Future International Patent Cooperation

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1 Future International Patent Cooperation ESF Exploratory Workshop on the Future of Patent Governance in Europe 2013 Tomoko Miyamoto Head, Patent Law Section Hamburg, Germany September 2, 2014

2 Harmonization = Plurality? Features of harmonization (Boodman) Presuppose and preserve the diversity Its components, while retaining their individuality, form a new and more complex entirety Objectively, it could involve both consonance and dissonance Harmonization processes sought when the diversity creates a particular dissonance. The nature and forms of attaining harmony depends on the specific situation and circumstances. Flexibility is often a necessary part of creating and managing a relationship with diversity. Both harmonization and flexibility cannot be discusses in abstract. Both notions are dynamic establishing and re-establishing harmony in the changing world

3 Visions of the future international world WIPO Convention Future international patent cooperation The Agreement between the UN and WIPO Common goals for cooperation The UN common values (ex. peace, human rights, equality, sustainable development) IP system to encourage innovation and creativity worldwide Facilitate participation by all countries in the benefits of technological and cultural advances

4 Development Agenda WIPO Strategic Goals I. Balanced Evolution of the international normative framework for IP II. Provision of Premier Global IP Service III. Facilitating the use of IP for development IV. Coordination and development of Global IP infrastructure V. World reference service for IP information and analysis VI. Int. coop. on building respect for IP VII. Addressing IP in relation to global policy issues VIII. A responsive communications interface between WIPO, its MSs and all stakeholders IX. Efficient administrative and financial support structure International patent cooperation in various spheres, pursued in parallel - Political, legal - Principles and frameworks - Implementation and operation - Norms - Global filing service (PCT) - Capacity building - Technical infrastructure - Technology platforms - Arbitration and mediation Formal treaty negotiation Development of soft law Sharing of info and experiences

5 Fora Cooperation taking place in the complex web of national and bilateral, plurilateral, regional. multilateral frameworks IP and beyond. Coordination? The role of neutral and credible facilitators for the environment conducive to international cooperation Empirical and factual information to facilitate informed decision making Do bilateral agreements facilitate multilateral cooperation?

6 Changing landscape (1) Internationalization of science and technology production China: the destination of the highest number of patent applications filed and the highest number of patent applications worldwide originated from Chinese applicants. The Russian Federation and India in the top 20 for the destination and origin showing strong growth in their origin applications (>10%). Brazil, Mexico, Singapore and South Africa in the top 20 list for the destination of patent applications. Immigration and emigration of inventors and cross-pollination Increase in demand for patent protection Improvement of the PCT International cooperation regarding non-pct foreign filings (45% of worldwide foreign applications)

7 Changing landscape (2) ICT better possibilities of sharing and processing information internationally Potential for fundamental changes in the nature of patent administration services Cloud sourcing? Standard technical interface and a legal framework underpinning global sharing and processing of digitized information

8 Changing landscape (3) Recognition of the intertwined nature of pre- and post-grant issues Many of the questions that have preoccupied the Organization in the past century have concerned the conditions for the grant of IP rights. There remain important questions, but another area of change is the emphasis that is also being placed on the use of IP rights after their grant. It is this latter area that has attracted attention in the fields of transfer of technology, competition law, health, [ ] the intersection of the finance system and IP [ ] and the role of IP in development. (WIPO Medium Term Strategic Plan ) Recently, the emphasis also on quality of patents, patent search and examination, and disclosure of inventions in patent applications in view of dissemination of knowledge

9 Changing landscape (4) How will the future patent governance in Europe impact future international patent cooperation?

10 Thank you