Original news and analysis on international IP policy
By Tove Iren S. Gerhardsen and William New
Patents are bound to be another hot issue this year. But although many parties are pushing for changes in this area - from global patent harmonisation and proposals for better patent protection of biodiversity and traditional knowledge, to ways to control soaring patent filings, to national reform of patent laws - actual implementation of these changes may be harder to obtain.
The Intellectual Property Watch Monthly Reporter features the most important news on international IP policymaking, the latest on who is coming and going in the IP community at the United Nations, World Trade Organization, Geneva missions, regional and national IP…
By Dugie Standeford for Intellectual Property Watch
While antipiracy initiatives and updated broadcasting protections remain dominant themes for government and industry this year, 2007 also could usher in an expansion of user rights as well, according to sources. In the United States and perhaps worldwide, the focus appears to be on fair use or fair dealing, said DowLohnes intellectual property attorney James Burger. Outside the US, it is taking the form of legislation clarifying or expanding private use of copyrighted material, he said, while internally, "the personal use issue is more likely to find its challenge in the judicial system."
By Dugie Standeford for Intellectual Property Watch
Last year saw the apparent demise of two hotly contested European Union intellectual property policy proposals, the European Patent Litigation Agreement (EPLA) and consideration of a pan-European copyright levy on blank audiovisual media. This year could prove a bit quieter, although a European Commission plan to criminalise some IP infringements may prove no less controversial.
By Tove Iren S. Gerhardsen
The year 2006 was a busy one in terms of health policy developments related to intellectual property rights, and a quick look at the events ahead in 2007 shows that the coming year should be no less interesting.
By William New
As the Bush administration enters its final cycle, personnel changes are being seen at a variety of levels, including key health, copyright and telecommunications officials involved in intellectual property-related issues.
The Intellectual Property Watch Monthly Reporter features the most important news on international IP policymaking, the latest on who is coming and going in the IP community at the United Nations, World Trade Organization, Geneva missions, regional and national IP…
By William New
Addressing a mixed crowd of private-sector innovation champions and cautious keepers of traditional indigenous ways at the World Intellectual Property Organization (WIPO) last week, biotechnology industry representatives sought to overcome fears of intentional misappropriation.
By William New
Technology companies have long recognised the importance to their economic growth of patents and standards, but increasingly they are focusing on the intersection of the two in order to seek changes to the patent system, industry experts told an event at the World Intellectual Property Organization on 29 November.
The presenters were Tim Frain, director of IPR in the regulatory affairs department of Nokia Corporation, and Paul Davey, director of intellectual property at the Vodafone Group.
Both industry representatives encouraged government officials in the audience to consider legislative remedies to problems they perceive in patents interfering with standards related to technological innovation.
Davey and Frain discussed concerns that some holding licenses for technology may not be willing to recognise the need for access to standard-related patents in order to ensure the interoperability of technologies. Frain argued that the current patent regime "may no longer be sufficient," and suggested a legislative change might be necessary.
By William New
A new "non-paper" by the European Communities on the economic partnership agreement under negotiation with 15 Caribbean countries shows an elevation of intellectual property standards above global trade rules.
The new draft text prepared for the next round of negotiations and obtained by Intellectual Property Watch, appears to show the European Commission nudging the 15 nations of the Caribbean Forum of ACP States (CARIFORUM) to adopt standards that exceed the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The draft text of the intellectual property sections, available to IP-Watch Monthly Subscribers, contains suggestions for the adoption of provisions based on the European Union enforcement directive, which has been criticised by some as overly restrictive.
The text also refers to a range of treaties negotiated at the World Intellectual Property Organization (WIPO) that are not required by TRIPS, including the so-called 1996 WIPO "Internet treaties" on performers and producers, as well as copyrights on the Internet. The draft treaty also has additional provisions on copyrights, patents, trademarks and Internet domain name processes, and the extension of additional protection for geographical indications. These are product names derived from specific geographical regions.
Caribbean countries have long had special trade treatment with Europe. Negotiations to alter the relationship through an Economic Partnership Agreement were launched in 2004. The sides are working under a deadline of mid-2007 to replace the Coutonou agreement which was found to be inconsistent with WTO rules. The countries of the African, Caribbean and Pacific regions, which were collectively in an agreement with the European Union have been now separated by region.
CARIFORUM members include: Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, the Dominican Republic, Grenada, Guyana, Haiti, Jamaica, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, and Trinidad and Tobago.
William New may be reached at wnew@ip-watch.ch.