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Dr
Christophe Germann Attorney at law admitted to the
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News Germann Avocats and its multidisciplinary research team are completing a study for the European Parliament's Committee on Culture and Education (tender procedure IP/B/CULT/IC/2009-057). The overall objective of this study is to provide a summary of the state of implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005, in particular in fields where the European Community would be expected to provide leadership or coordination. This study shall give assistance and long-term guidance to the EU on implementing the UNESCO Convention by carrying out a detailed analysis of the obligations set out by this international treaty. In particular, we shall gather information on the various practices in implementing the UNESCO Convention, from a legal and practical viewpoint, and identify challenges and measures to help achieve the objectives of this instrument. This work shall be completed in Spring 2010 and publicly available at:
• Professor Caroline Pauwels (Vrije Universiteit Brussel) and Dr Jan Loisen (researcher on the project “Cultural Diversity and Subsidiarity” at the Flemish Centre for Foreign Policy, Vlaams Steunpunt Vlaams Buitenlands Beleid) will contribute to the survey work and questionnaire design; and, analyze of the implementation of the UNESCO Convention in the framework of the European trade policy and the protocols on cultural cooperation (EC external relations). • Dr Teresa Hoefert de Turegano (Germann Avocats and consultant) will provide a case study based on the ACP Film Fund. This case study will critically discuss international funding mechanisms for cultural policies, with a special focus on external relations and development questions. • Professor Annick Schramme (University of Antwerp) and Sigrid Van der Auwera (University of Antwerp) will contribute to the analysis of the implementation of the UNESCO Convention in the area of internal policies of the European Union, with as special focus on linguistic diversity. • Attorneys at law Dr Delia Ferri (Germann -Avocats and consultant) and Dr Christophe Germann (Germann -Avocats and researcher in the United Kingdom) will provide the legal contributions to the study on a cross cutting basis (EC's external relations and internal policies including new ideas and approaches on civil society, intellectual property and competition, and the prevention of cultural genocide). • Jonathan Henriques (Germann Avocats and researcher) will oversee the process of conducting the surveys and interviews on the implementation practices of the UNESCO Convention. The researchers Dr Lucia Bellucci, Andrzej Jakubowski, Roberto Soprano, Sonja Lipus and Lauren Milden will contribute to the analysis of the data. High-level discussants from academia will critically assess the legal contributions on new ideas related to the implementation of the UNESCO Convention: • Professor Fiona Macmillan (Birkbeck University of London School of Law) regarding the implications of intellectual property; • Professor Ben Kiernan (Yale University) regarding cultural genocide prevention; • Professor Hélène Ruiz Fabri (Centre National pour la Recherche Scientifique (CNRS) and the University of Paris 1 - Panthéon-Sorbonne) regarding civil society involvement (participation yet to be confirmed). For additional information on this Study, please send an email request to: -------------------------------- Germann Avocats has completed its work on a study for the European Commission on state aid for the European film industry as part of a European consortium consisting of Attentional (former name David Graham & Associates) of UK, Rambøll Management of Denmark, and led by UK-based Cambridge Econometrics. The Study on the Economic and Cultural Impact, Notably on Co-productions, of Territorialisation Clauses of State Aid Schemes for Films and Audiovisual Productions has successfully tackled a complex and highly controversial issue, looking at the possible legal, economic and cultural impact of territorial conditions attached to State Please click here for the full report. -------------------------------- Christophe Germann outlines new approaches of competition law to promote cultural diversity at the at the international conference "The UNESCO Convention on cultural diversity: first achievements and legal challenges ahead to implement its objectives in economically disadvantaged countries" at the Sorbonne, Paris, on 18 and 19 June 2008. -------------------------------- Christophe Germann will defend a balanced copyright and trademark system for cultural industries vis-a-vis Professor Joost Smiers in a panel debate on "Copyright: Obstacle or Promoter of Education, Culture and Progress" at the Universal Forum for Cultures in Monterrey, Mexico, on 3 October 2007 (see: www.monterreyforum2007.org).
