Original news and analysis on international IP policy
BANGKOK – Countries in Southeast Asia have launched a 10-year action plan to strengthen their intellectual property rights cooperation, with the European Union and the World Intellectual Property Organization providing financial and technical assistance in helping the countries to achieve their goals.
After a day spent in informal meetings to try to agree on what should be the future work of the World Intellectual Property Organization patent law committee, delegates had to admit defeat. The main point of contention, according to sources, was the request by developing countries that the committee work on the issue of patents and access to medicines, and address the recommendations of the United Nations Secretary-General’s High Level Panel on Access to Medicines. This request was met by blunt refusal by some developed countries as beyond the realm of the work of the committee.
The World Intellectual Property Organization patent law committee this week became the latest venue for the global debate over the system to provide incentives to the pharmaceutical industry to find new medicines while ensuring all patients have access to those medicines. Most developing countries want the committee to discuss the recommendations of the United Nations Secretary-General’s High-Level Panel on Access to Medicines, while most developed countries disagree. The tone is rising, and the issue could come as a hurdle as countries decide the future work of the committee.
The World Intellectual Property Organization patent law committee is a unique international forum where discussions about the patent system are held. The committee meeting this week is a display of different views of developed and developing countries on how the patent system is expected to meet their needs.
The annual “Intellectual Property Statistics for Decision Makers Conference” took place in Sydney, Australia on 15-16 November. After Vienna last year, the Organisation for Economic Co-operation and Development (OECD) as the key initiator organised the landmark forum this time with the Australian Government through its national intellectual property office, IP Australia. In this environment where the Australian economy could recently mark its 25 years of continuous growth and where the government just launched a new “National Innovation and Science Agenda” in the form of a new tax reform package, we could follow panel discussions and speeches about how empirical evidence can be gained for innovation.
What would be the credibility of the World Intellectual Property Organization committee negotiating a system of protection for traditional knowledge held by indigenous peoples, if none of their representatives could participate in the meetings? That has been a recurring question asked by indigenous peoples and the organisation over the years. But now, if no voluntary contributions are made by governments or others, the next committee meeting could very well be first in 16 years held without a single observer from an indigenous community.
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World Intellectual Property Organization delegates last week agreed on a revised set of draft articles to be further discussed at the next session of the committee working on a potential treaty to protect traditional knowledge. Views differed on the achievements of the week. For the proponents of a binding treaty, the text reflects a better understanding of issues, and some reduction in differences. However, for some developed countries not in favour of a treaty, gaps are still wide open and much work remains.
What do popcorn, chewing-gum, football, syringes, and chocolate have in common? According to a United States paper tabled at the World Intellectual Property Organization, they are all rooted in traditional knowledge. While most efforts are geared this week towards trying to find consensual language on a treaty protecting traditional knowledge, the US said a discussion on what is protectable and what is not would be instructive. Some other delegations resubmitted proposals introducing alternative means of protection than a binding instrument.
New draft articles published this morning at the World Intellectual Property Organization committee on traditional knowledge show signs of progress in terms of reducing options. Meanwhile, the United States introduced a proposal for a discussion of what should be protectable and what is not intended to be protected. Delegates have to deliver their take on both documents this afternoon.
A new text suggested by facilitators in the ongoing discussions on the protection of traditional knowledge at the World Intellectual Property Organization attempts to tighten options to facilitate further discussions. They focused on the policy objectives of the potential treaty, what it should cover, and who should benefit from it - whether only indigenous peoples or states as well. Separately, Switzerland made a suggestion for a way forward with "positive" protection of TK.
A seminar was organised by the World Intellectual Property Organization to provide a discussion platform on the eve of this week’s meeting on the protection of traditional knowledge, and as a way for countries to share systems of protection. Panellists presented views on possible graduated protection for different sorts of traditional knowledge.