[Ip-health] KEI Policy Blogs: Chile spearheads change at WIPO patent committee

[Thiru Balasubramaniam]

http://www.keionline.org/index.php?option=3Dcom_jd-wp&Itemid=3D39

WIPO | Thiru, from Geneva
Chile spearheads change at WIPO patent committee
July 16th, 2007 by Thiru Balasubramaniam

In the wake of the recently concluded broadcasting negotiations at WIPO
in June 2007 (Standing Committee on Copyright and Related Rights) where
a proposed instrument for the protection of broadcasting organizations
was put on cold storage but not terminated, a Chilean proposal on the
examination of limitations and exceptions in the copyright area has
come to the fore.

Chile has proposed that the WIPO copyright committee examine
limitations and exceptions for the blind, educators and librarians.
India has reinforced Chile=92s reformist thrust by calling upon WIPO to
consider socially relevant issues such as access to knowledge and
education.

Although the Chilean proposal to the WIPO copyright committee has
attracted considerable attention, an equally far-sighted proposal to
the WIPO patent committee has remained under the radar thus far. The
Chilean proposal was submitted to the WIPO Standing Committee on
Patents (SCP) in December 2006 calling upon WIPO to include in its new
work programme: 1) an agenda item on limitations and exceptions on
patented inventions for example on patents related to the public
interest, education, research and government use and 2) an agenda item
on patents and the adoption of standards.

The full Spanish text of the Chilean proposal to the WIPO patent
committee is contained below:

     Con relaci=F3n al acuerdo de la Asamblea General relativo a
propuestas para el establecimiento de un nuevo plan de trabajo para el
Comit=E9 Permanente sobre el Derecho de Patentes (SCP), te informo que
Chile propone que los siguientes temas sean considerados en dicho plan
de trabajo:

     1. Excepciones y Limitaciones en materias de patentes, por ejemplo,
excepciones de inter=E9s p=FAblico, educaci=F3n, investigaci=F3n y uso de
gobierno.

     2. Patentes y adopci=F3n de est=E1ndares.

It is our understanding that the Chair of the WIPO General Assembly
(Ambassador Enrique Manalo, Philippines) along with the WIPO
Secretariat are preparing a survey of different country submissions as
to what they feel should constitute the programme of work for the WIPO
SCP. The survey is an indicative list, and Member States at the WIPO
General Assembly in 2007 will determine the future work of the WIPO
patent committee.

Chile=92s multi-pronged endeavours to imbue the WIPO patent committee and
the WIPO copyright committee with a more reflective and development-
oriented approach is welcome and of significant strategic import to the
Development Agenda and the access to knowledge (a2k) movement. In
addition to the limitations and exceptions proposal tabled to the SCP,
Chile=92s proposal on patents and standards carries reinforces
discussions that have begun to take place at the World Trade
Organization and the Internet Governance Forum on remedies to mitigate
the inherent tension between the public interest and patents in
information and communications (ICT) standards.

Technical standards, although not created by legislatures, states or
courts, create regulatory structures that transcend international
boundaries, affect numerous public policy issues and impact developing
countries and many stakeholders who don=92t have an equal voice in their
creation, management or adoption. There are significant problems in the
global IT standardization ecosystem. In many regards, ICT standards are
being privatized, and there has been little public debate on this
development. Ultimately, this hurts consumer choice, equitable access,
competition and innovation.

It is incumbent on Member States and other interested stakeholders to
add teeth to the positive momentum achieved by the WIPO Development
Agenda by fully supporting the concrete steps initiated by Chile on
patents and standards and limitations and exceptions. As the old adage
says, =93the proof is in the pudding=94; great expectations lay upon the
General Assembly to deliver upon the promises reached at the conclusion
of the Development

---------------------------------
Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
voice +41.22.791.6727
fax +41.22.723.2988
mobile +41 76 508 0997
thiru@keionline.org