Patent Agenda. Egyptian National Group of AIPPI

Transcription

1 ASSOCIATION INTERNATIONALE INTERNATIONAL ASSOCIATION INTERNATIONALE VEREINIGUNG POUR LA PROTECTION FOR THE PROTECTION FÜR DEN SCHUTZ DE LA PROPRIETE INTELLECTUELLE OF INTELLECTUAL PROPERTY DES GEISTIGEN EIGENTUMS Patent Agenda Egyptian National Group of AIPPI Introduction The Egyptian Association for Protection of Industrial Property (AEPPI) is a nongovernmental association of patent attorneys, trademark agents, lawyers, university professors and industrial companies. Though the Egyptian National Group of AIPPI has only 54 members, it does represent a quarter of the total number of AIPPI Members in the African Continent. In spite of its small number, AEPPI has been trying to promote intellectual property protection though harmonization, implementation and enforcement of IP Laws and Treaties, be it locally, regionally or internationally. It has actively participated in studies of various aspects of intellectual property protection in view of the recent challenges and global developments, focusing on the specific problems related to IP protection in developing countries, those which affect Egypt particularly. Due to the very short delay given to the Egyptian Group for comments, we will focus on some points we feel are of major importance regarding our country and the Arab/ African region. Support to the Brazilian Group We have been very impressed by the report of the Brazilian Group, which is reflecting the real needs of developing countries and countries in transition. Need for a well balanced patent system

2 2 The international Patent system, "if intended" to be followed or used internationally, should take into consideration, the low levels of development in most countries all over the World. We believe that the PCT, although widely used now, seems no longer sufficient to meet the needs of the users of the international patent system: industries, governments or consumers. Even if it is true that PCT system provides the same accessibility to international patent applications for developed countries as for developing countries, less developed countries and countries in transition, in practice and according to the figures given by WIPO, the great majority of PCT applications originate from developed countries. Instead of an extended version of existing systems a new structure of the International Patent system should be designed embracing the developing countries, less developed countries and countries in transition. In this regard developing countries need the assurance that their participation in any international development or treaty for an international patent system will lead to tangible economic and technological benefits for their country. Need for Harmonisation Patent offices worldwide should invest time and effort to avoid duplication by taking into account the works of others. This can be achieved by sharing the technical means they have, such as search tools, in order to increase mutual cooperation. Harmonization between Patent Offices and on substantive patent issues would lead to adopt a mutual recognition policy of the work done by other offices. Groups of countries should be encouraged to establish further regional systems which would include the potential for responding to current workload challenges. An internationally acceptable system for the drafting of patents claims and their interpretation would be helpful to national Patent Offices of the developing countries, least developed countries and countries in transition in pre-grant search, examination and assessment of patentability.

3 3 Furthermore, centralized databases accessed and used by all patent offices through the internet would help. The administrative and recording functions of the International Bureau must be shared with the Receiving Offices in an easy manner, provided that proper training is given to their personnel and that they have the means to handle them. Emergency measures have to be taken in order to narrow the widening gap between developed countries from one part and developing countries, less developed countries and countries in transition on the other part and here comes the real role of WIPO in acting to ensure the local development in each country of a capable technical body supported by the material means necessary to accomplish the task now mainly performed by the large patent offices. We fully agree with the Brazilian Group concerning the financial autonomy of IP offices, and we further add to this proposition that these IP offices should use their financial autonomy in order to attract a technical body capable to deal with the material means necessary to accomplish its task. Greater use of modern information and communications technology in obtaining and processing of patent rights by both applicants and patent offices should be available by sharing common tools, i.e. search database, search and examination reports, publications and register of granted patents. Patent coverage should be broadened to include new technologies and not subject to ethical restrictions. National systems should take into account the particulars needs of their nationals and provide protection systems that are adapted to the degree of economic development of their country. Problems of costs The Patent System must recognize different degrees of development in different countries. This patent system needs to contemplate the fact that same means of protecting

4 4 inventions must exist at different levels, i.e. at national, regional and international levels, thus giving the chance to all kinds of applicants to use the system that best fits their own needs. We believe that it is time to adapt the principal of national and equal treatment to all, as established by the Paris Convention, to the reality of the world today a century later. We propose that a special treatment should be adopted for individuals or small entities from developing countries, less developed countries and countries in transition to enable them to export their technology. There should be further projects which aim to simplification and stream lining of practices and procedures with reduction in costs and un-necessary formalities while maintaining appropriate quality of search and examination. Low costs and alternatives for securing patent protection should be developed and made accessible to inventors and small and medium sized enterprises for whom international patent protection is too expensive presently, thus inaccessible. Problems of Enforcement & Infringement of IP Though arbitration may has a role to play in solving patent infringements, it cannot replace a traditional Court System. Therefore, it would be advisable that WIPO had a more active role in promoting the improvement of enforcement measures in its Member States. Said improvement should be reflected in smaller costs and faster and more consistent results, to the benefit of both patentees and third parties. Of course, harmonization of Patent Laws would play a key role in one such initiative. It cannot, however, be a stand alone measure and should be supported by a better dissemination of patent culture among judges and attorneys. Dissemination of patent information

5 5 The development of information technology permits progress through a better sharing of information and tools between patent offices worldwide. Patent coverage should be broadened to include new technologies. All the information that is not secret should be made available to users on-line. Studies aimed at a broader and internationally consistent coverage in new or newly exploited fields of technology are a must, specifically to help developing countries, less developed countries and countries in transition to access the new era of scientific and technological progress. There must be mechanisms and programs to provide support for international licensing transactions, also tools for assisting research activities. Finally, in order to encourage opportunities of research and development worldwide, proper disclosure of patented matter should include translation into all official languages recognized by the United Nations. The lack of dissemination would substract from patents much of the value they have for developing societies which would not benefit from their teachings. Conclusion The development of the Third World will depend on the support received by developing countries, the main users and only beneficiaries of the IP systems today. Developing countries need the assurance that their support of and adherence to sophisticated IP systems as well as their participation in any international development or treaty in the area of IP Law, including the WIPO initiative for the creation of an international patent system, will lead to tangible economic and technological benefits