Launch of ICC WIPO Handbook for Providing IP Services

Available in English and Spanish, the ICC-WIPO handbook gives practical advice on how to set up different types of IP services
Available in English and Spanish, the ICC-WIPO handbook gives practical advice on how to set up different types of IP services

The International Chamber of Commerce (ICC), USCIB’s affiliate, and the World Intellectual Property Organization (WIPO) have launched the publication, Making intellectual property work for business today during the 7th World Chambers Congress in Mexico City. Developed jointly by the two organizations, the handbook – provides practical guidance to chambers of commerce and business associations looking to provide intellectual property (IP) services for businesses.

Although intellectual property has become an essential competitive tool for businesses in today’s economy, many companies do not understand how to use IP in their business. Businesses membership organizations are uniquely positioned to help bridge this knowledge gap.

“Businesses nowadays have to rely on the effective use of one or more types of intellectual property to gain and maintain a competitive edge in the marketplace,” said David Koris, chair of the ICC Commission on Intellectual Property. “Business leaders and managers, therefore require a much better understanding of the tools of the IP system to protect and exploit the IP assets they own, or wish to use, for their business models and competitive strategies in domestic and international markets.”

Daphne Yong-d’Hervé, ICC’s chief IP officer, said: “Because of the strong relationship with their business constituencies, business membership organizations are ideally placed to help companies navigate this emerging field and to play an active role in helping companies understand and use IP assets as a competitive tool.” Read more on ICC’s website.

Staff Contact: Helen Medina

More on ICC’s intellectual property work

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ICC Denounces G20 Rise in Protectionism

USCIB’s affiliate the International Chamber of Commerce (ICC) is urging G20 leaders to keep markets open to trade, following worrying results from a recently released WTO-OECD-UNCTAD report that G20 countries are increasing protectionist measures.

The joint report by the World Trade Organization (WTO), the Organization for Economic Cooperation (OECD) and United Nations Committee on Trade and Development (UNCTAD) on G20 trade and investment measures, released May 24, 2011, found that more new trade restrictive measures have been implemented in the past six-month period than in any previously reported period. From October 2010 to April 2011 alone, G20 members implemented 30 new export restrictions.

This occurred despite the G20’s reaffirmation at the 2010 Seoul Summit to resist protectionism until the end of 2013. G20 leaders had agreed early that year, at their Toronto Summit, to withdraw any protectionist measures in the pipeline, including export restrictions and WTO–inconsistent measures for stimulating exports. The WTO-OECD-UNCTAD report reveals that the exact opposite is taking place.

The joint report further confirms an ICC-commissioned study, released by the Peterson Institute for International Economics in 2010, stating that all G20 countries have implemented protectionist trade measures since 2008. Concerns in the global business community about this protectionist trend have prompted ICC to put into place its own indicator to monitor market openness. The Open Market Index will provide an annual ranking of the 50 top-trading countries by order of their openness to trade and investment. This private sector indicator to monitor protectionism will be launched ahead of the G20 Summit – being held in Cannes, France on November 3-4, 2011.

Staff contact: Rob Mulligan

More on the ICC-commissioned study by the Peterson Institute for International Economics

More information on Global Trade Alert

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With Business Input APEC Officials Make Progress Toward This Falls Honolulu Summit

Trade ministers from the 21 APEC economies at the senior officials meeting in Big Sky, Montana.
Trade ministers from the 21 APEC economies at the senior officials meeting in Big Sky, Montana.

USCIB was among the business groups that participated in the second 2011 APEC (Asia-Pacific Economic Cooperation) senior officials meeting, which took place last week in Big Sky, Montana. APEC groups 21 leading economies from around the Pacific rim. The United States is hosting this year’s APEC leaders meeting in Honolulu in November as well as three senior officials meetings (the first in Washington, DC, in March, the third in San Francisco in September).

U.S. companies and business associations played an important role in the Montana meeting, helping inform the discussions and laying the groundwork for a CEO summit in Hawaii. Business input to APEC is facilitated at the regional level via the APEC Business Advisory Council, and at the U.S. level through the National Center for APEC.

Executives held numerous breakout sessions and briefings with leading economic officials from around the region. Jonathan Huneke, USCIB’s vice president for communications and public affairs, took part in the Big Sky sessions and chaired meetings with trade officials from Mexico and Malaysia.

