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
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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