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Intellectual Property Watch

Original news and analysis on international IP policy

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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.

Filed Under: IP Policies, Language, Themes, Venues, Biodiversity/Genetic Resources/Biotech, English, Patents/Designs/Trade Secrets, Traditional and Indigenous Knowledge, UPOV / CBD

From Personality To Property: Data Protection Needs Competition & Consumer Protection Law, Conference Says

25/10/2016 by Monika Ermert for Intellectual Property Watch 1 Comment

MUNICH — Will personal data become a property right licensed to those who give you the best deal for it? Researchers at a conference convened by the Max Planck Institute for Innovation and Competition in Munich delved into a future “holistic approach” of intellectual property, data and consumer protection, with additional assistance from competition law.

Filed Under: IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, English, Europe, Human Rights, ITU/ICANN, Information and Communications Technology/ Broadcasting, Lobbying, North America, Regional Policy, Trademarks/Geographical Indications/Domains

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.

Filed Under: IP Policies, Themes, Venues, Biodiversity/Genetic Resources/Biotech, Contributors, Development, Enforcement, English, Environment, Patents/Designs/Trade Secrets, Traditional and Indigenous Knowledge, United Nations - other

UN Meeting Looks At Legally Binding Instrument On Corporations And Human Rights

24/10/2016 by Intellectual Property Watch 1 Comment

A gathering at the United Nations in Geneva this week is hearing a litany of views on a prospective legally binding international instrument to regulate within human rights law the activities of transnational corporations and other businesses. The meeting is being webcast live.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Copyright Policy, Enforcement, English, Human Rights, Patents/Designs/Trade Secrets, Trademarks/Geographical Indications/Domains, United Nations - other

US Copyright Office: Pallante Resigns; Search On For New Register [Updated]

24/10/2016 by Intellectual Property Watch 3 Comments

The United States Copyright Office Register of Copyrights Maria Pallante has changed roles to become senior advisor for digital strategy. In her place, Karyn Temple Claggett will move up to serve as acting register of copyrights while a search is conducted for the next permanent register.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Copyright Policy, English, Information and Communications Technology/ Broadcasting, North America, Regional Policy

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.

Filed Under: IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Biodiversity/Genetic Resources/Biotech, English, Environment, Human Rights, Lobbying, Patents/Designs/Trade Secrets, Traditional and Indigenous Knowledge, UPOV / CBD, United Nations - other

US High Court Puts Unreasonable Delay On Trial

21/10/2016 by Steven Seidenberg for Intellectual Property Watch Leave a Comment

On its face, the case is a humdrum, procedural dispute about a patentee’s delay in filing an infringement suit. But if the Supreme Court rules the way most experts expect, the decision will significantly enhance the power of patent trolls and others alleging patent infringement, and it will harm many companies doing business in the US – especially companies in the tech sector. Much hangs in the balance on 1 November, when the Supreme Court hears oral arguments in SCA Hygiene Products AG v. First Quality Baby Products, LLC.

Filed Under: Features, IP Policies, Language, Subscribers, Themes, Venues, Copyright Policy, Enforcement, English, IP Law, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Perspectives on the US, Regional Policy

Industry Contributions, Benefit Sharing, Virus Genetic Data Discussed By WHO Flu Experts

21/10/2016 by Catherine Saez, Intellectual Property Watch 1 Comment

The group of experts tasked to monitor the World Health Organization pandemic influenza framework met this week with discussions on the partnership contributions that industry is expected to provide to the system, and how influenza viruses’ genetic sequence data should be handled in the context of the framework.

Filed Under: IP Policies, Themes, Venues, English, Health & IP, Patents/Designs/Trade Secrets, WHO

Freedom Of Expression Under Attack, Says UN Special Rapporteur

21/10/2016 by Intellectual Property Watch 1 Comment

Governments worldwide are engaging in censorship and punishing those who report or post opinions, the United Nations Special Rapporteur on the freedom of opinion and expression, David Kaye, says in a report on the widespread global assault on the freedom of expression to be presented to the UN General Assembly today.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, English, Human Rights, Patents/Designs/Trade Secrets, Trademarks/Geographical Indications/Domains, United Nations - other

US, India Trade Ministers Agree List Of IP Enforcement Actions For India, USTR Says

20/10/2016 by William New, Intellectual Property Watch Leave a Comment

United States Trade Representative Michael Froman and Indian Minister of Commerce and Industry Nirmala Sitharaman met in Delhi today and discussed various bilateral issues including intellectual property rights. Based on the release from the meeting, it appears much of the IP focus was on tasks for India to do to better protect IP rights.

Filed Under: IP Policies, Themes, Venues, Access to Knowledge/ Education, Asia/Pacific, Bilateral/Regional Negotiations, Copyright Policy, Enforcement, English, North America, Patents/Designs/Trade Secrets, Regional Policy, Trademarks/Geographical Indications/Domains

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