Original news and analysis on international IP policy
Enforcement of intellectual property rights can be unbalanced in developing countries because local laws are crafted in a way that makes it difficult for judges to bring balance in their rulings, a former justice from South Africa told the World Intellectual Property Organization last week.
NAIROBI, Kenya -- At a market stall in Kariokor some 300 metres from Kenya’s capital Nairobi city centre, Stephen Musyoka is busy at work making covers for handwoven baskets, a traditional sisal fibre shopping basket known as Kiondo made by older women from different communities in Kenya.
On 12 September, a powerful member-state committee at the World Intellectual Property Organization will consider the nomination of a new head of copyright, and a sensitive agenda item on a highly secret UN report on whether the WIPO director general engaged in wrongdoing.
A Canadian initiative to fight online counterfeiting and piracy that enables deceived consumers to get their money back is yielding results, a Canadian official said last week. Project Chargeback means to cut the profit margin of counterfeiters on the internet, and supplement legal recourse for right holders.
A hyperlink on a website that links to copyrighted material and does not have the rights holder's consent may be allowable if for non-commercial purposes, the Court of Justice of the European Union said today. But it may infringe copyright if linked for profit and with knowledge of the lack of permission to link it, it said.
The United States Copyright Office systematically hires officials from the copyright industries it serves and oversees, while excluding experts with other views, a public interest group has charged. Image Credits: US Copyright Office
Japan's worries about how intellectual property registered in the EU by companies operating in the United Kingdom will fare after Brexit are potentially valid but depend on how the UK's exit from the EU is handled, according to a UK IP attorney following the issue. One question will be whether, and how, EU trademarks and designs can be re-registered in the UK.
In light of the growing global “innovation market” and the rapid development of technologies, countries have reviewed and modernised their judicial systems to address the increase in intellectual property issues. Notably, the establishment of specialized IP courts has been a prominent feature of judicial mechanisms to resolve IP disputes.
The enforcement of intellectual property rights - how they are enforced and by whom - is left to countries' discretion. Members of the World Intellectual Property Organization committee on enforcement shared experiences this week on how they raise awareness about IP, their IP enforcement policies and regimes, and capacity-building in relation to WIPO training activities. And at the end of the session, delegates decided to pursue those topics of discussion again in 2017.
Ed Flaherty writes: Please be advised that I represent the duly elected members of the World Intellectual Property Organisation's Staff Council. On their behalf, I must respond to the inaccuracies contained in the article entitled: "WIPO Human Resources: All Is Harmony, Secretariat Says" published on the IP-Watch website on 29 August 2016.
The HRMD report from which this article is lifted presents a whitewashed and totally unrealistic picture of the current situation at WIPO.
Adopted in May, the first Indian intellectual property policy brought some concerns that the focus on IP rights might dampen India’s willingness to use the IP flexibilities to safeguard national policy space. It was also perceived by some as giving in to pressure from the foreign pharmaceutical industry for India to strengthen patent protection. However, a high level Indian official in an interview this week said the policy caters to Indian development needs and India is aware of its pioneering role in certain sectors like access to medicines.
Rajiv Aggarwal, Joint Secretary at the Indian Department of Industrial Policy & Promotion Ministry of Commerce & Industry sat down with Intellectual Property Watch’s Catherine Saez to describe how India's IP policy came into being, to what aim, what it is expected to change in the Indian IP landscape, and how Indian is standing fast to its principle of balance.
Intellectual property rights awareness campaigns are increasingly targeting the younger population, as early as primary school, according to several country presentations at the World Intellectual Property Organization enforcement committee this week. WIPO is also developing an Education Took Kit for teachers of children aged 5 to 18. However for some countries, this education should encompass a broader view on IP than only enforcing rights.