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Global IP Policy in 2010:
What You Need To Know
IP-Watch Year Ahead Series

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Inside Views

Contribute your views! Submit an Inside Views idea on any relevant topic to info [at] ip-watch [dot] ch, or leave a comment within any piece such as below.

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

Phillip Articola: The Forest Group Decision Has Led to a Great Rise in Patent Marking Lawsuits

The recent Forest Group case decided by the United States Court of Appeals for the Federal Circuit (CAFC) has made it more financially viable for plaintiffs to sue for under the false marking patent statute (35 U.S.C. § 292). However, legislation currently before Congress, as well as another patent marking case to be decided by the CAFC in the near future, Pequignot v. Solo Cup, may level the playing field more towards defendants in such lawsuits.


The US-Cotton Case: The Truth Behind Brazil’s Cross-Retaliation Against US Intellectual Property

In a recent speech at the Export-Import Bank’s annual conference, US President Obama said the US Trade Representative will use its “full arsenal” to combat “practices that blatantly harm” US businesses, and that includes “enforcing existing [US] agreements.” The question is: will the US comply with its multilateral obligations under the WTO agreement in the US-Brazil cotton case, says Brazilian academic Pedro Paranaguá.


Intellectual Property Watch
22 January 2010

Biodiversity ‘EcoChic’ At UN: “Organic, Fair Trade, And Damn Sexy”

By Kaitlin Mara @ 5:50 pm

img_3154Biodiversity preservation is getting a makeover, or so hope the organisers of an “EcoChic” event at the Palais de Nations yesterday. Attendees strategised about how the fickle spirit of fashion might be harnessed to support the UN Convention on Biological Diversity’s access and benefit-sharing regime and sustainability goals, as staff carefully anchored helium-filled white lanterns above a normally staid conference chamber and participants balanced on noticeably higher heels than normally seen in UN corridors.

“The zeitgeist is changing,” said Peter Ingwersen, the founder of Denmark-based label Noir. People are suddenly doing and talking about business in such a different way that “even Al Gore turned sexy.”

EcoChic, a Hong Kong-based environmental charity, sponsored the two-day “Best Use of Nature” conference with the UN Conference on Trade and Development against the backdrop of the UN’s official ‘year of biodiversity’ campaign that began this month.

Conversations about intellectual property rights were for the most part upstaged by talk of fashion, but the challenge of ethical dressing involves by necessity many of the issues of interest to IP community.

Many of the designs paraded down the runway make use of traditional knowledge. Paqocha [corrected], an Ecuadorian-based company, makes use of long-held techniques for spinning wool of Andean Alpacas, and Royah, an Afghanistan-based company makes coats from locally-made fabrics and incorporates embroidery inspired by traditional Persian work.

img_32051

“Traditional knowledge is part of these products that are being used increasingly in the fashion world,” said Lucas Assuncao of UNCTAD. “There’s a lot of value when you say this is a traditional African texture or a traditional Latin American way of dying” a textile.

“What we tried to do” with the idea of biotrade is “support developing countries to strengthen their sectors of biodiversity-based products,” he told Intellectual Property Watch. UNCTAD, he said, was interested in adding value to biobased products, and designers want to be seen as biodiversity friendly. UNCTAD “would like to introduce some principles, said Lucas, as by and large designers are “not at all aware” of the Convention on Biological Diversity. [The 1993 CBD agreement works to conserve biological diversity, encourage its sustainable use, and ensure equitable benefit-sharing from the use of genetic resources.]

But this may be changing. Stylist and image consultant Zoë Robinson, who specialises in ethical fashion, says she tries to promote in her clients the idea that “once you’ve bought [an item of clothing], it’s your responsibility, like a puppy,” which means you pay attention to its lifespan, and whatever waste products it creates.

The key, though, is ethical fashion still “has to be in fashion rules,” that is quality, fit and colour have to be there, with ethics mixed in as a bonus, said Ingwersen, who worked for Levi’s jeans until 2001 when it no longer felt right “just to produce another pair of pants.” Noir is his attempt to “turn corporate social responsibility sexy.”

Using traditional knowledge also carries responsibilities, said Assuncao. You cannot go “to a remote village in Africa… find this great textile… and sell it in Milan for 1000 times more. You make sure that those who make this technique get compensated somehow,” he added, and as such the access and benefit-sharing regime under negotiation at the CBD is very important.

At the same time, the higher profile brought to issues of biodiversity by the fashion world will have an impact on biodiversity discussions currently ongoing at the CBD, said Maria Julia Oliva, who works for the Union for Ethical BioTrade.

