Original news and analysis on international IP policy
World Intellectual Property Organization members negotiating a new version of a treaty protecting appellations of origin started fine-tuning the wording of the potential amended treaty’s articles, trying to find common language on remaining issues, such as trans-border geographical areas of origin, and the required information in applications.
Last-ditch efforts by a range of World Intellectual Property Organization members to join treaty negotiations at WIPO this week failed, as the 28 members of the treaty rejected a proposal to allow non-members. As a result, WIPO's biggest-paying member called into question the future legitimacy of the UN organisation.
Geographical indications might gain stronger international protection through the amendment of a 28-member World Intellectual Property Organization-administered treaty protecting appellations of origin. The high-level negotiating meeting taking place next week will consider pending issues in hopes of completing the landmark change. Here is your guide to the issues.
During a press briefing today the United States said they still have hope that the 28 members of a World Intellectual Property Organization-administered treaty will let the whole WIPO membership participate in next week's negotiations to amend that treaty. It said that the potential new treaty protecting appellations of origins and set to include geographical indications can impact the economies of many non-member countries.
Geographical indications can provide socio-economic benefits for developing countries, said speakers at a side event to the World Intellectual Property Organization Committee on Development and Intellectual Property (CDIP) this week.
The trade promotion authority (TPA), or fast-track, legislation proposed by three senators last week in the US Congress contains provisions that would reinforce the US position on limiting geographical indications in trade deals. At the same time, European-led industry groups held an event in Washington to highlight the advantages of GIs in trade deals.
An industry proposal calling for a harmonised procedure to simplify applications for new varieties of plants and heighten intellectual property protection stirred debate at the International Union for the Protection of New Varieties of Plants (UPOV) last month.
The concept of public domain was born out of the intellectual property system, according to some. However, what constitutes the public domain depends on national interpretations. A recent seminar organised by the World Intellectual Property Organization was an occasion for speakers from diverse horizons to present their experience in the context of traditional knowledge and genetic resources. The relevance of a disclosure requirement in patent application to prevent wrongful patents was also discussed. [Note: Article 2 of 2]
A recent seminar convened by the World Intellectual Property Organization shed light on national and regional legislations protecting traditional knowledge, folklore and genetic resources, and provided examples of misappropriation. WIPO has a committee dealing with these issues but disagreement among members on its work programme prevented the organisation from organising any meeting of the committee so far this year. [Note: Article 1 of 2]
Farmers' rights are enshrined in the international plant treaty. However, their implementation is an ongoing issue, which the plant treaty is seeking to address by looking at the interrelation that might exist with other international instruments. Separately, civil society is asserting that the World Intellectual Property Organization favours the International Union for the Protection of New Varieties of Plants (UPOV) in its technical assistance. But the WIPO Director General countered that this is decidedly not the case.
The highest court of the European Patent Office has declared that plants or seeds obtained through conventional breeding methods are patentable.
India is considering legislation on pesticides containing data exclusivity provisions that would raise the level of intellectual property protection above the minimum required by international trade agreements and could act as a precursor for pharmaceutical products in the country, a leading Indian industry representative warned this week. India is sensitive to restrictions on the use of marketing data of patented pharmaceuticals as it is seen as the world leader in generic medicines, which use such data.