WTO TRIPS Council Ponders Regional Innovation Models, Other Issues 10/11/2016 by Catherine Saez, Intellectual Property Watch Leave a Comment This week at the World Trade Organization intellectual property committee a range of mostly developed countries requested to discuss regional innovation models, and countries presented examples of such models. The committee also addressed the issue of “non-violation” complaints and issues of biodiversity and trade, observers, and e-commerce.
EU Commission Says Plants And Animals From Conventional Processes Not Patentable 04/11/2016 by Catherine Saez, Intellectual Property Watch 4 Comments The European Commission has issued its opinion on certain articles of the EU directive on biotechnological inventions, in particular the patentability of plants or animals obtained as a result of natural occurrence such as selection and crossing. The Commission found that the intention of the EU when drafting the legislation was to exclude such products from patentability.
Farm-Saved Seeds Sow Discord; Breeders, Users, Seek Clear Definition At UPOV 25/10/2016 by Catherine Saez, Intellectual Property Watch 1 Comment When a harvested material from a protected plant variety, such as seeds, is used for further sowing and cultivating, royalties need to be paid to the breeder of this protected variety. However, according to breeders, farm-saved seeds are sometimes used as an excuse to avoid paying royalties, and clear definitions should be established internationally. Conversely, small farmer associations think that once farmers buy a protected variety, they should be able to re-use those seeds, exchange or sell them. The International Union for the Protection of New Varieties of Plants (UPOV) organised a Seminar [pdf] on Propagating and Harvested Material in the Context of the UPOV Convention on 24 October.
Freedom To Utilize Genetic Resources? The Nagoya Protocol Two Years Later 24/10/2016 by Guest contributor for Intellectual Property Watch 1 Comment At its second anniversary, the Nagoya Protocol is ushering in an international access and benefit-sharing (ABS) system that may impact the freedom to operate with genetic resources. Those who utilize genetic resources and information should understand the emerging framework and take actions to reduce the risk of patent invalidation, legal liability and reputational harm that may flow from a violation of ABS requirements, writes Bruce S. Manheim.
Report: IP Rights, Corporate Interests Threaten Small Farmers’ Right To Seeds, Biodiversity 24/10/2016 by Catherine Saez, Intellectual Property Watch 1 Comment A new report by civil society groups defending the right to food and nutrition lays bare threats to seeds and biodiversity created by intellectual property rights, and calls for states to respect their human right obligations to protect small farmers’ right to seeds and food security.
Panel: WIPO Assistance Should Provide Developing Countries With Choices On Plant Variety Protection 17/10/2016 by Catherine Saez, Intellectual Property Watch 1 Comment A side event to last week’s annual General Assemblies of the World Intellectual Property Organization looked at ways for developing countries to design sui generis system for protecting new varieties of plant. The event also looked into the technical assistance provided by WIPO, which, according to the groups, focuses only on the International Union for the Protection of New Varieties of Plants (UPOV) system.
WIPO Traditional Knowledge: Text Passes Committee Approval, Goes To Next Session 23/09/2016 by Catherine Saez, Intellectual Property Watch 2 Comments World Intellectual Property Organization delegates today agreed on a text compiling divergent views on how traditional knowledge should be protected in the intellectual property system to be forwarded to the next session of its committee on the protection of traditional knowledge. Some clear dividing lines remain, such as traditional knowledge which is widely known and could have been placed in the public domain, or if conditions of eligibility should be part of a potential treaty.
Shared Experiences Of Indigenous Peoples In The WIPO Negotiating Process 22/09/2016 by Alexandra Nightingale for Intellectual Property Watch Leave a Comment Members of indigenous communities this week shared their experiences in negotiating for their rights at the World Intellectual Property Organization and gave their advice on negotiations for potential treaties on genetic resources, traditional knowledge and folklore.
Nagoya Protocol Gains Members, Implications Spread Ripples 22/09/2016 by Intellectual Property Watch Leave a Comment The UN Convention on Biological Diversity (CBD) announced early this month that five new countries ratified its protocol on access and benefit sharing of genetic resources, bringing membership to 85 countries.
Switzerland Champions Disclosure Requirement In Patents, Counters US Interpretation 15/09/2016 by Catherine Saez, Intellectual Property Watch 1 Comment The government of Switzerland has issued a defence of its national law on disclosure of origin of genetic resources in patent applications, finding fault with the interpretation of its law by the United States. The Swiss response comes on the eve of a World Intellectual Property Organization meeting on related issues.