[A2k] WIPO indicative draft outline: Survey of International Patent Issues

[Thiru Balasubramaniam]

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The following indicative list of issues will be examined by WIPO Member
States at the General Assembly this year.  What is at stake is what
direction the WIPO Standing Committee on Patents (SCP) will take in the
near future.  Some encouraging signs below are the inclusion of items
on licensing and technology transfer, standards, innovation incentives
in the context of public policy including health and an examination on
litigation and cost as "perceived threats to the effectiveness of
patents as incentives to innovation".


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Survey of International Patent Issues
Indicative draft outline



I.	Introduction: Scope of Survey and Sources of Data

II.	The Current Multilateral Framework

	a. Existing International Instruments

		i. Paris, Strasbourg (IPC), PCT, Budapest, PLT, TRIPS

	b. Framework Principles

		i. Paris
		ii. TRIPs

	c. Substantive Norms and Flexibilities

		i. Paris
		ii. TRIPs

	d. Formalities

		i. PLT (and PCT)

	e. Administrative Cooperation

		i. IPC and Budapest

	f. International Filing and Processing System

		i. PCT

III.	Different Interests and Needs in the International Patent System

IV.	Patent Systems and Existing Forms of Cooperation

	a. The Application

	b. Search and Examination

	c. Opposition

	d. Issues in Contention: demand management; prior art; subject-matter
coverage and 	exclusions; quality; obviousness; exceptions (including
research exemption)

V.	Support Structures for the Patent System

VI.	Technology Disclosure through the Patent System

VII.	Technology Diffusion and the Patent System

	a. Licensing and the Transfer of Technology

	b. Standards

VIII.	The Innovation Incentive in the Context of other Public Policies

a. Health

	b. Biological Diversity

	c. Traditional Knowledge

	d. Ethics

IX.	Perceived Threats to the Effectiveness of Patents as Incentives to
Innovation

	a. Litigation

	b. Cost



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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
voice +41.22.791.6727
fax +41.22.723.2988
mobile +41 76 508 0997
thiru@keionline.org
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