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INTELLECTUAL PROPERTY RIGHTS in PLANT VARIETIES: an OVERVIEW with OPTIONS for NATIONAL GOVERNMENTS By
INTELLECTUAL PROPERTY RIGHTS IN PLANT VARIETIES: AN OVERVIEW WITH OPTIONS FOR NATIONAL GOVERNMENTS by Laurence R. Helfer Legal Consultant FAO LEGAL PAPERS ONLINE #31 July 2002 FAO Legal Papers Online is a series of articles and reports on legal issues of contemporary interest in the areas of food policy, agriculture, rural development, biodiversity, environment and natural resource management. Legal Papers Online are available at http://www.fao.org/Legal/pub-e.htm, or by opening the FAO homepage at http://www.fao.org/, and following the links to the FAO Legal Office Legal Studies page. For those without web access, email or paper copies of Legal Papers Online may be requested from the FAO Legal Office, FAO, 00100, Rome, Italy, dev- [email protected]. Readers are encouraged to send any comments or reactions they may have regarding a Legal Paper Online to the same address. The designations employed and the presentation of the material in this document do not imply the expression of any opinion whatsoever on the part of the United Nations or the Food and Agriculture Organization of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The positions and opinions presented are those of the author, and do not necessarily, and are not intended to, represent the views of the Food and Agriculture Organization of the United Nations. © FAO 2002 FAO Legal Papers Online July 2002 Table of Contents PART I: LEGAL CONCEPTS RELATING TO THE -
The Integration of International and Domestic Intellectual Property Lawmaking
Essay: The Integration of International and Domestic Intellectual Property Lawmaking by Graeme B. Dinwoodie* It is increasingly impossible to analyze intellectual property law and policy without reference to international lawmaking. That is not, however, merely because several recent domestic reforms have been prompted by international developments.1 Indeed, because of significant U.S. influence in the formation of contemporary intellectual property treaties, U.S. law has undergone less change than most in order to comply with newly-assumed international obligations. Nor is it simply because, in an era of global trade and technological advances, a state is unable effectively to regulate economic activity on its own. Rather, the need for a broader awareness flows most directly from the integration of the international and domestic lawmaking processes. Consider this historical example. As nations met in Berlin in 1908 to revise the Berne Convention, the United States received an invitation to attend with “full free- dom of action.”2 Instead, the Register of Copyrights attended only as an observer.3 The reason might now seem unduly quaint. Thorvald Solberg, the Register of Copyrights explained to the Conference that the United States found it impracticable to send a delegate authorized to commit it to actual adhesion to the Berne Convention since some of the questions to be discussed there were pending before the Congress and premature action at the Convention might embarrass the legislative branch of the Government.4 Today, in contrast, there is a conscious blending of domestic and international lawmaking. International lawmaking demands attention to Washington; and domestic lawmaking cannot be conducted without regard for what is going on in Brussels, * Associate Professor of Law, University of Cincinnati College of Law; LL.B., Glasgow University, 1987; LL.M., Harvard Law School, 1988. -
UNDERSTANDING TRADEMARK STRENGTH Timothy Denny Greene
STANFORD TECHNOLOGY LAW REVIEW VOLUME 16, NUMBER 3 SPRING 2013 UNDERSTANDING TRADEMARK STRENGTH Timothy Denny Greene & Jeff Wilkerson* CITE AS: 16 STAN. TECH. L. REV. 535 (2013) http://stlr.stanford.edu/pdf/understandingtrademarkstrength.pdf ABSTRACT Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tendency to signify to consumers a consistent source of the products to which the mark is affixed; and (2) ability to influence a consumer’s purchasing decisions. The stronger the mark, the more uses the mark’s owner may exclude from the marketplace through a trademark infringement or dilution action. We argue that the acquired strength prong is insufficiently theorized and lacking in analytical rigor, which results in inconsistent results as judges in each jurisdiction (and indeed, each judge within a jurisdiction) rely on their own peculiar heuristics for determining