Latest Updates
Malawi First to Ratify WIPO Treaty on IP, Genetic Resources and Associated Traditional Knowledge
On 5 December 2024, Malawi became the first country to ratify the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, adopted in Geneva on May 24, 2024. To date, 38 WIPO member states have signed the treaty; it will enter into force after 15 countries accede to it.
The groundbreaking treaty addresses the intersection of IP, genetic resources and traditional knowledge, and includes provisions specifically related to indigenous peoples and local communities.
Under the treaty, if a claimed invention is based on genetic resources, applicants are required to disclose the country of origin or source of the genetic resources. Genetic resources, often contained in medicinal plants, agricultural crops, and animal breeds, cannot be directly protected as IP, but inventions developed using them can, most often through a patent.
If the claimed invention is based on traditional knowledge associated with genetic resources, applicants will be required to disclose the indigenous peoples or local community who provided the traditional knowledge.
Some genetic resources are also associated with traditional knowledge through their use and conservation by indigenous peoples or local communities, who are custodians of unique knowledge systems and practices that have been passed down through generations. This knowledge is sometimes used in scientific research and may contribute to the development of a protected invention.
Author: Janet Tomkow-Coetzer
Source: WIPO
WIPO Member States Adopt Riyadh Design Law Treaty
After nearly two decades of negotiations, the World Intellectual Property Organization (WIPO) member states adopted the Riyadh Design Law Treaty on 22 November 2024.
The new treaty is so called in recognition of the city that hosted the final stage of negotiations – Riyadh, Saudi Arabia. The Saudi Authority for Intellectual Property (SAIP) hosted the diplomatic conference from 11 to 22 November 2024, with participation from 193 WIPO member states.
The treaty aims to simplify requirements and registration procedures to make design protection easier, faster, and more affordable. It introduces significant benefits for applicants, including:
- More flexibility in how designs are represented in applications (e.g., drawings, photographs, or videos);
- A possibility to include several designs in a single application, under certain conditions;
- A 12-month grace period following the first disclosure of a design;
- A possibility to keep designs unpublished for at least six months after securing a filing date;
- Relief measures to prevent the loss of rights in case of a missed deadline;
- Simplified procedures for design renewals; and
- The introduction of e-filing systems and the electronic exchange of priority documents.
The treaty will enter into force once ratified by 15 WIPO member states.
By: Sara Omran
Source: WIPO
UA-DRP Extended to New Domain Zones
On 1 November 2024, the .UA Domain Name Dispute Resolution Policy (UA-DRP) became applicable to additional third-level domain zones: <.ORG.UA>, <.KM.UA>, <.KHMELNYTSKYI.UA>, <.KHMELNITSKIY.UA>, <.RV.UA>, <.RIVNE.UA>, and <.ROVNO.UA>. Trademark owners can now address disputes related to these domains through the UA-DRP framework.
Even though all the above-mentioned domain zones are either city/region specific or initially designated for domain names used by organizations (<.ORG.UA>), they are available to both individuals and organizations. The registration is quick and the registrant does not need to provide any evidence that they are acting on behalf of an organization.
The UA-DRP, administered by the WIPO Arbitration and Mediation Center, offers a mechanism similar to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) for resolving domain name disputes. For a complaint to be successful, the complainant must demonstrate that:
- The domain name is identical or confusingly similar to the complainant’s trademark;
- The registrant has no rights or legitimate interests with respect to the domain name; and
- The domain name was registered or is being used in bad faith.
The remedies available to the complainant are the domain name cancellation or its transfer to the complainant.
Since it entered into force on 19 March 2019, the UA-DRP has significantly expanded its applicability. Initially covering second-level domain names under the .UA country-code top-level domain (ccTLD), it was extended to the .COM.UA third-level domain in December 2019, adding eight third-level domains in May 2021 and more than 20 third-level domains in February 2024. The recent inclusion of additional third-level domains reflects ongoing efforts to enhance the protection of intellectual property rights within Ukraine’s domain name system.
Since the UA-DRP became effective, the WIPO Arbitration and Mediation Center considered almost 90 cases, including 12 cases in 2024.
By: Igor Alfiorov
Source: WIPO
Fake Apparel, Footwear Destroyed in Serbia
Over the past year, a representative from CWB office in Serbia co-organized and witnessed eight destructions of a total of 230,000 items, including T-shirts, tracksuits, sneakers, jackets, vests, and socks, found to infringe the Nike®, Converse®, FC Barcelona®, DSquared2®, Hasbro®, Moschino® and other trademarks.
The fake goods were seized in various stores and outlets across Serbia over the past several years by Serbia’s Market Inspectorate authorities. The items were destroyed at the Market Inspectorate’s warehouse in Belgrade, using a machine donated by the EU, and were then disposed of at Belgrade’s city landfill.
By: Mihajlo Zatezalo
