At the 36th series of Meetings of the Assemblies of the Member States of WIPO which took place in Geneva from 24 September to 3 October 2001, Dr Kamil Idris, Director General of WIPO, personally introduced his memorandum entitled "Agenda for Development of the International Patent System". The prime objective of the memorandum, which Dr Idris said could equally well have been called "WIPO's Patent Agenda", was to initiate worldwide, open negotiations to develop a strategic blueprint for change. The proposed discussions are not intended to replace or undermine existing projects, particularly the discussions on the draft Substantive Patent Law Treaty (SPLT) or the reform of the PCT, but should complement and supplement the existing efforts.

A glance at the list of measures and questions contained in the annex to the memorandum reveals that the Director General's initiative is indeed ambitious and far-reaching. Questions 1 and 2, for example, ask respectively whether a revised international patent system should rely on existing systems, particularly the PCT, or whether an entirely new system should be developed, and whether procedures should be adopted whereby substantive rights could be granted under an internationally recognised procedure. Question 5 enquires whether it is appropriate for patent offices to subject each and every application to search and examination before grant, and Question 11 raises the possibility of low-cost alternatives to patent protection. In Question 29, the Director General asks whether there are new possibilities for resolving post-grant disputes of infringement and/or validity in an international context. In his introduction, the Director General emphasised that the list of questions and measures in the annex was not intended to be exhaustive and all constructive suggestions and guidance would be welcomed.

Written comments on the Director General's memorandum have been requested by 31 January 2002.

The Bureau believes that FICPI must participate fully in this important new initiative and has asked the Study and Work Committee (CET), led by Group 3 (International Patent Questions), to prepare written comments on the Director General's memorandum for submission to the International Bureau by the end of January 2002, with initial remarks on those topics that are of particular relevance to FICPI members and their clients.

The CET would like to hear the views of all FICPI members on WIPO's agenda for development of the patent system. A copy of the Director General's memorandum has been placed on the FICPI website, and an electronic discussion forum has been set-up for you to post your comments. The forum will be moderated by CET Group 3 who would particularly welcome any suggestions for additional topics not already covered by the annex to the memorandum.

The Bureau have pointed out that non-governmental organisations such as FICPI have more influence at the early stages of initiatives such as this than later on in the discussions, when political considerations between the member states become more prominent. It is vital therefore that FICPI makes a constructive, well considered response to the Director General's invitation for comments at this stage. The valuable assistance of all FICPI members is requested to make sure that we do not overlook any important issues or perspectives. We look forward to hearing from you!