Original news and analysis on international IP policy
Another World Intellectual Property Organization committee opened with the prospect of achieving progress on a potential treaty text this week. The committee is trying to establish an instrument that would simplify the international registration of industrial designs.
Bordeaux - The challenges for geographical indications in the 21st century were explored at a recent conference co-organised by two organisations promoting this type of intellectual property protection. Among issues presented were the protection of geographical indications, and the value of geographical indications at the European level.
Members of the World Intellectual Property Organization Patent Cooperation Treaty (PCT) met this week to discuss possible amendments to the regulations under the treaty. Among issues discussed were possible fee reductions, the proposed formal integration of the Patent Prosecution Highway into the treaty, and the coordination of technical assistance under the treaty.
The pace to negotiate bilateral or plurilateral free trade agreements has been accelerating rapidly over the last month as the big trading blocs seem eager to position themselves in the race for market access and standards.
China, Japan and Korea in March hurried to open their first official round of negotiations (CJK), just in time to edge ahead of Japan's joining the negotiations of an enlarged Trans-Pacific Partnership Agreement (TPP) and also ahead of the official start of a Transatlantic Trade and Investment Partnership (TTIP) announced by the European Union and the United States earlier this year. Meanwhile, a concerned Association of Southeast Asian Nations (ASEAN) rushed to counter these ventures with their own competitive bid by starting detailed talks on a Regional Comprehensive Economic Partnership (RCEP) in Brunei Daressalam.
What inventions are eligible for patent protection? That question has roiled the US legal system for the last decade. But the Federal Circuit Court of Appeals (often called the nation’s patent court) was supposedly riding to the rescue. The court’s eagerly-awaited en banc decision in CLS Bank Int’l v. Alice Corp. [pdf] was widely expected to clarify the patentability of computer-related inventions, which play a vital role in the US economy. Unfortunately, instead of clarifying the law, the court’s 10 May ruling increased the confusion, casting doubt on more than 300,000 patents - including one-fifth of all patents issued last year.
Istanbul - Counterfeiters are using legitimate supply chains, and shipping companies are unknowingly allowing it and need to take steps to crack down, rights holders’ representatives said at a recent anti-counterfeiting conference. Meanwhile, Europe is undertaking a study of the benefits of IP-intensive industries, and new customs and protection measures.
Istanbul - The unsuspecting consumer must above all be protected against counterfeit products, speakers said today at meeting of private sector, intergovernmental and governmental representatives. But increasingly organised crime is dealing the products, and anti-counterfeiting forces need to be as innovative as possible to defeat it. Fortunately, the private sector is ready to step up to help cash-strapped governments, and it is taking the “respect for IP” message to … children.
Prior to 15 April, most experts had expected the United States Supreme Court to rule in Association for Molecular Pathology v. Myriad Genetics that genes cannot be patented. The oral argument on that date strengthened this consensus opinion, but also suggested that the court would issue a narrow decision which would allow many types of gene-related patents. Should this happen, the US would move significantly closer to other countries’ rules for gene patents, but the US would continue to have problems limiting patent rights in order to protect the public interest.
European Union (EU) Commissioner for Environment, Janez Potocnik, during a recent visit to Geneva, elaborated on the global challenges the world faces and on the strategic choices they impose, with a regional focus on Europe. He said the rise in human population that we will observe in the upcoming years raises questions regarding the management of natural resources. In that respect, Potocnik explained the need to rethink our current economic system and the way innovation is carried out.
Last week’s event on the “the role of innovation in creating a dynamic and competitive economy,” held at the 65th session of the United Nations Economic Commission for Europe (UNECE), gave an opportunity to a panel of experts to discuss the role of innovation in the current European economic circumstances as a tool to improve productivity and competitiveness by different means.