[Commons-Law] WIPO at crossroads over substantive patents law row

[prabhu ram]

WIPO at crossroads over substantive patents law row

Arun S

New Delhi, June 29  The controversial Substantive Patents Law Treaty
(SPLT), aimed at harmonisation of certain practices in patent grant,
search and examination at the global level, will come up before the
World Intellectual Property Organisation (WIPO) General Assembly
during September-October, a senior official of the world body told FE
on Thursday. There is still no convergence of views on the issue, with
many countries - including India- expressing apprehensions over the
harmonisation move. WIPO is keen to arrive at a consensus on the
issue.

Talking to FE, WIPO deputy director-general designate Narendra K
Sabharwal said the emphasis in WIPO had moved from
legislative-focussed approach to finding out methods as to how
intellectual property could be made a catalyst for development as well
as a growth factor. WIPO's goal now was to find innovative ways to
make IP relevant to developing countries, he said.

Sabharwal, currently the coordinator in the WIPO's coordination office
for external relations, said there was no agreement among the member
countries at the WIPO's standing committee on patents on the proposed
SPLT as the developing countries fear that harmonisation of patents
laws across the world would lead to higher standards which could go
against them.

The developing countries don't want this treaty to become a reality as
they think it would amount to a TRIPS-plus treaty which would make it
difficult for them to have access to important drugs.

On the other hand, according to the proponents of the proposed treaty
in the developed west, it would help reduce the huge backlog of
applications for grant of patents rights.

According to the pro-SPLT lobby, a harmonised law would avoid
duplication of procedure for grant of patents in different countries,
Sabharwal said.

But, the WIPO would remain non-political as it had always been and
would give only legal and technical support as and when requests come
before it, he added.

Developing countries, like India, fear that such a treaty would usurp
their discretionary power to take a decision with respect to patents.

There is also an apprehension in India that the new system will lead
to taking away powers of national governments in patents
determination, search and examination.



URL: http://www.financialexpress.com/fe_full_story.php?content_id=132294