Original news and analysis on international IP policy
New draft articles published this morning at the World Intellectual Property Organization committee on traditional knowledge show signs of progress in terms of reducing options. Meanwhile, the United States introduced a proposal for a discussion of what should be protectable and what is not intended to be protected. Delegates have to deliver their take on both documents this afternoon.
A new text suggested by facilitators in the ongoing discussions on the protection of traditional knowledge at the World Intellectual Property Organization attempts to tighten options to facilitate further discussions. They focused on the policy objectives of the potential treaty, what it should cover, and who should benefit from it - whether only indigenous peoples or states as well. Separately, Switzerland made a suggestion for a way forward with "positive" protection of TK.
Caribbean nation Antigua & Barbuda has declared that it will exercise an option granted it by a World Trade Organization dispute settlement panel to lift protection on US intellectual property rights starting in 2017 if the US does not finally change a law blocking the island nation's online gambling services or compensate it.
The European Union Council of member states today agreed on draft regulations to prevent blocking of cross-border e-commerce, but appears to retain copyright restrictions.
NAIROBI, Kenya -- A ruling this month by a Kenyan court that artists, performers and musicians cannot be compelled or forced to join a collective management organisation (CMO) to collect royalties on their behalf could spell doom for CMOs in the country, experts fear.
A seminar was organised by the World Intellectual Property Organization to provide a discussion platform on the eve of this week’s meeting on the protection of traditional knowledge, and as a way for countries to share systems of protection. Panellists presented views on possible graduated protection for different sorts of traditional knowledge.
The US Copyright Office is supposed to balance the interests of copyright owners with the interests of everyone else. However, the Office’s latest regulation, which takes effect 1 December, may be anything but fair and balanced. It could, according to critics, strip Facebook, YouTube, and other online companies of a vital statutory safe harbor, thus making these companies liable when their users post infringing material online. Online companies could face billions in infringement damages, driving them out of business.
Collective management organisations need to embrace online trading platforms, so as to increase earnings for economies and creators. That was the call made during a recent regional workshop on digital licensing and documentation in Harare, Zimbabwe for music collective management organisations (CMOs) by the member states of the African Regional Intellectual Property Organization (ARIPO).
When visual artists sell their work, they usually perceive a price for that work. If it is resold at a much higher price, some countries provide for a resale right, providing artists with resale royalties. In other countries, such a right does not exist, putting visual artists in a disadvantageous situation, particularly indigenous artists, whose work can become very valuable on the international art markets.
The World Intellectual Property Organization committee on copyright agreed on its work for its spring session, which is expected to advance work towards a treaty protecting broadcasting organisations. Discussions on limitations and exceptions to copyright for libraries, archives, education, and research will remain on the agenda. Although some delegations remarked that the agenda is already heavy, they agreed to continue work on resale right for visual artists and copyright in the digital age.
Q. Todd Dickinson is a shareholder at Polsinelli law firm, and was director of the United States Patent and Trademark Office (USPTO) under President Clinton, a former lead IP counsel for two Fortune 50 corporations, and most recently executive director of the American Intellectual Property Law Association (AIPLA). In an interview with Intellectual Property Watch on 18 November in the margins of the IP Dealmakers conference in New York, Dickinson discussed US prospects for national and international IP policy after the presidential election, changes in Geneva, reform of US IP law, and repairing relationships.
With the recent entry into force of the Marrakesh Treaty providing copyright exceptions for persons with visual impairments, a panel convened alongside last week's World Intellectual Property Organization copyright committee meeting explored ways to transform the treaty’s promises into reality.