VZCZCXYZ0020
RR RUEHWEB

DE RUEHGV #0302/01 1040845
ZNR UUUUU ZZH
R 140845Z APR 09
FM USMISSION GENEVA
TO RUEHC/SECSTATE WASHDC 8294
INFO RUCPDOC/DEPT OF COMMERCE WASHINGTON DC

UNCLAS GENEVA 000302 
 
SIPDIS 
 
SECSTATE FOR EB; COMMERCE FOR USPTO 
 
E.O. 12958: N/A 
TAGS: ECON KIPR WIPO
SUBJECT:  Thirteenth Session of the WIPO Standing Committee on the 
Law of Patents 
 
¶1.  SUMMARY:  The 13th session of the WIPO Standing Committee on the 
Law of Patents (SCP) recommenced its work program agreed to by 
Member States at the June 2008 meeting.  The work program includes 
technical reporting on which to base discussion.  Such discussion 
had been stalled in the SCP for three years when negotiations in 
2005 broke down over global patent system harmonization and efforts 
to weaken substantive patent protection.  The WIPO Secretariat 
prepared reports on four issues for this meeting:  dissemination of 
patent information (including the possible establishment of an 
online database for such information); exceptions to patentable 
subject matter and limitations on patent rights; patents and 
standards; and attorney-client privilege.  While discussions 
intensified over identifying the future work of the Committee, with 
certain developing countries wanting to focus on limitation and 
exceptions of patent rights, the SCP agreed to a balanced program of 
further study.  END SUMMARY. 
¶2.  The WIPO SCP met from March 23 to 27, 2009, on four issues which 
will continue to be discussed.  Delegations from 103 countries, 10 
international organizations and 28 non-governmental organizations 
participated in the Committee which was chaired by Mr. Maximiliano 
Santa Cruz (Chile).  The United States delegation was represented by 
Charles Eloshway and James Housel of the United States Patent and 
Trademark Office (USPTO), and Deborah Lashley-Johnson, Mission 
Geneva's IP Attache. 
 
¶3.  Discussions quickly focused on patent law/development issues, 
and the study on limitations and exceptions.  Representatives from 
the Asia Group, Africa Group and Latin American/Caribbean Group 
stated that public policy concerns must be taken into account when 
discussing the patent system.  In particular, these delegations 
argued that the work of the Development Agenda (i.e. some demandeurs 
seek the work of the Development Agenda to undermine IP rights) must 
be part of the SCP.  Further, these delegations argued that work on 
limitations and exceptions to patent rights must include a specific 
study on the relationship between regional and bilateral free trade 
agreements and provisions on limitations and exceptions to be 
carried out by experts outside of WIPO that are selected by Member 
States.  Delegations from industrialized countries (Group B) argued 
that the work of the SCP should not be duplicative of work 
undertaken in other WIPO Committees. 
 
¶4.  The U.S., in particular, noted the need to maintain the 
foundation of the patent system, as it provides the incentives for 
innovators to take risks that benefit mankind.  Moreover, 
maintaining the patent system--a financial vehicle that is unscathed 
by the current economic crisis--may enable all countries to see 
their way out of the crisis.  Ultimately, the issue of future work 
on limitations and exceptions was resolved by the SCP in a balanced 
manner where public policy issues will be a focused, without 
highlighting certain trade agreements impacting limitation and 
exception provisions.  This issue is of particular concern for the 
U.S. and its Free Trade Agreements.  We will need to monitor the 
follow-up study. 
 
¶5.  With respect to identifying future work of the Committee, the 
SCP agreed, late Friday at the close of its week-long session, on a 
range of work items that will continue to clarify and focus 
attention on key substantive issues. 
 
¶6.  The Committee reaffirmed that the non-exhaustive list of issues 
identified at its June 2008 meeting would remain open for further 
elaboration and discussion at its next session scheduled for 
November 9 to 13, 2009.  The SCP also decided to include two further 
issues in the list, namely "patents and the environment, with a 
particular attention to climate change and alternative sources of 
energy" and "patent quality management systems." 
 
¶7.  SCP members agreed that the four preliminary studies on 
standards and patents, exclusions from patentable subject matter and 
exceptions and limitations to the rights, the client-attorney 
privilege and dissemination of patent information which had been the 
subject of the week's discussions, would remain open for further 
comments at its next meeting.  While the study on patents and 
standards will remain open for comment, there is no specific further 
work planned on it at this point. 
 
¶8.  In summarizing the additional work of the Committee, the Chair 
said that the SCP agreed to ask the Secretariat to: 
 
(a) commission external experts (to be selected by the Secretariat 
as in other Committees) to prepare a study on exclusions, exceptions 
and limitations focused on, but not limited to, issues suggested by 
members, such as public health, education, research and 
experimentation and patentability of life forms, including from a 
public policy, socio-economic developmental perspective bearing in 
mind the level of economic development; 
(b) prepare a concept paper on technical solutions to improve 
greater access to, and dissemination of, patent information; 
 
(c) expand the preliminary study on the client-attorney privilege to 
 
reflect the current state of play taking into account the 
perspective of various stakeholders and using external experts, if 
necessary; and 
 
(d) establish preliminary studies on "Transfer of Technology" and 
"Opposition Systems." 
 
¶9.  It was also agreed that the Secretariat would present the 
studies to Member States at the beginning of the SCP's November 2009 
session. 
 
¶10.  A number of Member States stressed the importance of 
encouraging broad engagement in the work of the Committee and 
requested availability of all studies in the six official UN 
languages - Arabic, Chinese, English, French, Russian, and Spanish. 
At present, SCP documents are prepared in English, French and 
Spanish. 
 
¶11.  Delegates further expressed their support for a Conference to 
be held on July 13 and 14, 2009, as suggested by the SCP at its June 
2008 session.  WIPO Director General, Mr. Francis Gurry, told the 
SCP that he was encouraged by the "positive and considerable 
interest" in this conference, which will serve as a global forum to 
discuss issues and solutions to some of the major challenges the 
world faces today.  Consultations on the program of the Conference 
will be held with Member States. 
 
STORELLA