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

IBM's Anderon Another Opportunity for Debt-Loading, Publicity Stunts, Maybe Hidden Layoffs
Anderon is like Theranos
In Praise of 7 Years of Alex Oliva in the FSF, Not IBM
Thank you, Mr. Oliva, for 7 years of uncompressing advocacy and perseverance
Linux Kernel Becoming a Slopfest - Part 2 - Bribes From Slop Pushers Divide Us
Money can and does divide people
Expecting Failure
Some things would not happen to technology (tech) experts because they know how things work and what to expect (or watch out for)
 
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026
SLAPP Censorship - Part 186 Out of 200: Love (Always Commands)
This coming Friday we celebrate our wedding anniversary
With Half of September Finished Clownflare Radar Sees GNU/Linux at 7% "Market Share"
On desktops/laptops
Gemini Links 16/09/2026: Cards, Nature, and Conspiracy Theorists
Links for the day
Links 16/09/2026: Proprietary Chatbots Company Lets Humans Moderate Chatbots, "Putin Looking to See How Far he Can Push NATO"
Links for the day
The Only Still-Supported Version of Windows Breaks Itself (Again), the Microsoft Layoffs Will Carry on in Secret
In the US they marked about 7% for removal just this past summer
Wikileaks Turns 20 Just 18 Days From Now
it's fair to say they've endured online, but aren't lively/active
The Cyber Show Debunks the Alleged Intelligence in Slop
It's shorter than usual
Links 16/09/2026: US Running Low/Out of Some Ammo Due to Wars, Slop Bots "Are Using an Outrageous Amount of Electricity"
Links for the day
"AI Slowdown" is Code Word for Bubble Imploding (Trying to Make This Slowdown Seem Wilful, an Act of Safety and Responsibility)
They help one another by inflating the bubble and making false excuses when expansion stalls
SLAPP Censorship - Part 185 Out of 200: What Reputation?
Helping monopolies and working for monopolies never made anybody popular
Gemini Links 16/09/2026: Slovenia, Catastrophe Ethics, and ROOPHLOCH 2026
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 15, 2026
IRC logs for Tuesday, September 15, 2026
Microsoft Layoffs in September 2026 Are Silent, Hidden
Expect the same next month ahead of the fake results
Links 15/09/2026: 'Smartphone', Android TV Box, Stockholm Syndrome of [Slop Plagiarism] Acceptance
Links for the day
Carmen-Lisandrette Maris Prepares Audiobook to Explain Software Freedom/Digital Rights to Adolescents, Needs Help From Volunteers
needs help with narrating
Links 15/09/2026: Putin-Connected Money for The Insurrectionist Jr. and Turkey's Crackdown on Activists
Links for the day
publicdomainpictures.net Seems to Have Become Fed Up With Slop Contaminating Its Database (Wasting Storage, Bandwidth), Now It's Suitably Flagged, Should Be Demoted/Delisted
The site was redone, suffered some hours of downtime, then 'relaunched' with a new interface this week
Gemini Links 15/09/2026: Hiking in Munții Făgăraș, Scams, and Slop Plagiarism Considered Unethical
Links for the day
Linux Kernel Becoming a Slopfest - Part 1 - At the Beginning (Torvalds Knew It Was Trouble)
We still wonder if we should make and actively maintain a shame list (developer/employer) for the people who contaminate Linux the most with slop plagiarism
EPO Staff is Preparing to Take Up a Notch the Strikes and Other Industrial Actions Ahead of October's Meeting (It Can Help Oust the Corrupt Leadership)
mobilising perhaps thousands of workers at a critical time in the history of the Office
unixcop.com is the Latest "Linux" Site to Have Become a Slopfarm After 2 Years of Death (Inactivity)
Not a way to stage a comeback
Allegedly Many PIP Layoffs in Nepal, IBM Does This Before a Known Death Toll in Avalanche (Caused by China-, Europe-, and US-Induced Global Warming)
Fresh wounds, before the bodies are even recovered (thousands still missing)
"Wail" by Alexandre Oliva
This work is licensed under the Creative Commons License BY-SA (Attribution ShareAlike) 4.0 International
This Morning The Register MS Published a Page With "AI" 83 Times in it. The Register MS Got Paid to Do This.
The Register MS is not a serious publisher and a lot of the stuff about "AI" on the Web isn't journalism but paid-for SPAM
While GAFAM/Microsoft Disguise Financial Crisis as "Investment in AI" the Slop Giants Make Up a Narrative of Wilful Slowdown
A BS artist is good at the art of BS when the artist's failures or weaknesses get twisted as moral or professional leadership
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day