National Biodiversity Authority releases Rs 18.3 Lakh to Committees in UP and Sikkim (See 'Corp Brief') IBC - Section 16(2) of IBC clearly requires the IRP to be appointed as suggested by Financial Creditor or Corporate Debtor & such provision does not allow any deviation: HC (See 'Legal Desk') Kurian calls for active registration under NFDP (See 'Corp Brief') PMLA - Provisions of PMLA over other statutes related to property encumbrances; attachment of property is tenable where it is acquired through proceeds of crime: SAFEMA TRIBUNAL (See 'Legal Desk') DPIIT, Primus Partners Pvt. Ltd. ink MoU to bolster startup ecosystem (See 'Corp Brief') PBPT Act - a land sale is indeed a benami transaction, where payment is made by beneficial owner for future benefit of her family, while land is registered in name of somebody else: SAFEMA Tribunal (See 'Legal Desk') DPIIT, Kotak Mahindra Bank ink MoU to enhance financial & non-financial support for startups (See 'Corp Brief') IBC/RTI - CPIO not required to generate, interpret, or explain records; appeal against FAA's order is not tenable where all relevant information is provided: IBBI (See 'Legal Desk') Centre plans inspection drives and field verification to ensure compliance (See 'Corp Brief') India continues to rank 3rd in Annual Forest Gain (See 'Corp Brief') RERA - Promoters are mandatorily required to comply with statutory condition of pre-deposit u/s 43(5) of Real Estate (Regulation and Development) Act, 2016 before appeal can be entertained: HC (See 'Legal Desk') Government intervention and Corporate governance (See CORP EINSICHT) Prof Sood launched 'AI Playbooks for Agriculture and SMEs' (See 'Corp Brief') SARFAESI - Once scheme of arrangement is sanctioned in particular manner and is acted upon, it is no longer permissible for secured creditor to resile therefrom unilaterally: HC (See 'Legal Desk') CCI nod to Setu AIF Trust to acquire stakes in Edelweiss Asset & Edelweiss Trusteeship (See 'Corp Brief') IPR - Mere adoption of product-by-process format would not result in novel product being downgraded to Section 48(b) of Patent Act: HC (See 'Legal Desk') CSIR hosts Capacity Building Workshop for Dissemination of Indian Knowledge System (See 'Corp Brief') Competition Act - issues pertaining to unauthorized business operations, public health & regulatory violations, not demonstrating any anti-competitive agreement or concerted action u/s 3 of the Act, cannot be looked into by CCI: CCI (See 'Legal Desk') 12 lakh Railway Employees working Day and Night during Festive Season: Vaishnaw (See 'Corp Brief') A&C - Restrictions contained in Code of Civil Procedure apply even in cases relating to enforcement of foreign arbitral awards: HC (See 'Legal Desk') Ministry of Mines introduces Timelines to Fast-track Operationalisation of Auctioned Blocks (See 'Corp Brief') RTI/IBC - Mechanism of the RTI Act cannot be commandeered for grievance redressal, policy suggestions, or compelling interpretations of prior responses: IBBI (See 'Legal Desk') Supreme Court Restores JSW's Resolution Plan in Bhushan Power Case: A Pragmatic Turn in IBC Jurisprudence (See CORP EINSICHT ) BSNL turns profitable after 18 Years: Scindia (See 'Corp Brief') IBC - Withdrawal of CIRP cannot be permitted merely on the basis of a unilateral settlement with one minor creditor, particularly when other bigger Financial Creditors oppose it: NCLT (See 'Legal Desk') Chouhan to meet Ministers of 11 Ministries for 'Pradhan Mantri Dhan-Dhaanya Krishi Yojana' (See 'Corp Brief') SEBI - PayTM founder held guilty of circumventing SEBI regulations to unlawfully grant ESOPs to self and brother by mis-representing promoter status and control - contravened disclosure & eligibility norms of SEBI - barred from accepting ESOPs for three-year period: SEBI (See 'Legal Desk') NITI Aayog's Women Entrepreneurship Platform and DP World launch 'We Rise' initiative (See 'Corp Brief') A&C - Mere pendency of formal signature by one party, when other party has signed agreement after reading its terms including arbitration clause, does not prevent parties from being referred to arbitration: HC (See 'Legal Desk') MoS unveils Curtain Raiser for 4-day India International Science Festival (See 'Corp Brief') PMLA - Secured creditor such as finance company not left without remedy, where properties acquired even prior to scheduled offence period are attached as value equivalent: SAFEMA Tribunal (See 'Legal Desk')

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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