Original news and analysis on international IP policy
WASHINGTON, DC - The US Patent and Trademark Office (USPTO) is charging full-steam ahead in implementing the American Invents Act (AIA), but some are warning that the trademark first-to-file provision and other elements may do more harm than good to the patent system.
In what was termed a “marathon” session at the outset, World Intellectual Property Organization members took up a large number of copyright-related topics over the past two weeks with varying results. By the late-night end, an audiovisual treaty was on track, exceptions for libraries and a draft broadcasters’ treaty had new life, IP enforcement was going strong, but a draft treaty for print-disabled readers was unravelled.
Members of the World Intellectual Property Organization have agreed to hold highest level negotiations on a treaty to protect audiovisual performers’ rights in the summer of 2012 in Beijing, China.
Officials from around the world have gathered for the next two weeks at the World Intellectual Property Organization in hopes of resolving the fate of several longstanding copyright policies under debate. The hope of many is that by the end of the copyright committee meeting starting yesterday, WIPO members will be on track to treaties or instruments on audiovisual performances, limitations and exceptions for print-disabled readers and for libraries and archives, and on broadcasters’ rights. And serious negotiations have already begun.
A patent for a conventionally bred form of the common household vegetable broccoli appears to be on its way to acceptance by the European Patent Office following a change to the patent by the company filing it, according to sources. The decision not to revoke the patent, which has been the subject of protests and now calls for action in national courts, could clear the way for hundreds of other vegetable patents to follow, a source said.
The World Intellectual Property Organization, a United Nations agency with nearly 200 member states, is under criticism for its connection with a Western industry-heavy event this week in the Philippines aimed at fighting intellectual property counterfeiting and piracy. The concern from technology industry and consumer advocates is that WIPO is involved in an overly one-sided event and did not sufficiently notify its diverse membership or the public of its activities.
The World Trade Organization committee responsible for intellectual property rights issues is meeting this week and will address several items of potential debate, including a nearly unused 2003 provision for compulsory-licensed medicines exports to poor countries, a WTO member’s attempt to discourage smoking through unlabelled tobacco packaging, and IP enforcement raised by a small but potent group of WTO members who negotiated the Anti-Counterfeiting Trade Agreement (ACTA).
The World Intellectual Property Organization, in conjunction with the World Health Organization, private sector and foundation partners, is preparing to launch a new voluntary database for the sharing of intellectual property for research and development on medicines, vaccines and diagnostics for neglected diseases, according to sources in Geneva.
The European Union high court today outlawed the patenting of human embryo stem cells for scientific research or commercial purposes. The decision has forced European courts to examine the “ethical boundaries of patenting,” said Greenpeace, which challenged a German patent in the case. While there are alternate methods for obtaining stem cells, the ruling will nevertheless affect some research, one patent lawyer said.
Key European stakeholders have approved a "ground-breaking" set of principles for digitising and making publicly available out-of-print books and journals. The accord could serve as a template for dealing with the vexing problem of orphan works, those for whom the copyright owner cannot be found, according to International Federation of Reproduction Rights Organisations CEO Olav Stokkmo.