As currently drafted, article 3(1) does not spe- cifically allow contracting parties to require submission of infor- The cost of implementing the DLT poses a significant barrier mation relating to the source or origin of any TK or TCE used in for developing countries, particularly due to the treaty’s digital a design that is the subject of an application. [...] allow for some sort of ‘evergeening’ of designs as the term of protection may be artificially extended as it is the case in the Electronic Filing Requirements (Articles 9ter/quater) context of the patent law.5 Partial design claims, which permit companies to register parts of a product rather than the whole, The DLT’s push for electronic filing systems that could bene- may lead to fragmented prote. [...] to strategically delay the full disclosure of their designs through later-stage filings, divisional applications can prolong uncer- For these countries, the flexibility to make electronic filing op- tainty for competitors due to lack of clarity on the full scope tional and accompanied by targeted support measures, such as of the applicant’s design portfolio and artificially extend the funding and. [...] At the diplomatic conference the draft DLT will need to be fi- Rule 2(3) of the Regulations to the DLT introduces an obligation nalized with amendments to enable the disclosure of traditional for parties to allow applications on designs embodied in a part knowledge and traditional cultural expressions used in designs. [...] for their implementation of the DLT and retain policy flexibility that aligns with local business environments such as recognizing For developing countries, the administrative and legal resources the special challenges for SMEs as compared to large firms in required to navigate divisional and partial claims may pose a sig- obtaining design rights.
- Pages
- 5
- Published in
- Switzerland
