EU IP Policy Proposals, Initiatives Come Clear At 20th European IP Forum
PARIS – A recent gathering of IP owners, lawyers and government officials explored strategies and potential policies to fight counterfeiting and piracy.
Original news and analysis on international IP policy
PARIS – A recent gathering of IP owners, lawyers and government officials explored strategies and potential policies to fight counterfeiting and piracy.

For international trade, 2015 will be “a year of work” rather than of finalisation, as Viviane Reding put it. The comment of the former European Commission vice president and Justice Commissioner focussed on the Trade in Services Agreement (TISA), as she is now the European Parliament's rapporteur for TISA. The services agreement is still sailing under the radar compared to its bigger cousins, the US-EU bilateral Transatlantic Trade and Investment Partnership (TTIP) and the Trans-Pacific Partnership Agreement (TPP). Yet “a year of work” might well describe the 2015 agenda for the mega-regional trade negotiations too. Will any of them get to the finish line? A race is on in which the United States and European Union seem to anxiously look to China's advance while fighting rising opposition at home.

On 28 January 2015, the Brazilian Ministry of Justice launched public consultations involving two key pieces of legislation, namely: the decree that will regulate the Marco Civil da Internet or the Brazilian Civil Rights Framework for the Internet (the "Internet Legal Framework"); and the Draft Bill for the Protection of Personal Data ("Draft Bill"). A consultation period is being conducted in relation to these two laws via online platforms set up by the government.

Although there are ongoing negotiations to revise the Lisbon Agreement for the international recognition of GIs, there is currently no uniform reciprocal legal recognition for non-wine and spirit GIs in international jurisdictions. Jamaica’s Cannabis (hereafter marijuana), is identified by its government as one of the country’s products which is domestically GI registrable, writes Marsha Cadogan.

Recommendations for key reforms to laws against “groundless threats” of infringement lawsuits in patent, trademark and design rights cases won general UK government backing today. IP lawyers said the government's stance will go far toward resolving longstanding concerns.

The issue of plain packaging for tobacco products as a health measure has been smouldering at the World Trade Organization since Australia decided to implement legislation requiring plain packaging in 2012. Now, as more countries seek to enact similar legal provisions, some tobacco producing countries continue to try to stub them out, including at the WTO intellectual property committee.

In the run-up to the May high-level negotiating meeting to amend a World Intellectual Property Organization treaty to enhance the protection of geographical indications, member countries were invited to suggest changes to the basic negotiating text. Ten countries issued proposed changes by the 1 February deadline, some asking for full participation of WIPO members in the negotiations of the 28-member treaty.

Discussions at the World Trade Organization Dispute Settlement Body meeting yesterday again included the long-running dispute on a rum brand with Cuba accusing the United States of persistent non-compliance, and other WTO members – such as China and the European Union - urging the US to finally repeal its bill. The US measure was ruled inconsistent with the WTO intellectual property rules 13 years ago, and critics warn that the US recalcitrance is harming the dispute settlement system.

World Trade Organization delegates were convened this week to discuss an international register for wines and spirits in the context of the organisation’s agreement on intellectual property. The discussion, dating back nearly 20 years, has long involved different views on the register, which were reaffirmed this week, according to sources in Geneva.

A Swiss-US team of researchers is challenging the “belief that the granting of property rights is necessary in order to overcome information asymmetries and other market failures in consumer markets,” a core concept in the fight over trademark protection on the internet.

After the failure to agree on work to be done by the World Intellectual Property Organization committee on genetic resources and traditional knowledge at the last general assembly, and a barren calendar of meetings on the subject, WIPO is organising a seminar aimed at sharing regional, national and local experiences.

The next meeting of the World Trade Organization intellectual property committee is expected to include discussions on women and innovation, and concerns about legislative efforts in the United Kingdom and Ireland to introduce plan packaging for tobacco products. Prior to the meeting, informal consultations will be held on the negotiating issue of an international register for geographical indications (GIs) for wines and spirits.