India, Indonesia, Philippines, Sri Lanka, South Africa and Egypt have just provided inputs for the Chair’s (Canada, Alan Troicuk, Senior Counsel, Canadian Intellectual Property Office), Summary of the Working Group of the Patent Cooperation Treaty (PCT). The Philippines made the intervention on behalf of the group of like minded countries.
Inputs for chair’s summary proposed by group of like minded countries
India, Indonesia, Philippines, Sri Lanka, South Africa, Egypt
The 2nd session of the PCT Working Group recognized the need to continue efforts to improve the working of the PCT system within its existing legal framework. In this context, the group acknowledged and thanked the secretariat for the efforts made to prepare the draft roadmap on “The Future of the PCT”. The Working Group took note of the Proposals in the draft roadmap and welcomed the useful discussions on them.
The Working Group agreed that the roadmap raised certain concerns as acknowledged by the chairman and the secretariat. To address these, it was agreed that there was a need to undertake further study while factoring, inter alia, the following elements.
(I) Begin by identifying the current problems and challenges facing the PCT system;
(II) Analyze the causes underlying the problems;
(III) Outline possible options to address them;
(IV) Assess the impact of the proposed options; and
(V) Be a member-driven process, involving broad-based consultations with all stakeholder groups.
The study should focus on the international phase, without limiting the freedom of contracting states to prescribe and apply substantive national conditions of patentability. It should take into account the development agenda recommendations, in particular, recommendations NO. 15, 17, 20, 21, 22 and 44. The study should also address the concerns expressed by member states in this meeting.
Keeping in view the sense of urgency expressed by some member states, the group urged the timely submission of the study to member states for further consideration.
(as of 7 May 2009, 15:30)