International Ip Developments

• Publication year: 2014
• Author: AURELIA J. SCHULTZ

International IP Developments

AURELIA J. SCHULTZ

Schultz Law Office

This second quarter of 2014 saw a flurry of activity in the international IP arena, with many treaty updates and new national laws and amendments that can affect how California companies do business with and in the relevant countries.

AFRICAN ADDITIONS TO UPOV AND MADRID

OAPI (Organisation Africaine de la Propriété Intellectuelle or African Intellectual Property Organization), the 17-member group of French-speaking African countries announced plans to join Madrid.¹ The addition of this regional organization would bring the number of countries party to the Madrid Protocol over 100.² OAPI provides a centralized process for issuing trademarks and patents across its member countries.³ In that respect, it functions like a mini-Madrid where one registration grants protection in multiple countries. However, it differs from Madrid in that there are no separate underlying national registration systems.⁴ The Organization has already begun the work necessary to bring its agreements in-line with Madrid and is receiving a helping hand in this process from WIPO (the World Intellectual Property Organization), which oversees Madrid.⁵ Once OAPI is officially part of Madrid, American companies wishing to register their marks in any of the OAPI countries can simply indicate OAPI on their Madrid Forms.⁶

In addition to moving towards joining Madrid, OAPI also joined UPOV (Union for the Protection of New Varieties of Plants) as of July 10th of this year.⁷ UPOV is a convention on protecting plant varieties. Member states enact domestic laws that provide plant breeder's rights, rather akin to patent rights. These rights give the plant breeder full legal control over seeds containing their protected material.⁸ OAPI already had regulations in-line with UPOV requirements, so there was no need for any updates upon joining the convention.⁹

INCREASED INTERNET PRIVACY IN BRAZIL

Across the Atlantic, Brazil enacted a new internet bill in April, 2014 called Marco Civil da Internet. Marco Civil covers privacy rights and aims to protect internet users' private lives.¹⁰ It protects users' communications and their access to the internet.¹¹ It also requires that all internet connection and application providers are extremely clear about what records they collect from their users and how they use that information.¹² Owners of websites operating in Brazil should check the new regulations to ensure they are complying with the requirements, same as they would for other privacy issues.

ACCESSION TO NOT-IN-FORCE BEIJING TREATY STILL MEANS UPDATES TO COPYRIGHT LAW FOR JAPAN

Continuing our journey west and crossing the Pacific Ocean, Japan joined the Beijing Treaty on Audiovisual Performances this past June.¹³ This accession does require some changes to Japan's copyright law.¹⁴ A notable change mentioned by Japan in its instrument of accession include a change from a right of authorization to a right of remuneration for broadcast use of a work.¹⁵ The Beijing Treaty has not yet entered into force as that requires 30 signatories.¹⁶ However, Japan has already made the updates to its copyright law.¹⁷ The Slovak Republic also recently joined the Beijing Treaty.¹⁸ The Slovak copyright act already provided for remuneration for broadcasting of audiovisual works.¹⁹

CANADIAN MAKES CHANGES TO TRADEMARK LAW

Japan and OAPI are not the only ones updating their laws in anticipation of treaty requirements. Canada recently enacted a new law, commonly called the Economic Action Plan 2014 Act.²⁰ Although the act's official name is focused on budget issues, it includes some big changes for Canadian trademark law.²¹ Division 25 of the act is called...