Bonum Certa Men Certa

Cablegate: In 2010, Patent Harmonisation “Not Welcomed by Developing Countries”

Cablegate



Summary: How US diplomats view negotiations whose goal is to legitimise monopolies in countries that have no interest in these

According to the following year-old cable, specifically in €¶5, "Member States negotiated informally a compromise work program that ensured balanced and focused work for the SCP [Standing Committee on the Law of Patents]. The proposed work program included: 1. further study on technology transfer concerning the relationship of patent technology transfer and innovation; 2. work on limitations and exceptions that included the external expert study and Brazil's work program proposal; 3. patent administration issues that included work on patent quality management and further work on dissemination of patent information that looked at digitization issues and access to complete patent information; 4. further work on client-attorney privilege to solicit Member State input on national experiences; 5. future conference on public health and food security issues; and 6. reaffirming that the non-exhaustive list of issues for possible discussion by the SCP remain open for further elaboration at the next meeting, but agreeing that Member States would refrain from adding on to the list at this session, so as to ensure that work on the existing studies could be more focused. These items were truly a compromise text, particularly for Group B, as our primary objective to discuss patent harmonization issues was not part of this list and many of the items had more of a developing country interest/slant. On day one of our conversation concerning future work, we reached agreement among Group B countries, GRULAC, Eastern European countries, Singapore, Korea, the regional coordinator of Africa, Angola."



They are trying to convince developing countries to give up and accept a system which harms them greatly. With our emphasis on the relevant parts, €¶7 carries on by noting that "While Group B and the U.S. were disappointed that the agreement reached the day before did not satisfy all of the Africa Group and the Asia Group, we were willing to negotiate further from our compromise text. However, it became clear that the Africa Group and some Asian Group countries were not willing to move from their position. Group B in particular was willing to add on to the non exhaustive list with the inclusion of "work sharing" and the "strategic use of IP in business" as proposed by the Group of Eastern European Countries. Despite developing countries' insistence that the non exhaustive list remain open, Indonesia and India opposed the Group B suggestion of "work sharing", arguing that it was duplicative of work at the PCT working group and that it was patent harmonization-related and therefore not welcomed by developing countries. Further, even though Group B reminded these countries that their proposed suggestions on the list were duplicative of work occurring in the Committee on Development and IP (CDIP), Egypt's response was that development agenda work in CDIP was a cross-cutting issue throughout the Organization, and therefore duplication was needed."

Here is the cable in full:








VZCZCXYZ0005 RR RUEHWEB

DE RUEHGV #0136/01 0491710 ZNR UUUUU ZZH R 181701Z FEB 10 FM USMISSION GENEVA TO RUEHC/SECSTATE WASHDC 0238 INFO RUCPDOC/DEPT OF COMMERCE WASHINGTON DC RUEHGV/USMISSION GENEVA RUEHGV/USMISSION USTR GENEVA

UNCLAS GENEVA 000136

SIPDIS STATE FOR EEB/IPC, IO/HS, OES COMMERCE FOR USPTO

E.O. 12958: N/A TAGS: ECON [Economic Conditions], KIPR [Intellectual Property Rights], WIPO [World Intellectual Property Organization] SUBJECT: Fourteenth Session of the WIPO Standing Committee on the Law of Patents

€¶1. The World Intellectual Property Organization's Standing Committee on the Law of Patents (WIPO SCP) continued to discuss preliminary studies requested by the SCP in June 2008 and March 2009, and commenced a discussion on Brazil's proposal concerning exceptions and limitations to patent rights. However, an impasse resulted at the SCP on the future work of the committee. As a result, the agenda from this session will be used for the next meeting in October 2010. During two days worth of negotiations on the future work topic, it became clear that Member States fail to see eye to eye on the international patent system itself, as some view the system to be a threat to development and oppose any global efforts - whether normative or cooperative technical assistance work -- in improving the patent system. END SUMMARY.

