WIPO PATENT AGENDA: OPTIONS FOR DEVELOPMENT OF THE INTERNATIONAL PATENT SYSTEM

ummary

1. WIPO patent agenda: options for development of the
international patent system
2. WIPO moves towards 'world' patent system
3. The protection of traditional knowledge and folklore:
summary of issues raised and points made
4. Indigenous knowledge dossier
5. Are intellectual property rights stifling agricultural
biotechnology in developing countries?
6. IP for traditional knowledge on-line: recognizing,
respecting and rewarding creativity and innovation at
grassroots
7. Traditional knowledge of biodiversity in Asia-Pacific:
problems of piracy & protection


DOCUMENT SUMMARIES AND LINKS
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1. WIPO PATENT AGENDA: OPTIONS FOR DEVELOPMENT OF THE INTERNATIONAL
PATENT SYSTEM

Author(s): WIPO

Produced by: World Intellectual Property Organization
(WIPO) (2002)

This paper is intended to survey the major issues
confronting the international patent system, together with
options for future work. It is part of the 'WIPO patent
agenda' process which is intended to create a strategic
blueprint for the future evolution of the international
patent system.

Annex 1 begins with an outline of the current patent system
characterising it as successful but facing two challenges:

* an internal challenge, concerning the actual operation of
the system;
* an external challenge, concerning the policy role, and
the economic and social impact of the patent system.

It suggests that harmonisation of patent systems towards a
common intenational system is the way forward which best
addresses these challenges. Furthermore it suggests that
such harmonisation is an inevitable fact of life given:

* the growth in the international dimension of economic and
commercial activity
* the present inability of many patent offices to meet
growing user demands with equivalent applications being
filed and processed in many different countries, rather
than just one
* the need to lower the processing costs and administrative
barriers that are limiting participation in the
international system of applicants from developing and
least-developed countries, and smaller enterprises a
* the possibilities offered by accessible modern
information and communications technology for the processing
of patent applications.

The authors then move on to spell out in detail the
percieved benefits of such a system in the following areas:

* rationalisation of resource use
* harmonisation
* the special needs of small offices
* regional cooperation
* managing policy tensions
* improved services for the user

Finally the paper looks at how such a system might be
brought about suggesting that the existing Patent
Cooperation Treaty (PCT) might be a suitable vehicle for
change.

Annex 2 of the paper summarises the options for future work
outlining interim step towards the WIPO vision of a
strategic blue-print for the international patent system.
These are broadly divided into:

* options relating to grant of patents,
* options relating to improving the way that patents and
the patent system are used.

Available online at:
http://www.wipo.org/eng/document/govbody/wo_gb_ab/pdf/a37_6.pdf

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2. WIPO MOVES TOWARDS 'WORLD' PATENT SYSTEM

Author(s): GRAIN

Produced by: Genetic Resources Action International (GRAIN)
(2002)

Paper taking a critical look at the 'WIPO patent agenda'
that GRAIN believes is the begining of a framework for a
world patent system characterised as 'an Orwellian mixture
of dream (e.g. for global corporations, which get a 'one-
stop shop' to deal with) and nightmare (e.g. for local
patent lawyers, who lose their jobs)'.

The report identifies three main areas which it believes
constitute WIPO's building blocks for this new world system:

* the Patent Law Treaty (PLT) which harmonises the
formalities that patent offices undertake to administer
patent applications
* the Patent Cooperation Treaty (PCT) which provides a
common facility to conduct international searches of prior
art for patent applications.
* the ongoing negotiations over the Substantive Patent Law
Treaty (SPLT) which attempts to harmonise the basic rules
governing patents.

The authors outline what they see as the core controvesies
surrounding the SPLT namely:

* whether business methods are patentable
* whether to incorporate the provisions of TRIPS Articles
27.3 and 3 on exclusions from patentability
* whether the SPLTwill allow developing countries to secure
financial benefit s from access to genetic resources as
prescribed by the biodversity convention (CBD)

To conclude the paper argues that a world patent system
would put an end to the use of patent law as a tool for
development by developing countries and yet these countries
have had very little say in negotiations up until now.

Available online at:
http://www.grain.org/publications/wipo-patent-2002-en.cfm

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3. THE PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE: SUMMARY OF
ISSUES RAISED AND POINTS MADE

Author(s): WTO Secretariat

Produced by: World Trade Organization (WTO) / General
Agreement on Trade and Tariffs (GATT) (2002)

This note summarises the issues raised and the points made
by delegations in the Council for TRIPS in regard to the
protection of traditional knowledge and folklore. It was
prepared in response to the request made during the TRIPS
Council meeting of 5-7 March 2002 that the Secretariat
prepare short paper summarising the relevant material
presented to the TRIPS Council, whether in written or oral
form, and listing all the relevant documentation.

The report has 4 sections:

* general issues relating to the protection of traditional
knowledge
* the grant of patents in respect of traditional knowledge
* consent and benefit sharing
* national legislation, practices and experiences.


Available online at:
http://docsonline.wto.org/

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4. INDIGENOUS KNOWLEDGE DOSSIER

Author(s): SciDev.Net

Produced by: SciDev.Net (2002)

This dossier is intended to contribute to the exchange of
information on indigenous knowledge (IK) by providing
relevant annotated links to external websites, offering
access to discussion groups and to electronic versions of
key reports and documents within the field of IK.

The dossier critically addresses key issues relating to the
possible contribution of IK to development and science. It
does this by presenting the experiences and perspectives of
people who are working in the field through analytical
policy briefs and topical opinion articles.

The dossier contains policy briefs on key issues, an
abstracted list of key background papers, news, features
and discussion.

