[Ip-health] SCP28: Final text on future work mandates the preparation of a draft reference document on compulsory licensing

Thiru Balasubramaniam thiru at keionline.org
Thu Jul 12 08:18:56 PDT 2018


https://www.keionline.org/28429

SCP28: Final text on future work mandates the preparation of a draft
reference document on compulsory licensing
Posted on July 12, 2018 <https://www.keionline.org/28429> by Thiru
<https://www.keionline.org/author/thiru>

At around 16h35 on Thursday, 12 July 2018, the WIPO Secretariat distributed
the final text of the future work program of the Standing Committee on the
Law of Patents (SCP).

The new language Exceptions and Limitations to Patent Rights makes a
specific request to the WIPO Secretariat to prepare a draft reference
document on compulsory licensing for the 30th session of the SCP in 2019.
The final language reads:

*Exceptions and Limitations to Patent Rights*
- In accordance with the agreement within the Committee at SCP/26, the
Secretariat will continue to work on a draft reference document on
exceptions and limitations to patent rights in conjunction with patent
protection. The Secretariat will prepare a draft reference document on the
research exception, which will be submitted to SCP/29. Following the
preparation and presentation of the draft reference document on the
research exception, the Secretariat will prepared a draft reference
document on the exception regarding compulsory licensing for SCP/30. Both
reference documents will follow the style and structure of the draft
reference document on the exception regarding acts for obtaining regulatory
approval from authorities (document SCP/28/3). Document SCP/28/3 will be
kept open for future discussion by the Committee. The Secretariat will
invite Member States to send any additional inputs for the preparation of
the draft reference document on the research exception.

With respect to WIPO’s work stream on Patents and Health, the paragraph
providing the mandate for Member States to share state practice on
compulsory licensing <https://www.keionline.org/28416> was changed to the
following text:
- The Secretariat will invite practitioners to share their experience on
negotiating licensing agreements at SCP/29, giving particular attention to
paragraph 20.a of Annex to document SCP/24/4 (Proposal by the African Group
for a Work Program on Patents and Health).

The original text is reproduced here:
- Member States will share technical information on their practices
regarding compulsory licensing and voluntary licensing of medical
technologies at SCP/29, giving a particular attention to paragraph 16 of
Annex to document SCP/24/4 (Proposal by the African Group for a Work
Program on Patents and Health).
--

The original text of the Chair's proposal on future work can be found here:

https://www.keionline.org/28416






-- 
Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International
41 22 791 6727
thiru at keionline.org


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