Original news and analysis on international IP policy
World Intellectual Property Organization delegates sitting on the copyright committee had to declare defeat late into the night yesterday as they could not agree on the conclusions of the meeting or its future work. The efforts by developing countries to craft a treaty providing copyright exceptions for libraries and archives met with stonewalled resistance by some developed countries, in particular the European Union.
The first half of this week’s World Intellectual Property Organization copyright committee meeting was devoted to a potential treaty to protect broadcasters’ rights. Delegations struggled to find common ground on core questions such as the scope of the protection to be granted and specific rights. This was partly attributed to the highly technical nature of the subject and informal consultations were said to have achieved more clarity on issues.
The United States Supreme Court heard oral arguments yesterday in a contentious copyright suit that could affect the continued viability of broadcast television, cable TV, and cloud-storage services like DropBox, Box and Apple’s iCloud. And it is far from clear how the court will rule in American Broadcasting Companies v. Aereo, Inc.
The Max Planck Institute for Innovation and Competition has launched a Declaration on Patent Protection with the aim to “clarify some of the regulatory options states still retain under international law, in particular the TRIPS Agreement,” which turns 20 years old this year.
This week, Jamaica tabled a proposal at the World Intellectual Property Organization for a non-binding instrument that would provide a guideline on the protection of country names against misleading trademarks for intellectual property offices and trademark practitioners. The proposal was received with interest by some member states while others, like the United States and South Africa, raised strong concerns.
The World Intellectual Property Organization committee on trademarks will address three main issues next week. Among them, delegates will look to advance a draft treaty facilitating the international registration of industrial designs, and try to agree on how to address technical assistance in that draft treaty. In addition, the United States has a proposal to invite into the committee discussions on a proposed revision of the Lisbon Agreement on the Protection of Appellations of Origins, and Jamaica is pursuing its effort at a stronger international soft law for the protection of country names against use as trademarks.
After two-and-a-half days of non-stop information sharing on ways to build respect for intellectual property and enforce IP rights, members of the World Intellectual Property Organization could not agree on the future agenda of the committee on enforcement.
World Trade Organization members at the WTO intellectual property committee this week held fast to positions on longstanding issues, but engaged in discussions on issues such as innovation in relation to universities, and so-called “non-violation complaints” against countries that may cause harm to another country but don’t violate a WTO rule. Also discussed was the ongoing dispute over plain packaging requirements for tobacco products.
Efforts to update European Union trademark law have slowed amid political differences and squabbles over some provisions of the reform package, representatives from the European Commission (EC), European Parliament and trademark community say. Contrary to the wishes of the EC and lawmakers, the legislation will not be completed before European parliamentary elections in May.
Technology transfer for green technologies, and the compliance with international trade rules of plain packaging for tobacco products will once again be on the agenda of the World Trade Organization committee on intellectual property next week. A new agenda item on university technology partnerships is also expected to be discussed.