世界知识产权组织杂志，2012年第6期（12月）

Designing for Businesssuccessp.12|innovative licensingexpanDs access to Hiv treatmentsp.17|Disposingofcounterfeit gooDs: unseen cHallengesp.25 contents p.2ePCT: for even easier international patent filingp.6Changing places: a new role for creatorsin the digital worldp.9Filmmaking in Mexico: an insider’s perspectivep.12Designing for business successp.17Innovative licensing expands accessto HIV treatmentsp.22US courts grapple with patent-eligible subject matterp.25Disposing of counterfeit goods: unseen challengesp.30Collaboration in intellectual property: an overview Editor:Catherine JewellGraphic Designer:Annick DemierreCover image:Halo Studio Acknowledgements:p.6Carlos Castrop.9Victor Vazquez Lopezp.12Grégoire Bissonp.17Philippe Baechtold& Anatole Krattigerp.22Philippe Baechtoldp.25Louise Van Greunenp.30Intan Hamdan-Livramento Front cover:Mexican independent film producerand director Roberto Girault (back to camera)guides leading actor Jorge Lavat (Chano)in the film El Estudiante, one of the mostsuccessful domestic Mexican films ever. ePct:for eveneasier internationalpatent filing BySilke Weiss,PCT Legal Division, WIPO In an age of increasing globalization, companies large and smallare seeking patent protection in multiple countries. WIPO’sPatent Cooperation Treaty (PCT) provides essential servicesto facilitate this process and is an increasingly popular meansof filing for international patent protection. In 2011 alone, over181,000 international patent applications were filed underthe Treaty. The patent system as it exists today, however, isstill characterized by processes that are largely rooted in thephysical exchange of documents. This can cause delaysand impede the system’s operational efficiency. In May 2011,WIPO launched ePCT, a new online service that will make theprocess of international patent application filing far easier andmore efficient, and offers users and national patent offices anumber of advantages. ePCT users are heralding it as thegreatest innovation in the PCT system over the past 30 years.This article outlines the services available under ePCT andhighlights some of its main benefits. ePCT’SSerVICeS ePCT offers two types of service: public services that, by simplyestablishing a user account, enable users to upload documentsrelating to all international applications filed under the PCT; andprivate services that, by uploading a digital certificate, enableusers to access and manage their international applicationsfiled as of January 1, 2009. With ePCT, users can monitor the status of their internationalapplication and modify it as necessary in real-time. They canalso communicate securely with WIPO’s PCT examiners, moni-tor deadlines (thanks to a running timeline feature) and receivenotifications of events and necessary action. Users can alsogive access rights to others according to whether they are an“eOwner”, an “eEditor” or an “eViewer”. This feature allows apatent agent, for example, to share a file with colleagues, orwith the applicants they are representing. “Just 12 months ago, ePCT was a small-scale pilot scheme”,notes WIPO Director General Francis Gurry. “Today it is beingused by applicants from over 80 countries and has recentlybeen made available to patent offices. It is proving to be ex-tremely popular. It responds to innovators’ need for an on-linetool to navigate the international patent system effectively, andis among the most important of the current improvements tothe PCT.” A uSer’SoPInIon “ePCT is part of the daily workflow of Oppedahl Patent LawFirm (OPLF),” says Carl Oppedahl, one of the earliest adopt-ers of the service. OPLF encourages its foreign clients to useePCT when they seek patent protection in the US by offeringthem a discount. “ePCT permits us to carry out the US nationalphase entry more efficiently,” notes Mr. Oppedahl. “Access toePCT allows us to copy and paste bibliographic data ratherthan hand-keying it, and permits early access to importantdocuments,” he explains. The patent system has grown up with processes that are stilllargely based on the exchange of paper documents. Thismeans that the same patent application and associateddocuments are often held by multiple actors working withinthe patent system. These include patent applicants and theirrepresentatives in different countries, patent offices, and pat-ent searching and examining authorities. ePCT offers a virtualalternative enabling the electronic exchange of patent-relateddata between interested parties securely, quickly and easily. Itestablishes a single electronic platform that is accessible to allthose involved in the international patenting process. Once thesystem is fully functional, applicants can submit their interna-tional patent applications online and these are instantly avail-able to the 18 International Searching Authorities responsiblefor searching the prior art to determine the patentability of aninvention. The results of this search are then readily availableto applican