Original news and analysis on international IP policy
Another debate occurred today at the World Trade Organization between the United States and China over new US measures against China's alleged failure to fairly protect US intellectual property rights under domestic and international rules.
The World Trade Organization is heating up as the global venue for nations to air concerns about others' increasing action to protect markets and restrict trade, including as it relates to intellectual property rights protection. Today, a committee saw WTO members questioning each others' practices, including the new actions by the United States to investigate China for failure to protect US IP rights and unfairly disadvantaging foreign companies in China. And a new WTO case filed by the United States comes as the US had been critical of the multilateral trade body, but comments made by the US delegation today show its determination to more broadly improve WTO dispute resolution.
It has been considered for years that China has not been as strong as developed country trading partners in protecting intellectual property rights. Now, as China gains ground in building its own patent war chest, it has received a World Trade Organization challenge from the top patent-filing nation in the world, arguing that China's treatment of foreign companies' IP rights is unfavourable and its policies violate international trade rules.
After a difficult start to the week, World Intellectual Property Organization delegates on 23 March agreed on a revision of a set of articles of a potential treaty preventing the misappropriation of genetic resources through IP protection. The revised text will serve as a basis for further discussions at the next session of the WIPO committee dealing with the protection of genetic resources, in June. [Update: list of decisions now posted]
After the first suggested revision of potential treaty articles preventing the misappropriation of genetic resources was sent back to the drawing board this week, the second revision emerged today, for consideration by the World Intellectual Property Organization member states. Separately, a proposal by the committee chair to establish an expert group to meet prior to the next session of the committee meeting was positively received.
The World Intellectual Property Organization has chosen a new head of the Global Challenges Division, as well as a new acting director of the Copyright Infrastructure Division.
A proposed revision of articles that could become a World Intellectual Property Organization instrument protecting against the misappropriation of genetic resources met with strong resistance from some developing countries, asking that the committee revert to the previous version of the text. Their concern is what they see as new issues and concepts introduced this week, mainly by the United States. The committee chair decided to start a new process.
If the United States remains the champion of international patent applications at the World Intellectual Property Organization, China is now on its heels, and knocked Japan off the second place in 2017, according to numbers provided by WIPO. Southeast Asia is now a strong source of international applications, while developing countries still stand as a poor relation of the intellectual property system, though some of them are progressing steadily.
Online firms don’t do enough to combat copyright infringement. That, at least, is what US copyright owners have been saying for years. They recently received some good news from the US Fourth Circuit Court of Appeals. The decision in BMG Rights Management v. Cox Communications puts new teeth in the legal requirements for internet service providers (ISPs) to act against infringing customers. The ruling, however, is worrying ISPs and many legal experts, because it empowers copyright trolls, increases costs for ISPs, and puts many of their customers in an untenable situation.
Delegates at the World Intellectual Property Organization this week started discussing core articles of what could potentially become a treaty preventing the misappropriation and the granting of intellectual property rights on genetic resources. Facilitators named by the chair of the WIPO committee addressing this issue produced a new tentative draft version of the objectives of such treaty.
The UN-led World Summit on the Information Society Forum (WSIS) 2018 opened its doors this week, with over 2,500 participants. This year, the focus is on sustainable development. International Telecommunication Union (ITU) Secretary General Houlin Zhao underlined the importance of reducing the digital divide in a press briefing this morning.
A group of countries submitted a new proposal for the World Intellectual Property Organization committee on trademarks and geographical indications, set to meet next month, to protect country names and geographical names. The proponents suggest that this proposal, if adopted by the WIPO General Assembly, could influence the Internet Corporation for Assigned Names and Numbers' second round of registration for new generic top-level domain names.