Original news and analysis on international IP policy
A new draft emerged today, the last day of the negotiations, on renewal of the mandate of a World Intellectual Property Organization committee on protection of genetic resources and traditional knowledge.
The intellectual property committee of the World Trade Organization is meeting next week with several notable items on the agenda, including some reviving earlier negotiations. Among topics for discussion on intellectual property and innovation is a focus on inclusive innovation and micro, small and medium-sized enterprises. Also, India also submitted a series of questions for the European Union about goods in transit, echoing an earlier WTO dispute. And separately, some countries are holding a workshop on geographical indications and traditional knowledge.
This morning no breakthroughs were reported by delegates chairing informal meetings to reach consensus before the end of the annual World Intellectual Property Organization General Assembly tomorrow. Agreement still has to be reached on the most political issues, such as the budget, the mandate of the committee on genetic resources and traditional knowledge, and where the next WIPO field offices will be hosted. Also under discussion is the composition of one of WIPO’s governing bodies, challenged by the Asia and Pacific Group, which wants more seats.
Delegates rushing against time to find agreement on the next mandate of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) are considering a third draft decision, issued this morning.
In a quest to address the projected deficit of a World Intellectual Property Organization treaty protecting geographical indications, treaty members have been gathering funds to try to eliminate the deficit. Separately last week, the treaty union annual assembly approved a fee schedule and regulations applying both to the treaty and its 2015 Act.
With three days remaining at the annual World Intellectual Property Organization General Assembly, delegates are still seeking agreement on the 2018/2019 budget, the mandate of the committee on the protection of genetic resources and traditional knowledge, and an update to the international treaty on design law. A number of decisions have however been approved, as WIPO committees reported on their activities.
The World Intellectual Property Organization Program and Budget Committee is arguably the most powerful committee of the United Nations agency, and is open to a limited number of countries. This year, the countries sitting on the committee have to be renewed, and the Asia and Pacific Group is challenging the way countries are chosen, and their numbers because of under-representation of some regions.
The United States and Japan have submitted a joint proposal for the next mandate of the World Intellectual Property Organization committee on the protection of genetic resources and traditional knowledge, whose mandate must be decided this week. The new proposal comes on top of proposals from the African Group and the European Union. If there is a large consensus saying the committee should continue its work, the objectives of the committee and the way to achieve them differ widely.
World Intellectual Property Organization members this week are trying to find a compromise in order to adopt the budget for the years 2018/2019. The United States has posed conditions on approval, particularly that they would like to keep discussing a potential change in WIPO's budget allocation to prevent the treaty they pay most into from having to fund other less financially viable treaties. They also asked that the WIPO treaty protecting geographical indications eliminate its deficit, and that no high-level negotiating meeting be provisioned for without the whole WIPO membership agreeing to it.
Does the US Constitution prohibit the USPTO from striking down issued patents? That question will be decided by the US Supreme Court later this term. Should the Court rule against the USPTO, it would dramatically alter the US patent system in favor of patentees, give a big boost to patent trolls, and damage innovation in the US. The ruling also would make the US an outlier among major industrialized countries – turning it into the only such nation where patents could not be challenged in administrative proceedings.
Initially, the lawsuit was widely viewed as a waste of time. The suit asserted a strained legal argument that already had been rejected twice by federal appellate panels, in 1985 and 1992. Yet this lawsuit, Oil States Energy Services v. Greene’s Energy Group, has now reached the US Supreme Court. So later this term, the high court will decide whether the US Constitution prevents the US Patent and Trademark Office from ever striking down issued patents.
As protectionism tempts some, the International Chamber of Commerce Brazil is launching an initiative to bring new technologies to the rescue of international trade. The new digital age holds promise and is inevitable, but requires solid policymaking and improvement in such areas as education and broadband coverage to deliver on its possibilities, panellists at the World Trade Organization Public Forum said today.