€¶2. The WIPO SCP met from January 25-29, 2010. Delegations from 103 countries, 10 international organizations and 28 non-governmental organizations participated in the Committee which was chaired by Mr. Maximiliano Santa Cruz from Chile. The United States delegation was represented by USPTO External Affairs Administrator Arti Rai, Charles Eloshway of USPTO, Janet Speck, Deputy Director, State Department and Deborah Lashley-Johnson, IP Attach???? at the U.S. Mission to the UN.

€¶3. Discussions were based on preliminary studies written by the International Bureau at WIPO concerning the relationship of standards and patents, client-attorney privilege, dissemination of patent information, transfer of technology, and opposition systems. Many delegations stated that these documents constituted a good basis for discussions, and requested further clarifications on various issues contained in the documents. However, certain statements made by developing countries and NGO were worrisome, such as: equating work on the client-attorney disclosure problem to patent law harmonization work; viewing the topic of dissemination of patent information to include the disclosure of proprietary information and trade secrets; and stating that a study should include how the patent system hinders technology transfer.

€¶4. The topic of limitations and exceptions was also discussed, although the external experts' study was not available for this meeting. A proposal in respect of exceptions and limitations to patent rights was submitted by the Delegation of Brazil, which received support by many developing countries. The proposal has three phases: discussion on national experiences on patent right exceptions and limitations; focus work on exceptions and limitations that help to address developmental concerns; and the development of an exceptions and limitations manual. Other delegations, such as the U.S., Switzerland and other industrialized countries expressed concern that they had not received the document in advance of the meeting, and therefore had insufficient time to consider the proposal, and expressed a wish to consider the proposal at the following session in October 2010 when the external expert study would also be presented. Nonetheless, the U.S. noted that it was interested in studying the issue more and saw strong intellectual property rights and enforcement to be consistent with proper, basic limitations and exceptions.

€¶5. Gridlock, however, occurred once the committee moved onto the topic of future work. Several regional coordinators and interested Member States negotiated informally a compromise work program that ensured balanced and focused work for the SCP. The proposed work program included: 1. further study on technology transfer concerning the relationship of patent technology transfer and innovation; 2. work on limitations and exceptions that included the external expert study and Brazil's work program proposal; 3. patent administration issues that included work on patent quality management and further work on dissemination of patent information that looked at digitization issues and access to complete patent information; 4. further work on client-attorney privilege to solicit Member State input on national experiences; 5. future conference on public health and food security issues; and 6. reaffirming that the non-exhaustive list of issues for possible discussion by the SCP remain open for further elaboration at the next meeting, but agreeing that Member States would refrain from adding on to the list at this session, so as to ensure that work on the existing studies could be more focused. These items were truly a compromise text, particularly for Group B, as our primary objective to discuss patent harmonization issues was not part of this list and many of the items had more of a developing country interest/slant. On day one of our conversation concerning future work, we reached agreement among Group B countries, GRULAC, Eastern European countries, Singapore, Korea, the regional coordinator of Africa, Angola.

€¶6. However, on day two, Angola, members of the Africa Group, such as Egypt and South Africa, Pakistan, India, Sri Lanka, Malaysia,

Yemen, Iran and Indonesia, opposed the compromise text. Their amendments suggested future studies on the negative impacts patents have on technology transfer and standards, and a new study on patents and public health. There was also a proposal on the establishment of a technology transfer commission to focus on the problems of technology transfer. Their proposal further lacked balance in their deletion of the only two issues offered by Group B in the initial compromise proposal concerning patent quality management and further work on client-attorney privilege. The counter-proposal also included another large conference on patents and public policy issues as a follow up to the one held in July 2009. Lastly, they pushed to expand the non-exhaustive list to include topics such as the impact of the patent system on developing countries and LDCs, and the relationship of patents and food security.

