1. Governance of the European Patent System: A Separation of Powers Approach Professor Peter Drahos The Australian National University, Canberra and Queen Mary, University of London 9 November 2006

2. Current governance of the European patent system insider governance European patent system Patent Attorneys EPO Big business users governance

3. Separation of powers approach to governance European patent system Target concentrations of power Transparency balance External audit process Transparency registers

4. Traditional models of governance State Law Food safety Pharmaceuticals Aviation etc

5. Modern networked governance model Public or private actor State Public or private actor

6. WTO’s Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) Japanese multinationals with large IP portfolios United States multinationals with large IP portfolios World Trade Organization TRIPS European multinationals with large IP portfolios USTR

7. Doha Declaration on TRIPS and Public Health NGOs eg MSF Oxfam Public health advocates Civil society activists Developing country governments Developed country governments

8. A transparency balance: existing model Patent Office Policy Committees Advisory Committee PO staff Big users, patent attorneys PO acts as a secretariat for Review/Inquiry filtering effect

9. Patent Office Policy Committees Advisory Committee PO staff Big users, patent attorneys Users of patented technologies Scientists Open source A transparency balance: membership and appointment to committees transparent

10. Patent quality: an external audit check litigation opposition Granted patents (100%) EPAC EP Companies Scientists Health NGOs Software organizations EPO internal audit process

11. ‘even experts have trouble making accurate searches’ Generic drug company enters patent system here Patent granted

12. Transparency Registers Generic drug company enters patent system here Island of certainty Patent granted

13. Concentrations of power that compromise patent quality Patent Office Examiners Senior Managers Large numbers of applications Patent attorneys Output targets A separation of powers approach would increase the independence of examiners consistent with the goal of improving quality

14. Professor Peter Drahos, Director Centre for Governance of Knowledge and Development Regulatory Institutions Network (RegNet) The Australian National University, Canberra peter.drahos@anu.edu.aucgkd.anu.edu.au