The thirty-eighth session of WIPO's Standing Committee on the Law of Patents (SCP) met in hybrid format in Geneva from 2 to 6 November. Its documents include a proposal by the Delegation of China (SCP/38/10), published on 29 September in Chinese as the original language and placed under draft agenda item 6, quality of patents, including opposition systems, for members to consider.
The proposal notes that neither the IP treaties nor the outer space treaties set detailed rules on ownership and protection of IP related to outer space, and that national differences may create uncertainty for space activities.
WIPO studied in 1997 whether rules or principles might be needed for inventions created or used in outer space, and in 2004 produced a paper on IP and space activities covering applicable law, jurisdiction and enforcement.
What members are asked to share
China would like to hear members' current practice on outer space IP, in particular patents, including:
- national or regional provisions that address outer space IP directly or by reference, including ownership, applicable law and jurisdiction;
- how those provisions work in practice;
- commercial cooperation and agreements involving outer space IP;
- dispute resolution frameworks;
- other concerns or open questions.
Building on the 1997 and 2004 work, it suggests collecting and compiling members' experience before SCP/39, and holding a policy exchange or expert seminar with members and stakeholders at that session.
The proposal is an agenda item, not a new rule. As of 7 November the meeting page had not posted a Chair's summary, so whether the Committee agreed to the information gathering and exchange depends on the official outcome.
Source: www.wipo.int | www.wipo.int | www.wipo.int