whether a trademark is strong or weak. Our goal in this Article is to develop a better understanding of what is at stake when judges and practitioners think about trademark strength and to provide analytical guideposts that judges and practitioners can use to improve outcomes. By describing mark strength in a more articulate, consistent manner we can work towards eliminating inconsistency across circuits, thereby promoting more uniform national application of the Lanham Act. And by predicting accurately how strong a court will hold a mark to be in litigation, practitioners and markholders can better calculate the risk of bringing suit against an alleged infringer (or diluter). * We thank Uli Widmaier and Chad Doellinger for providing vital comments and encouragement in early drafts of this Article. -
Duane Morris Cannabis Trademark and Brand Protection at a Glance
CANNABIS TRADEMARK AND BRAND PROTECTION With an increasing number of states coming “online” with respect to medicinal and adult-use cannabis products, and with the changes in the legality of cannabis extracts (namely CBD) following the 2018 Farm Bill, there is a strategic need for cannabis companies to brand their products and services. The branding of cannabis products and services—as with all products and services—is crucial for garnering consumer recognition, gaining and increasing market share, and attracting investment dollars. Cannabis companies that are developing and strengthening their brand equity now will be best-positioned for the market and legal changes that are sure to come in the future. Duane Morris attorneys work closely with clients operating or looking to operate in a wide array of verticals, and assist with developing brand strategies that make sense for their businesses from both practical and legal perspectives, and in the most cost-efficient manner possible. We’ve helped clients operating in both the medicinal and adult-use spaces in developing and implementing corporate structures that facilitate the growth and marketing of their brands. RANGE OF SERVICES 2018 Farm Bill Spurs Cannabis Trademark Clarification • Brand Clearance In response to the 2018 Farm Bill, the United States Patent • Trademark, Prosecution, Registration and Protection and Trademark Office (USPTO) released an examination • Product Licensing guide aimed at clarifying the procedure for trademarks used • Enforcement in connection with cannabis and cannabis-derived goods and • Trade Secret Protection services. • Intellectual Property Strategy • State, Federal and International Brand Protection Under these guidelines, applications filed before December 20, 2018, that identify goods and/or services encompassing • Advice on Marketability CBD or other cannabis products will be issued a refusal based on unlawful use or lack of bona fide intent to use in lawful LEADERS IN THE FIELD commerce under the CSA. -
A Design for Protection
WTR_38 Paginated - 1_WTR 22/06/2012 14:54 Page 102 Co-published editorial Uhthoff, Gomez Vega & Uhthoff A design for protection Mexican legislation does not prohibit the accumulation of rights; thus, a rights holder should seek to protect all elements contained in its trade dress in order to cover as much as possible A ‘design’ is defined as a combination of distinctive as they merely described the which it identifies and distinguishes its lines, colours and/or patterns brought nature and purpose of the goods seeking goods or services and the way in which it together to create a new design or three- protection. wishes consumers to identify them. dimensional form (3D). In Mexico, designs Bearing in mind that it is obvious that a Unlike designs, trade dress cannot be are covered by various pieces of legislation, design must contain similar features to protected through copyright, since trade and can be protected under the laws relating others of the same type or category in the dress comprises a combination of various to industrial designs, copyright or market to assist in its functionality, this elements. Therefore, if a rights holder trademarks. approach cannot be justified. Therefore, it wishes to apply for a copyright in order to The Patent Law establishes that designs has become unreasonable for the Mexican protect its trade dress or the elements can be protected through industrial design Trademark Office to consider that the therewith, it must request protection for registrations and may be eligible for distinctive elements of most 3D forms that each individual element and not the item as protection as industrial blueprints, provided have sought registration are insufficient to a whole. -
