“Biopiracy” On The High Seas? Countries Launch Negotiation Towards A New International Legally Binding Instrument On Marine Genetic Resources In Areas Beyond National Jurisdiction 14/12/2018 by Intellectual Property Watch, Intellectual Property Watch 1 Comment Wend Wendland writes: Countries have begun to negotiate a new international legally binding instrument on marine genetic resources in the high seas. The negotiation is an opportunity for countries to re-think existing frameworks which regulate access to and benefit-sharing in genetic resources. Countries have divergent views on if and how IP issues should be addressed in the new instrument. Developing countries have an interest in the establishment of mechanisms for the fair and equitable sharing of benefits from research into marine genetic resources and for the transfer of marine technologies. IP issues are relevant in both cases.
Stan Lee: Writer, Creator, And Marketer Of Intellectual Property 11/12/2018 by Intellectual Property Watch, Intellectual Property Watch 1 Comment Dave Davis writes: As the many and well-deserved accolades for Stan Lee pour in on the occasion of his death after a career in content creation —mostly in writing— that spanned six decades, I thought now might be a suitable moment to add an additional perspective. I’m focusing on his success as someone who brought his creative expression to market, to the enjoyment of what eventually became an audience of millions. Stan Lee was many things, and among them, he was an outstandingly successful entrepreneur of intellectual property.
Licensing Experts Share Experiences At WIPO 07/12/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment Voluntary licences are cited by some as the best way to facilitate access to medicines. Terms of the licences are important, many factors have to be taken into consideration, and the earlier the better, as explained by licencing experts at the World Intellectual Property Organization this week.
Defending Fair Use In South Africa 04/12/2018 by Intellectual Property Watch Leave a Comment Sean Flynn, Peter Jaszi, and Mike Carroll write: On Wednesday the South African National Assembly vote on the Copyright Amendment Bill, which includes a new “fair use” right. Learned professors at the University of Stellenbosch have taken to calling the bill “shambolic”, and “an abomination.” It is certainly time for a little light to go with the heat.
Promoting Education Rights In South African Copyright Reform 04/12/2018 by Intellectual Property Watch 3 Comments Eve Gray and Desmond Oriakhogba write: The publishing industry is making a mad dash to defeat South Africa’s adoption of a fair use rights in Parliament on Wednesday. Their latest effort includes an alarmist petition being circulated among authors. It is interesting to note that, while one of the most persistent and loud complaints in these protests has been that the drafting of the new legislation was badly handled, our perception, along with a number of experienced observers in the process, has been that the level of discussion and debate; the degree of participation and engagement of government representatives; and the consensus on the needs to be addressed, was of a higher standard and the debate much better informed than in previous such attempts at reform over the past decades. It should also be noted that, while it is true that international publishers might have much to lose in the new law, local publishers, authors and students have much to gain. It is time to lower the heat and concentrate on the facts and context of what is before Parliament.
US IP Stakeholders Seek To Strengthen Public Support For IP, Ensure Future US Competitiveness 04/12/2018 by David Branigan, Intellectual Property Watch Leave a Comment NEW YORK — United States intellectual property stakeholders from academic, business and legal backgrounds gathered recently to discuss how to increase public support to strengthen the intellectual property rights system in the US, in light of China’s steady rise in numbers of patent and trademark filings. US IP stakeholders argued that developing public awareness and understanding of IP is key to building this support, with some holding diverging views on how to go about this.
China Pulling The Cart To Propel Global IP Filings To New Heights, Trademarks Skyrocketing – WIPO 03/12/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment Global intellectual property filing numbers kept rising unabated in 2017, as China continued to pull the numbers upwards. The World Intellectual Property Indicators 2018, published today, also showed what the head of the World Intellectual Property Organization qualified as extraordinary growth in trademark applications. And he remarked on the increasing importance of intellectual property in the contemporary economy.
Interviews With National Publishing Industry Attendees At WIPO’s Copyright Committee 30/11/2018 by William New, Intellectual Property Watch Leave a Comment During this week’s World Intellectual Property Organization copyright committee meeting, Intellectual Property Watch had the opportunity to meet observers from the international publishing sector who are following the committee’s discussions closely. In Geneva at the invitation of the International Publishers Association (IPA), several publishers shared their thoughts about WIPO’s work as well as their experience from their own markets. The interviews below represent a range of perspectives, from three different types of markets worldwide.
Do Patent Trolls Exist? Two Studies Reach Different Conclusions (Part 1) 29/11/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment They are called many things. Patent Assertion Entities (PAEs), Non-Practicing Entities (NPEs), Patent Trolls, and on occasion, names not suitable in polite company. They often are accused of harming innovation and the economy, while providing nothing useful in return. They, less often, are said to promote innovation, in part by helping small inventors monetize their discoveries. Two recent academic studies attempt to shed light on this dispute, but their findings seem contradictory – at least at first.
New Database Documents The Power Of TRIPS Flexibilities 28/11/2018 by Intellectual Property Watch Leave a Comment Ellen ‘t Hoen writes: Medicines Law & Policy has published an on-line database of instances of the use of TRIPS flexibilities in public health contexts, titled the TRIPS Flexibilities Database. The publication of the TRIPS Flexibilities Database merits sharing a bit of its history because it has been a work in progress for some time. The database includes cases of actual use of TRIPS flexibilities and instances in which countries planned or threatened to use them. The collection of such cases started ten years ago as part of a research project to document and examine the uptake of the flexibilities contained in the TRIPS Agreement in medicines procurement.