87. The representative of the United States said that, as referred to by other Members, the IGC had held its 20th session in early February. As evidence of its constructive engagement at that session, the United States, together with Canada, Japan, Korea, and Norway, had made a proposal for a Joint Recommendation on Genetic Resources and Associated Traditional Knowledge (Joint Recommendation). Providing a few highlights of the Joint Recommendation, which incorporated Members' shared interest in addressing erroneously granted patents, he said that the objectives and principles of the Joint Recommendation were that "Member States, in protecting genetic resources and traditional knowledge associated with genetic resources, should aim to: (a) prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources; (b) protect indigenous peoples and local communities from the limitations of the traditional use of genetic resources and their traditional knowledge associated with genetic resources that might result from the erroneous patenting thereof; (c) ensure that patent offices have the appropriate available information on genetic resources and traditional knowledge associated with genetic resources needed to make informed decisions in granting patents; and (d) maintain the incentives for innovation provided by the patent system."
88. He highlighted a number of important developments in the IGC, including the development of improved search tools and classification systems for patent examiners who examined patent applications, including applications that claimed genetic resources; the creation of a database of illustrative examples of mutually agreed terms concerning access and benefit sharing, which served as a capacity-building tool, and helped to inform the policy debate; and the drafting of guidelines on the IP aspects of equitable benefit-sharing arrangements.
89. In addition, mindful of the concerns being addressed at the IGC, the WIPO Patent Cooperation Treaty Working Group had established additional tools to improve the quality information available to patent examiners. Those tools included a supplemental international search mechanism and a mechanism for third parties to submit prior art to be considered during the international search and preliminary examination. The US Patent and Trademark Office had a similar mechanism in place.
90. Furthermore, the International Authorities under the Patent Cooperation Treaty had decided to expand the list of periodicals that were part of the PCT Minimum Documentation by adding the Korean Journal of Traditional Knowledge, the Indian Journal of Traditional Knowledge, and other periodicals. The PCT Minimum Documentation was the patent publications and non-patent literature that a patent examiner should search in conducting a search or preliminary examination of a PCT application. National authorities had created additional tools, such as patent prosecution highways and databases of information related to genetic resources and associated traditional knowledge.
91. He said that although the IGC had not yet finished its work, it had made significant contributions to addressing Members' shared concerns. He hoped that WIPO would adopt the Joint Recommendation and thereby demonstrate to the international community Members' commitment to prevent patents from being erroneously granted, including by creating and using relevant databases, and by encouraging compliance with relevant access and benefit-sharing and prior informed consent laws and regulations.