How Developing Countries Can Manage Intellectual Property Rights to Maximize Access to Knowledge
HOW DEVELOPING COUNTRIES CAN MANAGE INTELLECTUAL PROPERTY RIGHTS TO MAXIMIZE ACCESS TO KNOWLEDGE Edited by Xuan Li and Carlos Correa February 2009 THE SOUTH CENTRE In August 1995, the South Centre was established as a permanent inter-Governmental organization of developing countries. In pursuing its objectives of promoting South solidarity, South-South cooperation, and coordinated participation by developing countries in international forums, the South Centre has full intellectual independence. It prepares, publishes and distributes information, strategic analyses and recommendations on international economic, social and political matters of concern to the South. For detailed information about the South Centre see its website www.southcentre.org The South Centre enjoys support and cooperation from the governments of the countries of the South and is in regular working contact with the Non-Aligned Movement and the Group of 77 and China. The Centre’s studies and position papers are prepared by drawing on the technical and intellectual capacities existing within South governments and institutions and among individuals of the South. Through working group sessions and wide consultations which involve experts from different parts of the South, and sometimes from the North, common problems of the South are studied and experience and knowledge are shared. This South Perspectives series comprises authored policy papers and analyses on key issues facing developing countries in multilateral discussions and negotiations and on which they need to develop appropriate joint policy responses. It is hoped that the publications will also assist developing country governments in formulating the associated domestic policies which would further their development objectives. How Developing Countries Can Manage Intellectual Property Rights to Maximize Access to Knowledge was first published in February 2009 by the South Centre. -
Brand Protection Report
Brand Protection Report Published May 2021 Table of Contents Introduction 3 Robust Proactive Controls 4 Powerful Tools for Brands 7 Holding Counterfeiters Accountable 13 Introduction Amazon strives to be Earth’s most customer-centric company, offering vast selection, low prices, and fast delivery. We deliver on that vision by creating shopping experiences that customers, sellers, and brands can trust. Today, we have more than 300 million active customer accounts and over 1.9 million selling partners worldwide. Many of these selling partners are small and medium-sized businesses, and they represent the majority of physical products sold in our stores. We are proud to help these small businesses thrive and create hundreds of thousands of new jobs in their local communities. In the face of COVID-19, we are grateful that Amazon could continue to serve our customers and selling partners. Customers were able to order and receive what they needed during a global pandemic and our selling partners, in many cases, grew their businesses as their physical storefronts saw decreased sales. The pandemic also attracted bad actors who tried to take advantage of the situation, and despite their attempts, we continued to make strong progress driving counterfeits to zero in our store. In 2020, Amazon invested over $700 million and employed more than 10,000 people to protect our store from fraud and abuse. As a result, the vast majority of our customers continued to only find authentic products in our store. We approach our anti-counterfeiting efforts through three strategies: 1. Robust proactive controls. We leverage a combination of advanced machine learning capabilities and expert human investigators to protect our store proactively from bad actors and bad products. -
Oecd Development Centre