Much of the discussion among government officials centered on trade, and on ensuring that small and medium-sized businesses can benefit from commercial opportunities in the APEC region. Trade ministers including U.S. Trade Representative Ron Kirk explored ways to bolster the multilateral trading system in light of the stalled Doha Round of trade talks in the WTO. Business groups said they remained committed to Doha and urged governments not to abandon the talks. The U.S. delegation also included Commerce Secretary Gary Locke and other top officials.

Other key developments at the Big Sky meetings included:

  • Adoption of a code of ethics for the region’s medical devices industry to improve the quality of health care and encourage innovation.
  • Signing of an agreement between APEC and the World Bank to strengthen collaboration on food safety in the Asia-Pacific region, which accounts for over 40 percent of the world’s population and nearly half of global food production.
  • Release of an APEC survey on structural reform, which said APEC economies have made significant progress in reforming regulations to better assist businesses.
  • Discussions with private-sector leaders on ensuring food security in the region in light of growing populations, insufficient gains in agricultural productivity and limited natural resources.

Looking ahead, USCIB will play an active role at the third senior officials meeting in San Francisco (September 12-26), leading on issues such as chemicals policy, data protection, customs and trade facilitation, energy, and women in the workplace.

Separately, USCIB applauded introduction of the APEC Business Travel Card (ABTC) Act in the U.S. House of Representatives and urges its passage as soon as is practicable.

 

APEC website

National Committee for APEC website

Get Ready for New TopLevel Internet Domains

Internet_DomainsInternational policymaking around the Internet is in fashion. French President Nicolas Sarkozy recently hosted the “e-G8” summit in Paris to discuss it, deliberations are underway in the United Nations about it, and the OECD will be hosting a high-level meeting on it. But perhaps the most striking change to the Internet for many users may come about as a result of the next month’s meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) in Singapore, where discussions will focus on the finalization of the rules around the introduction of new top-level domains (TLDs).

ICANN’s board of directors may vote for a large-scale expansion of the domain name space (DNS) beyond the familiar .com, .net, .org, and country code designations. How would the possible introduction of new TLDs like .music, .eco, and .[your brand] affect the landscape of the Internet?

Over the past three years, ICANN put forward a number of proposals to expand the Internet’s domain name space. Some stakeholders are keen to see new TLDs introduced, arguing that their presence will help increase innovation and competition in the DNS marketplace, decrease prices for domain names, and increase consumer choice. Others see any rollout of TLDs as potentially problematic, citing important concerns over intellectual property protection, possible consumer confusion, and stress on the technical security and stability of the DNS itself.

Governments have been particularly vocal in recent months in seeking to ensure that ICANN proceed in a way that safeguards the global public interest as it works to expand the DNS. On May 22, ICANN’s Board and the Government Advisory Committee held a teleconference to discuss current concerns with the program and agreed to meet again in person at the upcoming meeting in Singapore. Currently, the ICANN Board is scheduled to consider finalizing the program in Singapore on June 20.

“Whenever and however a program for new TLDs is approved, it is incumbent on ICANN to ensure that it is done in transparent and accountable manner,” according to Chris Martin, USCIB’s manager for marketing & advertising policy, ICT and banking. “On the broader question of Internet policymaking, many eyes are watching ICANN in its stewardship of the DNS. It is important that it get it right, so that policymakers, wherever they may reside, have confidence in the private-sector model of Internet governance that ICANN embodies and which USCIB supports.”

USCIB has participated in a number of discussions around new “gTLDs” and has stated that any program for their introduction should enhance innovation, competition, the protection of consumers and intellectual property rights, and preserve the security and stability of the DNS. USCIB has also said that it is vital that ICANN work diligently with stakeholders to address remaining key concerns of the initiative with the Internet community.

Fashions may change, Mr. Martin said, but correctly managing governance of the Internet is of vital importance to U.S. business.

 

More on USCIB’s Information, Communications and Technology Policy Committee

At High-Level Conference, Business Engages With G20 on Labor Issues

G20 France 2011As part of their ongoing engagement in the preparatory meetings leading up to this November’s G20 Summit in Cannes, two USCIB affiliates, the International Organization of Employers (IOE) and the Business and Industry Advisory Committee to the OECD (BIAC) joined forces with the French business group MEDEF to participate in a high-level conference in Paris on May 23 on social policy issues.

The ministerial-level conference was opened by French President Nicolas Sarkozy, who presented the French priorities and expectations for the G20 in this area.  French Finance Minister Christine Lagarde also spoke.  Other key participants included G20 labor ministers, the heads of the ILO, WTO and OECD along with top representatives of the IMF, World Bank and other agencies, and business and labor representatives.