Available online at:
http://www.scidev.net/dossiers/indigenous_knowledge/index.html

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5. ARE INTELLECTUAL PROPERTY RIGHTS STIFLING AGRICULTURAL BIOTECHNOLOGY
IN DEVELOPING COUNTRIES?

Author(s): Pardey, P. G.; Wright, B. D.; Nottenburg, C.

Produced by: International Food Policy Research Institute
(IFPRI) (2000)

This summary of research from IFPRI addresses the issue of
balancing corporations increasing desire to seek IP
protection for biotech. products against concerns that
developing countries will not have access to these new
developments. The authors argue that whilst these concerns
were valid over the long term they were being exagerated in
the short term in terms of the threat posed to the poor.

Investigation of the intellectual property rights assigned
to the key enabling technologies used to transform crops
revealed that these rights are mainly held in, and are
therefore primarily relevant to, rich-country jurisdictions.
Thus for most of the crops that matter for food security in
poor countries, researchers' freedom to operate is not
impeded. Much of the needed technology is unencumbered by
intellectual property rights in developing countries and
little of the developing-country production gets shipped
into developed-country jurisdictions where intellectual
property rights may prevail.

In addition, the authors argue that the misconception that
intellectual property rights currently impair freedom to
operate of developing-country breeders of food staple
plants also threatens these countries' effectiveness in
bargaining for access to the scientific outputs of private
corporations. Furthermore concern that patents and other
forms of intellectual property are currently severely
constraining the freedom to operate in developing countries
is diverting attention from the more crucial issue that
growth in investment in agricultural research in and for
developing countries has stalled.

Freedom to operate is however a problem for developing-
country research on export-oriented cash crops such as
horticultural products, tropical beverages like coffee or
cocoa, or dessert bananas. Also as TRIPS compliance
increases amongst developing nations in the future IPRs may
well then impede development.

Available online at:
http://www.ifpri.cgiar.org/pubs/books/ar2000/13-19_biotechproprights.pdf

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6. IP FOR TRADITIONAL KNOWLEDGE ON-LINE: RECOGNIZING, RESPECTING AND REWARDING CREATIVITY AND INNOVATION AT GRASSROOTS

Author(s): Gupta, A. K.

Produced by: World Intellectual Property Organization
(WIPO) (2002)

The central thesis of this paper is that given the
inadequacies in the technical competence and
infrastructural capabilities of most of the developing world,
an international registry administered electronically by
WIPO and/or its subsidiaries might provide the most
effective tool for meeting the aspirations of grassroots
innovators and traditional knowledge holders.

The paper is organised in three parts. Part one deals with
the conceptual dimensions of traditional knowledge systems
and the ethical, equity, efficiency aspects of the
disclosure. In part two, the challenges involved in
reducing ex-ante and ex-post transaction costs of IP
protection of on line IP administration for both producers
and users of traditional knowledge systems and innovations
at grassroots are explored. The potential advantages of
linking grassroots knowledge systems with global
opportunities for financing the valorization and commercial
and non-commercial dissemination of the traditional
technologies and grassroots innovations are also
highlighted. Finally, the policy and institutional
implications of operationalising an on line IP system are
discussed in part three. These include:

* the need for an international agreements to provide a
global registry
* any individual from any country should be able to
register one's knowledge, innovation or practice and gain
maybe a ten year right immediately, and after examination
40 or 60 years right.
* wherever disputes arise among communities, general policy
should be to err on the side of inclusivity
* the international registry through the proposed
international treaty should make it possible for a
signatory country to provide protection in their
jurisdiction.
* the on line administration should facilitate
this task even in the countries where national systems are
inadequate.
* to address internet connectivity problems in developing
countries satellite based communication systems or CD based
depositories in as many locations as possible and as often
updated as possible should be explored.

Available online at:
http://ecommerce.wipo.int/meetings/2001/conference/presentations/
pdf/gupta.pdf

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7. TRADITIONAL KNOWLEDGE OF BIODIVERSITY IN ASIA-PACIFIC: PROBLEMS OF PIRACY & PROTECTION

Author(s): GRAIN; Kalpavriksh

Produced by: Genetic Resources Action International (GRAIN)
(2002)

This report examines issues surrounding traditional
knowledge of biological resources in the Asia - Pacific
region particularly in the context of increased pressure on
communities and governments to commoditise and privatise
biodiversity. The authors argue that mechanisms to protect
traditional knowledge (TK), primarily through intellectual
property (IP) rights, are weak and often unsuitable.

The paper begins by summing up the global state of play
with regard to TK highlighting the primary actors in IP
legislation - WTO, UPOV, WIPO - and the other key bodies
involved, namely the Convention on Biological Diversity
(CBD), FAO and APEC. It outlines case studies of
conflicting interests over control of biological resources
and details how governments are tackling TK issues through
research, documentation, community initiatives and
acknowledgment of the roles of traditional healers and
women.

The authors conclude that the unequitable exploitation
of TK can be stemmed through:
* increased networking amongst local communities and NGOs
* the development of strong community rights systems
* clear legal measures linked to recognition of indigenous
peoples and communities rights
* the recognition and protection, through legal means, of
the various initiatives at documenting traditional
knowledge
* highlighting alternatives to IPRs
* demanding the review and amendment of TRIPS
* raised awareness and empowerment through education

Available online at:
http://www.grain.org/publications/tk-asia-2002-en.cfm



Tracy Zussman-Kay
ELDIS Programme
at the Institute of Development Studies, Sussex
Brighton BN1 9RE, UK

Email: eldis@ids.ac.uk

Tel: +44 1273 877330
Fax: +44 1273 621202
WWW: http://www.eldis.org/ipr