Examples of using Draft supplement in English and their translations into Spanish
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Official
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Colloquial
Purpose of the draft Supplement.
The draft Supplement recommends this approach see recommendation 243 below.
We have received, for comment, the draft Supplement.
It was also pointed out that such an approach appeared in a previous version of the draft Supplement, but was eliminated on the grounds that it could create uncertainty or increase the time and cost required to conclude a transaction see A/CN.9/667, para. 124.
The text met the objectives of the Guide and the draft Supplement.
The technical expert group had the opportunity to comment on the draft, supplementing electronic communications with teleconferences with a view to its further development.
At its forty-third session, in 2010,the Commission considered and approved the draft Supplement.
The Chairperson said she took it that the notes to the Commission would be deleted in the final version of the draft Supplement but that cross-references to other parts of the Supplement would be retained with the appropriate editorial adjustments.
With regard to the preface of the draft Supplement, WIPO had made a suggestion to have the role it played in organizing the 2007 colloquium highlighted in the third paragraph to read:"… the secretariat organized, with the cooperation of WIPO, a colloquium.
The deliberations and decisions of the Working Group are set forth below in chapter IV. The Secretariat was requested to prepare a revised version of the draft Supplement reflecting the deliberations and decisions of the Working Group.
For the purposes of the draft Supplement, the term includes intellectual property or a licence of intellectual property used or intended by the grantor to be used for sale or licence in the ordinary course of the grantor's business.
The deliberations and decisions of the Working Group are set forth below in chapters IV and V. Subject to changes mentioned in chapter IV,the Working Group adopted the recommendations and the substance of the commentary of the draft Supplement.
Noting the interest of the international intellectual property community,the Commission requested the Working Group to expedite its work so that the draft Supplement could be submitted to the Commission for finalization and adoption at its forty-third session.
The draft Supplement contains six chapters covering a wide range of issues, including an overview of national compilation and dissemination practices and their compliance with the International Merchandise Trade Statistics: Concepts and Definitions, Revision 2 IMTS, Rev.2.
The Commission may also wish to consider requesting the Secretariat to intensify its efforts of disseminating information andproviding legislative assistance to States interested in implementing the Guide and the draft Supplement see A/CN.9/695, para. 24.
In preparation for the forty-third session of the Commission(New York,21 June-9 July 2010), the text of the draft Supplement(contained in documents A/CN.9/700 and Addenda 1-7) was circulated to all Governments and to international organizations for comment.
At its forty-second session(Vienna, 29 June-17 July 2009), the Commission expressed its appreciation to the Working Group and the Secretariat for the progress achieved thus far andemphasized the importance of the draft Supplement referred to above as the"draft Annex.
It would be useful to include some recognition,in any part of the draft Supplement, that this is a very specific problem of the software business, and that special rules are needed because end-user licences are functional equivalents of sales of merchandise subject to intellectual property rights.
The Chairperson said that the Commission seemed to take the view that the note to the Commission following paragraph 47 of document A/CN.9/700/Add.5 raised an issue that should be addressed in the draft Supplement and that the alternative wording in the note should not in fact replace, but rather be added to, paragraphs 44 to 47.
Mr. Alcantara(Observer for the Commercial Finance Association) said that his delegation had been one of the proponents of the proposal set out in document A/CN.9/XLIII/CRP.7 butcould fully support the revised Canadian proposal as the single option to be included in the draft Supplement.
The Commission may wish to note that the draft Supplement was developed in close cooperation with the World Intellectual Property Organization(WIPO), the Permanent Bureau of the Hague Conference on Private International Law and UNCITRAL Working Group V(Insolvency Law) see paras. 10 and 11 above.
The Commission also noted with appreciation the results of the coordination efforts of Working Groups V and VI. Noting the interest of the international intellectual property community,the Commission requested the Working Group to expedite its work so that the draft Supplement could be submitted to the Commission for finalization and adoption at its forty-third session.
In line with the overall objective of the Guide, the draft supplement was intended to make credit more easily available to intellectual property owners and other intellectual property rights holders, thus enhancing the value of intellectual property rights without interfering with fundamental policies of law relating to intellectual property.
Working Group VI began its work on the preparation of the draft Annex at its thirteenth session(New York, 19-23 May 2008) and completed it at its seventeenth session(New York, 8-12 February 2010)with the adoption of the draft Supplement to the UNCITRAL Legislative Guide on Secured Transactions dealing with security rights in intellectual property.
The draft Supplement recognizes that each jurisdiction may have specific rules governing intellectual property and seeks to accommodate these regimes in addressing the issue of security interests; the draft Supplement thus offers a generally acceptable intellectual basis for the solution of a number of intricate legal problems in different legal systems.
The concept of priority As used in the Guide, the concept of priority of a security right as against competing claimants refers to the question of whether the secured creditor may derive the economic benefit of its security right in an encumbered asset in preference to a competing claimant see the term"priority" in the introduction to the Guide, sect. B;see also the term"competing claimant" in the introduction to the draft Supplement, A/CN.9/700, paras. 10 and 11, and paras. 3-5 below.
Paragraphs 44 to 47 of the draft Supplement served to illustrate the Guide's recommendation to States to consider establishing a system of acquisition financing, and to emphasize that there was a difference between the logic of general security rights registries and specialized intellectual property rights registries, particularly with regard to priority of rights.
At its forty-third session, the Commission will have before it:(i) the reports of the sixteenth and seventeenth sessions of the Working Group(A/CN.9/685 and A/CN.9/689, respectively);(ii)a note by the Secretariat containing the revised version of the draft Supplement to the UNCITRAL Legislative Guide on Secured Transactions dealing with security rights in intellectual property(A/CN.9/700 and Add.1-7); and(iii) a compilation of comments received from States with regard to the draft Supplement A/CN.9/701 and addenda.
With regard to the status of drafted Supplements, he noted that translations of the English-language version of the twelfth and thirteenth Supplements, covering the years 1993 to 2009, were expected to be published shortly in the remaining languages.