Original news and analysis on international IP policy
Heads of national information and telecommunications regulatory authorities gathered in Geneva for an annual symposium, and agreed on global best practice guidelines for the new digital ecosystem. After the meeting, Brahima Sanou, head of the UN International Telecommunication Union Development Bureau answered Intellectual Property Watch on the outcome of the meeting, and topics such as privacy and the digital divide.
The last World Intellectual Property Organization committee before the summer break ended on a happy note this week. After some time spent tweaking the future work of the WIPO committee on the law of patents, delegates appeared satisfied with the balance achieved. The week saw plans for conferences, numerous new proposals and calls for reports, on subjects such as research exceptions, patents and medicines access, compulsory licensing, technology transfer, and patent quality.
It seemed last week that after years of mainly fruitless discussions at the World Intellectual Property Organization committee seeking ways to protect genetic resources, progress was achieved and some agreement was within reach. However, on the last day, the United States, supported by Japan, rose against the consensus on a draft text, provoking the ire of developing countries, and general disappointment.
Efforts to draft new language to bridge gaps in this week’s negotiations on a potential treaty protecting genetic resources at the World Intellectual Property Organization were praised by a number of participants. However, what is now presented as a "package" proposition, focusing the instrument on patents, left some developing countries with the feeling that the concessions they made on the patent-only focus are not being met with a similar efforts by others, in particular on a proposed disclosure requirement for patent applicants.
On the eve of this week's meeting of a World Intellectual Property Organization committee on genetic resources, an expert group met behind closed doors to discuss some of the more difficult issues. The report of the expert group to the full committee on 25 June confirmed differences but also common views and avenues to be explored, and has been carried into the week.
An expert group is meeting Sunday at the World Intellectual Property Organization, on the eve of a weeklong session of the WIPO committee on genetic resources and traditional knowledge. The expert group will address the most divisive issues in the discussions of the committee in charge of finding solutions to protect genetic resources, traditional knowledge and folklore against misuse and misappropriation.
Dr Carlos Maria Correa, an Argentinian economist and lawyer, is globally renowned for his expertise on international trade, intellectual property, health, technology transfer, investment policy and especially their impact on developing countries. He has authored several books and academic articles and been a visiting professor at several universities. Additionally, he has consulted with many United Nations agencies, the World Bank, and other regional and international organisations and has advised several governments on intellectual property, innovation policy and public health. Correa was a member of the UK Commission on Intellectual Property, of the Commission on Intellectual Property, Innovation and Public Health established by the World Health Assembly and of the FAO Panel of Eminent Experts on Ethics in Food and Agriculture.
Currently, he is the Director of the Centre for Interdisciplinary Studies on Industrial Property and Economics Law, at the University of Buenos Aires. He takes over as the Executive Director of the Secretariat of the Geneva-based South Centre from 1 July 2018. Correa recently engaged in an interview with Patralekha Chatterjee for Intellectual Property Watch. [Note: this interview is number two of two. The first was with Dr Othoman Mellouk.]
The World Intellectual Property Organization's main financial resource is from the global patent treaty it manages, allowing inventors to file international patent applications and gain protection in a large number of countries. WIPO members have been debating for some time whether universities should benefit from a fee reduction, in particular those from developing countries to encourage patent filing. A workshop held at WIPO this week pondered whether a fee reduction would lead to more patenting of inventions by universities. The answer is apparently not clear-cut.
Médecins Sans Frontières (MSF, Doctors Without Borders) filed a patent challenge at the China State Intellectual Property Office today, asking for the invalidation of a Gilead patent on a hepatitis C medicine.
Faced with a longstanding lack of progress at the World Trade Organization and the World Intellectual Property Organization on the protection of genetic resources and traditional knowledge, some developing countries are examining the possibility of moving outside the multilateral system toward a plurilateral agreement with like-minded countries. During an international conference last week, panellists pondered the prospects of such an option.
Indigenous peoples are losing their genetic resources and traditional knowledge and need to be involved in negotiations on World Trade Organization intellectual property rules and the UN Convention on Biological Diversity, representatives told a conference on the subject last week. In a podcast and video interview with Intellectual Property Watch below, the indigenous representatives explain their case.
Efforts by developing countries to prevent the misappropriation of genetic resources and traditional knowledge have thus far been fruitless at the World Trade Organization. In particular, discussion on the relationship between the rules of the Nagoya Protocol on access and benefit-sharing and the intellectual property trade rules are going nowhere. In this context, India, supported by other major developing nations, initiated a two-day conference recently in order to look at ways to unlock the situation.