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WEEKLY NEWS - OCTOBER 02, 2006

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WIPO agrees work plan to break impasse

Government officials attending the WIPO General Assembly have agreed on how they are going to tackle the controversial issue of the IP organization's Development Agenda

Government officials attending the WIPO General Assembly have agreed on how they are going to tackle the controversial issue of the IP organization's Development Agenda.

Member states decided last week that they will hold two meetings in 2007 to consider more than 100 proposals that have been put forward as part of efforts to make WIPO more responsive to the needs to developing countries.

The issues range from making available money for training IP officials to ensuring that policy makers consider the impact of their proposals on developing countries.

"The emphasis is going to be on getting practical results," said Francis Gurry, WIPO deputy director general.

On another controversial issue that divides developing and developed countries – patent harmonization – member states agreed to hold more talks during the first half of 2007.

Richer countries generally want the committee considering WIPO's draft Substantive Patent Law Treaty to focus only on four areas: the definitions of prior art, grace period, novelty and inventive step. Developing countries want it to consider nine more issues, including exclusions from patentability and disclosure of origin.

Gurry admitted that officials had been unable to come to an agreement and needed to look for common ground.

He said that countries will be able to make proposals on a committee work plan before the end of the year, and that the chair of the General Assembly will hold consultations in the first half of 2007 before sending a recommendation to the 2007 Assembly. This will try to set a work plan for the next two years.

Meanwhile, a group of developed countries referred to as Group B will seek progress on harmonization of a limited package of patent law issues relating to prior art.

Another area where member states agreed to carry on talking is the protection of broadcasting organizations. The General Assembly agreed to convene a diplomatic conference from November 19 to December 7 next year with the aim of concluding a treaty on the protection of broadcasting organizations, including cablecasting organizations. WIPO said that the decision "signals entry into the final phase of treaty negotiations".

WIPO scored a notable success with a proposal on setting up a digital access service for patents winning the backing of member states. Under the new scheme, patent applicants can send copies of documents relating to their first filing, which proves the priority date, to WIPO.

When patent offices in subsequent filings ask for these documents, the applicant will be able to refer them to WIPO. "A working group will meet in January to discuss how it is going to be implemented and we want to get it going by mid-2007," said Gurry.

The General Assembly also backed the newly created Nordic Patent Institute's application to become an approved PCT searching and examination authority. The approval will become effective in January 2008.



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