BIO 2014: Patent community hopeless at compliance, Gurry says

The whole international patent community has been reasonably good at developing new patent laws but hopeless at compliance, said Francis Gurry, director general of the World Intellectual Property Organization (WIPO).

Speaking at the 2014 BIO International Convention in San Diego, California, Gurry said that's true “right across the system,” adding that WIPO is attempting to influence compliance by the organisation's member states.

“You might expect us to be playing good cop and individual countries to be playing bad cop,” he said. However, Gurry also said WIPO is trying to build an understanding of IP and that “what you're finding is internationally there's more focus on enforcement” although there does need to be a more effective system.

“Unfortunately, we live in a very diversified world in which getting agreement is very difficult,” he said.

Speaking at a session on WIPO's activities and their impact on the biotechnology sector, Gurry said “we're in a world in which an increasing component of production is knowledge” and that competition is focused increasingly on IP “across the innovation ecosystem.”

Competition is driving up demand for IP rights and the question is what value IP can add, he said, adding that what's needed are truly global patent cooperation systems. “It's important that they cope, function, in the context of high demand,” he said.

Gurry added that it is important to address the attitude that IP is a barrier to access.

Within a highly competitive environment it's important to have rules-based competition and IP must adjust to a global economic environment. “Our biggest challenge is to have a shared vision of IP” against a background of “social, economic and cultural” competition, in which “too many people see IP as a barrier.”

Moreover, truly global platforms are necessary, in which developing countries participate. “It's important to get buy-in to the role of IP” in a world in which “trade secrets are more important than they used to be” and there is “increased competition based on IP,” said Gurry.

However, he foresees a PR problem with trade secrets: “how do you promote secrecy in an age of transparency?” he asked. There’s going to be a tension between competition and collaboration.

The BIO International Convention runs from June 23 to 26 in San Diego.