Original news and analysis on international IP policy
A global consultation on farmers’ rights recently co-organised by Indonesia and Norway provided recommendations to the international plant treaty, calling for the establishment of an ad hoc working group on farmers’ rights. They also recommended that contracting parties of the treaty revise their intellectual property laws and other legislation that may create obstacles for the realisation of farmers’ rights.
Representatives from US dairy trade associations joined the cross-industry Consortium for Common Food Names (CCFN) recently to present an economic analysis on the impact of European Union policies regarding geographical indications on the United States and its dairy industry.
When a harvested material from a protected plant variety, such as seeds, is used for further sowing and cultivating, royalties need to be paid to the breeder of this protected variety. However, according to breeders, farm-saved seeds are sometimes used as an excuse to avoid paying royalties, and clear definitions should be established internationally. Conversely, small farmer associations think that once farmers buy a protected variety, they should be able to re-use those seeds, exchange or sell them.
The International Union for the Protection of New Varieties of Plants (UPOV) organised a Seminar [pdf] on Propagating and Harvested Material in the Context of the UPOV Convention on 24 October.
At its second anniversary, the Nagoya Protocol is ushering in an international access and benefit-sharing (ABS) system that may impact the freedom to operate with genetic resources. Those who utilize genetic resources and information should understand the emerging framework and take actions to reduce the risk of patent invalidation, legal liability and reputational harm that may flow from a violation of ABS requirements, writes Bruce S. Manheim.
A new report by civil society groups defending the right to food and nutrition lays bare threats to seeds and biodiversity created by intellectual property rights, and calls for states to respect their human right obligations to protect small farmers’ right to seeds and food security.
Fresh from intense discussions at the World Intellectual Property Organization General Assemblies earlier this month, delegates to a WIPO committee today agreed to hold an information session on geographical indications in the spring, and to further work on industrial designs. However, no further discussions to help break the deadlock on a proposed design law treaty could be arranged this week.
A side event to last week’s annual General Assemblies of the World Intellectual Property Organization looked at ways for developing countries to design sui generis system for protecting new varieties of plant. The event also looked into the technical assistance provided by WIPO, which, according to the groups, focuses only on the International Union for the Protection of New Varieties of Plants (UPOV) system.
In the temple of international trade and globalisation, a group of speakers called for developing countries to protect themselves against dumping of food products from developed countries.
World Intellectual Property Organization delegates today agreed on a text compiling divergent views on how traditional knowledge should be protected in the intellectual property system to be forwarded to the next session of its committee on the protection of traditional knowledge. Some clear dividing lines remain, such as traditional knowledge which is widely known and could have been placed in the public domain, or if conditions of eligibility should be part of a potential treaty.
Members of indigenous communities this week shared their experiences in negotiating for their rights at the World Intellectual Property Organization and gave their advice on negotiations for potential treaties on genetic resources, traditional knowledge and folklore.
The UN Convention on Biological Diversity (CBD) announced early this month that five new countries ratified its protocol on access and benefit sharing of genetic resources, bringing membership to 85 countries.
A new set of draft articles of a potential treaty protecting traditional knowledge from misuse and misappropriation was issued this morning. Facilitators of the discussions worked late last night to produce a document with a number of alternative texts, reflecting points of views of member states.