I write on behalf of the World Intellectual Property Organization (WIPO) to express concern at the inaccurate and misleading article published on Pharmabiz.com on July 29, 2009, entitled "WIPO plans to impose 'Global Patenting System' on developing nations through PCT II"
http://www.pharmabiz.com/article/detnews.asp?articleid=50920, which purports to relate to matters discussed at the most recent session of the Patent Cooperation Treaty Working Group, held in Geneva in May 2009, and at the upcoming September 2009 meeting of the WIPO Assemblies.

I wish to state that there is not - and never has been - any consideration at WIPO of what your article describes as a "global patenting system" which would "dilute the sovereignty of developing nations in determining patentability of applications for inventions and do away with flexibilities granted under the TRIPS Agreement."

There is no such "global patenting system," nor is one being considered. The Patent Cooperation Treaty (PCT), which WIPO administers on behalf of its member countries, explicitly protects the sovereignty of each member country to prescribe its own conditions of patentability. This principle is set out expressly in the Treaty itself (Article 27(5)). As a result, the PCT- a procedural treaty - must always respect the substance of the national patent laws of its member states, including that of India.

The PCT Assembly in September will take note of the report summarizing discussions at the PCT Working Group meeting in May 2009 (http://www.wipo.int/meetings/en/details.jsp?meeting_id=17449). The May discussions focused on how to use the PCT system more effectively so as to address many of the difficulties presently facing applicants, third parties and national Offices - both large and small.


Yours sincerely,

Claus Matthes
Director
PCT International Cooperation Division
World Intellectual Property Organization