OECD DEVELOPMENT CENTRE Working Paper No. 133 (Formerly Technical Paper No. 133) INTELLECTUAL PROPERTY RIGHTS AND TECHNOLOGY TRANSFER IN DEVELOPING COUNTRY AGRICULTURE: RHETORIC AND REALITY by Carliene Brenner Research programme on: Global Interdependence March 1998 CD/DOC(98)3 TABLE OF CONTENTS ACKNOWLEDGEMENTS ........................................................................... 6 RÉSUMÉ ....................................................................................................7 SUMMARY .................................................................................................7 LIST OF ACRONYMS ................................................................................8 PREFACE ...................................................................................................9 I. INTRODUCTION ...................................................................................11 II. INTELLECTUAL PROPERTY PROTECTION AND PLANTS: FROM HYBRIDISATION TO TRIPS ....................................................13 III. THE FORMS AND SCOPE OF IPRS RELEVANT TO TECHNOLOGY TRANSFER IN AGRICULTURE .......................... 17 IV. THE COMMITMENTS MADE UNDER THE TRIPS AGREEMENT .....................................................................................25 V. TECHNOLOGY TRANSFER IN AGRICULTURE: MECHANISMS AND AGENTS............................................................31 VI. IMPLICATIONS FOR TECHNOLOGY TRANSFER AND INNOVATION IN DEVELOPING COUNTRY AGRICULTURE .... 43 VII. CONCLUDING REMARKS ................................................................51 -
UNU/IAS Report the International Regime for Bioprospecting Existing Policies and Emerging Issues for Antarctica This Report Was Prepared By: Dagmar Lohan Sam Johnston
UNU/IAS Report The International Regime for Bioprospecting Existing Policies and Emerging Issues for Antarctica This report was prepared by: Dagmar Lohan Sam Johnston We thank the following people for valuable contributions made: Mike Richardson Jill Barret Tony Poole Lyle Glowka Sarah Laird Glenys Parry Martin Smith The organisers and participants of the meeting “Bioprospecting in Antarctica” (an academic workshop) For further information, contact: United Nations University Institute of Advanced Studies (UNU/IAS) 5–53–67 Jingumae, Shibuya–ku, Tokyo, 150–8304, Japan Tel +81–3–5467–2323, Fax +81–3–5467–2324 Email [email protected], URL http://www.ias.unu.edu Copyright © 2003 UNU/IAS All Rights Reserved Design by Brechtje Zoet UNU/IAS Report The International Regime for Bioprospecting Existing Policies and Emerging Issues for Antarctica August 2003 Contents 1 Introduction 5 2 Review of Biological Prospecting Activities in Antarctica 6 3 Overview of Biological Prospecting Trends Elsewhere 9 3.1 General Industry Trends 9 3.2 Bioprospecting for Extremophiles 10 4 Bioprospecting and the Antarctic Treaty System (ATS) 11 4.1 Legislative Background 11 4.2 Activities of ATS Bodies 13 5 International Policies Governing Bioprospecting Activities 15 5.1 United Nations Convention on the Law of the Sea (UNCLOS) 15 5.2 The Convention on Biological Diversity (CBD) 17 5.3 World Intellectual Property Organization (WIPO) 18 5.4 International Treaty on Plant Genetic Resources for Food and Agriculture 19 5.5 The World Summit on Sustainable Development 19 6 Conclusion 20 7 Epilogue 22 Endnotes 23 1 Introduction An increasing amount of the scientific research on the flora and fauna of Antarctic is underway with a view to identifying commercially useful genetic and biochemical resources. -
Industrial Property Code Decree-Law Nº 97/99/M of 13 December 1999
MACAO Industrial Property Code Decree-Law Nº 97/99/M of 13 December 1999 TABLE OF CONTENTS* PREAMBLE Article 1. Adoption of the Industrial Property Code Article 2. Industrial property rights under the previous law Article 3. Processes stemming from the National Institute of Industrial Property Article 4. Watch Committee Article 5. Amendments to the Code Article 6. Repeal of prior legislation Article 7. Entry into effect PART I - GENERAL PROVISIONS CHAPTER I - GENERAL PROVISIONS Article 1. Adoption of the Industrial Property Code Article 2. Subjective scope Article 3. Objective scope Article 4. Territorial scope Article 5. Content of industrial property rights Article 6. Proof of industrial property rights Article 7. Temporary protection for compensation purposes Article 8. Jurisdiction Article 9. General grounds for refusal Article 10. Publication of acts and decisions Article 11. Assignment of industrial property rights - nature and forms Article 12. Contractual licences Article 13. Privileges and limitations of the licensee Article 14. Garnishment, attachment and pledge CHAPTER II - PRIORITY RIGHT Article 15. Priority claim Article 16. Priority right Article 17. First application Article 18. Proof of priority right CHAPTER III - ADMINISTRATIVE PROCEDURES Article 19. Entitlement to file Article 20. Entitlement to take action Article 21. Applicant not domiciled, registered or established in the Territory Article 22. Access to the processes Article 23. Printed forms and formal documentary requirements Article 24. Rectification of application Article 25. Rectification Article 26. Recognition of signatures Article 27. Notifications Article 28. Copies of the expositions Article 29. Compilation and return of documents Article 30. Inspections Article 31. Unofficial amendment of the decision Article 32. -
