[Ip-health] SCP29: General statement of Knowledge Ecology International

Thiru Balasubramaniam thiru at keionline.org
Mon Dec 3 03:41:11 PST 2018


Posted on December 3, 2018 <https://www.keionline.org/29324> by Thiru

On Monday, 3 December 2018, Knowledge Ecology International (KEI) delivered
this opening statement at WIPO’s 29th Session of the Standing Committee on
the Law of Patents (SCP).

Thank you Chair.

KEI welcomes the conclusions of SCP 28 which call upon the International
Bureau to prepare a draft reference document on compulsory licensing for
SCP 30 in June 2019. For this reference document on compulsory licensing,
we recommend that this study analyze cases where non-voluntary use has been
allowed as a limitation on remedies, including, for example, recent
limitations on remedies for infringement of patents on medical diagnostic
tests and medical devices in the United States.

In addition, we urge the SCP to schedule a presentation by experts on the
legal basis and experience of states in permitting the non-voluntary use of
patents on medical inventions as a limitation on the remedies available in
Part 3 of the TRIPS, including specifically cases of running royalties for
infringement of medical devices and diagnostic tests, and the export of
those products outside of the WTO 31bis framework.

We welcome the Committee’s decision convene a half-day conference on
publicly available databases on patent information status and data on
medicines and vaccines and a sharing session by practitioners of voluntary
licensing at this session; we thank the delegations of Argentina, Brazil,
Switzerland and Chile for their initiative as documented in SCP/28/10.

As part of the Committee’s ongoing work on patents and health, KEI proposes
that the SCP investigate the extent to which patent exceptions for the
treatment of humans apply to new cell and gene therapies, such as CAR T
treatments for cancer.

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

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