[Ip-health] SCP 15: State of Play on day four of WIPO's patent committee

Thiru Balasubramaniam thiru at keionline.org
Thu Oct 14 03:57:43 PDT 2010


SCP 15: State of Play on day four of WIPO's patent committee
By thiru
Created 14 Oct 2010 - 6:51am
14 October 2010
Day 4 of the 15th session of the WIPO Standing Committee on the Law of  
Patents (SCP 15)

The WIPO Standing Committee on the Law of Patents (SCP) is still in  
informals and it is expected that the formal plenary session will be  
resume at 11:30 AM (Geneva time). Thus far, the Committee has examined  
two issues: a) Standards and Patents and b) Exclusions from Patentable  
Subject Matter and Exceptions. On Monday, Professor Lionel Bently  
(Cambridge) presented the 'Experts' Study on Exclusions from  
Patentable Subject Matter and Exceptions and Limitations to the  
Rights' [1]. For KEI's general intervention and its intervention  
related to exclusions from patentable subject matter and exceptions  
and limitations to the rights, please click on the following links: a)  
KEI general intervention [2] and b) KEI's intervention on L&Es [3].

With respect to standards and patents, KEI requested the Committee to  
create a cluster of experts to examine:

Possible best practices or global norms for mandatory obligations to  
disclose patents relating to open standards for some essential  
information or energy technologies or other essential areas of  
The following items still have yet to be discussed at SCP 15: (c) The  
Client-Attorney Privilege, (d) Dissemination of Patent Information,  
(e) Transfer and (f) Opposition Systems.

Much of the informal negotiations have revolved around what items will  
be up for consideration at SCP 16. The major ask of Group B (the  
industrialized country bloc that includes some members of the European  
Union, United States, Switzerland, Japan, Norway, the Holy See,  
Israel, Turkey, Canada, Australia and New Zealand) is their proposal  
on patent quality which can be found here: http://keionline.org/node/ 
977 [4]. The major ask of the Development Agenda Group ( Algeria,  
Brazil, Cuba, Djibouti, Ecuador, Egypt, Guatemala, India, Indonesia,  
Iran, Malaysia, Pakistan, the Philippines, South Africa, Sri Lanka,  
Sudan, Uruguay, and Yemen) is to establish a work program on  
limitations and exceptions, a proposal [5] first tabled by Brazil in  
January 2010. From sources close to the negotiations, the African  
Group wants 'Patents and health (including exhaustion, the Doha  
Declaration and other WTO instruments, patent landscaping)' to be  
discussed at SCP 16. Finally, a major priority for Group B and the  
Central European and Baltic states Group is further discussion of  
Client-attorney privilege.

A night session is envisioned for day four (14 October 2010) of SCP 15.


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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