Transcript No Slide Title

INTERNATIONAL BALTIC CONFERENCE
ON INTELLECTUAL PROPERTY
Vilnius, September 13 and 14, 2007
CHALLENGES TO THE INTERNATIONAL
PATENT SYSTEM IN THE 21ST CENTURY
Philippe Baechtold
Head, Patent Law Section
Sector of PCT and Patents, Arbitration and Mediation Center and
Global Intellectual Property Issues
World Intellectual Property Organization (WIPO)
The international patent system today
• Various layers: multilateral, regional, bilateral
• Present situation:
– claims for more innovation (for development and wealth), but
also criticism (as to increasing monopoly rights)
– multilateral approach in difficulty (e.g. SCP)
– constant search for balance
• The international patent system thus needs to
– be accepted as fostering innovation
– deliver valid and high-quality patents
– accommodate certain policy interests
– be accessible and cost-effective
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What is the balance we are looking for?
Method of swinging on a
swing
Abstract
A method of swing on a swing
is disclosed, in which a user
positioned on a standard swing
suspended by two chains from
a substantially horizontal tree
branch induces side to side
motion by pulling alternately
on one chain and then the
other.
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A threatening context for the IPS …(?)
• Economic: expansion of demand
• Political: policy issues and questions about the social
and economic benefits of patents; different levels of
development; increased participation of civil society
• Geographical: increase from North-East Asia (China,
Japan, Korea); impact on prior art and access to
documents
• Technological: success of Internet and biotechnology;
software; nanotechnology. Prior art
• Legal: adequacy of patent system for all areas; avoid
misappropriation of public domain
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Patent Applications Worldwide
7.4%
3.4%
Average annual application growth = 4.75%
Average annual GDP growth = 5.6%
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Development of PCT Filings
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… or expression of an evolutionary process?
• Expansion of demand goes more or less hand in hand with
growth of GDP; some issues are home-made. Not all offices
concerned
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… or expression of an evolutionary process? (2)
• Policy issues are being addressed (IGC; Doha process etc.)
Increased participation of civil society = enhanced inclusiveness
• Geographical increase: not necessarily a new phenomenon; is
also due to globalization and need for more international
protection (second filings). Access to information is an issue
• Technology: system has adapted to various technologies in the
past , i.e. pharmaceuticals or software
• Legal issues: adequacy of the system to all areas is often raised,
but beware of TRIPS. Conditions of patentability may need a
closer look
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The need for international cooperation
• Some issues = a matter for States/Offices, e.g. some
systemic features
• For others, international cooperation is required, as can
be seen from ongoing international efforts, e.g.:
– work-sharing (e.g. use of search results)
– comparison of legal and administrative practices
– document exchange/access
• Form of such cooperation will vary according to issues at
stake and interests involved (e.g. different interests
between offices and users)
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The need for international cooperation (2)
• Present multilateral framework may not offer sufficient
flexibility for such cooperation
– Umbrella agreements: Paris Convention, TRIPS, PCT
• The need for action also arises as technology and
globalization advance:
– PLT; regional discussions on harmonization
– bilateral/regional trade agreements
– bilateral arrangements for work-sharing
• Political priorities lag behind economic reality
– need for enhancing knowledge and confidence in the
patent system
– inventions are increasingly financial assets
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Preparing for tomorrow
• Challenges are also an opportunity for the IPS
• Some issues that may require international solutions:
– improve validity of patents (patentability requirements) and avoid
patents impinging on the public domain
– address policy aspects, but without hiding the real issues;
recognize various agendas
– improve access to patent information and document exchange
– improve cooperation among offices; rationalize resource use
• Some issues to be solved multilaterally, some bilaterally. Difficulties
of multilateralism, but also long-term advantages for global solutions
→ The IPS needs regular check-ups and benchmarks with the needs of
society; it may thus be able to integrate change rather than to be
crushed by developments that could have been anticipated
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Thank you
[email protected]
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