KEI oral intervention on patents and standards at WIPO SCP

Thank you Mr Chair.

We take note of document 13/2’s assertion that “inherent tensions exist between patents and standards” particularly when the “implementation of a standard calls for the use of technology covered by one or more patents”.

For our detailed written comments on the issue of patents and standards we request the SCP to please consult pages 36 through 39 of Annex III of document SCP/12/3 Rev.2.

On the topic of patents and standards, we propose the following:

• The SCP should gather information and evidence regarding state practice in terms of obligations to disclose patents on proposed standards.
• To facilitate the information gathering process, the SCP should develop a questionnaire for WIPO member states.
• Innovative businesses and consumers should be given a forum on the WIPO web page to share their views on the adequacy of the current systems of managing disclosures.
• The SCP should consider a disclosure mechanism based upon the one proposed in the March 10, 2005 draft of the stakeholder proposal for an access to knowledge treaty.
• The SCP should consider the establishment of a Working Group on patents and standards.