Original news and analysis on international IP policy
COPENHAGEN - While intellectual property rights has been ‘the elephant in the room’ in the climate change negotiations so far, officials predict that it could become the subject of heated negotiations - even at a higher political level - during the ongoing high-level meeting in Copenhagen. On the third day of the meeting, IP issues had already appeared in a proposed negotiation text.
The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC) at the World Intellectual Property Organization began its first meeting under a newly-minted mandate yesterday, though it seems matters of procedure may again take up much of the space for discussions, according to several delegates.
Patenting of biotechnologies is a growing trend and is increasingly raising questions about legal and ethical implications and a lack of harmonisation, according to speakers at a recent World Intellectual Property Organization (WIPO) symposium.
The World Trade Organization today wrapped up its first ministerial meeting in four years with no decisions or breakthroughs (as expected) but an informal agreement to consider by March whether members can complete the longstanding round of negotiations in 2010. Meanwhile, intellectual property issues played a tangential role in ministers’ discussions, but made several notable appearances.
The United Nations food agency is working to strengthen a global food security committee following last week’s World Food Summit in Rome, but key observers deplored the lack of firm commitments at the gathering, while industry welcomed the mention of biotechnology in the summit declaration.
Aspects of a legally-binding international agreement on access and benefit-sharing under the UN Convention on Biological Diversity may harm business interests and also fail to reach its objectives of protecting and preserving biodiversity, said members of a panel of industry representatives in Geneva yesterday. Some also expressed doubt about the likelihood of the access and benefit sharing regime meeting its deadline of having full agreement by its October meeting next year in Nagoya, Japan.
For the first time in its history, a working group tasked with negotiating an international regime for access to genetic resources and the sharing of related benefits under the UN Convention on Biological Diversity (CBD) has agreed on a single negotiating text. But participants in the process say the text, while a comprehensive compilation of all divergent views on the regime, still has a way to go before becoming a consensus document.
The outgoing chair’s draft report on progress at the World Trade Organization toward establishing a mandated register for geographical indications praises recent work and sees hope for convergence on outstanding issues such as legal effects and participation, according to a copy obtained by Intellectual Property Watch. But it details key differences on the issues that remain.
The World Trade Organization General Council, the WTO’s highest-level decision-making body in Geneva, on Tuesday received the annual report for the WTO committee on intellectual property rights. In it were descriptions of the past year’s IP debates and recommendations for extensions of deadlines.
The International Union for the Protection of New Varieties of Plants (UPOV) has denied two farmers’ advocacy organisations observer status to its governing Council on grounds that they have not demonstrated expertise relevant to the intergovernmental body’s work, stirring concern that opposition groups are being denied participation. Meanwhile, the functional head of UPOV will step down this spring after a decade of leadership, with several candidates in the running for his replacement.
Access to medicine and preservation of biodiversity topped the agenda at the World Trade Organization Trade-Related Aspects of Intellectual Property Rights Council meeting this week, as a new alleged drug seizure in France, a concern over a largely-unused amendment to TRIPS intended to help developing countries gain access to medicine, and a renewed mandate on biodiversity at the World Intellectual Property Organization influenced the issues on the table.
The intellectual property community is anxiously awaiting the United States Supreme Court’s reaction next month in the closely watched Bilski v. Kappos case, a legal feud over the validity of a patent covering a method of commodities trading.
The outcome of the case could have broad implications for the patentability of business methods and software, which could potentially wallop the technology industry. It likely will have less impact in the biotechnology arena, experts said at the Biotechnology Industry Organization’s Intellectual Property Counsels Committee conference in Washington on Tuesday.