SUBSCRIBE TODAY!
Subscribing entitles a reader to complete stories on all topics released as they happen, special features, confidential documents and access to the complete, searchable story archive online back to 2004.
IP-Watch Summer Interns

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

Inside Views

Submit ideas to info [at] ip-watch [dot] ch!

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.

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.


Latest Comments
  • “We want everybody to agree on the science telling... »
  • So this is how we mankind will become extinct? No ... »

  • For IPW Subscribers

    A directory of IP delegates in Geneva. Read more>

    A guide to Geneva-based public health and intellectual property organisations. Read More >


    Monthly Reporter

    The Intellectual Property Watch Monthly Reporter, published from 2004 to January 2011, is a 16-page monthly selection of the most important, updated stories and features, plus the People and News Briefs columns.

    The Intellectual Property Watch Monthly Reporter is available in an online archive on the IP-Watch website, available for IP-Watch Subscribers.

    Access the Monthly Reporter Archive >

    Technical Assistance Shows North/South Divide In Design Treaty Talks At WIPO

    Published on 13 December 2012 @ 5:11 pm

    By , Intellectual Property Watch

    The issue of technical assistance and capacity building established a clear divide during World Intellectual Property Organization discussions on a potential new treaty on industrial designs today.

    The delegates attending the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) meeting from 10-14 December were expected to start discussions on technical assistance and capacity building for developing countries and least developed countries (LDCs) based on a WIPO secretariat document and an African Group proposal [pdf].

    The European Union also tabled a proposal [pdf] today with quite a different approach than that of the African Group. The EU presented a non-binding resolution whereas the African Group is requesting articles to be added to the future treaty.

    The African Group proposal requests an addition to the draft treaty text of four articles pertaining in particular to special treatment for developing countries and LDCs, technical and financial assistance, and capacity-building. The articles, the Egyptian delegate said on behalf of the group, are an important component of the future treaty, and answer the recommendation of the WIPO General Assembly last October. They would provide incentive to developing countries to use and benefit from the treaty, and facilitate the developing countries applicant to file industrial design applications abroad, the delegate said.

    The EU proposal is a “resolution by the diplomatic conference supplementary to the treaty on industrial design law and practice.” It says that technical assistance should be aimed at a “consistent and proper application” of the treaty, and enable countries that are members to the future to take full advantage of its provisions. Technical assistance should be provided at the request of “the recipient States taking into account their level of technological and economic development.”

    Article A of the African Group proposal states that developing countries should benefit from a fee reduction of at least 50 percent and LDCs benefit from a fee waiver.

    Article B asks that WIPO provide “targeted legal and other forms of support to strengthen the national capacity” of developing contracting parties, to facilitate the implementation of the treaty. Article B also asks that WIPO and developed member states, “at the request of interested Contracting Parties that are developing countries, provide full financial support for all activities and measures that have to be taken by those countries” to implement the treaty and its regulations, for “at least the first five years from the date the Treaty enters into force for the relevant Contracting Party.”

    The EU said it fully acknowledged the need of developing countries and LDCs with respect to technical assistance in the implementation of a future designs formalities treaty so that the global system can benefit all users. However, the delegate said, in addressing technical assistance, the SCT should build on best practices and lessons learned from the implementation of technical assistance measures in other areas of WIPO’s work. Technical assistance should be demand-driven, following the recommendations in Cluster A of the WIPO Development Agenda, and country-specific, she said.

    Binding or Non-Binding?

    Most developing countries who took the floor this morning were in support of binding provisions included in the treaty text. Peru on behalf of the Group of Latin America and Caribbean Countries (GRULAC), Nepal, Brazil on behalf of the Development Agenda Group, South Africa, Argentina, Tunisia, Algeria, Iran, Nigeria, and India supported the African Group proposal, and China said binding provisions should be agreed to be included in the treaty text.

    Belgium on behalf of Group B said technical assistance should be in line with best practices and lesson learned in other treaties and the wider WIPO framework of tech assistance and be driven by principles of efficiency and effusiveness to use available resources in the best manner possible. Fee reduction is also not appropriate in the context of a formality treaty, the delegate said. This statement was supported by Canada. Japan said it supported the EU proposal, as did the United States, and Finland.

    Some developing countries argued that they only received the EU proposal in the morning and had not had time to analyse it for further discussions. The EU said the English version of its proposal was distributed yesterday afternoon and sent by email to group coordinators. The African Group proposal was issued on Monday.

    At the end of the morning session it was proposed by meeting Chair Imre Gonda that both proposals be tabled as official documents at the next meeting. At press time, delegates were in informal consultations to discuss the study on the Potential Impact of the Work of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) on Industrial Design Law and Practice.

    Catherine Saez may be reached at info@ip-watch.ch.

     

    Comments

    1. WIPO Design Treaty: Work On Articles, Capacity Building Next Time | Intellectual Property Watch says:

      [...] meeting. One of those proposals was made by the African Group, the other one by the European Union (IPW, WIPO, 13 December 2012). The summary of the chair was adopted with some changes in the [...]


    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.

     

     
    Your IP address is 23.22.248.240