Policy interests group
17 September 2007, Harmsworth House
Action points
1 IP charter documents to be sent to the group - issued 24 September
Discussion
1 Action points from the previous meeting
1. UK-IPO to confirm whether ITMA are doing a study in relation to Address for Service - agenda item 5
2. UK-IPO to issue information on the House of Lords report on the need for a specialist EU competition court. - Issued 14 May
3. A representative from the IP Bar Association to be invited to join the group
4. UK-IPO to provide an update on the United Nations Commission on Trade law - agenda item 8
2. EPLA and Community Patent
The September working group in relation to Patent Jurisdiction has been postponed until 17 October. It will also be discussed at the next meeting of the competitiveness council. The Portuguese Presidency is preparing to hand the issue over to Slovenia in 2008. The next meeting of the European Patent Focus Group takes places on 9 October.
3. London Agreement update
Legislation has been put to the French National Assembly for ratification. In theory, the French could ratify by the end of the year. Once France ratifies, others may be encouraged to follow. The majority of the French Parliament is in favour of ratification, but it is not known if there will be any delay due to the French Presidency.
4. Commission Communication on OHIM fees
A recent Commission Communication supported a fee reduction and suggested a study to look at the effect the Community Trade Mark system has had after 10 years in operation. Liz Coleman said that there is now a need to look at what the surplus currently is and how much should be used for fee reduction.
5. Address for service
The UK is in talks with the Commission regarding compatibility of “address for service” provisions in the UK Patent, Trade Marks and Designs Rules with Article 49 of the EC Treaty. Other states are also understood to be facing similar complaints.
It was confirmed that a paper has been produced on this issue by TMPDF. UK-IPO would alert the Commission to this.
The group discussed issues surrounding the need for a level playing field between all countries, ease of communication, the language used in communication.
It was also reported that the Office is liaising with the Ministry of Justice who are also consulting on address for service, in relation to the CPR Part 6.
6. Designs - Hague agreement/Spare Parts
Hague Agreement
The Geneva Act comes in to force for Community Designs on 1 January 2008, when “bundle” design applications designating the EC will be able to be filed with WIPO.
Spare Parts
The position has not changed in relation to spare parts - the deadlock between Member States remains. The issue was meant to be discussed at the July meeting of the European Parliament’s Legal Affairs committee, but was dropped.
7. Other European issues
The Commission’s IPR Strategy Communication is due in 2008, but it was as yet unclear what it would contain. UK-IPO will keep members informed.
8. Update on patent law harmonisation
It was confirmed that the UK are standing firm against the paper from 23 EPO States setting out bottom lines for negotiation. The issue was discussed at the informal council meeting in Copenhagen in June. Things are no further forward but there are alternatives to ensure that grace period is transparent and the UK had tabled papers setting these out. The Presidency will try to reconcile the opinions of the UK, France and Germany.
In the US, the Bill needs to go through the House and Senate. A member asked if there was support in the Senate. It was confirmed that if it not voted through in the Senate then it is dead.
The UK paper is on MICADO - Paper CA/PL15/07, It has been sent out to people and there is a meeting of interests on 7 October.
9. United Nations Commission on Trade Law
It was suggested that climate change could be discussed at another meeting.
Negotiations for the guide on secured transactions, started in 2002. It is a soft law legislative guide that countries can implement as appropriate but major financial institutions will not invest in a country unless some of the guide has been implemented. IP was added in September 2005 but there is little change to what is included/excluded. The guide was adopted in the current form in July this year. At the next meeting in February an annex will be put in for IP issues. An extension to the annex will be discussed in about 2 years.
10. WHO Intergovernmental Working Group
A WHO board meeting in 2006 discussed the commissioned report but found it difficult to reach a consensus. The World Health Assembly IGWG also looked at the report. A draft strategy was produced but there was a poor attendance by IP experts. A second paper will be discussed at meeting of the IGWG on 5 - 10 November. An executive board will meet in early 2008.
On the issue of Avian Flu, the UK-IPO advised that there are issues as to who owns the IP rights of a flu strain. Should a country have a right over a flu strain and if a country has given up a strain, should they be given a percentage of the vaccine?
11. TRIPS
It was reported that the main movement is in relation to CBD. Brazil proposed proof of consent and benefit sharing, but this was opposed by other members. If there is a to be a package deal in relation to agriculture we will make sure that safeguards are included in any amendment. Lord Triesman is sighted and Ministers are with us.
A member asked if you can get a disclosure of origin from DEFRA. The UK-IPO confirmed that you can not, but access to medicine sharing is in place in the UK and is in place in countries that feel it is needed.
Significant work was done in Geneva between the parties. A coalition is being set up to discuss concerns.
G8 issues go wider than enforcement. A possible new IPR task force is being considered. How it should look, and what it should do are being discussed. The next presidency is Japan.
12. IP Charter
The group was informed that the IP Charter is a German Presidency initiative, which will set out guidelines on how research institutions and industry should manage their IPR when working in collaboration. The Council of Ministers agreed that this initiative should be developed further, and the Commission is now working on this. The Commission has already issued copies of its Knowledge Transfer Communication.
Copies of documents to be forwarded to the group and will be available on the website (Action point 1)
13. DCA Consultation “Case track limits and the claims process for personal injury Claims”
It was confirmed that Recommendations 38 and 54 have been dealt with by DCA/MOJ.
Consultations have taken place in relation to fast-track (100 responses) and damages (200 responses) and the UK-IPO hopes to respond later in the year.
14. Gowers update
An update was provided on Gowers.
The patent prosecution highway pilot was launched with the US. Quality issues and procedural gains will need to be looked at with the accelerated procedure.
UK-IPO will issue a discussion paper on the research exemption in the next few months.
The consultation on copyright changes is due to be sent out in November. A member asked when responses could be made. Steve confirmed that he was not sure how long would be offered for comments but full consideration will be given when legislation is proposed next year.
The B2B group meets on 18 September.
There will be a call to express interest re SABIP. A member commented that the profile of the board members does not focus on IP experts. It was confirmed that the responsibility has moved to the SABIP team set up in May. The profile needs to be broad in terms of interests and should not only be IP specialists, but also those using IP in business.
15. A.O.B
An internal reorganisation means that CISS will take over Innovation policy so that a new Innovation Directorate will be created. The post of Director will be advertised soon, but the post will not come in to effect until November.
16. Date of next meeting
The group agreed that the next meeting should take place in January 2008.
Author: Claire Woodman
Date: September 2007
