[Ecommerce] Australia report on Feb 3-4 USPTO meeting on WIPO patent and development agendas

[James Love]

http://www.ipaustralia.gov.au/resources/news_new.shtml#2

Australia to Chair New Working Group on Substantive Patent Law Harmonisation
7 February 2005

An Exploratory Meeting of Interested Parties Concerning the Future of
Substantive Patent Law Harmonisation was held in Washington on 3 & 4
February 2005. The meeting was attended by representatives of 22
countries including Australia as well as representatives from the
European Commission and the European Patent Office.

The meeting agreed on a Statement of Intent as follows:

Statement of Intent

     * The Participants ("Participants") of the Exploratory Meeting of
Interested Parties Concerning the Future of Substantive Patent Law
Harmonization, held February 3-4, 2005 in Alexandria, Virginia, wishing
to promote and facilitate progress on certain key issues under
consideration in the World Intellectual Property Organization (WIPO),
agree to convene future meetings to consider:
           o substantive patent law harmonization issues, notably the
Trilateral "first package," as developed by the United States Patent and
Trademark Office, the European Patent Office and the Japan Patent Office
and set forth in WIPO Document WO/GA/31/10; and
           o issues with regard to intellectual property and
development, including proposals for a WIPO Development Agenda and
proposals relating to genetic resources, with a view to seeking a common
basis for further discussions in WIPO.
     * The Participants agree that the following parties will be invited
to participate in the future meetings: all Members of WIPO Group B,
Member States of the European Union, the European Commission, Member
States of the European Patent Organization, and the European Patent Office.
     * The Participants further agree to have regular, intersessional
meetings of subgroups to address the issues reference in Paragraph 1.

A timetable for the first series of meetings was also developed. The UK
and the Netherlands agreed to co-chair the meeting on the Development
Agenda and related issues, Australia agreed to chair the meeting to
progress work on some key technical elements of substantive patent law
harmonisation (prior art, grace period, novelty and inventive step). The
Trilateral Patent Offices agreed to provide the venues and logistical
support for all meetings with the European Patent Office providing this
support in 2005. The first meetings of the sub-groups are expected to be
held in April and May 2005.

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Visit to IP Australia from the State Intellectual Property Office of China
12 January 2005

 From 3-4 December 2004 IP Australia hosted a visit by a delegation from
the State Intellectual Property Office of the People's Republic of China
(SIPO), lead by the Commissioner of SIPO Mr Wang Jingchuan.

The main elements of the discussion between the two offices included:

    1. Exchange of IP-related information including IP laws and
regulations, published patent documentation, annual report and other
relevant information.
    2. Exchange of views and experience through appropriate means, such
as the exchange of visits by senior officials or IP experts to
facilitate the development of industrial property systems, subject to
available resources.
    3. Investigation of the feasibility of carrying out a joint prior
art search program to exchange experiences on search and examination.
    4. Exchange of views on international IP issues, such as issues
discussed at the World Intellectual Property Office and other
international forums.
    5. Organisation of future meetings between the Heads and other
officials of the both offices at convenient times and locations for the
purpose of strengthening the existing ties.

Chinese delegation

Left to right

Mr Stuart Atkins, Assistant Director, Business Directions &
International Cooperation, IP Australia
Mr Phil Spann, Deputy Commissioner of Patents, IP Australia
Mr Dave Herald, Deputy Commissioner of Patents, IP Australia
Mr Wang Jingchuan, Commissioner, State Intellectual Property Office of China
Ms Fatima Beattie, Commissioner of Patents, IP Australia
Ms. Jiao Gang, Deputy Director General of General Affairs Department,
State Intellectual Property Office of China
Ms. Song Jianhua, Deputy Director General of International Cooperation
Department, State Intellectual Property Office of China
Mr. Zhang Haiyang, Chief of Asia and Pacific Division, International
Cooperation Department, State Intellectual Property Office of China

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--
James Love, Director, CPTech, http://www.cptech.org

Consumer Project on Technology in Washington, DC
PO Box 19367, Washington, DC 20036, USA
Tel.:  1.202.387.8030, fax: 1.202.234.5176

Consumer Project on Technology in Geneva
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Tel: +41 22 791 6727

Mobile +1.202.361.3040
james.love@cptech.org