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IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

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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.

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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.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    Book: Shape Up International Reforms To Address Food Security

    Published on 11 January 2012 @ 8:43 pm

    Intellectual Property Watch

    By Catherine Saez for Intellectual Property Watch

    Current global institutional reforms of agricultural innovation systems and the commodification of crop diversity are not answering concerns regarding international equity in access to plant genetic resources, the handling of agricultural research, and the sharing of benefits arising from this research, according to a new book by Claudio Chiarolla, research fellow at the Paris-based Institut du développement durable et des relations internationales (IDDRI).

    In his book, Chiarolla looks into several institutional mechanisms, such as the International Treaty on Genetic Resources for Food and Agriculture (ITGRFA), and the Multilateral System of access and benefit sharing under the treaty, the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the Union for the Protection Of New Varieties of Plants (UPOV), and cross-examines their practical implications to propose a set of recommendations, in particular to the ITGRFA.

    Although TRIPS lets countries adjust their plant-related intellectual property legislations to domestic needs, Chiarolla said, this freedom might be hindered by free trade agreements with countries like the United States and the European Union, including obligations to provide patent protection for biotechnological inventions, and to become members of UPOV. Technical assistance to government agencies and relevant stakeholders is key, he said, but IP technical assistance should not focus so much on strengthening IP protection standards and increasing enforcement, as it might muzzle some flexibilities.

    Chiarolla advocates a full implementation of the ITGRFA’s Multilateral System and its Standard Material Transfer Agreement (SMTA), and calls for the ITGFRA to “clarify the application of relevant SMTA’s provisions and fence off the public domain status of materials in the multilateral system.” He also calls for the ITGRFA to “clarify that 1991 UPOV-type plant variety protection impedes informal exchange and sale of seeds and it reduces opportunities for on-farm breeding, variety improvement and selection by farmers.”

    One of the reasons why global institutional reforms are insufficient “and in some respects inappropriate,” Chiarolla said, is that some of those reforms fail to take into consideration the “important role of informal or farmers’ seed systems.”

    The book is published by Edward Elgar, available here.

     


    Leave a Reply

    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.

     

     
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