Original news and analysis on international IP policy
It was clear at today’s opening of a World Intellectual Property Organization committee on industrial designs that developing countries were standing firm on their request to include mandatory technical assistance and capacity building in a potential procedural treaty aimed at facilitating international registration of this form of intellectual property right.
United States Trade Representative Michael Froman today said that bilateral and regional agreements offer a way to get higher standards in areas such as intellectual property rights protection "into the bloodstream" of the global trading system, when it is not possible to do it through multilateral agreements.
A collective civil society group has raised concerns about a draft Africa Regional Intellectual Property Organization (ARIPO) plant variety protection law, which is based on the 1991 version of the International Union for the Protection of New Varieties of Plants (UPOV). The draft law, which may come up for adoption in November, would criminalise farmers' rights and undermine the seed systems in Africa, they said.
This week the International Union for the Protection of New Varieties of Plants (UPOV) is holding the annual meeting of its governing body, and preparatory meetings leading up to it. A seminar also is being held on essentially derived varieties. Meanwhile, civil society is asking that all the meeting documents be held public while demonstrating that restricted documents can be obtained through national freedom of information rights.
The Office of the United States Trade Representative (USTR) yesterday approved the US International Trade Commission’s ban on imports of certain electronics from Samsung, based in part on the fact that the patents in the case do not involve standard essential patents (SEPs). By contrast, concern over SEPs was a big reason for the recent White House decision to overturn a USITC finding that Apple had violated Samsung’s patents.
A closed-door working group under the World Health Organization will meet next week to continue working out details of a plan for companies to pay for the right to use influenza virus strains to potentially develop patented treatments.
As many as 300 members of the staff of the World Intellectual Property Organization have supported a petition urging the WIPO director general to withdraw a proposed amendment to the internal justice system at the UN agency, according to informed sources. The petition calls on WIPO member states to reject the proposed changes.
Two candidates to lead the UN World Intellectual Property Organization from 2014 to 2020 have been formally nominated by their governments in the past week. And according to sources, others are being considered.
Members of the World Intellectual Property Organization this week are attempting to advance 13-year-old negotiations on the protection of traditional cultural expressions (folklore) to a point where they can enter final high-level treaty negotiations. But some developed countries are putting up resistance to any instrument that would be legally binding, saying that it is “premature,” which could change the outcome of the negotiations.
World Intellectual Property Organization members are nearing conclusion of negotiations for an international instrument or instruments on issues critical to indigenous peoples, such as protection of traditional indigenous knowledge, practices and genetic resources. But the WIPO membership as a whole has been miserly when it comes to funding indigenous peoples’ participation in the process, and now many are in danger of being left out of the process.