The business delegation at the conference was jointly organized by IOE and BIAC.  It included IOE Executive Vice President Daniel Funes de Rioja of Argentina, who addressed the issue of fundamental principles and rights at work, BIAC Chairman Charles Heeter (Deloitte), who spoke on employment recovery, MEDEF President Laurence Parisot, who spoke on policy coherence, and Alexander Gunkel, deputy director general of the German employers’ confederation BDA, who discussed social protection.

Participants at the conference recognized that coordination between different social actors and international institutions is essential in responding to the global jobs crisis, and they recognized the important link between economic growth, employment policies and social protection.  In his remarks concluding the conference, French Minister of Labor Xavier Bertrand acknowledged the role of entrepreneurs in creating jobs, and emphasized France’s focus on youth employment, calling for ambitious employment policies in the G20 nations.

The next meeting in the G20 process will take place on June 10, during the ILO’s International Labor Conference, when there will be consultations in Geneva with the social partners from the G20 countries.

Staff contact: Ronnie Goldberg

Related: G20 Advisory Group Launched for CEO Input to Heads of State (May 25, 2011)

More on USCIB’s Labor and Employment Committee

USCIB Makes Recommendations to Improve Customs “Trusted Trader” Program

At a March 15 meeting with U.S. Customs and Border Protection (CBP) Commissioner Alan Bersin, USCIB presented a provisional list of 18 benefits envisioned for participants in CBP’s trusted trader program, the Customs-Trade Partnership Against Terrorism (C-TPAT).  In April, Commissioner Bersin shared his goal of quadrupling C-TPAT membership over the next five to seven years with the trade community at the 2011 CBP Trade Symposium.  The following day, at a joint meeting with the ICC Committee on Customs and Trade Regulations, the USCIB Customs Committee concluded that USCIB could help Commissioner Bersin meet this goal by finalizing its provisional list of C-TPAT benefits.

With the support of the American Association of Exporters and Importers (AAEI), USCIB has provided a final list of eighteen C-TPAT benefits to Commissioner Bersin.  In a May 17 joint letter, USCIB and AAEI encouraged CBP to strengthen C-TPAT, to focus its core benefits on the pre-trade and post-trade events of the supply chain, and to develop substantial commercial benefits for Tier 2 and Tier 3 C-TPAT participants.

More on USCIB’s Customs and Trade Facilitation Committee

The Future of Trade Finance: Outlook 2011

By Michael F. Quinn, Managing Director, JP Morgan Global Trade and Chair of USCIB’s Banking Committee

As 2009 ended, we viewed the global economy – and its lifeblood, trade – through the prism of cautious optimism. The limited trade finance available from strong providers had been supplemented by central banks and international finance organizations. To keep the wheels of commerce turning, central banks had also injected liquidity into local economies and assisted in deleveraging bloated balance sheets. In markets where local action was weak or nonexistent, massive trade finance initiatives by various regional and global development banks had delivered much-needed liquidity. For all these reasons, we saw 2010 as the year in which the global economy would  receive a strong push along its road to recovery.

Trade rebounds

Throughout 2010,this proved to be the case. Economies in Asia and Latin America stayed strong as intra-Asia and South-South trade continued to show growth and vitality, although the rebound in Western Europe and the United States was slower, and some regions — Africa, Central Asia and Central America  — continued to lag behind.  Throughout 2010, demand for manufactured and finished goods increased. The voracious appetite of China and India for raw materials to support their internal infrastructure and increased production capacity continued unabated, keeping commodity flows strong as well . In the US, consumers who saw low inflation and a marked improvement in returns on investment came back from the sidelines, showing their famous American optimism even as housing values continued to erode and the job market failed to improve. Europe’s economic engine, Germany, resumed its traditionally strong performance, providing stability and funding to the Eurozone economies.  Global supply chains were restored — and in some cases, streamlined.  The shipping industry, which had over-invested in capacity in boom times, adjusted capacity to meet demand while taking less efficient equipment out of inventory.  Countries not previously engaged in global trade entered the market as the new low cost providers.  The evidence of these global improvements was faster growth in Trade than the WTO had originally envisioned. Its original growth forecast for 2010 was 9%; the actual figure is a considerably higher 14.5%.

