Original news and analysis on international IP policy
The contribution the United Nations Economic and Social Council (ECOSOC) can make to the formation of a post-2015 UN development agenda was at the centre of a thematic debate in Geneva last week. The agenda, to be developed by the General Assembly, is expected to include issues such as innovation, public health and the transfer of technology.
Prof. Owen Dean writes: Warner/Chappel Music, a music publishing company in the United States of America, claims and exerts copyright in the ubiquitous song “Happy Birthday to You”. It requires that royalty payments should be made to it each and every time this song is sung or used in public. This is a startling proposition as most people probably assume that the song is in the public domain and is free for use by all. An American documentary film maker agrees and is objecting to having to pay royalties to include the song in a film. It has consequently commenced legal proceedings before the US court seeking a declaration that the song is out of copyright and in the public domain. These court proceeding are currently attracting attention world-wide due to their somewhat bizarre nature. Meanwhile, under a bill in South Africa, celebrants of birthdays who do not obtain the necessary licence for singing “Happy Birthday” may in future bring the full wrath of the law down upon themselves through their unlawful conduct. Moreover, this situation could prevail in perpetuity.
An analysis of available information indicates that research-oriented product development partnerships (PDPs) are seen as providing a better approach to neglected diseases than most other public-private partnerships. Yet, in spite of many positive results, PDPs still have a limited impact in developing countries.
With this week’s agreement in Marrakesh, Morocco on an international treaty to ease cross-border access for the blind to copyrighted books, the UN World Intellectual Property Organization has completed its second treaty in the past 12 months - with more potentially on the way. WIPO Director General Francis Gurry sat down with Intellectual Property Watch's Catherine Saez in Morocco hours after the treaty text was agreed by WIPO members to discuss what it means.
Prof. Sean Flynn writes that the transparency in the breakthrough agreement on an international treaty for the visually impaired in Morocco is a lesson for trade negotiators who encounter difficulties after keeping trade agreement texts secret until negotiations are over, such as in the Anti-Counterfeiting Trade Agreement (ACTA) and the Trans-Pacific Partnership Agreement (TPP).
The World Health Organization is undergoing major reform including working to stabilise its fiscal future, and members are trying to set out careful terms for working with and receiving support from entities referred to as non-state actors, such as private foundations and organisations.
Lisbon, Portugal - The surveillance affair around the US Prism programme left its mark on the 2013 European Dialogue on Internet Governance (EuroDIG) in Lisbon last week. Legal experts at the sixth edition of the European version of the Internet Governance Forum pondered possible legal reactions, companies revealed as targets or (unwilling) partners of the programme tried to limit the damage, while Swedish ambassador Olaf Ehrenkrona admitted that state surveillance programs need to be reconsidered given the ease of mass surveillance in the era of a public internet space.
Leader of the newly formed Renewables Club and rated as a world leader in the green energy race, South Africa has done little to secure this advantage with intellectual property rights of its own.
This summer through September, a restructuring is taking place under the World Health Organization Health Systems and Innovation cluster that has relevance for intellectual property and innovation issues.
A Harvard University professor known for advancing global development issues hails the merits of agricultural innovation, including biotechnologies, as the unique solution to food security.
This week's World Intellectual Property Organization Marrakesh Diplomatic Conference, anticipated to deliver an international treaty allowing visually impaired people wider access to books, is also an arena where different stakeholders hope to influence the debate. Civil society calls for a practical treaty that really works on the ground, while industry insists that safeguards to protect the integrity of the international copyright laws be included in the treaty.
Displays of good intentions peppered the two first days of World Intellectual Property Organization negotiations on treaty facilitating access to books for visually impaired people. However, countries pleading for flexibility reaffirmed their previous positions. Developed countries seeking to preserve the international copyright system, and developing countries assuring that the treaty is not jeopardising this system.