Showing posts with label WIPO. Show all posts
Showing posts with label WIPO. Show all posts
By Nathaniel DeLucia

The World Intellectual Property Organization (WIPO) held a seminar, where it invited member states to discuss their views on traditional knowledge and genetic resources.  Traditional knowledge, sometimes referred to as folklore, refers to the collective body of stories and knowledge held by indigenous/tribal groups which is rarely protected under modern patent or copyright regimes.  Genetic resources refer to genetic material that has actual or potential value, such as plant or animal material which has value as a medicine.  Similar to traditional knowledge, current patent regimes fail to provide protection to the locals who grow, and sometimes arguably own, the genetic resources.

The seminar was held in a series of round table discussions, which discussed the various member states differing views toward the public domain (information to which every member of the public should have free access) and how their differing views affected the scope of protection they felt was appropriate for traditional knowledge and genetic resources.

To see an in depth look at the discussions, check out the coverage at IP-Watch.
By Nathaniel DeLucia

The World Intellectual Property Organization (WIPO) is a major UN agency which focuses on international IP law.  However, after the implementation of the TRIPS (trade related aspects of intellectual property rights) more than twenty years ago, which made the World Trade Organization (WTO) the main international IP body, many have questioned WIPO’s future.  Today, WIPO’s main function, and its main source of income, is to help handle PCT applications.  PCT applications consist of standardized forms, and are the main means through which patent seekers file international applications in multiple foreign countries.

The organization has experienced several scandals over the past few years, however, and this recent meeting is looking at ways to improve the management and leadership at WIPO in order to both reduce future mistakes and increase the organizations role in the international community.

For the complete story, see IP-Watch’s article, located here.
By Nathaniel DeLucia

Playboy is one of the most recognizable trademarks in the world with registered trademarks in virtually every developed country.  It therefore comes as no surprise that Playboy Enterprises Inc. took issue when Michael Ross a property-developer in London, decided to register the domain name “Playboy.london.” Playboy won the initial lawsuit, filed with the World Intellectual Property Organization (WIPO). However, Mr. Ross filed a subsequent suit in the UK, which has yet to be decided, attempting to block implantation of the adverse WIPO ruling.

A current trend is to use common words as domain names, such as “.tech” or “.london.”  As Web domains begin to collide with Trademark law, lawsuits like the one here should be seen with increasing regularity.

For the complete story, including a brief summary of the WIPO ruling, visit Bloomberg News.
By Nathaniel DeLucia

Leading members of both houses of Congress have come together to express their concern over the proposed changes to the Lisbon Agreement that would grant more protection for geographical Indications of Origin (GIs).  The US is upset over this development for two reasons.  First, WIPO, the organization that oversees the Lisbon Agreement, is allowing a small group of members to enact these changes without participation of a large number of other countries, including the US.  This is in contrast with the WIPO’s general policy of allowing all members to fully participate in any negotiations resulting in a substantial revision of a treaty.  Second, stronger GIs will likely hurt US businesses by preventing, for instance, the use of “parmesan” on cheese unless it comes from a specific region of Italy or “champagne” on sparkling wine unless it comes from France.


For a complete discussion of the US’s objections see IP-Watch’s story, located here.
By Nathaniel DeLucia

One of the most important discussions in international and United States law is currently underway, although most Americans probably have no idea, that of patent law reform.  Yes I know, patent law is not nearly as sexy as “counter-terrorism” or “Ebola” (though this does involve patent law as I will explain later).  However, the recent trend to reform and unify the world’s patent laws has the potential to have a tremendous impact on international trade.

Last month, the world’s top IP leaders (the U.S., Japan, Korea, China, and the EU) announced efforts to reduce differences in patent laws. 


Before we dive into current events, it’s important to get some background information.  To start, patent law is fundamentally a matter of domestic law; each country has its own patent laws and its own patent system.  Thus, if a company wants protection in multiple countries, they will have to file patent applications in each relevant country.  
By Nathaniel DeLucia

At the annual General Assembly of the World Intellectual Property Organization (WIPO), world IP leaders met to discuss a proposed amendment to the Lisbon Agreement.  The Lisbon Agreement authorized the WIPO to grant protection to member countries for appellations of origin (AO), as a form of intellectual property.  The proposed amendment would expand protections to include geographical indications (GIs) and allow international organizations to join the Lisbon Agreement. 

For complete coverage of the controversy, see Intellectual Property Watch’s article, located here.
By Nathaniel DeLucia

The World Intellectual Property Organization (WIPO) created the Medicines Patent Pool in 2010 to bring HIV medicine to developing countries at affordable prices.  Now, at the annual General Assembly of the WIPO, the organization is considering expanding the program to fight other diseases.

The patent pools provide a centralized location for numerous patent owners and generic companies to meet and trade.  The result is easier negotiations, leading to more license agreements and, ultimately, lower prices.

For more information on these potential patent pools, see Intellectual Property Watch’s article, located here.
By Nathaniel DeLucia

Representatives from Japan, China, Korea, the US, and the EU, referred to as the IP5, met this past week at the annual General Assembly of the World Intellectual Property Organization to discuss ways the various countries could coordinate their patent laws. Discussions included the creation of a centralized database accessible by patent examiners in every country.

For the complete story and list topics that were discussed, see Intellectual Property Watch’s article, located here.