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Subject |
Delay Likely in Convergence of National and Regional |
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17 |
Name |
IP_Park |
Date |
2004/06/07 09:27:43 |
Homepage |
http://www.ippark.com |
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Delay Likely in Convergence of National and Regional Patent Laws and Practices
According to the Korean Intellectual Property Office (KIPO), discussions on globalization of standardized patent criteria at the WIPO's (World Intellectual Property Organization) SCP (Standing Committee on the Law of Patents) meeting failed to narrow differences in the positions of developed and developing countries, which is expected to cause a considerable delay in conclusion of SPLT (Substantive Patent Law Treaty).
The convergence discussions, which have continued since 1985, scored the first success in June 2000 with the conclusion of PLT (Patent Law Treaty), which unified patent procedures of individual countries. The discussions regarding SPLT to unify practical patent requirements have continued since then.
However, with the prolonged delay in conclusion of SPLT, the U.S., Japan and Europe proposed, in April 2004, to exclude from the agenda disclosure of the origin of genetic resources and traditional knowledge, which were responsible for much of the difference in positions between developed and developing countries, and to discuss for conclusion by early 2006 agenda related only to judgments on patentability, and to trials for conclusion at the 10th SCP.
Developing countries, including India and Brazil, strongly pushed for inclusion of patent requirements and effect of inventions using the origin of genetic resources and traditional knowledge, bringing the meeting to an end without significant agreement.
In addition to the confrontation of opinions between developed and developing countries, positions even among developed countries regarding subjects of patents, prior application and grace period differed, making it an agreement seem remote before globalization of standardized patent criteria.
<KIPO>
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