Open Music Initiative: Seeking To Drive The Beat On Global Standards, Rights Attribution 28/11/2018 by David Branigan, Intellectual Property Watch 1 Comment NEW YORK – The Open Music Initiative provides a forum for collaboration across academic, tech and music industry stakeholders around the world, and is working to develop the global standards for music rights attribution that could stand for the next 100 years. Establishing such standards will enable fair compensation to rights holders and creators, and establish a basis for ongoing innovation in the music industry, leading to new digital platforms and services, and new music, according to Open Music members.
Gene Editing: Fears Lead To Call For Moratorium At CBD, Discussions Ongoing 23/11/2018 by Catherine Saez, Intellectual Property Watch 2 Comments Gene editing techniques have opened the way to a new world of innovations. One of them is the potential eradication of malaria-carrying mosquitoes. What appears as a very attractive way to help with malaria eradication is denounced by civil society groups arguing that the technology is in its infancy. Wiping out entire species could have unforeseen environmental, health, and social consequences, they say. They are calling for a moratorium preventing the release of gene drive organisms in the wild. They also describe the gene drive mosquitoes as a Trojan horse, hiding broader interests of agricultural multinational corporations.
Convention On Biological Diversity Biennial Meeting Looks At How New Technologies Will Affect Its Objectives 20/11/2018 by Catherine Saez, Intellectual Property Watch 2 Comments Member countries of the UN Convention on Biological Diversity are meeting in Egypt for its biennial conference of the parties, and the conference of the parties of its protocol on access and benefit sharing, until the end of November. New technologies are high on the agenda of the meeting, such as synthetic biology and genetic sequence information of genetic resources, and how they will impact the convention’s objectives. Delegates are also expected to discuss a potential global multilateral benefit-sharing mechanism, and criteria for international specialised instruments of access and benefit-sharing which could substitute the protocol’s obligations in certain cases.
The Bumpy Road To Selection Patents In India 19/11/2018 by Intellectual Property Watch 1 Comment Namrata Chadha, of K&S Partners, a Tier 1 Indian law firm, discusses various crucial aspects relating to patenting of selection inventions in India, especially in pharmaceuticals and chemicals. Summary: The patenting of selection inventions is not plain sailing in India. The patentability of such inventions must be determined in accordance with the general provisions of the Indian Patents Act, as there is no separate provision for the same in the Act. Of the said general provisions, the assessment of inventive step and testing under section 3(d) of the Indian Patents Act can be perceived as the most critical to patentability of selected novel species. Additionally, the concepts of ‘implicit disclosure’ and the contrasting views on ‘coverage vs disclosure’ frequently makes it challenging for applicants to defend their novel selection under the Indian scenario. Given the lack of enough precedents in India on this aspect, to date the fate of selection patents depends mostly on the judgement of the patent controllers. Not all hope is lost, however, since not only the Indian Patent Office, but also the IPAB and higher Courts have time-and-again acknowledged the existence of selection patents in India.
A Look At The Proposed EU IP Exception To Promote Generic, Biosimilar Industry Competitiveness 16/11/2018 by David Branigan, Intellectual Property Watch 1 Comment The European Commission has proposed an exception to the extended period of patent protection that the European Union provides to original drug manufacturers for certain products, in order to boost the competitiveness of EU generic and biosimilar industries in global markets. The exception will allow EU generic and biosimilar companies to manufacture protected drugs for export during this patent extension period. Stakeholders are so far unhappy with the exception. Meanwhile, studies analyse its potential economic impacts and legal implications, and the Commission remains confident that safeguards it is putting in place will keep the lower-priced medicines from making their way back into the EU.
European Governments Step Up Attention To Internet Governance 15/11/2018 by Monika Ermert for Intellectual Property Watch Leave a Comment PARIS — In its thirteenth year, the UN-led Internet Governance Forum finally seems to be able to turn the tide and get much-needed attention from powerful governments. Opened by a UN Secretary General for the first time since its inception and receiving the accolade of French President Emmanuel Macron, the forum looks toward a brighter future. But how to work as a multistakeholder body remains experimental in many regards.
IP Experts Discuss US Congressional Changes, Prospects For IP Legislation 13/11/2018 by William New, Intellectual Property Watch 1 Comment NEW YORK – Major changes are coming to the makeup of the US Congress from the perspective of intellectual property policy, and while it may translate into more patent-friendly officials, the prospect for legislation is uneven, a panel of IP experts told a private sector conference here last week.
WIPO Members Look At Protection Of Country Names, GIs, Icons 12/11/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment A number of countries are voicing concerns about their country name being used by trademark applicants with no relation to the country, riding on the country’s reputation or geographical relevance. They are also worried about their country name being used as an internet top-level domain name. Those are among the issues being discussed this week at the World Intellectual Property Organization committee on trademarks, along with questions on the protection of geographical indications, and of icons and typeface on the internet.
Intangible Capital Rising, IP Key For Start-Ups, Traditional Growth Model Has To Change, Panellists Say 08/11/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment The importance of intangible capital is growing and so is the significance of intellectual property, according to some, and in particular in the new economy. Start-ups see intellectual property as an indispensable tool to attract investors and put their innovations onto the market. Developing countries still mainly stuck in what some call the “commodity trap” have to identify and exploit their intellectual property assets, according to panellists at an event held at the World Trade Organization yesterday.
“Peace Has Broken Out” In Software Development, Heralding Open Source As The Future 07/11/2018 by David Branigan, Intellectual Property Watch Leave a Comment “Peace has broken out” between big technology companies and the free and open source software (FOSS) community, according to a leading FOSS advocate, leading a tech industry representative to say, “this is the future.”