[A2k] KEI oral intervention on patents and standards at WIPO SCP

[Thiru Balasubramaniam]

http://www.keionline.org/blogs/2009/03/25/kei-statement-wipo-sc/

KEI oral intervention on patents and standards at WIPO SCP
By thiru, on March 25th, 2009

Thank you Mr Chair.

We take note of document 13/2=92s assertion that =93inherent tensions
exist between patents and standards=94 particularly when the
=93implementation of a standard calls for the use of technology covered
by one or more patents=94.

For our detailed written comments on the issue of patents and
standards we request the SCP to please consult pages 36 through 39 of
Annex III of document SCP/12/3 Rev.2.

On the topic of patents and standards, we propose the following:

=95 The SCP should gather information and evidence regarding state
practice in terms of obligations to disclose patents on proposed
standards.
=95 To facilitate the information gathering process, the SCP should
develop a questionnaire for WIPO member states.
=95 Innovative businesses and consumers should be given a forum on the
WIPO web page to share their views on the adequacy of the current
systems of managing disclosures.
=95 The SCP should consider a disclosure mechanism based upon the one
proposed in the March 10, 2005 draft of the stakeholder proposal for
an access to knowledge treaty.
=95 The SCP should consider the establishment of a Working Group on
patents and standards.

------------------------------------------------------------


Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org


Tel: +41 22 791 6727
Mobile: +41 76 508 0997