----------------------------Original message----------------------------
Forwarded from the Digital Future Coalition listserv.
See forthcoming messages for information on the E-Commerce report by
the WTO's Council for Trade-Related Aspects of Intellectual Property
Rights (the TRIPS council) and: the European Commission's response to
The Trans Atlantic Consumer Dialogue (TACD) recommendations on
e-commerce and intellectual property.
Roger Lawson
Chair, ARLIS/NA Public Policy Committee
>>> James Love <[log in to unmask]> 11/12/99 10:50am >>>
This proposal from Canada to the WTO regarding ecommerce would give
the WTO a pretty broad mandate in e-commerce issues, including the
issues relating to the "adequate protection of intellectual property works
in the digital world," and the "identification of specific issues arising
from domestic regulation affecting electronic commerce."
Jamie
PREPARATIONS FOR THE 1999 MINISTERIAL CONFERENCE
Electronic Commerce
Communication from Canada
The following communication, dated 23 September 1999, has
been received from the Permanent Mission of Canada.
_______________
1. The following proposal is presented by Canada for consideration
inthe preparatory processfor the Seattle Ministerial meeting. The
non-paper distributed by Canada at the Council for Trade in Services on
19 July 1999, entitled Global Electronic Commerce: A Canadian
Perspective, provides background material to this proposal.
Proposal
2. That, as part of the recommendations on electronic commerce to
the Seattle Ministerial:
- Members agree to extend their current practice of not imposing
customs duties on electronic transmissions; this commitment will be
reviewed at the next Ministerial meeting, taking into account the progress
of negotiating groups and/or WTO bodies.
- Members agree that the electronic delivery of services falls within
the scope of the GATS, since the Agreement applies to all services
regardless of the means by which they are delivered. Measures
affecting services supplied by electronic means are measures affecting
trade in services and would therefore be covered by GATS obligations.
- Members agree that the supply of services by electronic means is
permitted by specific commitments unless a Member's schedule states
otherwise.
- Members agree that all GATS provisions, whether relating to
general obligations or specific commitments, are applicable to the supply
of services through electronic means.
- Members agree that the provisions of the TRIPS Agreement apply
to electronic commerce, and that the effective implementation of this
Agreement will facilitate electronic commerce.
- Members agree that the following issues should be included in the
work conducted in WTO bodies and negotiating groups in relation to
electronic commerce:
- indefinite extension of the current practice of not imposing
customs duties on electronic transmissions;
- clarification of the distinction between the GATS modes of
supply in situations where a service is being supplied by electronic
means;
- classification and scheduling of new services related to
electronic commerce which are not already included in the Central
Product Classification (CPC);
- classification of electronic transmissions with a physical
equivalent;
- the adequate protection of intellectual property works in
the digital world;
- benefits of electronic commerce for developing countries
and ways of enhancing their participation;
- the application of the provisions of the Annex on
Telecommunicationsregarding access to and use of public
telecommunications transport networks and services to the supply of all
services included in a Member's schedule;
- the application of the provisions of the GATS Reference
Paper on Basic Telecommunications to basic telecoms services relevant
to e-commerce;
- identification of specific issues arising from domestic
regulation affecting electronic commerce.
- Members agree to establish an Experts Committee on
Electronic Commerce, a horizontal non-negotiating group to advise and
inform the work conducted in WTO bodies and negotiating groups in
relation to electronic commerce.
Background
3. Electronic commerce is increasingly global and can reinforce the
trend towards tradeliberalization. It requires an open, predictable,
and transparent trading environment which operates across territorial
borders and jurisdictions. International cooperation is essential to
creating such a trading environment and to optimizing the social and
economic potential of electronic commerce, both by creating the enabling
conditions for electronic business to take place on a transnational
basis and by removing barriers or impediments to electronic commerce.
4. The Work Programme on Electronic Commerce executed over the
past yearhas beensuccessful in bringing to the forefront the
trade-related aspects of electronic commerce, and highlighting the issues
which must be considered within each WTO body as part of ongoing
work. For example, Members have noted that while information
technology in general, and e-commerce in particular, could be
instrumental in the multilateral trading system, steps should be taken to
ensure that e-commerce does not remain beyond the reach of many
developing countries. Narrowing the gap between developing and
developed countries is both important and urgent and will be beneficial to
all Members.
5. The Work Programme has resulted in consensus on some issues,
as described above; it is evident however that further dialogue is
necessary to develop a fuller understanding of what is needed to both
enable global electronic commerce and reduce impediments to trade.
Given the varying stages of adoption of electronic commerce, its
underlying technologies, and the development of national approaches
among Members, the creation of a forum for the discussion of
trade-related aspects of electronic commerce in a non-negotiating
context will contribute to the development of truly global electronic
commerce.
6. Given the nature of electronic commerce, including the rapidly
evolving technology associated with electronic commerce, a WTO
Experts Committee on Electronic Commerce, consisting of
representatives from all interested WTO Member governments, should
consider ways in which it can draw upon expertise from outside
government using processes similar to those of other WTO bodies.
__________
--
James Love / Director, Consumer Project on Technology
http://www.cptech.org / [log in to unmask]
P.O. Box 19367, Washington, DC 20036
voice 202.387.8030 / fax 202.234.5176