-------------------------------- In June 2007, Christophe Germann gave a lecture on "Governance in the World Trade Organization (WTO)" within the framework of the Master of European Governance and Administration (MEGA). This programme is a German-French government project which is conducted by a consortium that includes the German Federal Ministry of the Interior, the French Ministry for the Public Service and the Reform of the State, the PCPM/University of Potsdam, the Humboldt-University, the Ecole Nationale d'Administration (ENA) and the Université Paris 1 Panthéon-Sorbonne. -------------------------------- The Union of Film Music Composers UFMC (Switzerland) is guest of the International Pavilion of Film Music 2007 at the 60th International Film Festival of Cannes. Christophe Germann talks at the conference on “Creation, Author Rights and New Media” presented by UFMC and sponsored by the SUISA Foundation for Music, together with Donna Ghelfi, Office of Strategic Use of Intellectual Property for Development (WIPO/OMPI), Creative Industries Division, Carine Jaggi, Télévision Suisse Romande (TSR), NOUVO Magazine (multimedia development), Guillaume Chenevière, President of CERTIMEDIA and former General Manager of TSR, Stéphane Kirscher, composer and Chairman of UFMC, and Bernard Grimaldi, composer and Chairman of FFACE (23 May 2007, 9:30 to 11:30 am, Plage des Goëlands, La Croisette). For further information, see www.ufmc.ch -------------------------------- Christophe Germann discussed the new case "China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products - Request for Consultations by the United States" (DS362 and DS363) in his lecture of 23 April 2007 on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) at the University of Glasgow, Law School. -------------------------------- In December 2006, Christophe Germann gave a presentation on "Promoting Trade Related Cultural Diversity in Exchange of National Treatment for Copyright" at the conference "European Art and Culture Between Free Trade and Cultural Diversity. A Delicate Dialogue?" that was organized by the Cultural Information and Research Centres Liaison in Europe (CIRCLE) in Helsinki. This conference brought together experts and practitioners in international cultural cooperation and world trade to investigate, analyze and assess the responses and stands taken by governmental, trans-governmental and corporate actors in relation to international conventions and treaties defining the status of the arts and culture in the evolving global economy. -------------------------------- Summary of Dr Christophe Germann's recent presentation "Promoting Trade Related Cultural Diversity against National Treatment for Copyright" at the 2006 – Annual Conference on New Directions in Copyright, Birkbeck, University of London. -------------------------------- Germann Avocats represented the film director Fredi M. Murer (Pardo d'Oro for "Hoehenfeuer" at the International Film Festival of Locarno) and its production company for the widely acclaimed "Vitus" starring Bruno Ganz (www.vitus-film.com). This feature attracted more than 200000 people to the Swiss theatres to date and has been sold to more than 30 countries. -------------------------------- As of 15 December 2006, 35 countries ratified the UNESCO Convention on the Protection and the Promotion of the Diversity of Cultural Expressions. This international agreement will therefore enter into force on 18 March 2007. For a critical assessment of this instrument, read Christophe Germann's chapter "Towards a Global Cultural Contract to counter trade related cultural discrimination" in: Nina Obuljen & Joost Smiers (eds.), UNESCO’s Convention on the Protection and the Promotion of the Diversity of Cultural Expressions: Making it Work, Zagreb 2006. -------------------------------- Christophe Germann’s doctoral thesis "Diversité culturelle et libre-échange à la lumière du cinéma - Réflexions critiques sur le droit naissant de la diversité culturelle sous les angles du droit international de l’UNESCO, de l’OMC, de la concurrence et de la propriété intellectuelle" ("Cultural Diversity and Free Trade in the Light of Cinema") shall be published in August 2007 by Helbing & Lichtenhahn (see summary in French). -------------------------------- In 2003 - 2004, Christophe Germann headed the legal part of "Avanti". This professional training programme on audiovisual laws and policies for lawyers from Georgia, Armenia and Azerbaijan was funded by the Swiss Development and Cooperation Agency (www.deza.ch). Interview with Christophe German by Sandra Vinciguerra, "Hollywood pratique une discrimination culturelle à l'échelle planétaire", in : Le Courrier, Geneva, 13 October 2003
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