Category Enforcement

Text Protecting Indigenous Cultural Expressions Streamlined At WIPO, But Divergence Persists

Renewed discussions on the protection of traditional cultural expressions at the World Intellectual Property Organization have produced a new draft text that provides a clearer view of the different ways in which countries see a that treaty could help against misappropriation of indigenous cultural heritage. Divergences remain on core questions such as what and who should benefit from the protection of an international treaty, in which terms, and to what extent.

Indigenous Peoples At WIPO Call For Respect Of Their Sovereign Rights, Prevention Of Cultural Genocide

A panel of indigenous peoples speaking at the United Nations World Intellectual Property Organization on a potential treaty protecting their folklore from misappropriation asked that indigenous culture be recognised as unique, and not unduly considered as belonging to the whole of mankind. The keynote speaker chastised the United States position in the committee, criticised a US recent document equating the cultural significance of Santa Claus, pizza and sand paintings, and called for the respect of indigenous peoples' sovereign rights over their cultural expressions.

USTR Issues 2017 Trade Policy Review, Listing IPR Priorities

The Office of the United States Trade Representative today released its 2017 trade policy agenda. The report includes numerous references to intellectual property rights, mainly focused on enforcement, plans for multilateral discussions on IPR and trade, and promises of an aggressive stance on geographical indications. But overall it is short on overall details about what's to come with the new administration.

Journalists Surveilled By German Intelligence Agency

The German Federal Intelligence Agency (Bundesnachrichtendienst, BND) spied on foreign journalists, according to a report of German magazine “Der Spiegel”. A document obtained by the magazine showed that the BND had taps on at least 50 phone numbers, fax numbers and email addresses of journalists from the BBC, Reuters and the New York Times.

ICANN Is Moving Toward Copyright Enforcement, Academic Says

The Internet Corporation for Assigned Names and Numbers (ICANN) is on an “ambivalent drift” into online content regulation through its contractual facilitation of a “trusted notifier” copyright enforcement program between the Motion Picture Association of America (MPAA) and the registry operators for two new generic top-level domains, University of Idaho College of Law Professor Annemarie Bridy says in a draft article for the Washington & Lee Law Review.

Will US Follow UK Lead In Case On Copyright And Interoperability?

In a case pitting copyright protection against competition, the United States Court of Appeals for the Fourth Circuit must decide whether World Programming Limited (WPL) violated SAS Institute's copyright by copying software interfaces that enable interoperability. WPL has already won the argument in the UK and in Europe's highest court. The case has drawn strong support on both sides from the tech sector and a civil liberties group.

WIPO Committee On Protection Of Folklore: Shall We Dance?

It is generally held that traditional cultural expressions reflect communities’ cultural and social background and include elements of their heritage. For indigenous and local communities, those expressions of their traditional culture are vital. Next week, World Intellectual Property Organization committee members are expected to advance on a draft treaty text to protect those expressions, and look for ways to agree on basic principles, such as what the treaty should protect, how, and who it should protect.

US Business, Government Work To Bring Down ‘Dangerous’ UN Panel Report On Access To Medicines – And Change The Debate In Geneva

Calling it flawed and narrow and seemingly threatened by its contents, the leading United States business group and US government IP specialists are working to limit the impact of a recent United Nations report that made recommendations for the decades-old problem of ensuring affordable medicines reach people when they are under patent in a way that does not threaten innovation. One step in countering the UN report? Change the discourse in Geneva and elsewhere.

TRIPS Council To Consider The Two Sides Of IP – Innovation Booster And Barrier

The role of intellectual property in innovation is expected to be considered through different lenses at the upcoming meeting of the World Trade Organization committee on intellectual property. A group of developed countries have proposed an agenda item on inclusive innovation in micro, small and medium-sized enterprises, while discussions are expected on the report of the United Nations Secretary General’s High-Level Panel on Access to Medicines, and a side event featuring High-Level Panel members has been convened by a group of developing countries. Electronic commerce, and in particular copyright issues and electronic signatures are also on the agenda next week.