At around 16h35 on Thursday, 12 July 2018, the WIPO Secretariat distributed the final text of the future work program of the Standing Committee on the Law of Patents (SCP). The final text can be found here: http://www.wipo.int/edocs/mdocs/scp/en/scp_28/scp_28_11.pdf
The new language Exceptions and Limitations to Patent Rights makes a specific request to the WIPO Secretariat to prepare a draft reference document on compulsory licensing for the 30th session of the SCP in 2019. The final language reads:
Exceptions and Limitations to Patent Rights
In accordance with the agreement within the Committee at SCP/26, the Secretariat will continue to work on a draft reference document on exceptions and limitations to patent rights in conjunction with patent protection. The Secretariat will prepare a draft reference document on the research exception, which will be submitted to SCP/29. Following the preparation and presentation of the draft reference document on the research exception, the Secretariat will prepared a draft reference document on the exception regarding compulsory licensing for SCP/30. Both reference documents will follow the style and structure of the draft reference document on the exception regarding acts for obtaining regulatory approval from authorities (document SCP/28/3). Document SCP/28/3 will be kept open for future discussion by the Committee. The Secretariat will invite Member States to send any additional inputs for the preparation of the draft reference document on the research exception.
With respect to WIPO’s work stream on Patents and Health, the paragraph providing the mandate for Member States to share state practice on compulsory licensing was changed to the following text:
The Secretariat will invite practitioners to share their experience on negotiating licensing agreements at SCP/29, giving particular attention to paragraph 20.a of Annex to document SCP/24/4 (Proposal by the African Group for a Work Program on Patents and Health).
Paragraph 20.a of the Annex to the African Group proposal for a Work Program on Patents and Health (SCP/24/4) reads:
20. Flowing from the outcome of the studies and information exchange as contained in elements I and II above, the WIPO Secretariat, in consultation with Member States, should develop targeted technical assistance programs. These programs should provide a clear synergy between the studies and information exchange and include:
(a) A series of workshops on negotiating and drafting license agreements for generic manufacturers, taking due cognizance of flexibilities in the international patent system.
The original language of the Chair’s text on Future Work on patents and health referring to compulsory licensing is reproduced here:
Member States will share technical information on their practices regarding compulsory licensing and voluntary licensing of medical technologies at SCP/29, giving a particular attention to paragraph 16 of Annex to document SCP/24/4 (Proposal by the African Group for a Work Program on Patents and Health).