SCP 14: Draft text on Future Work

Around 4:20 PM CET, the following draft text was made available for for Member States’ consideration. Currently, the countries are in informals considering the following text.

Around 5:50 PM, a draft text entitled “Suggestion by Asian Like-Minded Countries” was made available.

Among the key amendments suggested was the following language:

“Comments of Member States and Observers would be reflected in annexures appended to the respective studies”

“consider the establishment of a commission of independent experts to examine the existing challenges to effective transfer of technology.”

“consider the expanded preliminary study and patent and standards, examining the issue of IPRs misuse in standardization and suggest measures to mitigate the misuse;”

“a preliminary study on patents and public health”

Agenda 8: Future Work

1. [Following a proposal by the Chair,] the Committee

(a) reaffirmed that the non-exhaustive list of issues identified at the twelfth session of the SCP held in June 2008, and updated at its 13 session, would remain open for further elaboration and discussion at its next session(1);

(b) agreed that the preliminary studies submitted at the 13th and 14th session of the SCP would remain open for further discussion and comments at the next session of the SCP;

(c) decided that the 15th session of the SCP will:

(i) consider a revised preliminary study on transfer of technology, focusing on how the patent system supports innovation and technology transfer;

(ii) discuss the study on exclusions, exceptions and limitations prepared by external experts;

(iii) revert to the proposal by the Delegation of Brazil on exceptions and limitations to patent rights contained in contained in document SCP/14/8, with a view to consider further action on it;

(iv) consider two new preliminary studies in respect of patent administration as follows:

– a preliminary study on patent quality management systems, and
-an expanded preliminary study on dissemination of, and access to, complete patent information, including digitization issues;

(v) consider a document compiling the information received by Member States on how national laws and practices apply the client privilege or the professional secrecy obligation, respectively, to foreign patent advisors.

2. The SCP suggested that the Director General consider including, in the revised Program and Budget for 2011, provision for a Conference on Patent and [Public Health] [Food Security] to be held in the first quarter of 2011.

3. Presentations of the studies will be held at the beginning of the next meeting.

4. The International Bureau informed the SCP that its fifteenth session was tentatively scheduled to be held from October 11 to 15, 2010 in Geneva.

5. The SCP noted that the present document was a summary established under the responsibility of the Chair and that the official record would be contained in the report of the session. The report would reflect all the interventions made during the meeting, and would be adopted in accordance with the procedure agreed by the SCP at its fourth session (see document/4/6, paragraph 11), which provided for the members of the SCP to comment on the draft report made available on the SCP Electronic Forum. The Committee would then be invited to adopt the draft report, including the comments received, at its following session.


1. See attached revised list.

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