the holy month of Ramadan.

"They (other rights groups) put the importance of individual freedoms far behind other rights. You can't talk about human rights if you don't talk about individual freedoms," she added.

Aswat (Voices), an online magazine by young gay Moroccans writing under pseudonyms, contains articles defending the rights of homosexuals in Morocco.

According to one contributor, who goes by the name Marwan Ben Said, having a law on the books explicitly criminalizing his lifestyle subjects him attacks by the state and its citizens.

In 2007, a man was attacked by a crowd and stoned after he was rumored to be in a gay marriage. He was later arrested and imprisoned.

"The hardest thing is that I am obliged to live in hiding and to not display my sexuality openly," Ben Said told AP.


May 24, 2013 | 2:28 PM Comments  {num} comments

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> Open A.I.R. Conference on Innovation and Intellectual Property in Africa > and > 3rd Global Congress on Intellectual Property and the Public Interest
Related to country: South Africa


9-13 December 2013, Cape Town, South Africa

In December 2013, delegates from national and international governmental entities, the private sector, civil society, and academia will gather for five days of interconnected events in Cape Town. Participants will engage with diverse perspectives and future scenarios for intellectual property (IP), innovation and development during the Open A.I.R. Conference on Innovation and IP in Africa (9-11 December) and the 3rd Global Congress on IP and the Public Interest (11-13 December). For further details and registration (opening soon), visit www.openair.org.za/capetown2013.

The interwoven Open A.I.R. Conference and Global Congress events are designed to offer delegates distinct but complementary experiences. The first part of the week will expose participants to insights on IP and innovation in Africa, generated by the Open African Innovation Research and Training (Open A.I.R.) Project. There will also be a launch of a book, The Collaborative Dynamics of Innovation and Intellectual Property in Africa, and a compendium of forward-looking research, Future Scenarios for African Innovation. By discussing existing patterns among collaborative IP policies and practices in Africa, and the signals of emerging scenarios for the future, delegates will challenge assumptions and confront changes. At the same time, participants will engage with Africa’s largest IP research and advocacy community, and join the global network of experts who share the common goal of promoting the public interest in IP policy and practice.

The second half of the week will contextualise African approaches within the larger paradigms of global public interest IP, and build momentum towards sustainable, coordinated engagement with these crucial issues. After the successful 1st Global Congress in Washington, DC in 2011 and 2nd Global Congress in Rio de Janeiro in 2012, the Global Congress on IP and the Public Interest is coming to Africa in 2013, providing an ideal complement to the Open A.I.R. Conference. The theme of this year's Congress is "Global Problems: Local Solutions?", which will explore how public interests converge or diverge in different places around the world.

The University of Cape Town (UCT) Faculty of Law's IP Unit will serve as host of both the Open A.I.R. Conference and the 3rd Global Congress. Partners include the Access to Knowledge for Development Center (A2K4D) at The American University in Cairo, the Nigerian Institute of Advanced Legal Studies (NIALS) in Lagos, the Centre for IP and IT Law (CIPIT) at Strathmore University in Nairobi, the Centre for Law, Technology and Society at the University of Ottawa and the Program on Information Justice and Intellectual Property at American University.

Funding is provided by Canada’s International Development Research Centre (IDRC), Germany’s Federal Ministry for Economic Cooperation and Development (BMZ), and the Open Society Foundations.


May 23, 2013 | 10:15 AM Comments  {num} comments

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Intellectual Property Policy in Africa: COMESA leads


The Africa IP Forum held in February this year put IP Policy firmly on the agenda for Africa (view the presentations here). Since then, IP Policy has been discussed in Tanzania at the African Conference on the Strategic Importance of IP Policies to Foster Innovation, Value Creation and Competitiveness. Two weeks ago, IP Watch reported that the Common Market for Eastern and Southern Africa (COMESA) had gone beyond discussing policy imperatives to preparing an IP Policy (read the full article here). 


