Original news and analysis on international IP policy
The role of online intermediaries in copyright enforcement is on the international negotiating table in recent plurilateral trade agreements. Those negotiating with the US would be advised to examine carefully what is being offered, writes Margot Kaminski.
Legislation giving new powers to the government and copyright holders in the United States to unilaterally block payments to or take down websites deemed by US courts to be infringing intellectual property rights has been introduced into the House of Representatives. Now the policy fight begins.
Enforcement of intellectual property proved to be a point of contention among World Trade Organization members at this week’s meeting of the Council on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Meanwhile, despite debate, the Council extended the deadline for members to accept a TRIPS amendment on public health, leaving the December WTO ministerial to consider that extension plus an extension on a moratorium on so-called non-violation cases under TRIPS.
The Philippines Intellectual Property Office has issued a statement in response to criticism that an IP enforcement meeting it is hosting this week with numerous corporate representatives "does not favor big corporations."
The World Intellectual Property Organization, a United Nations agency with nearly 200 member states, is under criticism for its connection with a Western industry-heavy event this week in the Philippines aimed at fighting intellectual property counterfeiting and piracy. The concern from technology industry and consumer advocates is that WIPO is involved in an overly one-sided event and did not sufficiently notify its diverse membership or the public of its activities.
The World Trade Organization committee responsible for intellectual property rights issues is meeting this week and will address several items of potential debate, including a nearly unused 2003 provision for compulsory-licensed medicines exports to poor countries, a WTO member’s attempt to discourage smoking through unlabelled tobacco packaging, and IP enforcement raised by a small but potent group of WTO members who negotiated the Anti-Counterfeiting Trade Agreement (ACTA).
US companies are generally known to be much more litigious than non-US companies. Thus, if you are a non-US company looking to enter the US market, it is prudent to understand the nuances of responding to a cease and desist letter. While cease and desist letters can be upsetting and sometimes confusing, there are a series of steps that companies can take to be better prepared in the event that they do receive one.
On the occasion of its 50th anniversary, the International Union for the Protection of New Varieties of Plants (UPOV) is trying to dispel its image as a non-transparent organisation and is working on a new user-friendly website with public access to a number of formerly reserved documents. Meanwhile, for the first time farmers protested outside the UPOV building in Geneva, as they seek to preserve the ancient practice of saving seeds from their harvests to use the next year.
This week the International Union for the Protection of New Varieties of Plants (UPOV) is celebrating its 50th anniversary. The Union is often criticised by civil society as being opaque, but plant breeders seem reasonably content with the latest version of the convention. However, some breeders that do not rely on seeds to reproduce their plants are seeking a clarification in the convention to prevent illegal use of their protected varieties.
A global meeting entitled “Enabling Creativity in the Digital Environment: Copyright Documentation and Infrastructure” was held at the World Intellectual Property Organization 13-14 October. Gathering representatives of governments, business leaders, academics, and other stakeholders, the conference was organised in the framework of the Development Agenda Thematic Project on Intellectual Property and the Public Domain.