[A2k] October 2012: Chinese comments on future work of WIPO patent committee (L&Es, patent quality and patents and health)

Thirukumaran Balasubramaniam thiru at keionline.org
Mon Feb 25 08:26:40 PST 2013


http://keionline.org/node/1660

On 17 October 2012, the State Intellectual Property Office of China submitted the following comments to the Electronic Forum of WIPO's Standing Committee on the Law of Patents (SCP) in relation to the future work of the Committee. The written submission focused on: 1) Exceptions and Limitations to Patent Rights, 2. Quality of Patents and 3. Patents and Health. These points were encapsulated into China's general intervention today.

<SNIP>

1. Exceptions and Limitations to Patent Rights

China joins the other member states in recognizing that exceptions and limitations to patent rights is an important aspect of patent systems, and it is important to undertake further comprehensive studies on this issue. The feedbacks from member states have provided a wealth of information which is representative and to certain extent fully reflects legislations and practices by different countries in the area of exceptions and limitations to patent rights. The collection and compilation of country feedbacks by the secretariat laid a solid foundation for future work. On the next step of work, China suggests the following:

(1) Based on the feedbacks to the questionnaire that were received from member states earlier, the SCP secretariat should make analysis on the following issues with regard to exceptions and limitations to patent rights: objectives, targets, terms, scope, development trajectory, their impact on the economy, the effectiveness of implementation for policy objectives and existing problems. When dealing with policies and measures taken by a country, the analysis should take into account the country’s stage of development. China proposes to divide the ten topics under exceptions and limitations to patent rights into two groups for two rounds of study. The topics for the first study may include, 
for example, action that could be taken in order to obtain administrative permits; use for the purpose of scientific research or experiment; compulsory licensing/government use; use with farmers and/or breeders; and prior use.

<SNIP>

3. Patents and Health

It is the view of China that a balanced patent system plays an important role in addressing the issue of public health. Carrying out work in this regard will help us further understand the relationship between patents and health and facilitate resolving the issue of public health.
China proposes to set up an external expert panel to examine the relationship between patent systems and public health in a comprehensive and objective manner and provide useful guidance to member states.
In addition, some member states have done a great deal of work and accumulated much experience in exploiting the intellectual property (IP) system in the area of public health, particularly on the issue of flexibilities in patent systems. We propose to include case studies and discussions under this topic. Therefore, we make the following suggestions:

(1) Setting up an external panel to carry out comprehensive study on the relationship between patent systems and public health;
(2) Given that some member states have done a great deal of work and accumulated much experience in exploiting flexibilities in the patent system in the area of public health, the secretariat is suggested gather information on related cases and practices; and
(3) A seminar could be organized at the SCP sessions dedicated to presenting research findings of the external panel and sharing experience through the discussion of existing cases.

-- 

Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)

thiru at keionline.org



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