Best Practices for Intellectual Property Protection in China
Best Practices: Intellectual Property Protection in China ntellectual property (IP) is a longstanding, discovered. To protect their IP in China, companies critical concern for companies operating in should follow several steps: IChina . IP enforcement has consistently placed among the top handful of issues raised by US- Craft and Implement a Corporate China Business Council (USCBC) member IP Strategy in China companies every year in USCBC’s annual membership survey. Concern about IP • Conduct an initial audit of the company’s enforcement remains a major factor influencing China operations to determine IP assets, IP company strategies and operations in China. risks, and assign appropriate levels of China’s IP laws and regulations increasingly reflect protection to those assets based on the risk of international standards, and China has indeed infringement. made steady efforts to better protect and enforce IP • Review the company’s internal IP controls to rights. However, challenges remain, including determine whether they provide sufficient lingering issues with China’s IP legal framework in protection. Make adjustments based on the IP areas such as trade secrets, uneven enforcement, audit, and dedicate resources in alliance with and significant procedural barriers that frustrate the company’s IP protection goals. company efforts to protect IP in China. At the same time, counterfeiters and infringers in China are • Classify IP-relevant information according to increasingly sophisticated. They often exploit its level of sensitivity, and integrate that procedural loopholes, proactively seek to classification into information control and invalidate legitimate patents and trademarks, operational procedures. deploy advanced techniques such as reverse • Make IP protection a core responsibility of the engineering, and find new ways to infiltrate entire China management team, not merely a legitimate distribution networks and build their function of the legal or brand protection teams, own parallel networks. -
2001) (PDF, 395 KB, File Does Not Meet Accessibility Standards.
Quality Control - International 12 – 14 February 2001 PROCEEDINGS OF THE 23rd GEISENHEIM MEETING 12. – 14. February 2001 International training course for quality inspectors for fruit, vegetables and ware potatoes ______________________________________________________________ Organizers: Regierungspräsidium Gießen Dezernat 29/114, Wetzlar Bundesanstalt für Landwirtschaft und Ernährung, Referat 323 - Qualitätskontrolle, Qualitätsnormen, Frankfurt am Main TABLE OF CONTENTS Page 1 Standard Interpretation and Quality Control - Answers to questions asked by control services 20 Opening address 23 Regulation No. 2251/92: Goals and aims of the current reform 27 Quality Assurance System - The new controlling system of KCB 31 New Methods to Determine Fruit Quality 33 The Prospective Accession of Hungary to the EU seen by a Hungarian Producer Organisation 37 EC Quality EC-Marketing Standard for Onions 39 Results of Sample Assessment for Onions 40 Isotope Analysis as a means of tracing the origin of Onions and Potatoes 45 EC-Marketing Standard for Melons 50 Results of Sample Assessment for Melons 51 Melon Types of Importance in Spain 56 Melon Types of Importance in France 59 Melon Varieties in Israel 61 Melons from Turkey: Main Types and their Characteristics 69 List of Participants ____________________________________________________________________ Editors: Erik Schneider, BLE, Frankfurt am Main LD Gert Pingel, RP Gießen, Wetzlar Translation: Jutta Himmelreich, BLE, Frankfurt am Main Erik Schneider, BLE, Frankfurt am Main 1 Standard Interpretation and Quality Control - Answers to Questions asked by Control Services Bärbel Jacobs, David Holliday, Wilfried Staub 1. Tomatoes What is the minimum acceptable coloration for tomatoes? Both the EU quality standard and the OECD standard state that the development and condition of tomatoes must be such as to enable them: - to withstand transport and handling, and - to arrive in satisfactory condition at the place of destination.