[Ip-health] SCP20: Current state of play as countries clash on patents and health (WIPO Standing Committee on the Law of Patents)

Thiru Balasubramaniam thiru at keionline.org
Fri Jan 31 10:27:58 PST 2014


Submitted by thiru <http://keionline.org/user/6> on 31. January 2014 - 16:39

On Friday, 31 January 2014 (6:30 PM Geneva time) the WIPO Standing
Committee on the Law of Patents (SCP) resumed in plenary mode to discuss
the facilitator's text (Mr. Portelli, Australia)  on the future work of
this committee including activities on 1) Exceptions and Limitations to
Patent Rights, 2) Quality of Patents, including Opposition Systems, 3)
Patents and Health, 4 Confidentiality of communications between clients and
their patent advisors and 5) Transfer of Technology.

With respect to the agenda item on patents and health, the delegate of
Brazil indicated that his delegation could not join consensus because of
paragraph (3)(iii) which stated, "At SCP/21, the potential of a study on
the implementation of flexibilities concerning different types of
exhaustion of rights in Member States and its contents will be discussed."
The facilitator's text states, "the potential of a study" (weakened
language on exhaustion) which Brazil notes has upset the delicate balance
in the WIPO patent committee.

Algeria, on behalf of the African Group and Bangladesh, on behalf of the
Asia Pacific Group, accepted the facilitator's text.

At 7:12 PM, Mr. James Pooley took the floor.

"In anticipation with the possibility of getting to this point, I have
consulted with the Legal Counsel. If there is no agreement on future work,
the consequence would be that future work would be limited to work
specified in SCP19 which was the five studies on limitations and

The document below is the facilitator's text circulated at 6:30PM. Please
see link below:


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