"The United States Patent and Trade Mark Office recently invited representatives from the European Commission, the European Patent Office, and a number of national patent offices to discuss how to make progress on patent law harmonisation and issues surrounding intellectual property and developing countries. The meeting agreed the following Statement of Intent:
The Participants ('Participants') of the Exploratory Meeting of Interested Parties Concerning the Future of Substantive Patent Law Harmonisation, held February 3-4, 2005 in Alexandria, Virginia, wishing to promote and facilitate progress on certain key issues under consideration in the World Intellectual Property Organisation (WIPO), agree to convene future meetings to consider:
substantive patent law harmonisation issues, notably the Trilateral 'first package', as developed by the United States Patent and Trademark Office, the European Patent Office and the Japan Patent Office and set forth in WIPO Document WO/GA/31/10; and
issues with regard to intellectual property and development, including proposals for a WIPO Development Agenda and proposals relating to genetic resources, with a view to seeking a common basis for further discussions in WIPO.
The Participants agree that the following parties will be invited to participate in the future meetings: all Members of WIPO Group B, Member States of the European Union, the European Commission, Member States of the European Patent Organisation, and the European Patent Office.
The Participants further agree to have regular, intersessional meetings of subgroups to address the issues referenced in Paragraph 1.
Participants: Australia, Belgium, Canada, Czech Republic, Denmark, European Commission, European Patent Office, France, Germany, Hungary, Ireland, Italy, Japan, Lithuania, Luxembourg, Netherlands, Portugal, Romania, Slovak Republic, Spain, Sweden, Switzerland, United Kingdom, United States of America.'
IP Australia will lead a subgroup on substantive patent law harmonisation, and the UK and Netherlands will jointly lead a subgroup on development issues. Meetings of the two subgroups will be held between March and May, with a view to preparing proposals to put to the World Intellectual Property Organisation later in the year. The UK will also be attending WIPO meetings with developing countries to identify issues which will facilitate progress on a mutually beneficial basis."
This clearly seems to be an attempt staged by the U.S. to outmanoeuvre the WIPO which is increasingly perceived as being hampered by certain WIPO Member States (Brazil, Argentina) and NGOs increasingly obstructing the emerging global system of Intellectual Property protection. And it looks as if this attempt was, at least for the beginning, quite successful. We'll have to wait and see.
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Dipl.-Phys. Axel H Horns is Patentanwalt (German Patent Attorney),
European Patent Attorney as well as European Trade Mark Attorney. In particular, he is Member of:
reports:
obstructing the emerging global system of Intellectual Property protection. And it looks as if this attempt was, at least for the beginning, quite successful. We'll have to wait and see.
