SCP15: KEI statement on Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights

Thank you Mr. Chair.

We take note of Professor Coenraad Visser’s study which examined ‘Selected Case Studies of Countries Where Compulsory Licences Have Been Granted for Pharmaceuticals’.

We recommend that the WIPO Standing Committee on the Law of Patents (SCP) request the WIPO secretariat to produce a comprehensive report documenting the use of compulsory licensing by Member States including providing empirical data on the royalty rates set in each case. Policy makers have long expressed interest in state practices in setting royalty rates, and we believe WIPO could provide a constructive role in this regard. We recommend that this report on state practice on compulsory licensing is an exercise that could be revised annually.

In terms of the discussions this morning on including the comments of Member States and Observers regarding the External Experts’ Study Regarding Exclusions, Exceptions and Limitations for the Standing Committee on the Law of Patents (SCP), we would recall Annex III SCP/12/3 Rev.2 which collated the comments from at least two WIPO members states and a number of non-governmental observers to the WIPO SCP.

Thank you Mr Chair.