IPC showcases India's Regulatory Excellence at WHO Meeting in Nepal (See 'Corp Brief') GI & Beyond 2.0 Summit showcases India's GI-tagged Handloom and Handicraft Products (See 'Corp Brief') IPR - Registration of defendant's trademark does not bar passing off action where plaintiff establishes prior goodwill, misrepresentation and likely damage: HC (See 'Legal Desk') CCI approves combination of many entities into InterGlobe Hotels (See 'Corp Brief') A&C - In international commercial arbitration seated in India, ground of ‘patent illegality' u/s 34(2A) is expressly excluded: HC (See 'Legal Desk') House Panel deliberates on strengthening Human-Wildlife Conflict Mitigation through Technology (See 'Corp Brief') Misc - A minor admitted to benefits of partnership firm is not personally liable for debts or liabilities incurred by firm during age of minority - ergo, bank communication declaring minor as wilful defaulter is invalid: HC (See 'Legal Desk') PM-PRANAM Promotes Balanced Use of Fertilizer, Organic Farming (See 'Corp Brief') On International Clouded Leopard Day, India strengthens Conservation through Dedicated Action Plan (See 'Corp Brief') Companies Act - Solely because a private bank carries on banking operations as scheduled bank or is bound to follow regulatory guidelines issued by the RBI, it does not acquires character of a statutory body: HC (See 'Legal Desk') C-DAC and GSI sign umbrella MoU to strengthen Geoscience & Mineral Exploration (See 'Corp Brief') IPR - Test for 'efficacy' u/s 3(d) of Patents Act is not limited to 'therapeutic efficacy' for all substances: HC (See 'Legal Desk') Dipka OC: Powering India's Growth through Scale & Efficiency (See 'Corp Brief') IPR - U/s 9(1)(a) of Trade Marks Act, correct legal test is whether applied mark possesses 'distinctive character', means if it is capable of distinguishing applicant's goods from those of others - YES: HC (See 'Legal Desk') Union Minister inaugurates Centre of Excellence for Handloom Technology at IIT Delhi (See 'Corp Brief') IBC - Private bank's commercial decision on debt assignment or settlement, even if regulated by RBI norms, remains private banking transaction and does not satisfy function test for writ maintainability: HC (See 'Legal Desk') Mandaviya felicitates Commonwealth Games 2026 Weightlifting medallists with cash rewards (See 'Corp Brief') Sonepur Bazari OCP: Setting New Benchmarks in Coal Production (See 'Corp Brief') IPR - In absence of evidence showing acquired distinctiveness or secondary meaning, descriptive mark could not validly remain on Register: HC (See 'Legal Desk') KCC-MISS has positively impacted Cropping Intensity and Multi-Season Cultivation (See 'Corp Brief') Disciplinary case pendency reduced from over 4,000 to 700: MoS (See 'Corp Brief') Limitation - Single Judge rightly declined to exercise writ jurisdiction in a matter which essentially involves contractual obligations & involves disputed issues of fact: HC (See 'Legal Desk') Handloom Hackathon 2.0 concludes at IIT Delhi (See 'Corp Brief') MoS reviews status of Ujh Multipurpose Project in Jammu & Kashmir (See 'Corp Brief') Exhibition open to visitors from 6 to 19 August (See 'Corp Brief') Tete-a-tete around AI in banking sector often begins with algorithms (See CORP EINSICHT) IBC - Insolvency cannot be used as substitute for debt recovery or to settle complicated shareholder battles: NCLT (See 'Legal Desk') Ministry of Textiles to celebrate 12 th National Handloom Day on 7 August (See 'Corp Brief') Railways approves Extension of Daily Ludhiana-Jakhal Passenger Train up to Jind (See 'Corp Brief') Catch the Rain in Odisha: From Awareness to Groundwater Recharge (See 'Corp Brief') IBC - Unregistered lease deed cannot be relied upon to establish substantive leasehold rights or duration of tenancy: NCLT (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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