Original news and analysis on international IP policy
The United Nations World Intellectual Property Organization has released statistics on its workforce showing that 118 countries are represented in WIPO staff, some 50 percent of which benefit from permanent contracts, while the organisation has become a strong magnet for job applicants, over 12,000 in 2017.
The World Intellectual Property Organization committee charged to find effective ways to protect traditional knowledge and folklore closed a weeklong meeting in consensus on several items, among which are two revised texts to be discussed further at the next session.
The protection of traditional knowledge and traditional cultural expressions (folklore) has been escaping consensus at the World Intellectual Property Organization for many years. One of the reasons for this lack of agreement is the particular nature of traditional knowledge and folklore. Some years ago, a new concept, calling for a different protection according to the degree of diffusion of this knowledge, gained support. A new paper looks into the benefits of this approach and its implementation in local contexts.
The protection of traditional knowledge and folklore against misappropriation is a topic that has been occupying World Intellectual Property Organization delegates for close to two decades. This week a new draft document, presenting a proposed revision of a set of draft articles of potential treaties, was released by a drafting team. As some countries are keen on preserving their original language and ideas, the committee chair called for delegates to move on with their work, and lift themselves above how the patent and copyright system works.
Mexico and the United States have reached a preliminary agreement to raise standards of enforcement of intellectual property rights, according to the Office of the US Trade Representative (USTR). Among the terms, the agreement appears to toughen requirements for internet service providers in protecting against copyright theft and extend copyright terms, and might make it harder for Mexico to agree elsewhere to strengthen its protection of geographical indications.
The World Intellectual Property Organization’s committee seeking to find solutions against misappropriation of traditional knowledge opened this morning. While delegates are expected to negotiate wording of a potential treaty, the fund allowing indigenous peoples to participate in the discussions is empty with no foreseeable new donors, described by the chair as a historical situation. The committee is also trying to agree on recommendations for the upcoming WIPO General Assembly next month. On core issues, such as what the protection should cover, who would benefit from it, and under which conditions, delegates still have to find common positions.
The Dominican Republic has followed Honduras in appealing a decision by a World Trade Organization dispute settlement panel that found Australia's tobacco plain packaging law to be allowable under WTO rules. Cuba and Indonesia also had cases against Australia but so far have not appealed.
The United States Patent and Trademark Office (USPTO) is seeking comments on its draft strategic plan for the years 2018-2022. The draft plan covers a range of goals, including optimizing patent and trademark quality and timeliness, and providing "domestic and global leadership to improve intellectual property policy, enforcement, and protection worldwide."
In an appeal of a recent World Trade Organization dispute panel ruling, Honduras detailed a list of alternate interpretations of the decision to uphold Australia’s tobacco plain packaging measures. Honduras called on the WTO Appellate Body to “reverse the Panel’s findings and conclusions,” claiming that the ruling was “not the result of an objective assessment of the matter.”
The UN Convention on Biological Diversity advisory bodies met last month to consider issues in preparation of the high-level Conference of the Parties later this year in Egypt. Among the topics were how to deal with genetic resources DNA information under the CBD protocol on access and benefit-sharing (Nagoya Protocol). Another was concerns met by countries implementing the protocol, in particular developing countries, and the need for capacity building.