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TRIPS Agreement

The Agreement on Trade-Related Aspects of Intellectual Property Rights is an international legal agreement between all the member nations of the World Trade Organization. It sets down minimum standards for the regulation by national governments of many forms of intellectual property as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade between 1989 and 1990 and is administered by the WTO; the TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration; the Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal "to promote access to medicines for all."

TRIPS requires WTO members to provide copyright rights, covering authors and other copyright holders, as well as holders of related rights, namely performers, sound recording producers and broadcasting organisations. TRIPS specifies enforcement procedures and dispute resolution procedures. Protection and enforcement of all intellectual property rights shall meet the objectives to contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, to a balance of rights and obligations. TRIPS was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade in 1986-1994, its inclusion was the culmination of a program of intense lobbying by the United States, supported by the European Union and other developed nations. Campaigns of unilateral economic encouragement under the Generalized System of Preferences and coercion under Section 301 of the Trade Act played an important role in defeating competing policy positions that were favored by developing countries like Brazil, but including Thailand and Caribbean Basin states.

In turn, the United States strategy of linking trade policy to intellectual property standards can be traced back to the entrepreneurship of senior management at Pfizer in the early 1980s, who mobilized corporations in the United States and made maximizing intellectual property privileges the number one priority of trade policy in the United States. After the Uruguay round, the GATT became the basis for the establishment of the World Trade Organization; because ratification of TRIPS is a compulsory requirement of World Trade Organization membership, any country seeking to obtain hard access to the numerous international markets opened by the World Trade Organization must enact the strict intellectual property laws mandated by TRIPS. For this reason, TRIPS is the most important multilateral instrument for the globalization of intellectual property laws. States like Russia and China, that were unlikely to join the Berne Convention have found the prospect of WTO membership a powerful enticement.

Furthermore, unlike other agreements on intellectual property, TRIPS has a powerful enforcement mechanism. States can be disciplined through the WTO's dispute settlement mechanism. TRIPS requires member states to provide strong protection for intellectual property rights. For example, under TRIPS: Copyright terms must extend at least 50 years, unless based on the life of the author. Copyright must be granted automatically, not based upon any "formality," such as registrations, as specified in the Berne Convention. Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection. National exceptions to copyright are constrained by the Berne three-step test Patents must be granted for "inventions" in all "fields of technology" provided they meet all other patentability requirements (although exceptions for certain public interests are allowed and must be enforceable for at least 20 years. Exceptions to exclusive rights must be limited, provided that a normal exploitation of the work and normal exploitation of the patent is not in conflict.

No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed. Legitimate interests of third parties have to be taken into account by patent rights. In each state, intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPS signatories under the principle of national treatment. TRIPS has a most favored nation clause; the TRIPS Agreement incorporates by reference the provisions on copyright from the Berne Convention for the Protection of Literary and Artistic Works, with the exception of moral rights. It incorporated by reference the substantive provisions of the Paris Convention for the Protection of Industrial Property; the TRIPS Agreement mentions that software and databases are protected by copyright, subject to originality requirement. Article 10 of the Agreement stipulates: "1. Computer programs, whether in source or object code, shall be protected as literary works under the Berne Conventi

George Cleve

George Wolfgang Cleve was an Austrian-born American conductor. Born in Vienna, the son of Felix Cleve and the former Melitta Monheit, the family emigrated from Austria in 1938 after the Anschluss, settled in New York City in 1940. Cleve studied at the Mannes College of Music, his conducting teachers included Pierre Monteux, who suggested Cleve as a substitute conductor for a concert at the Palace of the Legion of Honor, San Francisco, in 1960, which marked Cleve's professional debut. Cleve was music director of the Winnipeg Symphony Orchestra from 1968-1970, he subsequently served as music director of the San Jose Symphony from 1972 to 1992. He was respected, but demanding, as musicians noted:'Notorious for his moods and angry outbursts during rehearsals, Cleve could offend his players. Gilda Mazzanti, a violinist, once said, "There were many pieces, but as far as the conducting -- it was inspiring," he said Thursday. "There was always a commitment to finding the deepest meaning of the piece. He had that channel going."'"Mr. Cleve had a long-standing reputation as a tempestuous tyrannical, but, a function of his high standards, Hansen said.'He was difficult, but he was harder on himself than on anyone.

