[A2k] India, Indonesia, Philippines, Sri Lanka, South Africa, Egypt: Consolidated proposals for Chair's Summary

[Thiru Balasubramaniam]

http://www.keionline.org/blogs/2009/05/08/india-indonesia-philippines-sri-l=
anka-south-africa-egypt-consolidated-proposals-for-chairs-summary/

India, Indonesia, Philippines, Sri Lanka, South Africa, Egypt:
Consolidated proposals for Chair=92s Summary


May 8, 2009

The following text was submitted by the Like-Minded Group (India,
Indonesia, Philippines, Sri Lanka, South Africa, Egypt) on Friday, 8
May 2009, for consideration by the PCT Working Group.  It is a best
endeavor to consolidate the four proposals made yesterday by the
African Group, Group B, GRULAC and the aforementioned like-minded Group.

CONSOLIDATED PROPOSALS FOR CHAIR=92S SUMMARY

The second session of the PCT Working Group recognized the willingness
of all Contracting Parties to continue efforts to improve the working
of the PCT system within the existing legal framework, in order to
meet the needs and enhance the acceptability of the PCT system to all
applicants, Offices, third parties and the general public.  In this
context, the Working Group took note of the proposals in the draft
Roadmap on =92The Future of the PCT=92 and the discussions thereon.

2.    The Working Group acknowledged certain concerns expressed by
many Member States with regard to the draft Roadmap, and agreed that
further work on improving the PCT system should be underpinned by a
broad and extensive study, factoring in, but not limited to, the
following elements:

(i)  outlining the background of the PCT reform process;

(ii) identifying the existing problems and challenges facing the PCT
system;

(iii) analyzing the causes underlying the problems;

(iv) identifying possible options to address the problems;

(v) evaluating the impact of the proposed options; and

(vi) defining and clarifying concepts, such as =91duplication of work=92,
=91unnecessary actions=92 etc.

3.    The Group agreed that any further work in this regard should
adhere to the following Terms of Reference:

(i) It should focus on the international phase and not diminish, in
any manner, the right of Contracting States to prescribe, interpret
and apply substantive national conditions of patentability, nor
undermine national or regional patent offices=92 autonomy to disagree
with international search and examination reports;

(ii) It should not lead to substantive patent law harmonization or
harmonization of search and examination procedures;

(iii) It should fully take into account the Development Agenda
recommendations, particularly recommendations 15, 16, 17, 20, 21, 22
and 44;

(iv) It should be a member-driven process, involving broad-based
consultations with all stakeholder groups. The Secretariat (can) may,
(whenever) wherever possible, organize regional information workshops
to share national experiences and discuss practical proposals for
implementation, with the participation of all stakeholders. The
outcomes of these workshops shall be submitted to member states with
the clear understanding that substantial discussions would take place
in the relevant WIPO bodies in Geneva;

(v) It should encourage global innovation by enhancing PCT access for
independent inventors and small and medium sized enterprises,
particularly those in developing countries and LDCs, through fee
reduction and capacity building measures; and

(vi) Provide technical assistance for national and regional offices of
developing countries and LDCs in order that they may have benefit
fully from the PCT system, particularly by facilitating participation
of representatives from the Offices in the various PCT meeting.

*******
8 May 2009 as of 10.15

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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