Deference, Not Delegation! – WIPO PCT Negotiations

Intellectual Property Watch, June 2018

5 Pages Posted: 27 Feb 2019

See all articles by Sandeep Rathod

Sandeep Rathod

Independent

Feroz Ali

National Law School of India University

Date Written: June 17, 2018

Abstract

This short paper examines the proposal to amend the PCT Regulations so as to provide Contracting States with the possibility to delegate designated and elected Office functions to the Office of any other Contracting State or an intergovernmental organization.

The Authors submit that by granting such a power, this proposal will be tantamount to introducing substantive patent law provisions through the backdoor: an endeavour to harmonize substantive patent law that the WIPO has failed to achieve over the years.

Keywords: PCT, WIPO, Patent

Suggested Citation

Rathod, Sandeep and Ali, Feroz, Deference, Not Delegation! – WIPO PCT Negotiations (June 17, 2018). Intellectual Property Watch, June 2018, Available at SSRN: https://ssrn.com/abstract=3330593

Feroz Ali

National Law School of India University ( email )

Nagarbhavi, PO Box 72
Bangalore, Karnataka 560072
India

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