Original news and analysis on international IP policy
Korean Intellectual Property Office (KIPO) Acting Commissioner Kim Tae Man is attending the annual World Intellectual Property Organization General Assembly this week. In that context, he sat down with Intellectual Property Watch, and in a mutually prepared Q&A, he described some of KIPO’s policies and future plans, collaboration with WIPO, international partnerships, and regional efforts toward global harmonisation.
The yearly World Intellectual Property Organization General Assemblies opened today. WIPO Director General Francis Gurry in his opening report to the member states underlined the rising demand for intellectual property protection, which continues to offer a healthy financial situation for the fee-financed organisation, but called on delegates to look into the future and start discussing questions linked to the use of new technologies, such as artificial intelligence.
World Intellectual Property Organization members gather next week for their annual General Assemblies. Among the topics to be discussed is which countries will host new WIPO external offices in 2018-2019. Also on the agenda are the reports from various WIPO committees, with some raising the prospect of convening high-level final negotiations on international treaties next year. A number of side events and exhibitions are also scheduled, focusing on issues like health, women, and innovation.
Marcela Fogaça Vieira and Pedro Villardi write: The Brazilian Supreme Court (STF) has mysteriously cancelled the judgment of the most important case regarding intellectual property and health ever to be decided by the court. On 28 June, the date of the judgment was set for 6 September. The cancellation occurred on the eve of the judgment, something very rare in the practice of the Court. The lack of decision on the case only benefits the transnational companies awarded with hundreds of undue monopolies. Just a few days before, the President of the STF - Judge Carmem Lucia - had a meeting with Interfarma, the association of multinational pharmaceutical companies in Brazil.
Prof. Joseph Henry Vogel writes: Is information something or is it about something? That is essentially the question before the Fourteenth Conference of the Parties (COP) to the 1993 United Nations Convention on Biological Diversity (CBD), which meets from 19-27 November 2018. And it is a “$64 billion question”. The answer could determine the modality for “access to genetic resources” and “the fair and equitable sharing of benefits” (ABS), which is the third objective of the CBD. If the information conveyed in life is something, then the obligation of benefits could be orders of magnitude greater than if that same information is only about something. Re-phrasing the question: Are Users of genetic resources accessing information? Or are they accessing matter, the properties about which are diffused over organisms and jurisdictions? Information-as-the-answer leads to an economic rationale for tens of billions of dollars in payments per year. Properties-as-the-answer justifies the “peanuts” currently being paid.
The World Intellectual Property Organization committee charged to find effective ways to protect traditional knowledge and folklore closed a weeklong meeting in consensus on several items, among which are two revised texts to be discussed further at the next session.
The protection of traditional knowledge and traditional cultural expressions (folklore) has been escaping consensus at the World Intellectual Property Organization for many years. One of the reasons for this lack of agreement is the particular nature of traditional knowledge and folklore. Some years ago, a new concept, calling for a different protection according to the degree of diffusion of this knowledge, gained support. A new paper looks into the benefits of this approach and its implementation in local contexts.
The protection of traditional knowledge and folklore against misappropriation is a topic that has been occupying World Intellectual Property Organization delegates for close to two decades. This week a new draft document, presenting a proposed revision of a set of draft articles of potential treaties, was released by a drafting team. As some countries are keen on preserving their original language and ideas, the committee chair called for delegates to move on with their work, and lift themselves above how the patent and copyright system works.
NEW YORK – Negotiators for a United Nations declaration on tuberculosis, meeting intensively in New York this week, may have reached agreement today on a key sticking point related to intellectual property, innovation and access to new medicines, according to sources. An agreement, if accepted by other delegations, could allow the text to proceed to the high-profile High-Level Meeting scheduled to take place at the UN General Assembly next month.
The International Centre for Trade and Sustainable Development (ICTSD) has released a new report calling for a redesign of global copyright norms to preserve the public interest in the face of emerging technologies.