IMPLEMENTATION AND COMPLIANCE ISSUES Kabir Bavikatte Natural Justice.

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Presentation transcript:

IMPLEMENTATION AND COMPLIANCE ISSUES Kabir Bavikatte Natural Justice

IN COUNTRY MEASURES TO ENSURE COMPLIANCE PROVIDER AND USER COUNTRY POLICY, ADMINISTRATIVE, LEGISLATIVE AND JUDICIAL MEASURES STEPS TO ENSURE EQUITY IN CONTRACT NEGOTIATIONS TRACKING AND MONITORING SYSTEMS EQUITY IN ACCESS TO JUSTICE: LOW COST SYSTEMS, EASY ACCESS, SUPPORT FOR CLAIMANTS ETC. ENFORCEMENT OF FOREIGN JUDGEMENTS PRE-PATENT DISCLOSURE OF COMPLIANCE

DISPUTE RESOLUTION MECHANISM DISPUTE RESOLUTION MECHANISM ACCESSIBLE TO COUNTRIES, ILCs, NGOs, RESEARCH AND COMMERCIAL INTERESTS REGIONAL OFFICES USING LOCAL LANGUAGES WITH PERSONNEL CONVERSANT WITH CULTURAL, SOCIAL, ECONOMIC AND ENVIRONMENTAL REALITIES OF THE REGION GUIDED BY PRINCIPLES OF EQUITY DRAWN FROM A WIDE RANGE OF SOURCES INCLUDING CUSTOMARY LAW AND PRACTICES OF ILCs

INTERNATIONAL OMBUDSMAN TO ENSURE ACCESS TO JUSTICE ESTABLISH AN ABS OMBUDSMAN'S OFFICE RESPONSIBLE TO SUPPORT PROVIDER COUNTRIES, ILCs TO IDENTIFY BREACHES OF THEIR RIGHTS AND TO PROVIDE AID IN SEEKING FAIR AND EQUITABLE RESOLUTION OF DISPUTES EMPOWERED TO TAKE ACTION ON BEHALF OF ILCs ALSO REPRESENT ILCs IN PROCEEDINGS IN FOREIGN JURISDICTIONS, TAKE DEPOSITIONS AND PROVIDE EVIDENCE OF CUSTOMARY LAW AND PRACTICE WHERE APPROPRIATE

INTERNATIONALLY RECOGNISED CERTIFICATE CERTIFICATION SYSTEM CERTIFYING COMPLIANCE OF USER WITH PROVIDER COUNTRY LAWS ISSUED BY COMPETENT NATIONAL AUTHORITY, PRESENTED AT SPECIFIC CHECKPOINTS IN USER AND PROVIDER COUNTRIES CERTIFICATE WITH MINIMUM INFORMATION: ISSUING NATIONAL AUTHORITY, DETAILS OF PROVIDER, CODED UNIQUE ALPHA NUMERIC IDENTIFIER, DETAILS OF RIGHTS HOLDERS OF ASSOCIATED TK, DETAILS OF USER, SUBJECT MATTER, LOCATION OF ACCESS ACTIVITY, LINK TO MAT, USES PERMITTED AND RESTRICTED, CONDITIONS OF TRANSFER TO 3RD PARTIES, DATE OF ISSUE

CHECKPOINTS FOR COMMERCIAL AND NON COMMERCIAL USES CHECKPOINTS FOR COMMERCIAL USE INCLUDE CUSTOMS CONTROLS, IP OFFICES, REGISTRATION POINTS FOR COMMERCIAL APPLICATION. CHECKPOINTS FOR NON COMMERCIAL USE: PUBLISHERS OF SCIENTIFIC JOURNALS, GRANT MAKING BODIES AND EX- SITU COLLECTIONS NO IPRs BASED ON UTILISATION OF GR AND ASSOCIATED TK UNLESS SUCH APPLICATIONS INCLUDE DISCLOSURE OF CERTIFICATE

NEW TECHNOLOGY FOR CERTIFICATION PROCESS LOW COST PUBLICLY SEARCHABLE DATABASES PROVIDING EVIDENCE OF PIC AND MAT RECORDING OF PROGRESSIVE COMPLIANCE OF PIC AND MAT SEARCHABLE PATENT APPLICATION AND REGISTRATION DATABASES INTEGRATION OF GENOMIC AND MORPHOLOGICAL TAXONOMY TO CREATE SPECIES CERTAINTY LOW COST, PORTABLE, GENE BASED BAR CODING TECH AND LINKING IT UNIQUE IDENTIFIERS

SIMPLIFIED PROCESS USE EXISTING TRACKING PROCEDURES INNOVATIVELY ADAPTED TO TRACK GR AND TK MINIMISE CREATION OF NEW LEVELS OF BUREAUCRACY CERTIFICATES ISSUED AUTOMATICALLY ONCE CRITERIA ARE COMPLIED WITH E.g. PIC, MAT CONSOLIDATE EXISTING PERMITTING SYSTEMS WITH ANY NEW SYSTEMS PAPERLESS SYSTEMS SUPPORT TO DEVELOPING COUNTRIES TOWARDS ONLINE SYSTEMS LINKED TO INTERNATIONAL DATABASES