Original news and analysis on international IP policy
The Nagoya Protocol, adopted under the Convention on Biological Diversity, provides a set of rules to prevent misappropriation of genetic resources. As such, it crosses paths with the international intellectual property system. This interface is the subject of a handbook to be published by the United Nations Conference on Trade and Development.
The interactions between intellectual property and international rules of global access and benefit sharing were explored recently as an expert group meeting was convened by the United Nations Conference on Trade and Development (UNCTAD) to explore several areas where those interactions occur.
The main goal has been achieved for World Intellectual Property Organization delegates who started last week with the task of improving a document to become an international instrument protecting traditional knowledge. Consensus has not been met on core issues, but a cleaner text has emerged, reflecting a clearer understanding of positions, sources said.
A producers' group lobbying in favour of geographical indications has issued a preliminary list of candidate GIs in the United States. The list, released just prior to a World Intellectual Property Organization negotiation on a possible instrument on GIs, takes a particular look at American wines.
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.
Gene banks holding plant genetic material worldwide play a crucial role for future agricultural practices and research and development in the field, especially as people rediscover the importance of their dependence on the land due to the financial situation. The present financial crisis may generate opportunities and losses. This can be illustrated by the Gene Bank of Greece, an institution traditionally rich in genetic material and of global interest.
Ahmed Abdel Latif says of the Novartis case: The ruling is also a revealing tale about the changing role of developing countries in the global intellectual property landscape and the growing influence of the judiciary in these countries in the implementation of international intellectual property rules.
US President Barack Obama yesterday released his proposed budget for fiscal year 2014, and according to reports it would give the US Patent and Trademark Office (USPTO) control over its revenues, and would be mixed for the biopharmaceutical industry while taking several steps to boost generic medicines.
A full room of country delegates and ambassadors gathered yesterday to celebrate the accession of India to the Madrid Protocol for the International Registration of Marks at the World Intellectual Property Organization. However, beyond the joy of accession, the recent decision of the Indian Supreme Court on a Novartis drug patent loomed in the room.
A draft protocol for the protection of new varieties of plants proposed by an inter-governmental African regional economic community is provoking the ire of civil society concerned about the potential impact of the protocol on small farmers, and the lack of consultation of farmers.
Following the Indian Supreme Court decision in Novartis AG v. Union of India, Prof. Frederick Abbott says, "the judgment is well-crafted, with close attention to the facts presented, and appears to take a balanced view of the matters brought before the Court."