The 16th Session of WIPO Standing Committee of the Law of Patents

Catherine Eunkyeong Lee

APAA Patent Committee MeetingNovember 13, 2011, Manila

The 16th SCP Meeting

• Time : May 16 to 20, 2011• Venue: WIPO, Geneva• Attendees: 85 delegations from Member States of WIPO

and/or the Paris Union, IGOs and NGOs

• http://www.wipo.int/meetings/en/details.jsp?meeting_id=22164

Agenda

1. Opening of the session2. Election of a Chair and two Vice-Chairs3. Adoption of the agenda4. Adoption of the draft report of the fifteenth session5. Report on the International Patent System6. Exceptions and Limitations to Patent Rights7. Quality of Patents, including Opposition Systems8. Patents and Health9. Client-Patent Advisor Privilege10. Transfer of Technology11. Coordination Mechanism and Monitoring, Assessing and Reporting

Modalities on the Implementation of the Development Agenda Recommendations

12. Future work13. Summary by the Chair14. Closing of the session

Opening of the Session

• Election of a Chair and a Vice-chair• Adopting of agenda• Accreditation of the Medicines Patent Pool as ad hoc

observer• Adoption of the draft report of the 15th session

Exceptions and Limitations to Patent Rights Agenda Discussions

• Documents SCP/14/7, SCP/16/INF/2 and SCP/16/3• A draft questionnaire (SCP/16/3) was provided.

Discussions• The draft is quite long and requires a long time to prepare answers. • There are ambiguous wordings or questions such as the farmer’s privilege and

breeder’s rights, and they requested more clarifications on the questionnaires.

Conclusions• The Secretariat prepared an amended draft questionnaire on the exceptions and

limitations to patent rights (SCP/16/3 rev). • The Member States are invited to submit written answers to the document by

September 30, 2011. • The Secretariat will post the answers received on the SCP electronic forum and will

compile them in a document to be submitted to the next session of the SCP.

Quality of Patents, including Opposition Systems Agenda Discussions

• Documents SCP/14/5 and SCP/16/5.

• The agenda was proposed by Canada and UK

• Work programs:

1) Technical infrastructure development

2) Information exchange on quality of patents

3) Process improvement

Discussions

• Many delegations supported the proposal in respect of a work program on quality of patents.

• Some delegations requested clarifications on the contents of the proposal, such as the meaning of “quality” of patents.

• Some delegations supported the proposal since there are duplications in patent examinations worldwide and proposed to share examination results of the Member States through PPH or PCT reform.

Conclusions

• This topic will remain on the agenda of the 17th session of the SCP.

• Canada and UK will revise the proposal reflecting comments and proposals by the Member States.

Patents and Health Agenda Discussions

• South Africa on behalf of the African Group and the Development Agenda Group proposed a work program on this topic (SCP/16/7)

Discussions• A work program seeking to enhance the capacities of the Member States, and particularly

developing countries and least developed countries (LDCs) was proposed to adapt their patent regimes to make full use of the flexibilities to promote public policy priorities related to public health.

• The proposed work program consisted of (1) studies on flexibilities of the public health related patents both in the pre-grant and in the post-grant stage; (2) information exchange among the Member States and further development of a database on the patent status in the WIPO Member States of relevant diagnostic tools and medicines for at least 10 non-communicable and communicable diseases; and (3) technical assistance to the Member States, and particularly developing countries and least developed countries (LDCs).

Conclusions• This topic will remain on the agenda of the 17th session of the SCP.• The Secretariat will prepare a document describing WIPO on patents and health, including the

relevant cooperation with other international organizations, for the 17 th session of the SCP.

Client-Patent Adviser Privilege Agenda Discussions• Document SCP/16/4 Rev. • The Secretariat had prepared two preliminary studies (documents SCP/13/4 and

SCP/14/2).

Discussions• There are the differences in the national laws and procedures as well as in pursuing

this topic at the international level. • There was no consensus on international norm setting.• Further study for the international resolution on this topic considering the client-patent

advisor privilege is important in civil law countries as well as in common law countries.

Conclusions• This topic will remain on the agenda of the 17th session of the SCP.

Transfer of Technology Agenda Discussions

• Document SCP/14/4 Rev. • The document was prepared by the Secretariat for the preliminary study.

Discussions• There are obstacles, impediments for transfer of technology, and possible solutions should be

discussed. • Some delegations suggested that both the positive and negative effects of patent system in

impediments of technology transfer should be discussed. • Some other delegations requested that the Office of Chief Economist should be invited to some

appropriate forum and discuss the economical aspect of the transfer of technology.

Conclusions• This topic will remain on the agenda of the 17th session of the SCP.• The Secretariat will revise the preliminary study (document SCP/14/4 Rev.).• The Secretariat will invite the WIPO Chief Economist to organize a seminar on patents and transfer

of technology on the margins of the next session of the SCP and to publish the presentations and summary of the discussions on the WIPO’s website “Economics of IP” by the end of the second day of the next session of the SCP.

Contribution of the SCP to the Implementation of the respective Development Agenda Recommendations Agenda Discussions

• All statements would be recorded in the report for the 16th session of the SCP and will be transmitted to the WIPO General Assembly in line with the decision taken by the 2010 WIPO General Assembly relating to the Development Agenda Coordination Mechanism.

Future Work Agenda Discussions

• The non-exhaustive list of issues will remain open for further elaboration and discussion at the next session of the SCP.

• The future work of the SCP will definitely include the topics mentioned above.

 

The Next Session

• The 17th session is scheduled to be held on December 5 to 9, 2011 in Geneva.

Thank you!

ekl@bkl.co.kr