Standing Committee on the Law of Patents Standing Committee on the Law of Patents Created in 1998, it ‘serves as a forum to discuss issues, facilitate coordination and provide guidance concerning the progressive international development of patent law...

multilateral treaties International development of patent law: multilateral treaties TRIPS Agreement (approval of art. 31 bis; disclosure obligation, review of art. 27.3(b)TRIPS Agreement (approval of art. 31 bis; disclosure obligation, review of art. 27.3(b) Patent Law Treaty (2000): 27 contracting partiesPatent Law Treaty (2000): 27 contracting parties Draft Substantive Patent Law TreatyDraft Substantive Patent Law Treaty

International development of patent law: bilateral/plurilateral treaties -IP bilateral treaties-IP bilateral treaties Free trade agreements (FTAs), European Partnerships Agreements (EPAs)Free trade agreements (FTAs), European Partnerships Agreements (EPAs) Anti-counterfeiting Trade Agreement (ACTA) Anti-counterfeiting Trade Agreement (ACTA) Trans Pacific Partnership Agreement (TPP)Trans Pacific Partnership Agreement (TPP)

What kind of development? Outside the multilateral systemOutside the multilateral system In the context of secret, industry led and asymmetric negotiationsIn the context of secret, industry led and asymmetric negotiations With the objective of expanding patent rights, strengthening enforcement With the objective of expanding patent rights, strengthening enforcement Absence of public interest perspectiveAbsence of public interest perspective Focus on pharmaceutical patents Focus on pharmaceutical patents

Patent term Extension of the patent term to compensate for delays in patent examination or in the approval of pharmaceutical productsExtension of the patent term to compensate for delays in patent examination or in the approval of pharmaceutical products –Failure of the administration, burden on society

Patent linkage New exclusive right –to prevent pre- commercialization actsNew exclusive right –to prevent pre- commercialization acts Patent enforcement through national drug agenciesPatent enforcement through national drug agencies

Patentability standards Each Party shall provide that a claimed invention is industrially applicable if it has a specific, substantial, and credible utility

Patentability standards: TPP draft Patents shall be available for any new forms, uses, or methods of using a known product; and a new form, use, or method of using a known product may satisfy the criteria for patentability, even if such invention does not result in the enhancement of the known efficacy of that product (art. 8.1)

Border measures Goods in transitGoods in transit Suspected infringement of any intellectual property right, including patentsSuspected infringement of any intellectual property right, including patents

Domestic enforcement Infringement + damages in cases of non-commercial use Infringement + damages in cases of non-commercial use Compensation without damagesCompensation without damages

SCP, patents and public health (1) Erosion of TRIPS flexibilitiesErosion of TRIPS flexibilities Proliferation of patentsProliferation of patents –-without inventive step/novelty –-overbroad scope (Markush claims)

SCP, patents and public health (2) Transparency, e,g. information on International Non Proprietary Names (INN)Transparency, e,g. information on International Non Proprietary Names (INN) Limited presumption of validityLimited presumption of validity Control of anti-competitive practices, including deceiving patent officesControl of anti-competitive practices, including deceiving patent offices

The role of patent offices The patent office should function ‘as a steward of the public interest, not as a servant of patent applicants. The PTO must protect the public against the issuance of invalid patents that add unnecessary costs and may confer market power…The patent office should function ‘as a steward of the public interest, not as a servant of patent applicants. The PTO must protect the public against the issuance of invalid patents that add unnecessary costs and may confer market power… Federal Trade Commission (2003), To promote innovation: the proper balance of competition and patent law policy, available at htpp:// p. 14.Federal Trade Commission (2003), To promote innovation: the proper balance of competition and patent law policy, available at htpp:// p. 14.