Out-of-date patent environment

Access Euro Consulting of South Street, Valletta, have clearly reached the wrong conclusions in their analyses (submitted to the Ministry for Economic Services) of the effects that would result if Malta accedes to the European Patent Convention (EPC) and the Patent Cooperation Treaty (PCT). (The analyses can be viewed online at www.mic.org.mt/MaltaEU/studies/studies_mes.htm).

At least, Access Euro Consulting does concede that joining the EPC and the PCT patent system will have the following positive effects:

i) "encourages innovation" and "protects companies which invest in R&D (Research and Development);

ii) "promote technological progress";

iii) "make it easier and cheaper for inventors to file for patent protection in a large number of territories".

Nonetheless, Access Euro Consulting conclude their "full report" thus:

"Our main recommendation in this report is that Malta should postpone the ratification of EPC/PCT to the latest possible date. The reasoning behind this recommendation is that disadvantages objectively appear to outweigh the advantages, particularly because Malta does not appear to have a competitive advantage in innovation."

Malta does not actually appear to enjoy much competitive advantage within any sector of its economy, for that matter! All the more reason, then, to encourage and promote local innovation and to do that you have to render it easier, and cheaper, for local innovators to file for international patent protection. And that is precisely the raison d'être for accession to the EPC and PCT. Without such accession, we are simply making sure that things remain as difficult and as expensive as possible for our native born innovators. Small wonder then, that when Access Euro Consulting looked for native born inventors they "generally drew a blank"!

Furthermore, Access Euro Consulting concluded that "the two possible areas (for inventing things) are in the high technology fields of electronics and pharmaceuticals."

This is a prejudicial opinion pure and simple. Perhaps there is someone in Malta who will invent something that relates to the pastime of fishing, or maybe a new item of stationery, or just a new kind of musical instrument, or even a new but simple amusement device. Innovation is simply not limited to the "high" technology fields, much less to electronics and pharmaceuticals.

Access Euro Consulting give only one possible disadvantage for joining the EPC and PCT, namely, "that there may well be a negative impact on local companies manufacturing or importing products, which are copies of products patented in other countries".

But then, Access Euro Consulting state that "we tried to find out whether there are companies in Malta manufacturing goods that would be currently under patent in other countries. The answer we came to was that probably there are not any yet..."

Access Euro Consulting went on to say that "the other major effect is in relation to the copying (or pirating) of patented goods, particularly luxury consumer products... We made extensive enquiries to determine the extent to which Maltese business is involved in such counterfeiting activities. No one admitted to this and the Chamber of Commerce and the Federation of Industry were unable to help us locate businesses involved in counterfeiting but a walk down the Merchant Street market clearly reveals that there (are) a lot of counterfeit products on the market."

Clearly mainstream, respectable, local manufacturing concerns disdain the despicable practice of counterfeiting. Counterfeiting is certainly not to be considered as beneficial to the consumer. Indeed such a practice is detrimental to the consumer who desires quality and authenticity. Let not a few dodgy small businesses that engage in such shady practices keep hostage the real business potential of local innovators who are just waiting to join the rest of the world in attaining their PTC and EPC rights, just like other innovators abroad have already done, so many decades ago.