[Ip-health] WIPO patent committee embarks on positive agenda

[Thiru Balasubramaniam]

http://www.keionline.org/index.php?option=3Dcom_jd-wp&Itemid=3D39&p=3D124

WIPO patent committee embarks on positive agenda
June 27th, 2008 by Thiru Balasubramaniam

After a hiatus of three years, the WIPO Standing Committee on the Law
of Patents (SCP) met for its 12th session on June 23, 2008 to June 27,
2008. Given the collapse of the talks to initiate a Substantive Patent
Law Treaty (SPLT) to harmonize patent law with respect to prior art,
novelty, inventive step and grace period, even the most prescient of
WIPO watchers were at a loss in prognosticating the outcome of the
WIPO SCP. In 2007, informal consultations of the WIPO SCP were not
able come to consensus on deciding upon a work program for the WIPO
patent committee.

As a result the the WIPO General Assembly (2007) instructed the
International Bureau to

     establish a report on issues relating to the international patent
system covering the different needs and interests of all Member
States, which would constitute a working document for the next session
of the SCP. The Report would contextualize the existing situation of
the international patent system, including reference to the WIPO
Development Agenda process, and would contain no conclusions.

Under the stewardship of the Chair (Maximiliano Santa Cruz, Chile),
and his two Vice-Chairs (Mr. Yin Xintian, China) and (Bucura Ionescu,
Romania) working in concert with the International Bureau, this
meeting bore witness to the flexibilities displayed by Member States
including Bolivia, Brazil, Chile, China, the European Union, Egypt,
India, Pakistan, Singapore and Switzerland to ensure that the WIPO
patent committee embrace a positive agenda. This positive agenda is
evidenced in the Summary by the Chair(SCP/12/4 Rev) posted by WIPO on
June 27, 2008. It should also not be forgotten that during the patent
committee interregnum, the International Bureau launched a series of
patent symposiums that covered a range of issues including the
research exemption and patents and standards.

Despite strong signals sent by Group B countries (rich countries)
early on in the Committee that left no doubts that patent
harmonization was foremost on their agenda, the conclusion of the
meeting took a different turn, a balanced outcome that gave something
to developed countries and developing countries, users and right
holders alike.

The Summary By Chair (SCP/12/4 Rev) noted:

     7. Many delegations recognized that that document was covering a
wide range of issues relating to the patent system and constituted a
good basis for discussion. Mindful of the mandate given to it by the
WIPO General Assembly in 2007, and thus working towards a work
program, the SCP identified a non-exhaustive list of issues for
further elaboration and discussion in the future, which appears in the
Annex to this document.

     8. Following a proposal by the Chair, the Committee

     (a) agreed that document SCP/12/3 would remain open for further
discussion at the next session of the SCP and be open for written
comments to the WIPO Secretariat until the end of October 2008, which
would reflect those comments in footnotes or annexes to document SCP/
12/3;

     (b) decided that the list of issues referred to in paragraph 7
would remain open for further elaboration and discussion at the next
session of the SCP;

     (c) asked the WIPO Secretariat to establish, for the next session
of the SCP, preliminary studies on four issues. These four issues,
which are not to be considered prioritized over the other issues
contained on the list referred to in paragraph 7, are the following:

     - Dissemination of patent information (inter alia the issue of a
database on search and examination reports);
     - Exceptions from patentable subject matter and limitations to
the rights, inter alia research exemption and compulsory licenses;
     - Patents and standards;
     - Client-attorney privilege;

     (d) suggested that, in the framework of the SCP and, where
relevant, also with other WIPO bodies, the Director General consider
including in the revised Program and Budget for 2009, provision for a
Conference on issues relating to the implications, including public
policy implications, of patents on certain areas of public policy,
such as health, the environment, climate change or food security;

     (e) decided that the members of the SCP could submit suggestions
on the future work program of the SCP to the Secretariat.

The fact that the WIPO patent committee has decided to request the
International Bureau studies on =93exceptions from patentable subject
matter and limitations to the rights, inter alia research exemption
and compulsory licenses=94 and =93patents and standards=94 is testament tha=
t
the WIPO of 2008 is not the WIPO that invoked =93Intellectual Property
as a Power tool for Development=94.

Here below is the Annex to the Summary by the Chair which lists the
eighteen non-exhaustive list of issues for further elaboration and
discussion in the future. This list includes such topics as =93Economic
impact of the patent system, Alternative models for innovation,
Patents and health (including exhaustion, the Doha Declaration and
other WTO instruments, patent landscaping) and Relation of patents
with other public policy issues.=94

Please be mindful that the deadline for written submissions on the
WIPO Report on the International Patent System is at the end of
October 2008. Member States and accredited observers may make written
submissions. The date of the next WIPO committee meeting is set for
the first quarter of 2009, most likely in February.

LIST OF ISSUES
(in the order of their appearance in document SCP/12/3)

Economic impact of the patent system

Transfer of technology

Competition policy and anti-competitive practices

Dissemination of patent information (including the registration of
licenses)

Standards and patents

Alternative models for innovation

Harmonization of basic notions of substantive patentability
requirements (e.g. prior art, novelty, inventive step, industrial
applicability, disclosure)

Disclosure of inventions

Database on search and examination reports

Opposition system

Exceptions from patentable subject matter

Limitations to the rights

Research exemption

Compulsory licenses

Client-attorney privilege

Patents and health (including exhaustion, the Doha Declaration and
other WTO instruments, patent landscaping)

Relationship between the patent system and the CBD (Genetic resources/
Traditional knowledge/disclosure of origin)

Relation of patents with other public policy issues

[End of Annex and of document]


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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