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Patent Systems in Developing Countries and Patent Systems in Developing Countries and

Patent Systems in Developing Countries and - PowerPoint Presentation

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Patent Systems in Developing Countries and - PPT Presentation

LDCs The Need for Coherence between Patent Law and Public Policies Innovation Health and Trade 2 nd WIPO InterRegional Meeting on SouthSouth Cooperation on Patents Trademarks Geographical Indications Industrial Designs and Enforcement ID: 315099

patent innovation national patents innovation patent patents national public incoherence coherence international singapore trips policy tools vrs global policies

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Slide1

Patent Systems in Developing Countries and LDCs: The Need for Coherence between Patent Law and Public Policies: Innovation, Health and Trade

2

nd

WIPO Inter-Regional Meeting on South-South Cooperation on Patents, Trademarks, Geographical Indications, Industrial Designs and Enforcement

Cairo 6-8 May 2013

Dr. Mohammed El Said

(UCLAN,

UK)Slide2

Themes How patents operates? Patents vrs public policy: coherence Tools for innovation

Checks and balances

National innovation policies

Incoherence?

Challenges

Slide3

How patents operate? Incentives vrs monopoloy Slide4

Patents vrs public policy: coherenceDevelopment relationshipRole of stateStimulate innovation

Create a competitive environment

Curtail monopolistic practises

International obligations Slide5

Patents vrs public policy: international coherence

Under international law and the TRIPS Agreement,

TRIPS

Preamble

Recognizing

the underlying public policy objectives of national systems for the protection

of IP,

including developmental and technological objectives;

TRIPS Art.

7:

The

protection and enforcement of IPRs should contribute to the

promotion of technological innovation and to the transfer and dissemination of technology

to the mutual advantage of producers and users of technological

knowledge…

TRIPS Art 8.1

:…in

formulating or amending their laws and regulations, adopt measures necessary to

protect public health and nutrition, and to promote the public interest in sectors of vital importance

to their socio-economic and technological

development…Slide6

National coherence Tools: Patent-relatedPOLICY SPACE

: wide

incorporation & interpretation of flexibilities:

Transition periods if applicable

Compulsory Licensing + guidelines

Parallel importation

Patentability

criteria (minimize

evergreening

)

Exceptions from patent protection

Exemptions from patent protectionPatent oppositions (pre and post grant)Enforcement obligations Slide7

Supportive Patent-related tools: Triggering innovation Slide8

Supportive Patent-related toolsInnovation incentives (example neglected disease)Open

source drug

discovery and development

Grants

Prizes

Advance

market

commitments

Patent pools

Tax

breaks for

companiesPriority review voucherA global binding framework for R&D for neglected diseasesPatents informationSlide9

National coherence Tools : outside the Patent regimeCreation of checks and balancesIP as one element, other factors:

Role of competition

law (deter, correct, balance)

Abuse, Mergers, Prevention of generics, Bids, cartel…

etc

Patent offices

Pension schemes, national health insurance

programs, national innovation agendas, procurement…

etc

Role of Judiciary Access to information lawsSlide10

FACTORS: Innovation

vrs

accessibility and availability Slide11

National innovation policies (case study 1 Singapore)Cautious noteIn April 2013, Singapore revealed its 10 years plan to be a global IP Hub

Over 200 IP professionals were consulted over a year.

long term based on comparative advantage Slide12

Elements of strategy 1- Strategic outcomesIP

transactions and

management

: using Singapore

as

a

base to manage and transact

IP

Quality

IP

filings

: companies register and utilise their IP, services and infrastructure, and leverage Singapore as a gateway to secure IP protection in key markets worldwide; andIP dispute resolution:

IP disputes

brought for expeditious/effective

resolution through

litigation/ADR

.

2- Supporting Enablers

: To achieve, should

develop:

Skilled

manpower

:

networked

to the region and beyond, to

effectively

serve the international needs of companies

;

A

conducive and progressive

environment for IP activities,

to strengthen

international acclaim of Singapore as a vibrant IP hub and

establish it

as

leader

in IPSlide13

National innovation policies (case 2 china)Exploring creative options nationally =Professors are likely to win tenures

Those who file patents are likely to earn residence permits to live in desirable cities

For some types of patents, government pays cash bonuses

Other types government pays filing fees

Corporate tax exemptions up to 25%,

More likely to government contracts

Utility models

filingSlide14

Examples of incoherence Slide15

incoherence ?Slide16

incoherence ?Slide17

incoherence?Slide18

incoherence? Slide19

incoherence?Slide20

incoherence?Slide21

Challenges Lack of national coordinationLack of legislative frameworklack of a regional and international agenda Free Trade and TRIPS-Plus agreements Slide22

Final thoughts “In a global economy, a global system of intellectual property rights is needed. This system must reflect the needs both of countries that are developing and those that have developed. The problem is similar to the one concerning which types of knowledge should be in the public domain in the developed world’’.

Lester Thurow, 1997

22Slide23

Thank youMel-said@uclan.ac.uk