In 2010, Letters of Credit usage continued to remain flat to the ’09 exit rate, with volume concentrated in support of Small and Medium sized Enterprises (SMEs) and smaller economies.  Dollar values tended to increase, tracking the rising costs of commodities as well as consumer goods and electronics orders that were the largest seen since early 2008. J.P. Morgan’s correspondent bank customers increased their demand for dollar-based financing to support the needs of their local customers, but from all appearances the transactions financed were open account.  Supply chain finance demand continued its growth trajectory as major buyers continued to strengthen their supply chains while negotiating more favorable terms.  As sellers showed more appetite for their counterparty’s paper, previously constrained liquidity sources began freeing  up capacity. Highly structured trade finance transactions re-emerged, but with greater transparency and fortified documentation.  The credit insurance market also saw improvement as overall trade flows grew and underwriting became more viable.

In 2011, with mostly good news on a macroeconomic front, Trade Finance pricing continues to fall. In many markets, prices are now at or near pre-crisis levels.  Secondary markets have been restored, with investor appetite continuing to increase and ramping to near pre-crisis capacity through a combination of direct participation in deals and continued utilization of development bank  support programs.  Market participation has also expanded to pre-crisis levels as banks that withdrew during the crisis returned.  Unfortunately, some are now demonstrating the bad behavior that was in evidence before the crisis and taking risk without reasonable and rational return.

Trade trend: Up, with some possible turbulence

A repercussion of the economic crisis for the banking community has been intensified scrutiny by the local and global regulators working to prevent a reoccurrence of the ’08 debacle. Basel III emerged in 2010, sending shock waves through the banking industry. The proposed requirements for trade transactions — increased capital, higher risk premiums –are causing banks to seriously reconsider their involvement in the trade finance arena.  Especially troubling are proposals to dramatically increase the capital required to support off-balance sheet documentary credits. The Asset Value Correlation factor, which impacts credit exposure to other financial institutions, and the Liquidity Ratio, which implies that Export Credit Agency lending will be considered illiquid, promise to raise the cost of trade loans significantly.  Uncertainty about Basel III is also challenging trade bankers, since much of the implementation timing and actual capital impact of Basel III will be determined by local regulators. On another regulatory front, global sanctions imposed on Iran by the United Nations have also had a major impact on most banks, requiring greater scrutiny of transportation information associated with trade transactions.  As local “know your customer” requirements diverge, global banking could become increasingly fragmented, impeding the flow of information and documentation among buyers, sellers and bankers.

Despite these challenges and complexities, our global trade outlook for 2011 and beyond is bullish.  Major trading partners are expected to continue their rebound or growth trajectories.  Trade finance will remain in demand, but capacity in most markets will continue to improve, reducing prices even further.  Initial forecasts indicate that by early 2012, global trade will have recouped its losses and will resume its traditional growth rates. Other than in credit constrained markets, the expectation is that the multilateral financing vehicles will diminish in importance in the primary and secondary markets, but will remain as a safety net in the event of a double dip recession. Letter of Credit utilization will continue to be concentrated in SME markets and the smaller economies, since their growth prospects are not as favorable as the major markets. Priming the pump in these markets continues to be challenging. For any financial institution other than donor organizations, the ability to do effective KYC is both problematic and not cost effective, given the relative size of the parties. This lack of access to traditional bank funding  will further impede economic development efforts in this sector.

Though increasingly less likely, the threat of a double dip in 2011 remains as deleveraging and the purging of “bad” assets continue unabated. The dreaded risk of inflation will also lurk as the cheap liquidity used to stoke economies after the crisis is reduced or eliminated. China’s strong internal inflation is now threatening low cost exporters. Brazil’s commodity boom is showing signs of contributing to inflationary pressure; Argentina seems to be suffering from the same complaint. In the Eurozone, any future disruptions threatening the fundamentals of its currency will force the European Union’s strong countries to take collective action. Increased volatility in sovereign risk and foreign exchange rates may create another dimension of risk in this year’s trade environment.  A “wild card” to the trajectory of global trade growth is the seismic shift in governments in North Africa and the Middle East.  Immediate and obvious impact will be on the price of oil which has implications for the almost every country but could be particularly harmful to economies which are still struggling to regain momentum.  Austerity measures taken in the United Kingdom and contemplated in other markets could adversely impact global economic growth and have a knock-on effect among trading partners. But whatever bumps we encounter on the road to recovery, we remain optimistic about this year’s prospects for global trade and  trade finance.

