[A2k] GRULAC recommendations to Working Group to the PCT Assembly

[Thiru Balasubramaniam]

http://www.keionline.org/blogs/2009/05/07/grulac-recommendations-to-working-group-to-the-pct-assembly/

GRULAC recommendations to Working Group to the PCT Assembly
By thiru, on May 7th, 2009

Today is day four of the second session of the International Patent
Cooperation Union (PCT) Working Group of the Patent Cooperation Treaty
(PCT) taking place at WIPO. Here below are the suggestions of the
Group of Latin American and Caribbean Member States (GRULAC) would
like to be incorporated into the recommendation of the Working Group
to the PCT Assembly.The Members of GRULAC that are contracting-parties
to the PCT Treaty suggest the addition of the following elements into
the recommendation of the Working Group to the PCT Assembly.

The PCT system can and should function in a more efficient and
responsive way to member-countries, users and third parties demands.

Discussions or further work for improving and reforming the PCT system
must not lead to patent harmonization, nor diminish national patent
offices current leeway to interpret and apply the three substantive
patentability criteria (novelty, inventive step and industrial
applicability). Neither must it undermine national patent offices
autonomy to disagree with international search and examination reports.

Discussions or further work for improving and reforming the PCT system
must be underpinned by a broad and extensive study aimed at
identifying, analyzing and suggesting: (i) the background of the PCT
reform process; (ii) the problems affecting the functioning of the
system as well as their respective causes; (iii) options of
ameliorating the system; (iv) the impact of a reform; and (v) the
extension of the concepts contained in document PCT/WG/2/3.

Independent inventors, small-scale research institutions and small and
medium-sized enterprises located in developing countries must be
encouraged to increase their use of the PCT system through effective
measures, such as fee reductions and capacity-building.

Discussions or further work for improving and reforming the PCT system
must take fully into account the Development Agenda and its 45 agreed
recommendations.

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


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