E wo/pbc/23/3 original: english date: june 4, 2015 Program and Budget Committee Twenty-Third Session Geneva, July 13 to 17, 2015



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PROGRAM 1 PATENT LAW


PLANNING CONTEXT




  1. Program 1 covers issues relating to patents, utility models, layout designs (topographies) of integrated circuits and protection of confidential technical/business information (hereinafter referred to as “confidential information”). Key challenges addressed by this Program include promoting multilateral solutions in a manner that the development of international patent law keeps pace with the rapidly evolving technological, economic and social environment. The most important challenges anticipated for the 2016/17 biennium are as follows:




    • The role of the patent system in increasingly complex and globalized innovation mechanisms, and different perceptions as to its role, including its benefits for society at large;




    • The increasing demand for empirical information that supports policy makers in making public policy choices relating to the appropriate scope and application of the patent system;




    • More targeted information about the role, impact and implementation of the international patent system, including flexibilities, in both multilateral fora and through legislative and policy advice to Member States;




    • The increasing demand for legislative and policy advice to Member States;




    • Against the backdrop of the increasing use of the patent system, the need to address effectiveness, efficiency and quality of patent administration work that supports the objectives of the patent system;




    • Insufficient capacities for preparing, filing, and prosecuting patent applications;




    • As a consequence of the better appreciation of the complexity of knowledge transfer mechanisms, the need to address patent law in the context of other closely related categories of IP, such as protection of confidential information; and




    • Keeping pace with technological developments to understand what, if any, actions may be needed to address the developments at the international level, taking into account various needs of countries at different level of development while respecting their international obligations.

IMPLEMENTATION STRATEGIES




  1. The work of the Standing Committee on the Law of Patents (SCP) has been stalled because of the absence of agreement among Member States. As the normative process is Member State driven, the Program will focus its efforts on providing reliable information and supporting an environment conducive to engagement and dialogue among Member States regarding areas of common interest. The Secretariat will also endeavor to assist the Member States to conduct more efficient meetings, with outputs of the SCP better corresponding to the inputs. The Program will continue to improve its responsiveness and efficiency in legislative and policy assistance. The relevant DA recommendations will be taken into account in the context of the activities of this Program during the biennium. In particular, provision of patent-related information and legislative advice fully takes into account the relevant DA Recommendations thus supporting the DA objectives of “evidence-based international and national policy and decision making on IP” and “national and international IP regulatory frameworks that promote creativity and innovation and reflect the level of development of the different WIPO member States”. In addition, the work undertaken under the completed DA projects, in particular, IP and the Public Domain, and Patents and the Public Domain will be taken into consideration.




  1. Specifically, during the next biennium, the Program expects to:




    • Organize sessions of the SCP;




    • Organize, upon request, information meetings for Member State representatives, to provide information on topics related to patent policy, law and practices taking duly into account DA Recommendation 15 and 16;




    • Continue to provide, upon request, legislative advice to Member States relating to patents, utility models, layout designs (topographies) of integrated circuits and protection of confidential information in line with DA Recommendations 17, 20 and 22;




    • Continue to support and assist Member States regarding the Paris Convention, the Budapest Treaty and the Patent Law Treaty;




    • Continue to support and assist Member States with a view to enhancing capacities for designing functional systems regarding patents, utility models, layout designs (topographies) of integrated circuits and protection of confidential information;




    • Address issues relating to protection of confidential information in the context of promotion of innovation and dissemination of technology; and




    • Continue to support the work of Program 9 (Africa, Arab, Asia and the Pacific, Latin America and the Caribbean Countries, Least Developed Countries) relating to Patent Law issues, including the provision of studies relevant to DA Recommendations 12, 13 and 14, as requested by the CDIP.




  1. Program 1 collaborates primarily with other Programs as illustrated below:

MAJOR RISKS AND MITIGATION STATEGIES




Risk

Mitigation

Reduced relevance of the Standing Committee on the Law of Patents as a multilateral forum.

Provision of impartial, professional and inclusive environment for dialogue among Member States.




Provision of timely, accurate and substantive information to Member States.

RESULTS FRAMEWORK




Expected Results

Performance Indicators

Baselines

Targets

I.1 Enhanced cooperation among Member States on development of balanced international normative frameworks for IP


Progress on the implementation of agreed work according to SCP Agenda


Current state of work in the Committee as documented by SCP/21 Report


SCP agreed outcomes



Level of satisfaction of participants in targeted workshops/seminars held on specific patent related topics

92,75 % - 2014 survey

90%

Level of satisfaction of participants in the Inventor Assistant Program (IAP)

n/a

90%

I.2 Tailored and balanced IP legislative, regulatory and policy frameworks

% of recipients which found information concerning legal principles and practices of the patent, utility model and integrated

circuit systems, including the flexibilities, useful



7 countries/ participants (85,7%) - 2014 survey

90%

No. and % of Member States satisfied with the legislative and policy advice provided


8 Member States (90 %) - 2014 survey

90%

I.4 Growing interest in WIPO as a forum for analysis of issues in relation to the international protection of confidential information

% of recipients which found information concerning legal principles and practices on the protection of confidential information, useful

n/a

90%

RESOURCES FOR PROGRAM 1


The slight increase in the overall resources for Program 1 in 2016/17 compared to the 2014/15 Budget after Transfers, is the result of (i) the transfer of responsibilities for patent drafting to the Program from Program 30 (SMEs and Entrepreneurship Support) and (ii) activities linked to addressing issues relating to protection of confidential information in the context of promotion of innovation and dissemination of technology.
Program 1: Resources by Result

(In thousands of Swiss francs)

Program 1: Resources by Object of Expenditure

(In thousands of Swiss francs)







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