“Once you’ve bought [an item of clothing], it’s your responsibility, like a puppy.” – ethical stylist Zoë Robinson

Technology transfer is another critical part of the eco fashion trade. The cotton used in Noir lines is produced in Uganda where farmers could not compete with heavily subsidised producers in the United States, and could not even afford pesticides. Rather than try to compete, let’s try to develop the most expensive cotton in the world, and “sell the story” of the cotton which Ingwersen called “organic, fair trade, and damn sexy.”

The story being sold now supports 16,000 farmers, and a local partner runs radio shows every Sunday to train people in organic farming techniques and to host debates over how to handle problems that arise in cotton growing.

Though fashion is still fashion, and that means all is not bread and roses. The vast majority of the money is still concentrated on the hands of end producers, and Noir uses fur, which has been questioned in other fora for both environmental and animal ethics reasons.

Labelling Ecoproducts

img_3158_21It is “very nice to say that you are using this textile” or biodiversity product, said Assuncao. “But how can you prove it? How can you go beyond the greenwashing stage?” Greenwashing refers to a practice of companies using the green ethic to advertise but not backing it up with truly green practice.

There is really a “certification jungle,” said Ingwersen.

Some organic labels, for instance, contain labour standards such as the avoidance of child labour, said Robinson. But consumers have no way of knowing.

In the beginning there was a lot of enthusiasm over organic labels, but there is now doubt, Ingwersen said. Governments are not requiring such labelling, and that means they are not investing in education around it. And environmental auditors are often bottom-line driven. “[You] don’t know what you’re getting into bed with these certifications bodies,” he said.

There is “not an enabling policy environment yet,” for such regulation, said Assuncao. The CBD process is a way to introduce it, however.

And, he added, marks for fair trade and biodiversity can “block participation.”

Fabric’s High Tech Future Still Outpaces Patent Law

img_3186_3Ingwersen predicted that high-tech designs would be the wave of the future. The Massachusetts Institute of Technology is, he said “breaking new boundaries on man-made fibres” which can be as sustainable as their natural counterparts. But it is unlikely that patents will be used for such innovations.

Trade secrets are far more common in the fashion world than applications for IP protection, because the business “moves too fast,” for patents to be relevant. A patent system where backlogs mean that applications may not be granted for three years (IPW, WIPO, 17 September 2009), will have a hard time in an industry where tastes change every few months.

As with all things fashionable, time is short, said Ingwersen: “We have only 2-3 years before this dies, there is a window of opportunity and if we don’t grab it now it will be gone.”

Kaitlin Mara may be reached at kmara@ip-watch.ch.

 

Comments

  1. Jae says:

    There is no valid environmental reason to shun fur. It’s natural, renewable, extremely long lasting, recyclable and beautiful.

    Keep fur real!

  2. Miles Teg says:

    An excellent and timely initiative that should be strengthened. Part of that includes not taking this issue into the same pot that invites resistance – that is the promotion of measures that lead to protection in the rich countries, and passes the costs onto developing country producers. Part of the proposal at this event was for regulation of ethical trade. This is well and good because private standards proliferate with the usual adaptation costs borne by developing country producers. It will be interesting to see if this is a case of “foreigners bearing gifts” (which requires caution) or a case of “lets work together” with the poor countries to set up genuine sustainable relationships. It is possible to take into account the differing interests of poor producers in poor countries and the universal ethical imperatives this initiative purports to espouse. Without much consultation with those affected in poor countries, it faces the risk of making the task of enviro-friends in the rich countries more difficult and subject to criticism, when all that is needed are credible processes of consultation.
    Rich country actors need to remember that even Competition Authorities in rich countries cannot probe effectively the destructive effects of major supermarkets it is going to be even more difficult to ensure that poor country producers receive fair treatment.
    Given the demand for ethical products, it goes without saying that poor producers would be happy for the niche, if they are meaningfully consulted and do not have to bear the punitive costs of compliance.

  3. This week in review … “EcoChic” event highlights TK use and benefit-sharing « Traditional Knowledge Bulletin says:

    [...] communities, News alerts, Public Awareness, Traditional knowledge, UNCTAD Leave a Comment  Biodiversity “EcoChic” at UN: “Organic, Fair Trade, and Damn Sexy” IP Watch, 22 January [...]

  4. The Eco-Contradiction « amisha says:

    [...] eventually has to come from the top down. Which it is starting to, for example the UN recently held a great conference on Ethical Fashion, and through Copenhagen governments are starting to consider the threats to our [...]


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We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.