Debate on "World Patent" at WIPO

-------- Original Message --------
Subject: [Random-bits] News from the WIPO General Assembly -
Debate on "world patent"
Date: Tue, 28 Sep 2004 12:57:14 -0400
From: James Love <[email protected]>
To: [email protected]


-------- Original Message --------
Subject: Short note on WIPO Policy Advisory
Commission report
Date: Tue, 28 Sep 2004 17:01:53 +0200
From: Thiru Balasubramaniam <[email protected]>

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’s
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 “world patent” is important but is not
appropriate for WIPO’s 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 “global patent.” 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



-- 
James Love | Consumer Project on Technology
http://www.cptech.org | mailto:[email protected]
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