Harmonised Filing System For Plant Variety Protection Discussed At UPOV

Ornemental plants

An industry proposal calling for a harmonised procedure to simplify applications for new varieties of plants and heighten intellectual property protection stirred debate at the International Union for the Protection of New Varieties of Plants (UPOV) last month.

WIPO Seminar On TK, Genetic Resources: Variations In Public Domain, Disclosure

Indigenous knowledge

The concept of public domain was born out of the intellectual property system, according to some. However, what constitutes the public domain depends on national interpretations. A recent seminar organised by the World Intellectual Property Organization was an occasion for speakers from diverse horizons to present their experience in the context of traditional knowledge and genetic resources. The relevance of a disclosure requirement in patent application to prevent wrongful patents was also discussed. [Note: Article 2 of 2]

WIPO Seminar Displays National Efforts To Protect TK, Folklore

Aboriginal Art

A recent seminar convened by the World Intellectual Property Organization shed light on national and regional legislations protecting traditional knowledge, folklore and genetic resources, and provided examples of misappropriation. WIPO has a committee dealing with these issues but disagreement among members on its work programme prevented the organisation from organising any meeting of the committee so far this year. [Note: Article 1 of 2]

Interrelations Between Plant Treaty, UPOV, WIPO, Farmers’ Rights – Do They Equate?

Small farmer

Farmers’ rights are enshrined in the international plant treaty. However, their implementation is an ongoing issue, which the plant treaty is seeking to address by looking at the interrelation that might exist with other international instruments. Separately, civil society is asserting that the World Intellectual Property Organization favours the International Union for the Protection of New Varieties of Plants (UPOV) in its technical assistance. But the WIPO Director General countered that this is decidedly not the case.

EPO Backs Patents On Conventional Plants: Broccoli, Tomato Cases Decided

Broccoli

The highest court of the European Patent Office has declared that plants or seeds obtained through conventional breeding methods are patentable.

Indian Draft Pesticides Bill Contains TRIPS-Plus Data Exclusivity, Indian Pharma Says

Medicines - Flickr - Hitthatswich

India is considering legislation on pesticides containing data exclusivity provisions that would raise the level of intellectual property protection above the minimum required by international trade agreements and could act as a precursor for pharmaceutical products in the country, a leading Indian industry representative warned this week. India is sensitive to restrictions on the use of marketing data of patented pharmaceuticals as it is seen as the world leader in generic medicines, which use such data.

Cuba, Large Friends, Trying To Corner US Into Compliance With WTO Rum Trademark Ruling

havana-club logo

Better relations may be on the way for Cuba and the United States, but the thaw has yet to be seen in a longstanding World Trade Organization dispute over a Cuban rum trademark. As it has done for years, the United States today casually reported that there are several pieces of legislation in the US Congress that might bring it into compliance with a longstanding WTO ruling that found it in violation of WTO rules for a 1998 measure blocking a Cuban trademark from receiving due legal process in the US, where a US-friendly firm is using it.

Patent On Conventional Plant Dismissed For Lack Of Novelty, Firm Says

Red Radish

The District Court of The Hague (Netherlands) ruled last week that a patent for red radish plants is invalid in the Netherlands for lack of novelty but did not rule on the fact that the particular plant was bred using essential biological processes. The case, between two Dutch companies, related to red radish sprouts on which one company held a patent.

Open Source Model In Computers Should Be Applied To Genomic Data, Paper Says

Plant genome  1

Genomic data should be made publicly available for the promotion of science as a global public good, a new paper argues. Two researchers suggest that a model inspired by the open-source computer software movement should be developed for plant breeding, animal breeding, and biomedicine.

Standstill On Industrial Design Treaty, Country Names, GIs In WIPO Committee

Design

Hopes to gain ground in discussions toward a procedural treaty on industrial design applications were not met this week at the World Intellectual Property Organization. Meanwhile, proposals on the protection of geographical indications on the internet and on a potential international GI filing system were put on hold until the next session of the committee.