Original news and analysis on international IP policy
The UN World Health Organization today announced it has established a new high-level global commission on noncommunicable diseases, to be chaired by former WHO director general candidate Sania Nishtar of Pakistan.
In a quest to address the projected deficit of a World Intellectual Property Organization treaty protecting geographical indications, treaty members have been gathering funds to try to eliminate the deficit. Separately last week, the treaty union annual assembly approved a fee schedule and regulations applying both to the treaty and its 2015 Act.
A mechanism to systematically assess trade agreements from a public health perspective, including accession agreements of the World Trade Organization and European Patent Office’s validation agreements is needed, says Ellen ´t Hoen, senior researcher at the Global Health Unit of the University Medical Centre, Groningen, The Netherlands. who publishes the Medicines Law and Policy website.
As the WIPO Annual Assemblies draw to a close this week, governments face a dramatic stand-off over the organisation’s biennial Program and Budget. Unless a series of its demands regarding the organisation’s financing and treaty-making processes are met, the United States is refusing to approve the WIPO budget – a decision Member States normally take by consensus. While sparring among governments over the budget and content of a UN organisation’s programs is not unusual, the debate at WIPO this year highlight challenges at the heart of its governance system, writes Carolyn Deere.
The United Nations World Intellectual Property Organization has upgraded its whistleblower policy, coming more into line with best practices for protecting employees from retaliation for reporting alleged misconduct in the organisation. Time will tell if the changes to the policy will prove effective.
With three days remaining at the annual World Intellectual Property Organization General Assembly, delegates are still seeking agreement on the 2018/2019 budget, the mandate of the committee on the protection of genetic resources and traditional knowledge, and an update to the international treaty on design law. A number of decisions have however been approved, as WIPO committees reported on their activities.
General assumptions saying that intellectual property protection leads to development through the promotion of innovation are not supported by academic research, a well-known professor said last week at the World Intellectual Property Organization. Only countries at a certain level of development can truly benefit from IP protection, he said.
On 18 August 2017, the Trump administration invoked Section 301 of the Trade Act of 1974 to launch an investigation into alleged Chinese violations of intellectual property rights (IPR). In response, China stated that the United States ‘disregards the rules of the WTO’ and that it will ‘take all proper measures to safeguard its legitimate rights’. Alongside investigations into steel and aluminium imports, the new Section 301 case holds the potential to escalate US–China trade tensions, write Zhiyao (Lucy) Lu and Gary Clyde Hufbauer.
The World Intellectual Property Organization Program and Budget Committee is arguably the most powerful committee of the United Nations agency, and is open to a limited number of countries. This year, the countries sitting on the committee have to be renewed, and the Asia and Pacific Group is challenging the way countries are chosen, and their numbers because of under-representation of some regions.
At the start of the World Intellectual Property Organization General Assembly this week, officers to chair the assemblies of WIPO-managed unions were elected. Following a change of rule last year, a chair was also elected to preside over the General Assembly for the next two years. In addition, a new external auditor from the United Kingdom was approved, and Nigeria and Indonesia acceded to WIPO treaties.
The United States and Japan have submitted a joint proposal for the next mandate of the World Intellectual Property Organization committee on the protection of genetic resources and traditional knowledge, whose mandate must be decided this week. The new proposal comes on top of proposals from the African Group and the European Union. If there is a large consensus saying the committee should continue its work, the objectives of the committee and the way to achieve them differ widely.
World Intellectual Property Organization members this week are trying to find a compromise in order to adopt the budget for the years 2018/2019. The United States has posed conditions on approval, particularly that they would like to keep discussing a potential change in WIPO's budget allocation to prevent the treaty they pay most into from having to fund other less financially viable treaties. They also asked that the WIPO treaty protecting geographical indications eliminate its deficit, and that no high-level negotiating meeting be provisioned for without the whole WIPO membership agreeing to it.