€¶7. While Group B and the U.S. were disappointed that the agreement reached the day before did not satisfy all of the Africa Group and the Asia Group, we were willing to negotiate further from our compromise text. However, it became clear that the Africa Group and some Asian Group countries were not willing to move from their position. Group B in particular was willing to add on to the non exhaustive list with the inclusion of "work sharing" and the "strategic use of IP in business" as proposed by the Group of Eastern European Countries. Despite developing countries' insistence that the non exhaustive list remain open, Indonesia and India opposed the Group B suggestion of "work sharing", arguing that it was duplicative of work at the PCT working group and that it was patent harmonization-related and therefore not welcomed by developing countries. Further, even though Group B reminded these countries that their proposed suggestions on the list were duplicative of work occurring in the Committee on Development and IP (CDIP), Egypt's response was that development agenda work in CDIP was a cross-cutting issue throughout the Organization, and therefore duplication was needed.

€¶8. COMMENT: Group B member states expressed deep concern about the events that transpired at this meeting. Several countries refused to negotiate from their maximalist positions, which has been a concern in other committees at WIPO. The inflexibility of developing country positions will make reaching a compromise on any SCP work program impossible, particularly when this committee has had a history of disbanding for three years due to similar political impasses. Further, it is clear that the development agenda is the only work these delegations are interested in at the expense of issues related to patent law that are important to Group B and their constituents. Targeted demarches to the few countries that are blocking progress and preventing the SCP to function are being considered. In addition, Group B will increase its coordination to advance its agenda on the various issues before the SCP, such as in the areas of technology transfer, limitation and exceptions, client-attorney privilege, opposition systems, and dissemination of patent information. END COMMENT. GRIFFITHS







Next, we are going to look at some EU positions on the subject.

Recent Techrights' Posts

Linux Foundation an Enemy of the Planet, Proponent of Pollution and Global Heating
"could the "polluters pay" model be extended to the computing environment and used to take on Microsoft and Microsofters?"
Not Everything Can be Automated
not a new thing
IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
Only a Matter of Time Before IBM Drops to $199 or a Lot Lower Than That
How long can IBM overload empty shells?
Lots of Microsoft Just Loses Money, Not Earning Money
Due to profitability challenges it's hard to believe Microsoft will ever find a buyer for XBox
 
