PM Vishwakarma Scheme rolls out in West Bengal (See 'Corp Brief') NHAI extends 'Clean Toilet Picture Challenge' till 30th June 2027 (See 'Corp Brief') IPR - Statutory timelines for entering national phase and requesting examination under Patents Act are rigid, mandatory, and cannot be extended: HC (See 'Legal Desk') NICDC organises Cross-Learning Site Visit to AURIC Smart City (See 'Corp Brief') IPC and CSIR-CIMAP renew collaboration to advance Medicinal Plant Research (See 'Corp Brief') PMLA - ED can validly attach specific commercial units equivalent to value of diverted crime proceeds regardless of whether entity was named in predicate FIR: SAFEMA (See 'Legal Desk') CCI approves acquisition of 100% equity share capital of NCR Atleos Corporation (See 'Corp Brief') Chouhan to provide relief to Totapuri mango farmers of AP, TN and Karnataka (See 'Corp Brief') IPR - In passing off action, plaintiff must prove not only similar name but actual misrepresentation and strong likelihood of consumer confusion: HC (See 'Legal Desk') 3.75 Lakh Students and Researchers Benefited Under INSPIRE Programme: MoS (See 'Corp Brief') NHAI strengthens Framework for Engaging Professionals in Highway Consultancy (See 'Corp Brief') IPR - Passing off action can be seamlessly expanded into infringement action if they share common factual foundation: HC (See 'Legal Desk') Expanded BRICS represents Opportunity to shape the Future of Global Health (See 'Corp Brief') IBC - Disputes involving 'rights in rem' that affect overarching corporate structure and public interest, cannot be settled in private arbitration: NCLT (See 'Legal Desk') NHAI to share Data with Govt Research Institutions (See 'Corp Brief') 42.7 LMT of urea secured through Global Tenders to Strengthen Supply Chain (See 'Corp Brief') SARFAESI - State cannot 'chase' asset once it has been legally sold to third-party auction purchaser by secured creditor enforcing its priority rights: HC (See 'Legal Desk') PMJDY records 58.63 Cr Accounts with Deposits Exceeding Rs.3 Lakh Crore (See 'Corp Brief') Misc - Definition of 'public authority' under RTI Act includes any non-governmental body that is 'substantially financed' by government: HC (See 'Legal Desk') IICA inaugurates 8th Batch of its Flagship Post Graduate Insolvency Programme (See 'Corp Brief') IBC - Creditor cannot obstruct going-concern liquidation sale if they fail to comply with mandatory procedural requirements of insolvency: NCLAT (See 'Legal Desk') NHAI enhances Digital Services on RajmargYatra Mobile App (See 'Corp Brief') A&C - If guarantees were contractually agreed substitute for cash deductions, it should ideally remain in place to secure interests until final resolution: HC (See 'Legal Desk') Govt, RBI strengthen Fintech Ecosystem with Enhanced Regulatory Frameworks (See 'Corp Brief') Govt modernising official statistical system through greater use of digital technologies (See 'Corp Brief') NI Act - In complaint u/s 138 filed by company, substitution of company's AR is legally permissible, and non-examination of first AR cannot, by itself, be treated as fatal defect leading to acquittal: HC (See 'Legal Desk') 58 Leaders from 40 Political Parties attended Meeting (See 'Corp Brief') Odisha's New Coastal Highway: A Gateway to Spiritual Journeys (See 'Corp Brief') IBC - Foreign subsidiary assets must remain separate from parent company's insolvency proceedings: NCLAT (See 'Legal Desk') Vaishnaw flags Off Ramnagar-Dehradun Express (See 'Corp Brief') Centre provides extended Relief Window for Select Solar Projects up to December (See 'Corp Brief') Arbitration and Conciliation - A supervisory court lacks power to modify an award or grant fresh substantive reliefs, rendering petitioner's prayer for active domain transfer legally unmaintainable: HC (See 'Legal Desk') Vivek Nishant Nath takes charge as Director (Commercial), NMDC (See 'Corp Brief') Aadhaar App crosses 40 Million Downloads, Driving Convenient Digital Identity Services (See 'Corp Brief') Arbitration - Scope of interference under Section 37 of the Act is highly circumscribed & does not permit re-appreciation of evidence or fresh factual determination on matters of accounting: HC (See 'Legal Desk') Tech Innovation and disruption in Construction Industry (See 'CORP EINSICHT')

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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