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20 Wis. Int'l L.J. 523 (2001-2002)
Internationalization of the Patent System and New Technologies

handle is hein.journals/wisint20 and id is 533 raw text is: INTERNATIONALIZATION OF THE PATENT SYSTEM AND NEW TECHNOLOGIES' CARLOS M. CORREA* INTRODUCTION The initiative for development of the international patent system launched by the World Intellectual Property Organization (WIPO) in 2001, is premised on the assumption that a robust and dynamic industrial property system, and particularly the patent system, supports and encourages technological innovation, brings more and better products onto the market for the benefit of people, and promotes investment and technology transfer.2 The main objectives of this initiative include reducing the costs of patenting internationally for international industries, individual inventors and small and medium-sized enterprises, reducing the workload of patent offices by avoiding duplicative work, and speeding up the process of granting patents.3 Though these objectives are valid and welcomed, questions arise about the opportunity of further harmonizing the patent system at a time where there are growing concerns about its functioning and impact on competition and innovation, particularly in the field of new technologies. Questions can also be posed from the perspective of developing countries, given the profound asymmetry existing in the distribution of the world's innovative activities as well as in the use of the patent system. The top ten industrialized countries account for as much 84% of global resources spent on research and development (R&D) and for 94% of patents granted worldwide, and receive 91% of cross-border royalties and technology license fees.4 Developing countries account for only 4% of world R&D expenditures,5 and although some developing countries have made considerable progress in the exploitation of new technologies (like the case of India with software), the vast majority have not been able to realize the promises that such technologies seemed to offer at their earlier stages of development. Revised version of a paper submitted to the Conference on the International Patent System, World Intellectual Property Organization, Geneva, March 25-27, 2002. Professor at the Universidad de Buenos Aires. 2 WIPO, INFORMATIONAL NOTE. THE PATENT CORPORATION TREATY (PCT) IN 2001, A/36/14, 1 (2002). Id. 22-28. 4 NAGESH KUMAR, INTELLECTUAL PROPERTY RIGHTS, TECHNOLOGY AND ECONOMIC DEVELOPMENT: EXPERIENCES OF ASIAN COUNTRIES 3-4 (2002) (prepared for the work of the Commission on Intellectual Property Rights, London), available at www.iprcommission.org. 5 UNDP, HUMAN DEVELOPMENT REPORT 67 (1999).

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