He was all about integrity, if you had that you were a colleague.'"In 1974, Cleve co-founded the Midsummer Mozart Festival with Robert Hubbard and Wendell Rider, served as its artistic leader from its founding until his death. In New York City, Cleve first conducted at the Mostly Mozart Festival in 1975 and at New York City Ballet in 2000, subsequently appeared with both organisations as a guest conductor. Cleve died at the age of 79 in Berkeley, from liver failure, he married Maria Tamburrino, a flutist, in 1986. He has a son, Jeremiah Wiggins, from a previous relationship, his wife, daughter-in-law and granddaughter survive him. Symphony Silicon Valley page on George Cleve

Fang Keli

Fang Keli is a Chinese New Confucian philosopher and a member of the Communist Party of China. He is best known for his work in New Confucianism and his theories which attempt to integrate Marxism and traditional Chinese culture. Fang Keli was born in June 1938 in Xiangtan, China, his father, Fang Zhuangyou, was a professor at Wuhan University. His mother was a chief-leader of Women’s Work at Wuhan University. Fang said that, “ was influenced by family’s tradition both intellectually and culturally, but growing up was influenced more by the historical period, the collective life in school and the education got from the Communist Party and teachers.” The influence of history and Communism would affect Fang’s work. As a student Fang earned high marks and was a leader in both the Young Pioneers and the Communist Youth League. One year prior to his enrollment at Renmin University, the Anti-Rightist campaign began and Fang was disciplined by the Communist Youth League for undisclosed reasons, he cites this as an “important turning point in life.”In 1958, Fang was sent to work in rural Beijing where he would partake in hard labor for six months.

In July of 1962, he graduated from Renmin University's philosophy department. Between 1964 and 1965, Fang participated in the Four Clean-ups of the Socialist Education Movement. In 1969, Fang was made to enroll in the cadre’s school at the People’s University in Jiangxi province where he would become an active worker and gain first-hand experience with social reform. During these formative years, Fang would learn a crucial lesson about practice and its role in apprehending a greater level of understanding. Fang published his first major work, The Theory of the Unity of Knowing and Doing in Chinese Philosophical History, in 1982, it was one of the first books concerning Chinese philosophy to be published after the Cultural Revolution. As the title suggests, the seminal work dealt with topics addressed in Mao Zedong’s On Practice and was favorable towards Marxism. Fang’s interests were broad through the early 1980s, a time which saw the scholar making contributions in such topics as the distinction between Chinese concepts of “Tao” and “Qi.”

The latter half of the 1980s, continuing into the 1990s marked a new phase in which ruxue began to receive consideration as a means of “sinicizing” Marxism in China. Fang would play a crucial role in this movement and it was during this time that Fang would make his bones. In 1986, Fang working at Nankai University in Tianjin, helped to found an academic group of over 50 researchers which studied Contemporary New Confucianism, or Contemporary New Ru Learning; this undertaking would span a decade’s time, making it the most costly and extensive humanities project sponsored by China’s Ministry of Education. From 1994 to 2000 Fang served as President of the Graduate School of Chinese Academy of Social Sciences, he was elected an academician of the Chinese Academy of Social Sciences in 2006. The 1986 research team would lead Fang to conclude that, as of the May 4th Movement, New Ru Learning and Western liberalism were most prominent schools of thought in the nation; this equivocation of New Ru Learning and Marxism pushed the former to an elevated status in the public eye, despite Fang’s protests.

Contrary to the public clamor for New Ru Learning, Fang saw ruxue as a fundamentally feudal ideology—though he still believed there was historical and cultural value to be derived from it. He explained that all ideologies, their predecessors and their successors function within the context of one another. In this way all ideas retain a level of relevance. Fang championed the idea of critical inheritance, which he developed from the philosophy of his contemporary, Zhang Dainian. Though similar ideas had been promulgated as early as the old Chinese idiom, develop what is positive and discard what is negative, Zhang’s rendition was different in that it factored the West into its equation. Zhang sought to first divide traditional Chinese culture into its dross and its essence, its worthy and unworthy to do the same with Western culture and synthesize the two to achieve a ‘synthetic creation.’ Of this, Fang said: “I accepted the cultural propositions of the school of comprehensive innovation represented by Mr. Zhang, I summarized the basic ideas of this school in the following words: to make the past serve the present.

Fang sought to thereby create an improved society. Relative to some of his peers, he was quite moderate and condemned more essentialist positions: “…I approve of the theory of cultural comprehensive innovation instead of “Cultural Radicalism” or “Cultural Conservatism”. Based on this kind of cultural standpoint, I believe that the way of “wholesale Westernization” and “the revival of Confucianism” will go nowhere in China.” Fang did not wish for a revival of Ruism, nor did he want China to be Westernized. Delving further into Zhang’s model of synthetic creation, Fang laid out four tenets for cultural application. Firstly, one must have an open mindset, malleable and thoughtful. Second, neither Chinese culture nor Western culture should be overly dominant. For synthesis, it is important to keep Chinese tradition and to learn from the West. Third, the manner of critical inheritance ought not to be rather dialectical. Lastly, Fang likens the process to eating and digestion: one must combine unlike elements and convert them into positive energy.

Fang has taught for over 45 years at various universities. He cites tea