 


The COMESA member states are Burundi, Comoros, DR Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Libya, Seychelles, Swaziland, Madagascar, Malawi, Mauritius, Rwanda, Sudan, Uganda, Zambia and Zimbabwe. This is a significant grouping of African states and any IP initiatives originating from COMESA are noteworthy. Moreso because all the COMESA member states, except Libya, are members of the African Union (AU) where IP has come to the fore in the context of efforts to establish PAIPO. Therefore COMESA's IP Policy is probably a good indicator of what a PAIPO IP Policy might look like. It is also a foretaste of what the COMESA member states' national IP Policies might look like. 


 


The COMESA IP Policy  (available in full here) is presented in two parts. Part A is entitled ‘COMESA Policy on Intellectual Property Rights’. It emphasizes the link between IP and economic development particularly in relation to promoting innovation in developing countries. It also considers the relationships between IP and trade, the cultural industries, TK, expressions of folklore and ICTs. Such broad coverage is indicative of the appreciation of the cross-cutting nature of IP. What is missing is an express statement of the need to calibrate IP policy and law to the current socio-economic status of COMESA member states. Part B is entitled ‘The COMESA Policy on copyright and copyright related industries’ and focuses on the need ‘to encourage and promote copyright protection for socio-economic development’. Its stated objectives include increasing capacity to commercialise copyright works; creating ‘public awareness on the importance of copyright protection’ and encouraging research on copyright and socio-economic development.  The need to curb piracy and copyright infringement is rightfully mentioned but is not tempered by the mention of the imperative to promote a balanced copyright system that facilitates access to knowledge and learning materials. Such access is essential to the provision of education, which, in turn, contributes significantly to the quality of people’s lives. However, the promotion of research is laudable as the resultant research outputs will provide evidence which can be used in iterative policy and legislative processes. It is heartening to see such concrete attempts to formulate IP Policy in Africa and I hope that Afro-IP readers will read the COMESA policy and comment on it below.


 


 


 


Report taken from Afro IP blog


May 23, 2013 | 10:09 AM Comments  {num} comments

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[ccAfrica] TRIPS Council chair charged of 'unjust treatment'

REPUBLICA

KATHMANDU, May 21: The least developed countries (LDCs) have charged the developed nations and incumbent chair of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Council of “unjust and unethical treatment”.

The charge was leveled at a time when informal negotiations are going on between the LDCs and the developed countries on extension period of TRIPS waiver to LDCs, which is expiring at the end of June.

The LDC Group´s request of unconditional extension of the transition period until they graduate from the LDC status has obtained extensive support from the developing world, according to global civil society networks, LDC Watch and the Our World Is Not For Sale (OWINFS).

“But these supporters have not been invited to participate in the ongoing consultations,” says a statement issued by the LDC Watch and the OWINFS. “Instead, the consultations have been limited to the LDC Group and developed countries like the US, the European Union, Japan, New Zealand, Canada, Australia, Switzerland, in particular, including the Council Chair.

“Alfredo Suescum, who is the current chair of the Council on TRIPS of the World Trade Organization (WTO), is, therefore, depriving LDCs of their allies, while attempting to overwhelm the negotiating capacity of the poorest members of the WTO by placing them in an unfair position where they have to face the united might of the developed countries.”

The bone of contention in the current negotiations, according to civil society networks, is the impractical short extension period of five to 7.5 years and the unjustifiable no-roll-back clause that would force LDCs to maintain current level of intellectual property protections.

Legally, TRIPS Agreement mandates all WTO members to approve LDC Group´s request, once it is submitted--which was done in November 2012 by Haiti as the then chair. Like all WTO agreements, the TRIPS Agreement is built on a foundation of “special and differential treatment” for developing countries and, especially, for LDCs, in recognition of their inherent vulnerability and impediments.

“Clearly the ongoing consultations have been designed so that the outcome will fail the LDCs,” says the statement.

The 49 UN-defined LDCs spanning across Asia and the Pacific, Sub-Saharan Africa and the Caribbean, are categorized on the basis of low income, weak human assets and economically vulnerability. Nepal is the current chair of the LDC Group in the WTO.

 

 
   
Published on 2013-05-21 23:11:30

 


May 23, 2013 | 10:08 AM Comments  {num} comments

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