Public Use and Exclusivity by Intellectual Property

World Intellectual Property Organization
WIPO Japan Office, HeadMaria De Icaza
International Patent Licensing Seminar 2011

WIPO Background Specialized agency of the United Nations
 184 Member States
 250+ accredited observers“Developing a balanced and accessible international
intellectual property system, which rewards creativity,
stimulates innovation and contributes to the economic,
social and cultural development of all countries, whilesafeguarding the public interest.”

International Patent Licensing Seminar 2011

WIPO Development Agenda
 Adopted in 2007
 45 recommendations divided into six clusters:-technical assistance and capacity building
norm-setting, flexibilities, public policy and public domain
technology transfer, ICT and access to knowledge
assessment, evaluation and impact studies
institutional matters including mandate and governanceother issues

 Committee on Development & Intellectual Property (CDIP)
 17 projects so far“the protection and enforcement of IPRs should contribute to the promotion oftechnological innovation and to the transfer and dissemination of technology, to themutual advantage of producers and users of technological knowledge and in a mannerconducive to social and economic welfare, and to a balance of rights and obligations”
Article 7, TRIPS Agreement.
International Patent Licensing Seminar 2011

Global Challenges
climate change – desertification – epidemics - access to health care food security - preservation of biodiversity

 How to strike the balance between the incentive tocreate (producers) and the diffusion of the social benefitof the innovation (consumers)?
 How to increase the capacity of developing countries tomanage intellectual property, enable technology transferand promote local innovation?

International Patent Licensing Seminar 2011

WIPO Contribution (1) Policy input:- Studies- Forum for dialogue Technical assistance:- National IP and Innovation Strategies- National innovation infrastructure Capacity building:- Workshops on patent drafting, IP licensing & technology
transfer for research institutes- Technology & Innovation Support Centers (TISCs)

International Patent Licensing Seminar 2011

WIPO Contribution (2) Increasing access to knowledge

Cooperation & Platforms-IGOs
Private sector

International Patent Licensing Seminar 2011

Climate Change – Key Issues
 Technology : the essential source of anthropogenic climate change
and also part of the solution.

 The role of the patent system for the generation, dissemination andpublication of new technologies• How to ensure that critical innovations do not bypass the developingworld?
• How can factors that stimulate innovation be integrated into R&D
strategies, national production capacities, effective regulatory
systems and sound IP management?
• How can transfer and diffusion of relevant mitigation and adaptation
technologies worldwide be accelerated?
International Patent Licensing Seminar 2011

Climate Change, Patents &Technology Transfer
 A patent on a particular technology is not a barrier in itself to transfer
of technology; nor does it guarantee that the technology will be fully
exploited in all possibly beneficial ways;
 The absence of an enforceable patent right in a certain country does
not in itself provide any guarantee of technology transfer;• The transparency of the patent system, if effectively exploited, can in
itself serve as a major boost to technology transfer:- track significant technological developments & trends- avoid duplicative R&D, and enable technological leapfrogging- organize & structure technology transfer arrangements

International Patent Licensing Seminar 2011

Climate Change & IP
Beyond Patents
Responses to climate change require use of all forms of IP:
 protection of undisclosed information or trade secrets
 certification and collective marks, geographical indications and otherdistinctive signs;
 undisclosed information and regulatory data; plant variety protection/farmers rights (adaptation)
 suppression of unfair competition, including as misleading claims
about carbon offsets.

International Patent Licensing Seminar 2011

WIPO, IP & theUNFCCC Process• Background• Latest developments (Cancun 2010)• WIPO Contribution– Policy input– Side events– Forum for discussion

International Patent Licensing Seminar 2011

Public-Private Cooperation
Development of a platform to facilitate partnerships & exchange ofgreen technologies:
 in collaboration with JIPA (GTPP) for the benefit of all developers of green technologies worldwide specifically set up to support developing country access
Partnership hub / forum providing three main services: Database of environmentally sound technologies;
 Packaged technology including know-how, services andmaterials;
 Supporting activities – partnering facilitation, licensing
negotiation, financing & licensing guarantees, dispute resolution

CALL FOR PARTNERS
International Patent Licensing Seminar 2011

Contact us:

Japan.office@wipo.int

International Patent Licensing Seminar 2011