Original news and analysis on international IP policy
An industry proposal calling for a harmonised procedure to simplify applications for new varieties of plants and heighten intellectual property protection stirred debate at the International Union for the Protection of New Varieties of Plants (UPOV) last month.
The concept of public domain was born out of the intellectual property system, according to some. However, what constitutes the public domain depends on national interpretations. A recent seminar organised by the World Intellectual Property Organization was an occasion for speakers from diverse horizons to present their experience in the context of traditional knowledge and genetic resources. The relevance of a disclosure requirement in patent application to prevent wrongful patents was also discussed. [Note: Article 2 of 2]
A recent seminar convened by the World Intellectual Property Organization shed light on national and regional legislations protecting traditional knowledge, folklore and genetic resources, and provided examples of misappropriation. WIPO has a committee dealing with these issues but disagreement among members on its work programme prevented the organisation from organising any meeting of the committee so far this year. [Note: Article 1 of 2]
Farmers' rights are enshrined in the international plant treaty. However, their implementation is an ongoing issue, which the plant treaty is seeking to address by looking at the interrelation that might exist with other international instruments. Separately, civil society is asserting that the World Intellectual Property Organization favours the International Union for the Protection of New Varieties of Plants (UPOV) in its technical assistance. But the WIPO Director General countered that this is decidedly not the case.
Hopes to gain ground in discussions toward a procedural treaty on industrial design applications were not met this week at the World Intellectual Property Organization. Meanwhile, proposals on the protection of geographical indications on the internet and on a potential international GI filing system were put on hold until the next session of the committee.
World Intellectual Property Organization member governments are meeting this week to try to advance a proposal to convene a high-level negotiation for a procedural treaty on industrial designs. They also are discussing how geographical indications should be addressed in the committee on trademarks, industrial designs and geographical indications.
Although there are ongoing negotiations to revise the Lisbon Agreement for the international recognition of GIs, there is currently no uniform reciprocal legal recognition for non-wine and spirit GIs in international jurisdictions. Jamaica’s Cannabis (hereafter marijuana), is identified by its government as one of the country’s products which is domestically GI registrable, writes Marsha Cadogan.
In the run-up to the May high-level negotiating meeting to amend a World Intellectual Property Organization treaty to enhance the protection of geographical indications, member countries were invited to suggest changes to the basic negotiating text. Ten countries issued proposed changes by the 1 February deadline, some asking for full participation of WIPO members in the negotiations of the 28-member treaty.
World Trade Organization delegates were convened this week to discuss an international register for wines and spirits in the context of the organisation’s agreement on intellectual property. The discussion, dating back nearly 20 years, has long involved different views on the register, which were reaffirmed this week, according to sources in Geneva.
After the failure to agree on work to be done by the World Intellectual Property Organization committee on genetic resources and traditional knowledge at the last general assembly, and a barren calendar of meetings on the subject, WIPO is organising a seminar aimed at sharing regional, national and local experiences.
Intellectual property-related developments expected this year could profoundly impact the fields of biotechnology and biodiversity. In addition, ongoing issues relating to plant variety protection and public health are expected to be at the forefront of discussions this year. The following is a look at many of the top issues to come.
The top bipartisan members of the United States Senate and House of Representatives responsible for trade, legal and intellectual property issues today sent a strongly worded letter to World Intellectual Property Organization Director General Francis Gurry demanding that all WIPO members be permitted to fully participate in an upcoming treaty negotiation and raising concern about the trade and economic impact of currently proposed text. The treaty negotiation among a small group of WIPO members is expected to raise the level of protection of geographical indications, which are a key dividing point between Europe and the United States.