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IP-Watch Summer Interns

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

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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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    WIPO Side Event Addresses Recent Developments Related To The Nagoya Protocol

    Published on 13 February 2013 @ 1:12 pm

    By for Intellectual Property Watch

    At the World Intellectual Property Organization meeting on protection of genetic resources last week, the secretariat of the UN Convention on Biological Diversity (CBD) organised a side event to introduce the key features and recent developments of the international protocol on access and benefit-sharing of such resources.

    The panel was held on 7 February, alongside the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). At issue is the 2010 Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the CBD.

    Speaking on the panel, Beatriz Gomez Castro, associate programme officer at the secretariat of the CBD, pointed out that the conclusion of the protocol was driven by a “need for legal certainty and transparency”. She said the protocol was adopted in October 2010 to further implement “fair and equitable sharing of benefits arising from the use of genetic resources” – one of the three objectives of the CBD – with a focus on the utilisation, applications and commercialisation of genetic resources.

    She also emphasised compliance obligations to ensure benefit-sharing. These compliance requirements encompass – among others – an obligation to comply with national access and benefit-sharing legislation and a requirement to monitor the utilisation of the genetic resources.

    To monitor the utilisation of genetic resources, she stressed the need to designate one or more effective checkpoints. For her, checkpoints are “relevant for the collection of information at any stage of research, development, innovation, pre-commercialisation or commercialisation.”

    “Examples of checkpoints could be research publishing houses, requirement for public funding, patent examination offices, authorities providing regulatory or marketing approval of products,” she said.

    The presentation tackled the first part of Article 1 of the Nagoya protocol, but failed to address the issue of technology transfer which is an important element for many developing countries. Article 1 of the Nayoga Protocol reads:

    “The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies (…).”

    But the event did not take the opportunity to analyse recent developments or rising issues around transfer of technology.

    As of this month, 92 parties had signed the protocol, but only 14 countries had ratified it (Albania, Ethiopia, Fiji, Gabon, India, Jordan, Lao, Mauritius, Mexico, Micronesia, Panama, Rwanda, South Africa and Seychelles). This remains quite far from the 50 ratifications needed for the entry into force of the protocol.

    Gomez Castro pointed to different initiatives that she qualified as progress towards the entry into force. These range from information-sharing programs to awareness-raising activities and support to countries.

    Tiphaine Nunzia Caulier recently graduated with a Master in International Law from the Graduate Institute in Geneva and UCLA School of Law. Through her work experiences and academic interests she has specialized in international trade, intellectual property, and public health.

    Tiphaine Nunzia Caulier may be reached at info@ip-watch.ch.

     

    Comments

    1. Tim Roberts says:

      The Protocol has little to say on the transfer of relevant technologies – nor is it clear what it could offer, apart from exhortation. Part of the idea behind the CBD is that of exchanging genetic resources for technology. However the Protocol has more relevance to rights in resources than to rights in technologies. Thus there is no provision that the country of origin of a technology has sovereign rights over it. In consequence, in contrast with genetic resources, Prior Informed Consent to access technology is not required, nor to do research on it.


    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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