[Ecommerce] Short note on WIPO Policy Advisory Commission report

[Jeff Williams]

Thiru and all,

  I agree that a "Global patent" would be a laudable goal but if WIPO
is going to create the legal framework I fear it will fail for many obvious
reasons.  Given the less than expectable performance of WIPO, WTC,
and other UN organizations over the past two decades, it is unlikely that
such a concept with current bilateral trade agreements in place or being
negotiated with trade mark and patents an important aspect of these
long term trade agreements, a "Global patent" even if created would
not likely meet the terms of many of these long term trade agreements,
and also be unlikely that the trading partners would be willing to
amend such agreements accordingly in any reasonable time frame.

Thiru Balasubramaniam wrote:

> During the presentation of the report of the WIPO Policy Advisory
> Commission report in the afternoon session of the WIPO General Assembly
> today, a discussion of a "global patent" came up.
>
> Paragraph 31 of WO/GA/31/1 states:
>
> 31. "On the issue of the global patent system, many recognized the value
> of such a laudable goal, and encouraged WIPO to strive towards it.
> Members confirmed that it commonly remained difficult and expensive for
> inventors to obtain patents in the world=92s biggest markets, a state of
> affairs which led to prejudice against the system in both developed and
> developing countries. One member noted that the Patent Cooperation
> Treaty (PCT) did permit multinational patent offices, and that a number
> of these existed around the world. It would therefore not be out of the
> question, and was at the very least worthy of discussion, that WIPO
> itself could (upon the necessary vote of the governing bodies) create an
> international patent examining office; WIPO might not necessarily
> examine the patents itself, it could serve as an umbrella while passing
> on the applications to other examination centers, but it could
> ultimately issue the patent. Inventors would be attracted by the concept
> of a global patent, especially if it were under the umbrella of an
> organization that was considered independent and trustworthy, as WIPO
> was, and the issues of passing up sovereignty would be less burdensome
> to countries concerned by that issue. Furthermore this would create
> another source of income for the Organization, which could be put
> towards other development activities."
>
> -----
>
> Switzerland: The representative from Switzerland noted that future
> thought on a =93world patent=94 is important but is not appropriate for
> WIPO=92s work now. He stressed that the harmonization of patent laws is a
> pre-requisite.
>
> India: The representative from India noted his government's concern that
> the PAC (Para 31, WO/GA/31/1) was considering the establishment of a
> =93global patent.=94 The Indian delegate mentioned a recent TACD meeting =
on
> the "Future of WIPO" in Geneva and noted that there were many
> authoritative experts present at this meeting whose voice should be
> represented at the WIPO Policy Advisory Commission. The representative
> from India requested that the DG of WIPO may wish to consider the
> inclusion of eminent academic experts in the PAC who made presentations
> at the TACD "Future of WIPO" meeting. The representative from India
> noted that the PAC should include a wider range of opinions rather than
> being limited to industry and government figures.
>
> -----
>
> Thiru Balasubramaniam
> Geneva Representative
> CPTech
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
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