Page 37 - IB December 2021

Fisheries Fisheries

waiver.”
The NGO coalition was also unimpressed with New Zealand’s
TRADE MARK CAUTIONARY NOTICE IN NAURU,
role in the now referenced “Walker process,” where the New TRADE MARK CAUTIONARY NOTICE
IN
Zealand representative to the WTO, Ambassador David Walker MICRONESIA, AND PALAU
offered a way out. Civil society labelled that proposal as a NAURU, MICRONESIA, AND PALAU
Bata Brands SA, a Swiss Company, of Avenue d’Ouchy 61, 1006
“sham” and “deplorable.” Bata Brands SA, a Swiss Company, of Avenue d’Ouchy 61, 1006 Lausanne, Switzerland,
Lausanne, Switzerland, does hereby provide notice that it claims
“Walker’s text also calls on WTO Members to establish a proprietorship of the trade marks
does hereby provide notice that it claims proprietorship of the trade marks
“Work Plan on Pandemic Preparedness and Resilience.” How-
ever, the main intent of this work-plan appears to be to “push
the liberalisation and deregulatory interests of developed
countries and undermine existing mandates” within the WTO.
“Notably, the Walker process specifically excludes discussion 1.
on the most important topic: the TRIPS waiver. The [NGO] calls
on WTO members to immediately agree to the TRIPS waiver as 2.
proposed.
“The “reality is that the Walker process is a deplorable at-
tempt by the WTO to cover up what should be a grave humilia-
tion: its inability to agree to remove key obstacles to resolving
the COVID-19 pandemic by waiving intellectual property bar- 3.
riers as per the TRIPS waiver proposal. Millions of people have 4. BATA
died because of the WTO’s vaccine apartheid and inequitable 5. BABY BUBBLES
access.” 6. POWER
A member of the international NGO coalition, the Fiji-based
Pacific Network on Globalisation (PANG) identified 11 prob- 7. SANDAK
lematic clauses in its analysis of the text of the proposed WTO 8. INDUSTRIALS
agreement on fishery subsidies, and has offered 19 recommen- 9. MARIE CLAIRE
dations. 10. AW LAB
“The revised Chair’s text fails to address the imbalances of 11. BUBBLEGUMMERS
previous texts or target those subsidisers most responsible for
the global state of fish stocks. The flexibilities for big subsidis- 12. NORTH STAR
ers continue with a permanent carve-out offered under the 13. WEINBRENNER
exemption of Article 5.1.1,” said the PANG’s analysis. 14. TOMY TAKKIES
“The text currently undermines other existing international 15. SUNDROPS
agreements like the UN Convention on the Law of the Sea (UN-
CLOS) that enshrine the rights and responsibilities of Members 16. B.FIRST
in their exclusive economic zones. 17. PATAPATA
“Developing countries and LDCs are most disadvantaged 18. COMFIT
with the undermining of UNCLOS as it not only reduces their 19. FOOTIN’
sovereignty, but it places the burden on those countries who 20. SAFARI
still retain the majority of fisheries resources to disproportion-
ately carry the commitments of the agreement,” added the 21. AMBASSADOR
PANG document. in relation to:
Minister Koya of Fiji was blunter when he told the WTO last in relation to:
Articles of footwear and parts and fittings thereof.
July that he wanted the text to recognise and provide ‘Special
and Differential Treatment’ (SDT) to developing nations like Articles of footwear and parts and fittings thereof.
Bata Brands SA cautions that any use of the trade mark or any confusingly similar trade
Fiji. mark in relation to any of these goods, similar goods, or similar services would be seen
as infringement of their rights and that they will take such action deemed necessary to
“Attempts to reduce SDT to time bound and territorial sea Bata Brands SA cautions that any use of the trade mark or
protect those rights.
bound carve-outs is simply unacceptable for us. In short, the any confusingly similar trade mark in relation to any of these
current approach penalises us for never having been major goods, similar goods, or similar services would be seen as
Bata Brands SA can be contacted care of their address for service:
subsidies. infringement of their rights and that they will take such action
AJ Park, Level 22, Aon Centre, 1 Willis Street, Wellington 6011, New Zealand
“It is equally outrageous that access to SDT should be con- deemed necessary to protect those rights.
ditioned on small island developing states fulfilling onerous Bata Brands SA can be contacted care of their address for
reporting requirements on non-subsidy matters. The WTO is service:
19481985_1_cautionary notice - nauru, micronesia, and palau.docx
not a fisheries management organisation,” he concluded.
AJ Park, Level 22, Aon Centre, 1 Willis Street, Wellington
publisher@islandsbusiness.com 6011, New Zealand

Islands Business, December 2021 37