Industrial Property

Intellectual Property and Development

Jane Lambert

Last updated 12 Feb 2006

Although it is recognized that some reciprocal protection for new technologies, artistic and creative works is necessary for international trade, there is widespread concern that such protection can benefit technologically advanced countries at the expense of the less developed. A measure of acceptance of those concerns is shown by the concessions for such countries in TRIPs, Berne and elsewhere. The problem has become arisen particularly in the following contexts:

	access to patented medicines in lesser developed countries;
	access to seeds, pesticides, fertilizers and other products for use in agriculture;
	exploitation of the fruits of traditional knowledge; and
	access and right to use material published on the internet.

Useful materials on these subjects are available not only on the WIPO and WTO websites but also on those of the Quaker United Nations Organization, the weblog IP Watch and the Commission on Intellectual Property Rights established by HM Government. The Commission's report "Integrating Intellectual Property Rights and Development Policy" was published in September 2002.

The position of the patent offices of the leading industrial nations was expressed as follows in a joint statement of intent published on the UK Patent Office website on 8 Feb 2005:

" 1. The Participants ("Participants") of the Exploratory Meeting of Interested Parties Concerning the Future of Substantive Patent Law Harmonisation, held February 3-4, 2005 in Alexandria, Virginia, wishing to promote and facilitate progress on certain key issues under consideration in the World Intellectual Property Organisation (WIPO), agree to convene future meetings to consider:

(i) substantive patent law harmonisation issues, notably the Trilateral "first package", as developed by the United States Patent and Trademark Office, the European Patent Office and the Japan Patent Office and set forth in WIPO Document WO/GA/31/10; and
(ii) issues with regard to intellectual property and development, including proposals for a WIPO Development Agenda and proposals relating to genetic resources,
with a view to seeking a common basis for further discussions in WIPO.
2. The Participants agree that the following parties will be invited to participate in the future meetings: all Members of WIPO Group B, Member States of the European Union, the European Commission, Member States of the European Patent Organisation, and the European Patent Office.
3. The Participants further agree to have regular, inter-sessional meetings of subgroups to address the issues referenced in Paragraph 1.
Participants: Australia, Belgium, Canada, Czech Republic, Denmark, European Commission, European Patent Office, France, Germany, Hungary, Ireland, Italy, Japan, Lithuania, Luxembourg, Netherlands, Portugal, Romania, Slovak Republic, Spain, Sweden, Switzerland, United Kingdom, United States of America."

Discussions have recently begun on a proposal for an EC regulation on compulsory licensing of medicines for countries with public health problems pursuant to the Doha Declaration in 2001.
 

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