WIPO Promotes IP Flexibilities Database

The UN World Intellectual Property Organization this week promoted a database it has developed containing a collection of flexibilities to IP laws in countries around the world.

The Database on Flexibilities in the Intellectual Property System is available on the WIPO website. It states:

“At the sixth session of the CDIP, member states agreed to establish the Database on Flexibilities in the Intellectual Property (IP) System. It contains data drawn from WIPO documents on Patent Related Flexibilities in the Multilateral Legal Framework and their Legislative Implementation at the National and Regional Levels (namely CDIP/5/4 Rev., CDIP/7/3 Add, CDIP/13/10 Rev, and CDIP/15/6 Corr.).” The CDIP is the WIPO member states’ Committee on Development and IP.

It also adds: “The database allows searches for implementation of flexibilities in national IP laws in selected jurisdictions.”

The database allows searches by: fields of IP (but only shows patents); type of flexibility (such as compulsory licences and government use, or criminal sanctions for patent infringement); and country.

It also provides tables of different provisions on specific flexibilities, for each type of flexibility.

A note at the bottom of the database states: “The references to laws were accurate at the date of publication of the above-mentioned documents. However, users are advised to cross-check laws in WIPO Lex to ensure that the most up-to-date version of the law is referenced.”

The database was promoted on the biweekly WIPO Wire organ, which stated under Resources:

Find IP Flexibilities

A database contains a collection of built-in flexibilities in IP systems that allow countries to implement IP laws and policies that are most suited to their national and regional circumstances and capacities.

The promotion is well-timed as a variety of actors are preparing to respond to a call by UNITAID for proposals on flexibilities to the World Trade Organization’s international trade law on IP rights, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).