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Standing Committee on the Law of Patents

Standing Committee on the Law of Patents. Created in 1998, it ‘serves as a forum to discuss issues, facilitate coordination and provide guidance concerning the progressive international development of patent law. International development of patent law: multilateral treaties.

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Standing Committee on the Law of Patents

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  1. Standing Committee on the Law of Patents Created in 1998, it ‘serves as a forum to discuss issues, facilitate coordination and provide guidance concerning the progressive international development of patent law...

  2. International development of patent law: multilateral treaties • TRIPS Agreement (approval of art. 31 bis; disclosure obligation, review of art. 27.3(b) • Patent Law Treaty (2000): 27 contracting parties • Draft Substantive Patent Law Treaty

  3. International development of patent law: bilateral/plurilateral treaties -IP bilateral treaties Free trade agreements (FTAs), European Partnerships Agreements (EPAs) Anti-counterfeiting Trade Agreement (ACTA) Trans Pacific Partnership Agreement (TPP)

  4. What kind of development? • Outside the multilateral system • In the context of secret, industry led and asymmetric negotiations • With the objective of expanding patent rights, strengthening enforcement • Absence of public interest perspective • Focus on pharmaceutical patents

  5. Patent term • Extension of the patent term to compensate for delays in patent examination or in the approval of pharmaceutical products • Failure of the administration, burden on society

  6. Patent linkage • New exclusive right –to prevent pre-commercialization acts • Patent enforcement through national drug agencies

  7. Patentability standards Each Party shall provide that a claimed invention is industrially applicable if it has a specific, substantial, and credible utility

  8. Patentability standards: TPP draft Patents shall be available for any new forms, uses, or methods of using a known product; and a new form, use, or method of using a known product may satisfy the criteria for patentability, even if such invention does not result in the enhancement of the known efficacy of that product (art. 8.1)

  9. Border measures Goods in transit Suspected infringement of any intellectual property right, including patents

  10. Domestic enforcement • Infringement + damages in cases of non-commercial use • Compensation without damages

  11. SCP, patents and public health (1) • Erosion of TRIPS flexibilities • Proliferation of patents • -without inventive step/novelty • -overbroad scope (Markush claims)

  12. SCP, patents and public health (2) Transparency, e,g. information on International Non Proprietary Names (INN) Limited presumption of validity Control of anti-competitive practices, including deceiving patent offices

  13. The role of patent offices • The patent office should function ‘as a steward of the public interest, not as a servant of patent applicants. The PTO must protect the public against the issuance of invalid patents that add unnecessary costs and may confer market power… • Federal Trade Commission (2003), To promote innovation: the proper balance of competition and patent law policy, available at htpp://www.ftc.gov, p. 14.

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