A panel of leading representatives of industry urged the World Intellectual Property Organization (WIPO) and its 175 member States to explore ways of reducing the costs of intellectual property protection. The Industry Advisory Commission (IAC) emphasized that affordable intellectual property protection is a key factor in securing socio-economic
development and promoting widespread use of the intellectual property system.
Meeting under the auspices of WIPO in Geneva on May 4 and 5, the IAC adopted a resolution urging WIPO member States to explore ways to lower the costs of obtaining and maintaining intellectual property protection. In another resolution, the IAC, a body that reflects on the role of WIPO from the perspective of industry, also called on WIPO to take the lead in addressing questions concerning the patentability of biotechnology. The resolutions will be presented to the annual meeting of WIPO member States in September.
The IAC urged WIPO member States to adopt a more comprehensive approach to
reducing the cost of obtaining and maintaining intellectual property protection in multiple countries. The Commission advocated a number of medium and long term measures, namely:
- the harmonization of substantive patent law in order to facilitate greater mutual recognition of search and examination results by patent offices;
- further exploratory work on the possible introduction of a Patent Cooperation Treaty (PCT) certificate of patentability and work, in the long term, on the development of the legal framework for a world patent;
- the adoption of a general principle to eliminate barriers (e.g. fees, unreasonable delays and burdensome procedures) to obtaining and maintaining intellectual property protection at a reasonable cost.
Best Practices The IAC also supported the development of a set of best practices regarding the use of intellectual property fees at national and regional levels. Such practices include:
- the principle that filing, maintenance and other fees derived by intellectual property offices should be used exclusively for purposes related to intellectual property;
- the principle that, in order to lower barriers to access to patent protection, the filing fee should not exceed a designated percentage of the total fees that would be payable if a patent were granted and maintained until expiration of the patent term.
Following an extensive debate on the question, the IAC also called upon WIPO to take a lead role in urgently suggesting the appropriate application of patentability standards in the field of biotechnology.
This was the third session of the IAC, which was established in the context of efforts by WIPO Director General, Dr. Kamil Idris, to take account of the broadest range of opinions in the framework of the Organization’s policy making and program planning. The views from industry are important to WIPO as the private sector benefits directly from the Organization’s services. The commission identifies and reviews issues that may need to be dealt with by WIPO from the specific viewpoint of industry and the market sector. The JAC, whose members sit in their personal capacities, has a purely advisory role.
Members of the WIPO Industry Advisory Commission
Mr.Talal Abu-Ghazaleh, President, Arab Society for the Protection of Intellectual Property, Egypt Mr. Achi Atsain, President, West African Economic Association, COle d’Ivoire
Mr. Heinz Bardehie, European Patent Attorney, Bardehie Pagenberg Dost Altenburg Geissler Isenbruck, Germany
Mr. Jason Berman, Chief Executive Officer and Chairman of the Board, International Federation of the Phonographic Industry, United Kingdom
Mr. Robert Bishop, Chairman, Silicon Graphics World Trade Corporation, Switzerland Ms. Marilyn S. Cade, Director, AT&T, United States of America
Mr. James Cochrane, Executive Director for Europe, Africa and the Middle East, Glaxo Wellcome, United Kingdom
Mr. Hayek, Chief Executive Officer and Chairman, Swatch AG, Switzerland
Mr. Michael K. Kirk, Executive Director. American Intellectual Property Law Association (AIPLA), United States of America
Mr. François Lagrange, Conseiller d’Etat, France
Mr. Ma Lianyuan, Deputy Commissioner, State Intellectual Property Office of the People’s Republic of China
Mr. Frederick Mostert, Intellectual Property Counsel, Richemont International Limited, United Kingdom
Mr. Carlos Roberto Liboni, First Vice-President, Federation of Industries of the State of Sao Paulo, Brazil
Mr. Michio Naruto, Vice Chairman, Fujitsu, Japan
Mr. Katsuo Ogawa, President, Patent Attorney, Nitto International Patent Office, Japan
Tan Sri Dato’ Dr. Othman Yeop Abdullah, Executive Chairman, Multimedia Development Corp, Malaysia
Mr. Joel Schoenfeld, Senior Vice President and General Counsel, Bertelsmann Music Group (BMG) Entertainment, United States of America
Mr. Ashok Soota, Chairman & Chief Executive Officer, MindTree Consulting Pvt. Ltd., India Mr. Herman P. Spruijt, Member of the Executive Board, Elsevier NV, Netherlands Mr. Jack Valenti, Chairman and Chief Executive Officer, Motion Picture Association of America, Inc., United States of America