Original news and analysis on international IP policy
The United States may have hoped for a different result last week when it alienated allies at the World Intellectual Property Organization by issuing a rash criticism of Switzerland’s policy on patents and genetic resources and threatened to follow with more.
Indigenous peoples have been the victims of repeated acts of biopiracy while the international community has failed to act to prevent it, indigenous representatives said in an interview this week. The World Intellectual Property Organization has been discussing ways to address that issue for some 16 years, without success. As negotiators continue to seek consensus on what a potential treaty could achieve, indigenous peoples feel the spotlight has drifted from their issues to technical issues of the intellectual property system and highlighted attention on users of the system.
With discussions in full swing at the World Intellectual Property Organization on how to protect genetic resources in intellectual property rights, and in particular whether the disclosure of the source of genetic resources should be mandatory in patent applications, the United States has tabled a document hypothetically applying the mandatory disclosure legislation of Switzerland to a US patent.
A revised version of what is hoped by a large number of World Intellectual Property Organization members to become a treaty protecting genetic resources from misappropriation was issued today.
Last week, the World Intellectual Property Organization held a seminar on intellectual property and genetic resources. For over a decade, WIPO members have been discussing ways to protect genetic resources and associated traditional knowledge from misappropriation. The seminar allowed speakers from different regions and interests to offer their views on the topic.
The protection of genetic resources from misappropriation through patents, for example without the consent of the resource owners, and in particular indigenous communities, or benefit-sharing when commercial benefits arise from the use of those resources is being discussed this week at the World Intellectual Property Organization. Two divergent broad perspectives on how to achieve such protection are hoped to come closer on core issues.
The World Intellectual Property Organization, a United Nations agency, today gave the UN in New York an update of ongoing negotiations for the protection of indigenous knowledge and genetic resources.
A planned symposium to identify potential interrelations between the International Union for the Protection of New Varieties of Plants (UPOV), and the United Nations International Plant Treaty is raising concerns from civil society about farmers’ rights.
Chidi Oguamanam writes: The global South is full of significant, diverse biological and genetic resources. It’s also home to most of the world’s indigenous communities. This is why developing countries are sensitive about protecting their genetic resources and traditional knowledge.
Indigenous communities enjoy a close relationship with nature. Genetic resources are central to producing their traditional knowledge. This drives innovations in agriculture, medicines and conservation. But global intellectual property frameworks – the legal mechanisms for securing knowledge ownership – still haven’t taken this reality into account.
KAMPALA -- The Republic of Uganda is in the process of signing the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore, and the Arusha Protocol for the Protection of New Varieties of Plants.
A research group announced in March that it has designed the first minimal synthetic bacterial cell. Rapid advances in science seem to be leaving the international normative process lagging behind. Current international instruments are seeking to understand how this new technology will impact their regulatory efforts, while civil society raises high concerns.
Ever heard of Törkölypálinka? It is a Hungarian grape marc spirit and one of approximately 200 geographical origins listed by the European Commission negotiators of the Transatlantic Trade and Investment Partnership (TTIP). In their newly published proposals, the EU negotiators laid out their ideas on GI protection in the deal, and point to an earlier EU-US agreement with regard to GI protection of wines and spirits. But they also acknowledge the need for considerable bridging between the two systems. GI protection is expected to be one of the highly controversial issues in the “end game” of TTIP.