Original news and analysis on international IP policy
What will 2013 bring for international intellectual property and innovation policy?
In the coming Intellectual Property Watch series for subscribers, our expert writers take a look at the top global policy issues and events in copyright, public health, legal battles, food security/biotech/biodiversity, trade, development, internet governance and more.
Depending on where one locates its advent, contemporary globalization is now more than half a century old. It might be asked whether globalization has been beneficial to Africa. One quick and easy way of addressing this often asked question is to cursorily look at the regional dynamics of over half century of globalization. And this leads to an urgent call for "homeland-Diaspora" intellectual property training, says Prof. Chidi Oguamanam.
As 2012 becomes a memory, it is fair to say that the intellectual property rights discussion shifted over the past year, with trade agreements, over-reaching in copyright and patents, and the provision of technical assistance all falling under increased pressure. At least if the most-read Intellectual Property Watch stories of the year are any indication.
For decades, the United States has pioneered the patenting of human genes, and other countries have followed this lead. But the US will soon perform an abrupt about-face, most experts predict. When the US Supreme Court hands down its decision in Association for Molecular Pathology v. Myriad Genetics, the justices appear likely to rule that human genes are not patentable subject matter. And the ruling may go even farther, holding that other forms of human DNA are not patentable.
The European Court of Human Rights in Strasbourg ruled this week that “restriction of Internet access without a strict legal framework regulating the scope of the ban and affording the guarantee of judicial review to prevent possible abuses amounts to a violation of freedom of expression.”
Washington, DC - The United States Chamber of Commerce last week held its annual roundtable with US government IP attachés stationed around the world. At the same event, it released a consultant study that rated the IP rights usage of 11 rather different countries.
The World Intellectual Property Organization is on the verge of deciding on a high-level meeting paving the way for a new treaty to facilitate access to books to visually impaired people. Meanwhile, in Africa, far from plenary discussions, the situation on the ground reveals a dire need for change.
Bulging portfolios, lucrative licensing fees, and record patent sales, the booming business of intellectual property strengthens calls from business leaders to accelerate the harmonisation of the global patent system. Participants in a recent private-sector intellectual property conference said that redundancies in international processes “creates waste” which could be better used to invest in new business.
Manila, Philippines - With the global success of the dance single Gangnam Style, the heyday of the Korean popular music or K-Pop, along with the country's other creative content, is proving to be far from over. And it’s providing a good reason for the Republic of Korea to bolster its copyright protection strategy, particularly in countries where its creative content exports are most popular and where copyright infringement is inevitable.
Alicante, Spain – The impact of counterfeit goods on the economy, public health, and the bottom line was a central theme during a private-sector symposium on trademarks here this week. For European rights owners, the border is where counterfeiters are at their weakest and therefore the best place to act. But as stronger legislation regarding infringement of intellectual property rights on goods in transit is unlikely for now, the private sector is seeking alternative ways to take on a growing business threat.
A years'-long struggle ended Tuesday when the European Parliament overwhelmingly backed the creation of a unitary EU patent and patent litigation court system. The vote followed Monday's approval by the Council of Ministers. But hard feelings over a last-minute government compromise, and continuing concerns about whether the new regime will make patenting in Europe cheaper and more accessible to smaller enterprises, continued to rankle. The European Court of Justice (ECJ), meanwhile, appears headed toward rejection of a legal challenge by Italy and Spain, who have refused to join the unitary patent system.
Manila, Philippines – Another destructive typhoon was battering southern Philippines last week, but this did not stop the majority of the delegates coming from the provinces near the affected areas from flying to the capital to attend what organisers touted as a trailblazing programme that has the potential to raise awareness of sophisticated intellectual property tools and policies at the grassroots level in developing countries.