The World Intellectual Property Organization’s (WIPO) Twenty-Second session of the Standing Committee on the Law of Patents (SCP) is taking place from 27 July 2015 to 31 July 2015 in Geneva, Switzerland. The prior session of the Committee (November 2014) ended in deadlock. Ultimately, patents and health proved to be the deciding factor.
As reported by Intellectual Property Watch (Global Differences On Patents Lead WIPO Patent Law Committee To Stumble On Future Work) on 10 November 2014:
The Ebola crisis is an example of the failure of the patent system, a delegate from Kenya said, “Thousands of people are dying, yet this patent system, this organisation who is supposed to cater for our interests does not seem to care.”
“If we cannot have a patent system and pharmaceutical industries work for all of us, then let’s not pretend and use the word ‘balance’,” he said.
Although most regional groups said they could agree to the draft work programme with a few amendments, the African Group remained firm in its request. The Kenyan delegate, on behalf of the group, delivered a vibrant speech chastising the SCP for not taking into account the plight of African countries facing major public health problems, in particular at that time, the Ebola crisis.
He said two studies on inventive step and sufficiency of disclosure had been agreed at the 20th session of the SCP, and thus would be carried out for the next session. But, he said, this should be balanced with two studies, one on limitations and exceptions to patent rights, and the other on so-called “Markush claims.”
Faced with disaster in Africa on public health, he said, “we have a problem and we need to see flexibility to ensure that the patent system does not become a hindrance.” The African Group is ready “to take the blame” for not agreeing on the draft work programme “for the sake of our people,” he said (Source: Intellectual Property Watch, November 2014).
In his opening remarks, WIPO Director-General Francis Gurry reminded Member States that “SCP is a normative committee.” Topics slated for discussion include: Quality of patents, including opposition systems, Exceptions and limitations to patent rights, Patents and health, Confidentiality of communications between clients and their patent advisors and Transfer of Technology). Up for discussion under item 6 (Quality of patents, including opposition systems), the WIPO Secretariat has prepared two papers for discussion: 1) Study on Inventive Step and 2) Sufficiency of Disclosure.
The SCP elected Bucura Ionescu (Director, Patent and Innovation Directorate, Bucharest) as Chair of the Committee. Shortly, thereafter, the Chair convened an informal meeting of Group Coordinators and the Chair to negotiate the agenda for SCP 22. Informed sources reported to Knowledge Ecology International (KEI) that developing countries objected to the placement of items such as “Exceptions and limitations to patent rights”, “Patents and health” and “Transfer of technology” under Agenda item 7,
Other issues while “Quality of patents, including opposition systems ” was placed a standalone agenda items.
In terms of substantive agenda items, the original agenda is as follow:
6. Quality of patents, including opposition systems
See documents SCP/22/3 and 4.Other related documents: SCP/17/7, 8 and 10, SCP/18/9, SCP/19/4 and SCP 20/11 rev.
7. Other issues
(i) Exceptions and limitations to patent rights Related documents: SCP/14/7 and SCP/19/6.(ii) Patents and health
Related documents: SCP/16/7 and 7 Corr. and SCP/17/11.(iii) Confidentiality of communications between clients and their patent advisors
(iv) Transfer of technology
During the informal discussions, the Chair and regional coordinators fashioned the following compromise text which will be presented to the plenary after 3 PM:
6. Five issues under consideration(i) Quality of patents, including opposition systems
- Study on inventive step
See document SCP/22/3
- Study on disclosure
See document SCP/22/4
Related documents: SCP/17/7, 8 and 10, SCP/18/9, SCP/19/4 and SCP 20/11 rev.
(ii) Exceptions and limitations to patent rights
Related documents: SCP/14/7 and SCP/19/6.(iii) Patents and health
Related documents: SCP/16/7 and 7 Corr. and SCP/17/11.(iv) Confidentiality of communications between clients and their patent advisors
(v) Transfer of technology
Other issues
Proposal by the Group of Latin American and Caribbean Countries (GRULAC)
See document SCP/22/5