Original news and analysis on international IP policy
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is on track to offer "the most advanced and detailed standards on intellectual property in a trade agreement to date" despite revisions scaling back the IP chapter after the United States dropped out, says the Washington, DC-based Center for Strategic and International Studies (CSIS).
Something that was unimaginable just a few years ago: What if Americans could not buy ordinary bologna, feta or parmesan cheese? Or worse, make them and export them under those names? The industry group in the United States representing a range of products like those today called on the US government to help them defend their products and their jobs against what they called "purposeful," "relentless" and "aggressive" efforts by Europe to promote adoption of geographical indications (products named for places and with particular characteristics) to the detriment of the US common-named goods.
The United States Customs and Border Patrol (CBP) this week said it is considering sharing more information with the intellectual property rights holders about possible counterfeit goods entering the US, in order to improve prevention. But CBP said it is still unclear whether changes in the law will be required to allow it to do this.
Kasie Brill writes: Cross-border e-commerce is growing exponentially. Consumers can purchase products from all over the world and have them delivered straight to their doors with just the click of a button. In fact, the U.S. Postal Service’s (USPS) international small parcel business increased 232% from 2013 to 2017, when it received nearly half a billion packages.
Out of those half a billion packages, USPS only had critical safety information on 36% of them. In other words, millions of packages reached American consumers with little or no security screening at all. Though most of these packages contained exactly what the customer ordered, counterfeiters have discovered that small parcels are an easy means to distribute fake and often dangerous goods.
The Strasbourg, France-based Council of Europe today adopted a recommendation containing a range of guidelines aimed at managing the effects of modern technology on the media sector and media pluralism. The recommendation sets out a comprehensive framework of guidelines for a "pluralist, transparent and participatory" media environment, online and offline.
The Council of Europe today adopted a set of recommendations containing some 60 detailed obligations and suggestions for governments to ensure internet intermediaries, such as search engines and social media, uphold human rights and fundamental freedoms online.
The United States, China and the European Union were unanimous yesterday in their rejection of international consultations for a possible legal instrument on government-led surveillance and privacy. During the 19th meeting of the 37th session of the UN Human Rights Council in Geneva, they called a possible legal instrument against uncontrolled cross-border surveillance proposed by the UN Special Rapporteur on Privacy, Joseph Cannataci, “unnecessary.” But Cannataci responded that the problems cannot be ignored.
United States Trade Representative Robert Lighthizer warned his Mexican and Canadian counterparts today (5 March) that if they don't quickly pick up the pace of the North American Free Trade Agreement (NAFTA) renegotiations, they will face "headwinds" from elections in all three countries. And if they can't progress, the US is prepared to proceed bilaterally.
The EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, ahead of her US visit announced “a tough tone” on remaining gaps in the implementation of the privacy shield, the arrangement that allows to transfers of data of EU citizens to the United States. Speaking before the EU Parliament's Committee on Civil Liberties (LIBE), Jourová said while she had heard the privacy shield was not a priority of the US administration, “it will be a priority, if we make clear that we will suspend the system if it doesn't work,” adding, “My patience is coming to an end.”
A relatively new topic of discussion at the World Trade Organization committee on intellectual property is the relationship between intellectual property and the public interest. This week, WTO delegates discussed the application and benefits of a regulatory exception to IP rights allowing earlier entry of generics to the market, known as the Bolar exception. The committee also heard about a request from least-developed countries (LDCs) to improve technology transfer measures that developed countries have the obligation to provide under WTO rules.
The World Trade Organization committee on intellectual property met this week and gave an opportunity to WTO members to discuss the value of intellectual property for micro, small and medium sized enterprises (MSMEs), and its importance for IP-intensive industries. Several members, such as the European Union on behalf of its members presented data to illustrate the importance of IP for MSMEs. Meanwhile, India and South Africa remarked that IP is only one factor to promote innovation, but are not a sufficient ingredient.
The World Trade Organization council on intellectual property rights will hold the first of its three annual meetings next week. The now-usual item on IP and innovation is joined by a discussion topic on IP and the public interest. Separately, the WTO least developed countries group has put forward a request that developed countries fully implement their technology transfer requirements under the WTO rules. The council meeting will be preceded by a high-level trilateral meeting of the WTO, World Health Organization and World Intellectual Property Organization.