On Monday afternoon, 27 July 2015, Brazil on behalf of the Group of Latin American and Caribbean Countries (GRULAC) delivered the following opening statement which,inter alia, called for a
complete revision of the 1979 WIPO Model Law on Inventions. In this session, our group presents a proposal, which aims at starting the discussion on the revision of WIPO Model Law. GRULAC understands such a document should take into account international legal landmarks, such as the WTO Agreements, and the WIPO Development Agenda Recommendations. We urge all delegates to take advantage of the few days before the start of this discussion to go through this document and recognize that it is outdated and does not serve the purpose intended.
The full statement follows.
GRULAC Opening statement
SCP 22 – July 27-31Thank you Madam Chair for giving me the floor,
I have the honor of taking the floor on behalf of the Group of Latin American and Caribbean Countries.
Since this is the first time I am taking the floor, let me congratulate you on your election. Our group believes that under your able guidance we will achieve good results this week.
M. Chair,
We have a short but interesting agenda in front of us. Under agenda item 6, “five issues under consideration” We have two studies on substantive examination: on “sufficiency of disclosure” and “inventive step”. It is important to member states to learn from each other’sexperiences and practices under these two topics. While acknowledging similar practices in some countries, we are invited to recognize that IP policies and legislation should address national economic and scientific issues as well as development concerns.
The first study, titled “Study on inventive step” acknowledges different practices in every country in order to characterize various approaches taken by IP offices. Whether called “non-obviousness” or “inventive step”, it is clear that the topic has a key role in national innovation systems, and for that reason it is a valued flexibility provided by the TRIPS Agreement.
The second study, titled “Sufficiency of Disclosure”, is a consolidation of factual information provided by IP offices on how member states have implemented the sufficiency of disclosure requirement. Sufficiency of disclosure is a crucial component of the patent’s system’s function of technology dissemination and, therefore, a tool for technology transfer from developed to developing countries.
On the topic of the current work on the SCP, our group attaches great importance to the exceptions and limitations on patent rights. As a result of the discussions held in our last session, we request that the Secretariat prepare an analysis of those exceptions and limitations that have proven effective to address development concerns. Similarly, based on this analysis, we would like to propose the development of a non-exhaustive manual on this topic as a reference to Member States of WIPO.
Our group is also very much interested in new joint efforts related to the discussion of topics of Patents and Health and Technology Transfer.
M. Chair,
Regarding the agenda item 6, other issues, our group recalls statements made during the last two SCP meetings by our regional group on the need for a complete revision of the 1979 WIPO Model Law on Inventions. In this session, our group presents a proposal, which aims at starting the discussion on the revision of WIPO Model Law. GRULAC understands such a document should take into account international legal landmarks, such as the WTO Agreements, and the WIPO Development Agenda Recommendations. We urge all delegates to take advantage of the few days before the start of this discussion to go through this document and recognize that it is outdated and does not serve the purpose intended.
Thank you, Chair.