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In infringement action u/s 29(2)(b) of Trade Marks Act, where marks are similar but not identical, burden lies strictly on plaintiff to establish that similarity is likely to cause confusion: HC (See 'Legal Desk') Competition - Business model of online food delivery inherently differs from direct restaurant sales - price differential between two does not per se establish abusive conduct per the Competition Act: CCI (See 'Legal Desk') Partnership to Enable Voice-First, Multilingual AI for Citizen-Centric Governance (See 'Corp Brief') Union Minister of Textiles inaugurates IIHT SUTRA 2026 (See 'Corp Brief') CPC - Injunction granted in respect of certain clothing brands which their owner explicitly admitted to being deceptively similar to existing brands & where defendent attempts to skirt its contractual obligations with the plaintiff by making microscopic variations in its brand: HC (See 'Legal Desk') Over 50,000 saplings planted Across 31 States on Hariyali Amavasya (See 'Corp Brief') FEMA - Appellants contravened provisions by failing to realise & repatriate export proceeds within prescribed period - penalties on directors upheld: SAFEMA (See 'Legal Desk') India reaffirms Commitment to Elephant Conservation on World Elephant Day 2026 (See 'Corp Brief') Competition Act - High win rate by itself, unsupported by evidence of coordinated bidding, bid rotation, or anti-competitive agreements, does not establish bid rigging u/s 3(3)(d) of the Act: CCI (See 'Legal Desk') Ministry of Textiles to Celebrate Women Weavers Through 'Srijan: Voices from the Loom' (See 'Corp Brief') IBC - It is impermissible for NCLT to examine merits of dispute while considering application for CIRP u/s 9 by operational creditor: SC (See 'Legal Desk') Bharat Pashudhan and NFDP expand Digital Access, Services and Support for Farmers (See 'Corp Brief') Companies Act - It cannot be expected that registering authority would, in every case, independently identify whether every newly registered company name is identical with or similar to existing company name: HC (See 'Legal Desk') PDUNASS inaugurates Joint EPFO-ITC-ILO Training Programme (See 'Corp Brief') Patents - 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WTO Members witness trial launch of e-TRIPS gateway

Published: Jun 13, 2019

By TIOLCORPLAWS News Service

GENEVA, JUNE 13, 2019: THE WTO members recently saw the trial launch of the e-TRIPS gateway, the online information portal that allows members to search and extract the full range of TRIPS information managed by the WTO Secretariat, at the meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) on June 6. Under newly-elected chair Ambassador Lundeg Purevsuren of Mongolia, members also discussed IP policies on branding, creative industries and public-private partnerships under the theme of IP and innovation.

The WTO Secretariat provided an update on the e-TRIPS project, which aims to streamline and bring up to date the information services the Secretariat provides to WTO members. It comprises two separate but integrated online tools – first, the e-TRIPS Submission System, a means for submitting TRIPS notification and review material; and second, the e-TRIPS gateway, which provides a wide range of opportunities for delegates to access and make use of TRIPS information.

Regarding the e-TRIPS Submission System, launched after the previous meeting of the TRIPS Council on February 13, the Secretariat said it is now ready to be used in the three WTO official languages: English, French and Spanish. To date, over 35 members have requested login credentials and the Secretariat will continue assisting delegates in Geneva and capital-based officials in its practical use.

Concerning the e-TRIPS gateway, the Secretariat informed the Council that a beta version of the gateway will be released in the coming weeks for testing by delegations. Upon completion, the e-TRIPS gateway will be integrated into the WTO website and open to the public. The new portal will make it a lot easier for delegates (and eventually for the public) to quickly research, retrieve and analyze TRIPS-related data. A demonstration of the e-TRIPS gateway highlighted its key features.

The Secretariat acknowledged the helpful feedback and collaboration of many delegates who over an extended development process have helped to shape and refine the different elements of the e-TRIPS project.

IP and innovation

WTO members continued discussions on the role intellectual property (IP) plays as a driver for more inclusive innovation. They specifically reflected on IP and innovation in the context of branding and creative industries, taking into account various forms of public-private partnerships in IP promotion. Part of the series of TRIPS Council discussions on IP and innovation launched in 2012, this theme was put on the agenda at the request of Australia, Canada, Chile, the European Union, Japan, Korea, Singapore, Switzerland, Chinese Taipei and the United States.

Proponents noted the importance of exploring the role of creative industries and branding in a context where it is widely recognized that 'innovation' is not limited to 'inventions'. Rather, as defined by the World Intellectual Property Organization (WIPO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO), it encompasses "the implementation of a new or significantly improved product (good or service), or process, a new marketing method, or a new organizational method in business practices, workplace organization, or external relations".

Acknowledging that developing economies' participation in trade in creative goods has increased, and that 68 per cent of the world population is projected to live in urban areas by 2050, proponents said that a resilient innovation policy should include specific regional and rural branding and promotion strategies to respond to changing economic and geographic contexts.

Examples were provided on how the public sector can support the private sector through branding and promotion strategies at national and regional level, on the role intellectual property rights (IPRs) should play in the context of local innovation and public-private collaboration, as well as on the experience of creating innovative business models utilizing local IPRs.

Several members highlighted that creative industries, including the performing and literary arts, and the design, media and entertainment industries, play an important role in contributing economic value and in enriching culture. However, since many artists and small and medium-sized enterprises (SMEs) are not familiar with their IPRs and how to use them to grow their businesses, this is where the public sector can support them in protecting and using IP, as well as through promotion strategies and IP management, proponents added.

Recognizing that IPRs provide an incentive to innovation, some members emphasized that they are only effective in certain contexts and stressed the need to strike an appropriate balance between providing incentives for innovation and ensuring that resulting advantages contribute to the societal benefit in an equitable manner.

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