Category Biodiversity/Genetic Resources/Biotech

WIPO Seminar Displays National Efforts To Protect TK, Folklore

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]

Interrelations Between Plant Treaty, UPOV, WIPO, Farmers’ Rights – Do They Equate?

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.

Indian Draft Pesticides Bill Contains TRIPS-Plus Data Exclusivity, Indian Pharma Says

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.

Cuba, Large Friends, Trying To Corner US Into Compliance With WTO Rum Trademark Ruling

Better relations may be on the way for Cuba and the United States, but the thaw has yet to be seen in a longstanding World Trade Organization dispute over a Cuban rum trademark. As it has done for years, the United States today casually reported that there are several pieces of legislation in the US Congress that might bring it into compliance with a longstanding WTO ruling that found it in violation of WTO rules for a 1998 measure blocking a Cuban trademark from receiving due legal process in the US, where a US-friendly firm is using it.

Patent On Conventional Plant Dismissed For Lack Of Novelty, Firm Says

The District Court of The Hague (Netherlands) ruled last week that a patent for red radish plants is invalid in the Netherlands for lack of novelty but did not rule on the fact that the particular plant was bred using essential biological processes. The case, between two Dutch companies, related to red radish sprouts on which one company held a patent.

Open Source Model In Computers Should Be Applied To Genomic Data, Paper Says

Genomic data should be made publicly available for the promotion of science as a global public good, a new paper argues. Two researchers suggest that a model inspired by the open-source computer software movement should be developed for plant breeding, animal breeding, and biomedicine.

Standstill On Industrial Design Treaty, Country Names, GIs In WIPO Committee

Hopes to gain ground in discussions toward a procedural treaty on industrial design applications were not met this week at the World Intellectual Property Organization. Meanwhile, proposals on the protection of geographical indications on the internet and on a potential international GI filing system were put on hold until the next session of the committee.

The Legal Implications Of Medicinal Marijuana As A Geographical Indication For Jamaica

Although there are ongoing negotiations to revise the Lisbon Agreement for the international recognition of GIs, there is currently no uniform reciprocal legal recognition for non-wine and spirit GIs in international jurisdictions. Jamaica’s Cannabis (hereafter marijuana), is identified by its government as one of the country’s products which is domestically GI registrable, writes Marsha Cadogan.

WIPO Members Propose Changes To Draft Legal Instrument Protecting GIs

In the run-up to the May high-level negotiating meeting to amend a World Intellectual Property Organization treaty to enhance the protection of geographical indications, member countries were invited to suggest changes to the basic negotiating text. Ten countries issued proposed changes by the 1 February deadline, some asking for full participation of WIPO members in the negotiations of the 28-member treaty.