WIPO moves toward “world” patent system

This paper discusses the possibility of having a world patent system, that is one bureau issuing “world patents” which are automatically valid in all countries. This new body is called World Intellectual Property Organisation (WIPO) and its main objective is to promote intellectual property rights at world level.

More specifically, the paper identifies three primary components for the creation of this world patent system:

• a uniform set of procedures. The WIPO member states adopt a Patent Law Treaty (PLT), which defines one set of rules on how to prepare, file and manage patents in all the countries that sign on
• a single international search tool, which provides a common facility to conduct international searches of prior art for patent applications
• a uniform patent law achieved through the Substantive Patent Law Treaty (SPLT)

The WIPO system means the end to the current situation where each country has its own laws, own patent office and own courts.

The paper concludes with a series of open questions:

• will “world” patent law allow developing countries to secure financial benefit s from access to genetic resources?
• can SPLT and TRIPS Agreement co-exist?
• will Europe and USA find an agreement on issues such as biotechnologies and business methods