Original news and analysis on international IP policy
In a new report on the creative economy, the United Nations Conference on Trade and Development (UNCTAD) found that despite a slowdown in global trade since the 2008 financial crisis, the creative economy has remained robust and has exhibited significant growth. Leading this growth is China, with four times the creative goods exports as the United States in 2015.
WASHINGTON, DC – Two out of three United States intellectual property attachés based in China last week had tough words for China’s manipulation of IP policy and law over the past year, suggesting they at times “hijack” the legal process in favour of local interests, and are in a mad rush to become the world’s top patent and trademark filers regardless of quality to the point that it has become a “cancer” on the IP registration system. A third US IP attaché, however, took a friendlier and more patient view of China’s actions, downplaying concerns and urging US companies to allow it to continue.
Two recent academic papers examine whether Non-Practicing Entities (NPEs) deserve their reputation as patent trolls – but the papers reach conflicting conclusions. As discussed in the first part of this article, a paper published by Stanford’s Hoover Institution found that 26 publicly-listed NPEs invest in R&D and do little harm to America’s high tech sector. These findings, however, are less significant than they appear. Another paper, published by Harvard Business School (HBS), found that NPEs do on average behave as patent trolls. How important – and trustworthy – are the HBS findings?
After weeklong negotiations on potential treaty language defining traditional knowledge and folklore, how they would be protected, and under which conditions, World Intellectual Property Organization member states agreed on draft articles, qualified as a work in progress by the committee chair.
The European Parliamentary Committees on Health and Trade have each voted in recent weeks to adopt amendments to the proposed Special Protection Certificate (SPC) manufacturing waiver, an intellectual property exception for the EU generic and biosimilar industry. The amendments include provisions that push the waiver toward increasing EU generic and biosimilar industry competitiveness in EU markets, and improving access for EU patients to affordable medicines. The waiver and amendments still have several hurdles to go, including a vote by the Legal Affairs Committee planned for January.
This week's first revisions of draft articles of potential treaties protecting traditional knowledge, and folklore were released midweek at the World Intellectual Property Organization. Changes included new elements on a tiered approach in the protection of traditional knowledge, whether it is restricted, narrowly diffused, or widely diffused.
The ways to protect traditional knowledge and folklore against misuse and misappropriation are under discussion this week at the World Intellectual Property Organization. Member states are trying to find consensus on draft articles of a potential treaty, with a focus on core subjects, such as the scope of protection, and definition. Meanwhile, the fund which allows indigenous peoples to participate in the discussion is depleted, as calls for contributions have remained unanswered and some countries have refused in the past to allow WIPO's ample revenues to pay for them.
An agriculture committee of the European Council today adopted an agreement on labelling of spirit drinks, giving them higher protection by adding seven years to the World Trade Organization minimum intellectual property standard.
Echoing the United States' Special 301 Report on alleged inadequacy of trading partners’ protection of US intellectual property rights, the European Commission has released its first ever Counterfeit and Piracy Watch List, which exposes rogue cyberlockers, stream-ripping sites as well as peer-to-peer and BitTorrent indexing sites among the threats to the EU's legitimate intellectual property-driven businesses.
Satisfaction was shared at the World Intellectual Property Organization yesterday as its patent law committee closed early with an agreement on its future work. According to delegates taking the floor, the subject of future work answers interests of different groups. Approval of proposals on patents and health were particularly noteworthy, according to sources.
Voluntary licences are cited by some as the best way to facilitate access to medicines. Terms of the licences are important, many factors have to be taken into consideration, and the earlier the better, as explained by licencing experts at the World Intellectual Property Organization this week.
South Africa’s National Assembly this week approved redrafted versions of the Performers' Protection Amendment Bill and the Copyright Amendment Bill that includes stronger protections for copyright holders but also a fair use provision preserving some exceptions. But there is still an additional hurdle to go before it reaches the President for signature, likely in the New Year.