U.S. general statement at 2009 WIPO GA

The following is the statement that the United States asked be included in the record for Agenda item 5 (General Statements) of the 2009 WIPO General Assembly.


World Intellectual Property Organization
Assemblies of the Member States
September 22 to October 1, 2009

AGENDA ITEM 5: General Statements

BACKGROUND:

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2009 WIPO General Assembly begins

Every year at the end of September, the World Intellectual Property Organization (WIPO) holds a General Assembly (GA). The GA hears reports from all WIPO committees, approves budgets and top staff appointments, and sets the agenda for the next year. This year’s GA started today, with a large number of patent and copyright office heads, trade negotiators and NGOs in attendance.

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KEI Brownbag on Bilski case: Scope of Patentable Subject Matter

Date: September 10, 2009

On September 10, 2009 KEI hosted a brownbag lunch to discuss the scope of patentable subject matter, focusing specifically on the implications for life-science patents of the Supreme Court’s forthcoming review of the Bilski Federal Circuit opinion. This is the first time since 1981 that the US Supreme Court will address the limits of patentable subject matter.

The key U.S. statue on this issue is Section 101 of the patent law:

35 USC 101. Inventions patentable

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Proposal for Treaty of Access to Knowledge (May 10, 2005 Draft)

The following is the text that was prepared in 2005 as a
possible basis for a treaty on Access to Knowledge. The text
was prepared in response to an August 2004 proposal by Argentina
and Brazil for a WIPO Development Agenda, that included in its
original proposal, a possible treaty on access to knowledge. The
process that created this specific draft text included three
elements.

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IP Remedies: Injunctions

Among the available remedies for intellectual property right infringement are injunctions or monetary relief. Especially in copyright and patent infringement cases, injunctions have been considered as the usual and de facto automatic remedy to prevent, deter or stop infringement. Injunctions may however also  impose high costs on society.

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