Knowledge Ecology International

Thank you Mr Chair.

We take note of document 13/2’s assertion that “inherent tensions exist between patents and standards” particularly when the “implementation of a standard calls for the use of technology covered by one or more patents”.

For our detailed written comments on the issue of patents and standards we request the SCP to please consult pages 36 through 39 of Annex III of document SCP/12/3 Rev.2.

On the topic of patents and standards, we propose the following:

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Patents and Standards

The United States thanks the International Bureau for preparing the background paper on Standards and Patents, and we support the statement made by Germany on behalf of Group B.

Mr. Chairman, the United States supports and strongly encourages the use of open standards, as traditionally defined, that is, those developed through an open, collaborative process, whether or not intellectual property is involved.

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As mentioned in James Love’s blog today entitled Notes from Day One of WIPO SCP 13, the WIPO Standing Committee on the Law of Patents (SCP) is examining four key issues at its Thirteenth Session this week including Standards and Patents, Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights, The Client-Attorney Privilege and Dissemination of Patent Information.

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At the WIPO SCP coffee break, one attendee explained to KEI that the EU has in two places, (1) the regulations on tiered pricing, and (2) the implementation of the WTO’s 30 August 2003 decision on compulsory licensing, created an exception for goods in transit to developing countries.

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The European Commissioners for External Trade and for Taxation and Customs Union have replied to TACD in a letter available here:

Dear All,

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WIPO’s five day 13th meeting of the Standing Committee on the Law of Patents (SCP) began on Monday, and will go through Friday. The agenda is quite full, as the SCP will consider four important reports written by the Secretariat.

SCP/13/2: Standards and Patents
SCP/13/3: Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights
SCP/13/4: The Client-Attorney Privilege
SCP/13/5: Dissemination of Patent Information

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On March 23, 2009, Knowledge Ecology International (KEI) organized a Briefing on Patents and Standards at WIPO’s 13th meeting of the Standing Committee on Patents (SCP). The meeting features presentations from Dr. Baisheng An, a Research Fellow at the South Centre, George Greve, President of Free Software Foundation Europoe (FSFE), Ahmed Abedel Latif, of the International Centre for Trade and Sustainable Development (ICTSD), and James Love, Knowledge Ecology International (KEI). Continue Reading →

This note discusses the issue of who should benefit from a WIPO treaty for reading disabled persons. Should it only be people who are blind and visually impaired, as some propose, or should it be more inclusive with regard to other disabilities?

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The International Bureau has released a 47-paged paper in preparation for the 13th Session of the WIPO Standing Committee on the Law of Patents (23 March-27 March, 2009) entitled Exclusions from patentable subject matter and exceptions and limitations to the rights (SCP/13/3).

In its introduction to the treatment of patent exceptions and public policy, the paper asserts:

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