USTR’s Investigations On IP Rights Against India: Is There A Tenable Case? 20/10/2014 by Intellectual Property Watch 3 Comments On 14 October, the US Trade Representative (USTR) began the out-of-cycle review (OCR) of India’s intellectual property (IP) laws, the mandate which it gave itself in the 2014 Special 301 Report. Like several years in the past, the USTR once again included India in the Priority Watch List, but this time, India’s IP laws are being subjected to the additional scrutiny through an OCR. It is to be seen whether the OCR sets the stage for naming India as a Priority Foreign Country, viewed by the USTR as worst offender of intellectual property rights, in the next Special 301 report. USTR’s inclusion of India for the OCR was a reflection of the influence that the domestic lobbies have on the country’s engagement with its partner countries, and about USTR’s consistency with World Trade Organization rules, writes Biswajit Dhar.
The TPP’s New Plant-Related Intellectual Property Provisions 17/10/2014 by Intellectual Property Watch 1 Comment The newly-released Trans-Pacific Partnership (TPP) intellectual property (IP) chapter would help seed conglomerates like Monsanto prevent farmers from saving and using seeds that contain patented plant materials, even when such use is for their own personal consumption. The TPP language would also prevent breeders from using plants seeds that contain patented plant materials to research and develop new varieties. Most plant variety protection (PVP) systems allow farmers to save and reuse seeds (for noncommercial purposes) and permit breeders to use protected plant varieties to research and develop new varieties. In contrast, patents on plant-related inventions, as outlined in the TPP, may have few exceptions. This new text constitutes a huge step in the wrong direction, changing the plant IP regimes of many of the negotiating countries to the detriment of their populations, writes Public Citizen.
Leaked TPP Draft Reveals Extreme Rights Holder Position Of US, Japan, Outraged Observers Say 17/10/2014 by William New, Intellectual Property Watch 5 Comments Critics poring over a newly leaked alleged draft of the Trans-Pacific Partnership agreement (TPP) intellectual property chapter say it shows the United States is taking an all-out lurch toward greater protection and less access, causing outrage among public interest groups.
USTR Sets Deadline For Comments On Review Of Indian Protection Of US IP 16/10/2014 by William New, Intellectual Property Watch 1 Comment Comments must be submitted in the new two to three weeks for an extraordinary review by the United States government of India’s protection of US intellectual property rights.
Preparations Begin For Lisbon Revision At WIPO; Procedural Question Raised 15/10/2014 by Catherine Saez, Intellectual Property Watch 5 Comments The 28-member Lisbon Agreement for the Protection of Appellations of Origin and their International Registration is en route to being revised to include geographical indications and allow international organisations to join the agreement. But some other member countries of the World Intellectual Property Organization, which oversees the agreement, are raising procedural questions and intend on having a say on the revision. [Update: new proposal now available]
Special Report: Russia Modernises Its Intellectual Property Law 14/10/2014 by Daria Kim for Intellectual Property Watch 3 Comments As of 1 October, major amendments of the Civil Code of the Russian Federation (the RF Civil Code) came into force concluding the most recent and extensive legislative revision since Part I of the Code was adopted in 1994. Changes affected substantive and procedural norms including Part IV codifying provisions on intellectual property rights. This report takes stock of some of the introduced novelties.
EU Legislation On Nagoya Protocol Becomes Effective; What Effect On Indigenous Peoples’ Rights? 14/10/2014 by Catherine Saez, Intellectual Property Watch 1 Comment The entry into force of an international treaty facilitating access to genetic resources and ensuring the fair sharing of potential commercial benefits has prompted the applicability of a European Union regulation relating to the treaty. This led a researcher to call on the treaty members to ensure its implementation protects the rights of indigenous and local communities.
Nagoya Protocol Enters Into Force, Will Be Tested In Months To Come 09/10/2014 by Catherine Saez, Intellectual Property Watch 8 Comments The Nagoya Protocol, a treaty expected to ensure greater access to genetic resources and a mandatory fair benefit-sharing of the benefits that could be derived from those resources, will enter into force on 12 October, almost four years after it was agreed.
Protect Your Ideas – Top Ways To Guard Your Intellectual Property 09/10/2014 by Intellectual Property Watch, Intellectual Property Watch 5 Comments With the ever-increasing ease in which information can spread, it is becoming harder to secure your intellectual property or product ideas and ensure they are not unfairly recreated or produced by someone else. Whether you are a small start-up or a multinational organisation, taking steps to protect your intellectual property should be a priority within your business.
Tech Industry Report Ranks Countries On Protectionism – Including IPR 08/10/2014 by William New, Intellectual Property Watch Leave a Comment A report released today by an American technology industry group ranks countries on the basis of mercantilist policies, urging the United States and multilateral organisations to issue a “bold response” to these restrictive and anti-competitive practices – including intellectual property theft and compulsory licensing permitted under WTO rules in developing countries. The top targets? China and India.