Skip this Video
Download Presentation

Loading in 2 Seconds...

play fullscreen
1 / 23

Themes - PowerPoint PPT Presentation

  • Uploaded on

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

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
Download Presentation

PowerPoint Slideshow about 'Themes' - indra

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Patent Systems in Developing Countries and LDCs: The Need for Coherence between Patent Law and Public Policies: Innovation, Health and Trade

2nd 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


  • How patents operates?
  • Patents vrs public policy: coherence
  • Tools for innovation
  • Checks and balances
  • National innovation policies
  • Incoherence?
  • Challenges
patents vrs public policy coherence
Patents vrs public policy: coherence
  • Development relationship
  • Role of state
    • Stimulate innovation
    • Create a competitive environment
    • Curtail monopolistic practises
    • International obligations
patents vrs public policy international coherence
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…
national coherence tools patent related
National coherence Tools: Patent-related
  • POLICY 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 protection
    • Patent oppositions (pre and post grant)
    • Enforcement obligations
supportive patent related tools
Supportive Patent-related tools
  • Innovation incentives (example neglected disease)
    • Open source drug discovery and development
    • Grants
    • Prizes
    • Advance market commitments
    • Patent pools
    • Tax breaks for companies
    • Priority review voucher
    • A global binding framework for R&D for neglected diseases
  • Patents information
national coherence tools outside the patent regime
National coherence Tools : outside the Patent regime
  • Creation of checks and balances
  • IP 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 laws
national innovation policies case study 1 s ingapore
National innovation policies (case study 1 Singapore)
  • Cautious note
  • In 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
elements of strategy
Elements of strategy
  • 1- Strategic outcomes
    • IP 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; and
    • IP 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 IP
national innovation policies case 2 china
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 filing
  • Lack of national coordination
  • Lack of legislative framework
  • lack of a regional and international agenda
  • Free Trade and TRIPS-Plus agreements
final thoughts
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