Amid Claims of Microsoft Bing Layoffs It Seems Like Bing Cannot Even Hold on to Second Place
Yandex is sometimes bigger than Bing
Wikileaks Does Not Publish New Material Anymore, But Wikileaks Still Changes the World
Wikileaks has a legacy that will soon turn 20
Links 22/07/2026: Postal IRCs, PlayStation Kills Discs, Union Action Against Microsoft, "Judge Considers Tossing Databricks Patent Suit Under California anti-SLAPP Law"
Links for the day
Same 'Journalists' Who Published Fake News for IBM (Pump and Dump) Now Write Puff Pieces About the Stock Falling
the media is so compromised
They Called It "Social" and "Media", But It Turned Out to be Slop and Child Porn
Why do any sane people still use social control media?
Age of consent: DebConf26 registered sex offender in Argentina?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: In the Pole Position Despite a Dismal Track Record
António Campinos is an old hand when it comes to such high-level institutional intrigue
Site a Bit Slower Due to Visitors' Load
We'll try to work out better speeds
Gemini Links 22/07/2026: Emacs, Astrology Clock, Arduino, and Rogallo v1.0.0
Links for the day
After Involvement by the Free Software Foundation (FSF) LibreTech and Quibble Gain More Participants
RMS expressed gratitude for people who worked on Quibble and improved LibreJS after many years of inactivity
The Lessons From the Assange Saga
This will not end well
Apple Will Increase Surveillance of Customers, Record Verbal Communications Under the Guise of "Hey Hi"
Apple now drinks that same Kool-Aid
Dave Winer, Blogging Pioneer, Sells Out, Spews Out LLM Slop to Readers
Another one bites the dust [...] Now it's a slopfarm of sorts
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week
Gemini Links 21/07/2026: Nostalgia, Shogi, and New Gemlog System
Links for the day
Guyana: GNU/Linux Rises to New High, 7%
Guyana is part of the trend
Oman: GNU/Linux Up to 7%
It was 5% last year
The Solution is Never 'Free Hosting' in Proprietary GitHub (Microsoft), the Solution is Self-Hosting
Third parties never care about your projects as much as you (yourself) care about them
From GAFAM's Perspective, Jeremy Bicha Did Nothing Wrong
All is OK as long as he does not criticise monopolists and billionaires
Bluesky Was Such an Utter Failure That After 18 Months Mozilla Goes Hug a Nazi Platform That Produces Child Porn
What compels Mozilla to come back there? The child pornography scandal? The adorable leader?
GNU/Linux at Grenada Measured at 14% This Month
GNU/Linux was stuck at 0% for a long time
In WordPress, Newer is Not Better (Maybe Better Off With No WordPress at All)
To Hell with bloat and feature churn
As Slop Bubble Implodes (Inevitable), the Dishonest, Corrupt, Compromised Media Tries to Blame "China" Again (Like it Did With "DeepSeek" in Past Years)
Here we go again. We've been there before. Same spin, this time not "DeepSeek" though.
Red Hat (IBM) Has Long 'Reassigned' (Bluewashed) Red Hat Staff to Ruin Fedora, Now It Does the Same to GNOME
What next from IBM's Krishna?
Links 21/07/2026: Google Stagnating, Slop 'Apps' Are "Flooding Apple’s App Store"
Links for the day
Gemini Links 21/07/2026: OPNSense Upgrade Problems, Zilog Z80 at 50, and Lessons From Terminator
Links for the day
IBM Lawsuits Over Alleged Fraud Are Piling Up
We'll keep an eye on the lawsuits
Arianna Taite on Odds of Australian (Daniel Pocock) Winning Clacton By-Election
His detractors somehow try to twist or frame him (Pocock) as an impediment to women while the exact opposite is true
This Coming Weekend Marks 4 Years Since We Dumped Content Management Systems (CMSs) in Favour of Static Site Generators (SSGs)
the first page dated July 25
Slop's Latest Casualty: The Credibility of Linus Torvalds
If you care about millionaires and billionaires, follow Torvalds (he is already in that "club")
Techrights Will Become More Productive (More Output) Over Time
Big stories about to land
Touch Grass
Happiness involves what humans have evolved to appreciate, not what humans create to sedate the mind (like skinnerboxes)
The Cyber Show on Technology Having Become a Tool of Mass Psychosis, Not Enablement or Emancipation
Technology as mass psychosis
The Rumour Said That a Second Wave of Microsoft Layoffs Would Come This Week (Ahead of Fake 'Results'), Maybe Tomorrow
Let's wait and see how "MSM" unfold
To Wikipedia, "Notability" is Just an Excuse to Hail People Who Serve Billionaires While Marginalising or Defaming the Rest
Wikipedia is an advertising space
Our Series About Solicitors Regulation Authority (SRA) and SLAPPs Will Resume Soon
Originally, in 2025, we gave ourselves 6 years (until 2031) to cover these issues, but we've seen since extended that to 10 years (until 2036) because of the amount of material we have
European Patent Office (EPO) Series: The EPO Transparency Gap
Despite the "European" tag in the organisation's name, the European Union has no jurisdiction over the European Patent Organisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 20, 2026
IRC logs for Monday, July 20, 2026
Links 20/07/2026: Lashes for Songs in Iran, Kurdish Language at Risk
Links for the day
Gemini Links 21/07/2026: The Boss Baby (2017) and 2026 Old Computer Challenge Epilogue
Links for the day
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Karen Melchior Fought the Good Fight
stay tuned for Part 29
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026