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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.

Analysis: Monkey In The Middle Of Selfie Copyright Dispute

The recent case of a monkey selfie that went viral on the web raised thorny issues of ownership between a (human) photographer and Wikimedia. Two attorneys from Morrison & Foerster sort out the relevant copyright law.


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    UN: Governments To Double Biodiversity Funding, Push Access/Benefit-Sharing

    Published on 22 October 2012 @ 6:03 pm

    Intellectual Property Watch

    At last week’s high-level meeting of the UN Convention on Biological Diversity (CBD) governments agreed to double financial flows toward biodiversity by 2015, the CBD has announced. They also came up with strategy to move forward on access and benefit-sharing of biodiversity.

    The announcement came at the conclusion of the 11th CBD Conference of the Parties on 20 October. The meeting took place in Hyderabad, India, and included discussion of the Nagoya Protocol to the CBD on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (IPW, Biodiversity/Genetic Resources/Biotech, 12 October 2012).

    Funding is aimed at helping developing countries meet internationally-agreed Biodiversity Targets and the main goals of the Strategic Plan for Biodiversity 2011-2020, the CBD said in a press release [pdf].

    “Mobilizing the necessary financial resources from the public and private sector needed to ensure achievement of the 2020 targets remains a challenge – but here in India, many nations including developing economies have signalled their determination and sense of urgency to seize the opportunities by providing much needed additional support,” said Achim Steiner, UN under-secretary and UN Environment Programme executive director.

    The government of India committed over $50 million toward biodiversity work.

    The meeting reviewed progress in the implementation of national biodiversity plans, and “reaffirmed the need for enhanced technical and scientific cooperation among countries, while underlining the potential need for enhanced cooperation among developing countries,” the release said. A new online National Biodiversity Strategies and Action Plans Forum was launched to help with this.

    On access and benefit-sharing from biodiversity, an issue related to intellectual property rights, the release said:

    “A decision on Article 8(j), relating to indigenous and local communities was adopted which provided a major component of work on customary sustainable use. The decision also advanced three tasks that may contribute to the implementation of the Nagoya Protocol including Guidelines related to priori informed consent, mutually agreed terms and others.”

    It continued: “Governments also provided guidance to the preparations for the entry into force of the Nagoya Protocol and agreed that a third meeting of the Intergovernmental Committee for the Nagoya Protocol will be needed in the upcoming two years. It was further urged to complete a number of tasks in advance of entry into force in a timely manner.”

    No further details were provided at press time.

    The full list of decisions made at CBD COP 11 is expected to be available at: www.cbd.int/cop11

     


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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.

     

     
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