‘IPR could be a progress tool for developing countries’

Roberto Castelo, deputy director general, World Intellectual Property Organization (WIPO), Geneva, is associated with the organization from 1996 when he joined as director, Conference and Operational Services Division. He is responsible for cooperation with Latin America and the Caribbean, Africa, Asia and Pacific and Arab Regions and for WIPO Programme for Least Developed Countries (LDCs), Collective Management and for the Infrastructure Services and WIPO Worldwide Academy activities. Roberto Castelo in a telephonic interview from Geneva tells Jayashree Padmini that countries in economic transition should know how to utilize IP system to their advantage.

In the era of globalization and emergence of knowledge-based economies how does WIPO shape up its strategic vision?

Intellectual property will be the main driving force in this era and WIPO’s focus is to provide strong leadership in developing the intellectual property system with a view to underpin the global conditions where creative potential can be released and channelled into tangible, sustainable development. The thrust of WIPO’s vision is a Global Intellectual Property Development Strategy, which combines political imagination, goodwill and collaboration among member states, the market sector and the secretariat to allow the organization to unleash its great potential and resources for realizing this vision.

If we analyze the trends in wealth creation, we could see that the most dynamic economic sectors are those related to intensive knowledge and intellectual property activities. These trends are important not only with regard to the future of the protection of intellectual property as strategic macro and micro-economic tool, but also with respect to the nature and type of investment that need to be enhanced in the near future in order to underpin national development and make intellectual property relevant to the people.

In facing the challenge of change, a new vision and a strategy are necessary that entail flexibility and dynamism, within which framework WIPO’s global activities are oriented to develop the intellectual property system in its dual dimension: protection of intellectual property rights and promotion of creative activity.

Could you elaborate on PCT and how does it benefit countries in economic transition?

PCT (Patent Co-operation Treaty) mainly intends to simplify and to render more effective and economical means of patent protection in multiple countries. One application in one language filed with one office replaces multiple foreign filings until entry into the national phase. It provides for search, preliminary examination at international level enabling for assessment of economic value of the invention and the chances of obtaining a patent before entering national phase.

PCT offers greater flexibility keeping options open by making multiple designations and various possibilities for withdrawal at various points so that further expenses could be avoided. It provides for better quality translation for the national phase and better planning of the expenditures for the national phase. Developing countries would find the cot control options attractive. Postponing national filing costs earns interest on capital and applicants from certain contracting states could avail of 75 per cent reduction in PCT fees. Moreover, this would give way to more straight forward and rapid national patent granting.

A change in the new PCT system with effect from April 1, 2002, that of modified time limit where the national phase entry is changed from 20 months to 30 months. What is the rationale behind it?

The modification has been effected after consultation among member countries and under unanimous agreement. The extended period would give space for thorough examination.

Owing to the large number of applications before WIPO the 20 months period becomes insufficient to complete preliminary examination and international search. The enhanced search report (ESR) called for an extended period.

In view of the continued growth in PCT filings that has generated enormous increase in workload, the modification has been effected and significant proportion of applicants use the IPE procedure only in order to delay entry into national phase. IPEAs (International Prelim-inary Examination Authorities) will have more time to focus on those applications and will be able to maintain the quality and timeliness of the IPERs (International Preliminary Examination Reports) that they produce. IPEAs will be in a better position to respond to the expected future growth in PCT filings with the extended time period.

What is the total number of applications received last year?

In 2001 alone, the International Bureau of WIPO received a total of 103,947 applications filed worldwide, which represented a 14.3 per cent increase over the number of applications filed in 2000. Total applications received till 2001, since filing of international applications under the PCT commenced in June 1978, stood at 684,260.

In view of increasing applications, is WIPO looking at electronic filing as the ultimate option?

The plan is to transform the whole system to electronic filing by the end of next year. The time schedule set is by March 2003. Receiving Offices (RO)/IB would be prepared to receive international applications in electronic form without paper. July 2003 would see RO server software to other receiving offices for deployment into their own environments. In October 2003, the enterprise version of PCT-Safe/PCT Easy would be released paving way to complete electronic filing system.

There was a report by UK Commission on Patents which says, a strong patent regime may not be in favour of developing countries. Your comments.

The concern is about abuse of IPRs but I don’t think we have enough reasons to be apprehensive. IPR is actually a tool for progress that developing countries should know how to utilize.

Don’t you think WIPO could take a proactive role here?

Yes. WIPO’s major focus is to equip developing/least developed countries to take on the strong patent regime and transform it to their advantage. The WIPO Net and Infonet are aimed at disseminating information to national stakeholders in a view to empower them to take up this task.

There are three methods a country could adopt to have technology/and advancement in knowledge, say, develop national technology, go in for technology transfer or attract FDI to build capabilities. When countries in economic transition have minimum national capability built up for innovation they could opt for latter two, but it will fail to happen if such countries do not ensure a strong IPR system. We provide support for putting in place an efficient IP system to allow inventions to come in.

WIPO helps in setting up a good IP Office by way of enabling these offices, creating programmes to allow institutes to support SMEs to have access to information and knowledge and in human resource development. We also help national governments in formulating country specific strategies to draw maximum advantages of the IP system. WIPO takes a major role in enhancing awareness on trade marks, copyrights, geographical indications and the whole gamut of such protections available so as to prioritize the interest of the national stakeholder.

The WIPO Cooperation

for Development Programme includes the legal technical assistance to developing countries. It provides a modern legal framework in line with their national and international commitments. The programme includes capacity building activities in the fields of automation and human resource development. It promotes meetings, seminars and activities on intellectual property, policy issues directed to the needs of developing countries in areas such as access to health, food security, environment, biotechnology, biodiversity, traditional knowledge and folklore.

What is the specific WIPO support extended to India?

In the government of India project to modernize the patent offices in the country and training of staff, WIPO is taking a significant role. WIPO extends support in the form of equipment (part of) for automation of office and in the training of patent examiners to develop expertise. This includes on site training and training abroad, especially in view of the emergence of more and more biotech products.

Being associated with WIPO for over six years and being in constant contact with countries as well as IP systems across the world how do you assess the challenges involved?

Owing to the continuous growth of PCT filings of over 16 per cent the end of next year would see five crore applications to process and examine. More-over, expansion of product range to include the breakthrough developments in biotechnology and genomics research would call for high level of expertise. We are discussing these aspects among the national stake holders in order to have an ongoing programme of upgradation of knowledge base. Another, challenge is with regard to LDCs which have only very limited resource capital and industrial capability as to device methodologies to motivate FDI and to identify opportunity in addition to help them identify the right technology.