Original news and analysis on international IP policy
The Harare Protocol on Patents, Industrial Designs and Utility Models has been amended. The amendments were adopted by the 40th Session of the African Regional Intellectual Property Organization (ARIPO) Administrative Council, and came into operational effect from 1 January 2017.
Hundreds of thousands of people visited articles on Intellectual Property Watch last year, and we published nearly 1,000 original articles. The year’s most-visited articles reflected a mix of new ideas and policies worldwide and some recurring issues, with especially heavy attention on stories involving India.
A new report by two civil society groups explores what they say are discrepancies between European Union and provider country laws implementing the Nagoya Protocol on genetic resources, which they say could lead to legal uncertainties for users and providers.
A new study by the United Nations Conference on Trade and Development (UNCTAD) finds that geographical indications could open the way to lucrative export markets for least-developed countries. The study calls for UN agencies to support those countries in their effort to develop GIs and diversify their exports, but warns about the need for capacity building and financial help, and raises biodiversity concerns of GI intensification.
What would be the credibility of the World Intellectual Property Organization committee negotiating a system of protection for traditional knowledge held by indigenous peoples, if none of their representatives could participate in the meetings? That has been a recurring question asked by indigenous peoples and the organisation over the years. But now, if no voluntary contributions are made by governments or others, the next committee meeting could very well be first in 16 years held without a single observer from an indigenous community.
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World Intellectual Property Organization delegates last week agreed on a revised set of draft articles to be further discussed at the next session of the committee working on a potential treaty to protect traditional knowledge. Views differed on the achievements of the week. For the proponents of a binding treaty, the text reflects a better understanding of issues, and some reduction in differences. However, for some developed countries not in favour of a treaty, gaps are still wide open and much work remains.
What do popcorn, chewing-gum, football, syringes, and chocolate have in common? According to a United States paper tabled at the World Intellectual Property Organization, they are all rooted in traditional knowledge. While most efforts are geared this week towards trying to find consensual language on a treaty protecting traditional knowledge, the US said a discussion on what is protectable and what is not would be instructive. Some other delegations resubmitted proposals introducing alternative means of protection than a binding instrument.
New draft articles published this morning at the World Intellectual Property Organization committee on traditional knowledge show signs of progress in terms of reducing options. Meanwhile, the United States introduced a proposal for a discussion of what should be protectable and what is not intended to be protected. Delegates have to deliver their take on both documents this afternoon.
A new text suggested by facilitators in the ongoing discussions on the protection of traditional knowledge at the World Intellectual Property Organization attempts to tighten options to facilitate further discussions. They focused on the policy objectives of the potential treaty, what it should cover, and who should benefit from it - whether only indigenous peoples or states as well. Separately, Switzerland made a suggestion for a way forward with "positive" protection of TK.
A seminar was organised by the World Intellectual Property Organization to provide a discussion platform on the eve of this week’s meeting on the protection of traditional knowledge, and as a way for countries to share systems of protection. Panellists presented views on possible graduated protection for different sorts of traditional knowledge.
When countries belong to several international instruments, some aspects of those instruments may run contradictory to one another. A symposium held recently by the International Convention for the Protection of New Varieties of Plants (UPOV) sought to explore the interrelations between the convention and the international treaty on plant genetic resources for food and agriculture. Farmers' rights lie at the intersection of the two treaties and while some find the treaties complementary, some others view them as contradictory on farmers' rights. Meanwhile, farmers themselves have been blocked from participating in deliberations.