Since the protection of intellectual property is limited to the territory of the State in which it is granted, the inventor has to seek patent protection for his invention in different territories. Having felt with the need to protect the invention through a single registration system having a global effect, the World Intellectual Property Organization (WIPO) developed a global patent system known as the Patent Co-operation Treaty (PCT) in 1978 co-operating currently with 150 counties.
The principle objective of the PCT is to provide a more effective and financially viable means for patent protection in several countries with a single patent application. Under the PCT, the inventor has to file a single application (known as an international application) in one language having effect in each of the country party to the PCT by indicating the names of the countries where he/she desires protection. This system also provides formal examination of the international application by a single office and also international search on the prior art.
With regard to the applicant, this system is very cost-effective and less time consuming. Since the applicant requires to file a single application with a prescribed fee (reduced 90% for LDCs), while the traditional patent system requires filing of individual patent application in each country where patent protection is sought which involves not only preparation and filing of patent applications in several countries in different languages in different systems but also added cost in terms of payment of fees to the patent offices, expenses on translation, fees to attorneys, etc. Besides, it increases the predictability of patent by allowing the applicant to make an objective assessment as to patentability of his invention at an earlier stage. Thus, this system simplifies and renders more economical protection of inventions through a harmonized system.
In respect of the national patent offices, this system reduces the workload of the patent office and saves their valuable time. They can employ their available manpower to handle more patent applications, since those applications coming via the PCT have already been verified with regard to compliance with formal requirements during the international phase. They can also extend their activities by providing technical advisory services to local industry either in terms of advising on available technologies or in connection with research and development activities. Besides, the Patent Office can save the cost of publishing as the international application has been published in an official language of the country, they can forgo publication. Further, this system does not affect the revenue of designated offices unless they decide voluntarily to give a rebate on national fees.
Since an effective protection of intellectual property certainly helps in garnering more FDI especially in some critical areas of technology like pharmaceuticals, etc. the developing countries and the least developed countries may attract FDI in vital industrial sectors though this system. Thus, the PCT may serve as an indispensable part of the country's strategy to foster its growing economy and to promote the rise of its technological level.
However, historically, developed countries have comparative advantage in technological inventions. These countries often seek maximum protection to their inventions in other States through a cost-effective way. Further, the inherent monopolistic nature of the patent coupled with this uniform system may have an adverse effect on the developing and LDCs who lack technological inventions capable of patent protection.
Besides, this system does not offer protection to utility models or design patents which may lead to the exclusion of second-tier inventions of most of the developing countries. Finally, this system tends to give maximum protection to foreign inventions without requiring the mandatory transfer of such technology.
Given those welfares and downsides, there are a number of benefits that Bangladesh may attract as soon as it signs the PCT. For example, in case of international patent application fees, a Bangladeshi as an LDC country applicant whether a natural person or artificial will get 90% reduction of the standard fees for such application. Besides, the country can negotiate for the WIPO Development Agenda that contains 45 immediately implementable recommendations.
Furthermore, the signing of the PCT may attract the developed countries' commitment towards Bangladesh as pledged in the TRIPS Agreement. Article 67 of the TRIPS requires developed country Members to provide, technical and financial cooperation in favor of developing and LDC Members. The Article specifies that such assistance includes assistance in the support regarding the establishment or reinforcement of domestic offices and agencies relevant to these matters, including the training of personnel. Besides, article 66(2) enjoins the developed country Members to provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country members in order to enable them to create a sound and viable technological base.
Thus, the PCT can be a useful means for Bangladesh to ingress into the international co-operation and simplification in the process of innovation and transfer of technology for its minimum cost and potential advantages that may be availed from the international community.
Dr Mohammad Towhidul Islam teaches Intellectual Property Law as a Professor in the Department of Law, University of Dhaka
Since an effective protection of intellectual property certainly helps in garnering more FDI especially in some critical areas of technology like pharmaceuticals, etc. the developing countries and the least developed countries may attract FDI in vital industrial sectors though this system. Thus, the PCT may serve as an indispensable part of the country's strategy to foster its growing economy and to promote the rise of its technological level.
