[A2k] KEI statement on Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights

Thiru Balasubramaniam thiru at keionline.org
Wed Oct 13 09:20:48 PDT 2010


KEI statement on Exclusions from Patentable Subject Matter and  
Exceptions
and Limitations to the Rights
SCP 15
13 October 2010


Thank you Mr. Chair.

We take note of Professor Coenraad Visser's study which examined  
'Selected Case Studies of Countries Where Compulsory Licences Have  
Been Granted for Pharmaceuticals'.

We recommend that the WIPO Standing Committee on the Law of Patents  
(SCP) request the WIPO secretariat to produce a comprehensive report  
documenting the use of compulsory licensing by Member States including  
providing empirical data on the royalty rates set in each case.   
Policy makers have long expressed interest in state practices in  
setting royalty rates, and we believe WIPO could provide a  
constructive role in this regard. We recommend that this report on  
state practice on compulsory licensing is an exercise that could be  
revised annually.

In terms of the discussions this morning on including the comments of  
Member States and Observers regarding the External Experts' Study  
Regarding Exclusions, Exceptions and Limitations for the Standing  
Committee on the Law of Patents (SCP), we would recall Annex III SCP/ 
12/3 Rev.2 which collated the comments from at least two WIPO members  
states and a number of non-governmental observers to the WIPO SCP.

Thank you Mr Chair.

------------------------------------------------------------


Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru at keionline.org


Tel: +41 22 791 6727
Mobile: +41 76 508 0997








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