Original news and analysis on international IP policy
A recent study has revisited the meaning of “public domain” in line with its usage in discussions on protection of traditional knowledge (TK). The study highlights that it provides a non-Eurocentric conception of “public domain” in order to recognise the customary laws and practices of indigenous and local communities (ILCs).
The European Parliament votes tomorrow on whether to allow negotiations with the Council to begin on controversial copyright reform legislation. The proposed updated rules have sparked intense lobbying by supporters and foes alike, including, one lawmaker said at a press briefing today, death threats.
Some 145 organisations have signed an open letter urging European Parliament to vote against the Legal Affairs (JURI) Committee mandate to negotiate on copyright reform. The European Parliament will meet on 5 July for a plenary vote on whether or not to endorse the mandate.
It seemed last week that after years of mainly fruitless discussions at the World Intellectual Property Organization committee seeking ways to protect genetic resources, progress was achieved and some agreement was within reach. However, on the last day, the United States, supported by Japan, rose against the consensus on a draft text, provoking the ire of developing countries, and general disappointment.
A World Trade Organization dispute settlement panel has ruled that Australia's law requiring tobacco products be sold in plain packages in the interest of public health does not violate the country's obligations at the global trade body. In Australia and increasingly in other countries, tobacco must be sold with no trademarks or marketing visible other than name. The landmark dispute was seen by some as at the nexus of economic and health interests for the WTO.
Almost all information today ends up in a database. It is organised and made readily accessible. While it sounds positive, for indigenous communities, it can be crucial. Databases of their knowledge, culture, and genetic resources, if misused, can undermine generations of community effort and maybe even their sustainability. A panel of indigenous peoples’ representatives presented their concerns about databases this week to governments attending a World Intellectual Property Organization meeting on genetic resources.
On the eve of this week's meeting of a World Intellectual Property Organization committee on genetic resources, an expert group met behind closed doors to discuss some of the more difficult issues. The report of the expert group to the full committee on 25 June confirmed differences but also common views and avenues to be explored, and has been carried into the week.
Normally known for sanguine views of rules to strengthen intellectual property rights globally, the United States government this week submitted a paper at the World Intellectual Property Organization putting forward private sector economic concerns about proposals to strengthen international rules for patenting of genetic resources aimed largely at helping developing countries.
The rapid rise of digital technology in the twenty-first century places new demands on intellectual property protections, while presenting new challenges. A new report suggests that a leading US agency that investigates patent infringement may need to be updated to keep up.
The struggle over how to comply with Europe's new General Data Protection Regulation dominates the agenda of the upcoming meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) in Panama. With the basic question how much data ICANN can ask its contractual partners to collect and store about its domain name customers, ICANN this week opened another hot topic to be discussed when publishing a paper on unified access to registration data. Meanwhile, trademark owners weighed in.
An expert group is meeting Sunday at the World Intellectual Property Organization, on the eve of a weeklong session of the WIPO committee on genetic resources and traditional knowledge. The expert group will address the most divisive issues in the discussions of the committee in charge of finding solutions to protect genetic resources, traditional knowledge and folklore against misuse and misappropriation.
The European Parliament, Council and European Commission on 19 June cut a deal on a new regulation on the free flow of non-personal data. The regulation, which is expected to pass the final votes in Parliament and Council without further issue, is a European answer to concerns over potential data localization obligations, which came into some demand following the Snowden revelations about intelligence services hoovering data from netizens.