More on USCIB’s Banking Committee

Cooperation Key to Maximizing Internet and ICTs ICC Tells UN Commission

When it comes to development of the Internet and other information and communication technologies (ICTs), business stands at the forefront – as a dynamic innovator, investor and user. This was the message delivered by Herbert Heitmann, chair of the Commission on E-Business IT and Telecoms at USCIB’s affiliate, the International Chamber of Commerce. Mr. Heitmann, executive vice president, external communications, Royal Dutch Shell, spoke at the UN Commission on Science and Technology for Development (CSTD) today in Geneva.

Addressing the opening ceremony of the 14th session of the CSTD, Mr. Heitmann said: “From fast-tracking literacy rates to enhancing agricultural productivity, every day the products and services business develops are helping to empower and improve the lives of millions of people around the globe.”

Mr. Heitmann told delegates that when the right conditions are put in place, the private sector can play an important role building infrastructure and delivering required goods.

“Business contributes to establishing enabling environments through education initiatives, promoting innovation and creativity, public – private research and development partnerships,” he said.

UN Under Secretary General’s letter confirms strong business input into Internet Governance Forum preparations

ICC and its Business Action to Support the Information Society (BASIS) initiative have welcomed the recent announcement by UN Under Secretary General, Sha Zukang confirming continued strong representation of business in the Multistakeholder Advisory Group (MAG) that will steer preparations for the 6th Internet Governance Forum (IGF) – an open forum for policy dialogue on issues of Internet governance.

Mr Sha’s letter recognized the proven expertise and balanced representation of Internet stakeholders in the MAG including governments, business, civil society and the Internet technical community. Commending the MAG’s valuable contribution to IGF preparations each year, he said: “The MAG has more than proven its worth and the successful meetings that have been held in Athens, Rio de Janeiro, Hyderabad, Sharm-El-Sheik and Vilnius are [testament] to the work of its members.”

The MAG – a special advisory group to the UN Secretary General – is made up of representatives from all Internet interest groups.

To see a modified list of business representatives of the MAG and to read more on ICC’s website, click here.

 

To read Mr. Heitmann’s speech at CSTD, please click here.

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USCIB Urges Changes to Proposed Korean Chemicals Regulation

korea_flagThe Korean environment ministry recently proposed far-reaching regulations, modeled largely on European Union law, on the use of chemicals.  In response, USCIB engaged its members and submitted comments, supporting other submissions by business and industry groups, including the American Chemistry Council.

The regulations would amend Korea’s toxic chemicals control act and introduce many elements similar to those found in the EU’s REACH law on chemicals, including priority chemicals, chemicals for authorization, chemicals for restriction, pre-registration of priority chemicals and communication of information throughout the supply chain.

USCIB urged that manufactured products or articles be excluded from all the regulation’s provisions, and that exclusions for such articles not require a confirmation that they are exempt.  “A requirement that manufacturers or importers submit an application for confirmation of an exemption would be inefficient and wasteful,” the USCIB letter stated.

Under a World Trade Organization agreement on technical barriers to trade, Korea must notify the organization when it prepares or adopts a new technical regulation or standard, and other WTO member nations may comment on such measures.

Staff contact: Helen Medina

USCIB Letter to Korean Environment Minister

More on USCIB’s Product Policy Working Group

Stakeholder Involvement is the Key to Continued Internet Development and Economic Growth

As the e-G8 gets underway in Paris on May 24-25, USCIB’s affiliate the International Chamber of Commerce (ICC) has reiterated its long-standing belief that Internet policy issues are most effectively addressed with the involvement of all relevant stakeholders on an equal footing, and highlighted global business positions on several policy topics to be discussed at the event.

Business acknowledges the positive contributions of the Internet to the global economy and advocates a favourable Internet governance environment as a pre-condition for continued investment, innovation and development in this dynamic network of networks.

ICC believes that effective Internet-related policies can foster economic recovery and growth.

“The e-G8 meeting is a positive recognition of the importance of the Internet sector, and the importance of taking a multistakeholder approach to Internet issues,” said ICC Secretary General Jean-Guy Carrier. “Helping more people to gain access to the Internet is the most effective way to ensure diversity of content and users. A regulatory environment that helps obtain development goals through private sector competition, is the most sustainable way to attract investment, promote innovation and help build necessary infrastructures to bring the benefits of the Internet to the next billion users.”

Read more on ICC’s website.

Related: Cooperation Key to Maximizing Internet and ICTs, ICC Tells UN Commission (May 23, 2011)

 

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