Original news and analysis on international IP policy
This week at the World Trade Organization intellectual property committee a range of mostly developed countries requested to discuss regional innovation models, and countries presented examples of such models. The committee also addressed the issue of “non-violation” complaints and issues of biodiversity and trade, observers, and e-commerce.
The European Commission has issued its opinion on certain articles of the EU directive on biotechnological inventions, in particular the patentability of plants or animals obtained as a result of natural occurrence such as selection and crossing. The Commission found that the intention of the EU when drafting the legislation was to exclude such products from patentability.
When a harvested material from a protected plant variety, such as seeds, is used for further sowing and cultivating, royalties need to be paid to the breeder of this protected variety. However, according to breeders, farm-saved seeds are sometimes used as an excuse to avoid paying royalties, and clear definitions should be established internationally. Conversely, small farmer associations think that once farmers buy a protected variety, they should be able to re-use those seeds, exchange or sell them.
The International Union for the Protection of New Varieties of Plants (UPOV) organised a Seminar [pdf] on Propagating and Harvested Material in the Context of the UPOV Convention on 24 October.
At its second anniversary, the Nagoya Protocol is ushering in an international access and benefit-sharing (ABS) system that may impact the freedom to operate with genetic resources. Those who utilize genetic resources and information should understand the emerging framework and take actions to reduce the risk of patent invalidation, legal liability and reputational harm that may flow from a violation of ABS requirements, writes Bruce S. Manheim.
A new report by civil society groups defending the right to food and nutrition lays bare threats to seeds and biodiversity created by intellectual property rights, and calls for states to respect their human right obligations to protect small farmers’ right to seeds and food security.
A side event to last week’s annual General Assemblies of the World Intellectual Property Organization looked at ways for developing countries to design sui generis system for protecting new varieties of plant. The event also looked into the technical assistance provided by WIPO, which, according to the groups, focuses only on the International Union for the Protection of New Varieties of Plants (UPOV) system.
World Intellectual Property Organization delegates today agreed on a text compiling divergent views on how traditional knowledge should be protected in the intellectual property system to be forwarded to the next session of its committee on the protection of traditional knowledge. Some clear dividing lines remain, such as traditional knowledge which is widely known and could have been placed in the public domain, or if conditions of eligibility should be part of a potential treaty.
Members of indigenous communities this week shared their experiences in negotiating for their rights at the World Intellectual Property Organization and gave their advice on negotiations for potential treaties on genetic resources, traditional knowledge and folklore.
The UN Convention on Biological Diversity (CBD) announced early this month that five new countries ratified its protocol on access and benefit sharing of genetic resources, bringing membership to 85 countries.
The government of Switzerland has issued a defence of its national law on disclosure of origin of genetic resources in patent applications, finding fault with the interpretation of its law by the United States. The Swiss response comes on the eve of a World Intellectual Property Organization meeting on related issues.