Andras Jokoti, WIPO, on AI, trade secrets and patents
This week’s conversation takes us on a journey to the world, or at least a little bit. Andras is a lawyer who specializes in intellectual property. He has experience both domestically and internationally. He is the former director-general for legal affairs of the Hungarian intellectual property office, and is a former Fulbright Scholar. Andras studied Intellectual Property and obtained his LL.M. Andras studied intellectual property and obtained his LL.M. Andras then worked with the Budapest University of Technology and Economics in order to strengthen their IP and technology transfer operations. Andras has been the Director of the Patent and Technology Law Division for the World Intellectual Property Organization since January 2022. He spoke at IPWatchdog LIVE 2024, which was hosted at the Renaissance Capitol View hotel in Arlington, Virginia. Andras came to the United States last week to speak at IPWatchdog LIVE 2024, which was hosted at the Renaissance Capitol View hotel in Arlington, Virginia.
During our wide-ranging conversation we discuss a number of issues, from standard essential patents to artificial intelligence, and trade secrets too, which is what brought him to IPWatchdog, to discuss the new WIPO trade secret guide, published in July 2024.
With respect to standard essential patents, Jokuti explains that SEPs are an important area, and earlier this year WIPO put out a new standard essential patent strategy, and is taking steps to forward that strategy, although he tells us he does not think the time is ripe for any kind of norm-setting activity or legislative convergence, but that WIPO is trying to work “to create an environment where the transparency can be enhanced through means of putting out studies, collections, enhancing the patent scope database with essentiality declarations, and all those measures that contribute to the conversation and can indirectly result in some kind of convergence in understanding.”
“Most of the issues are sorted out through either litigation or ADR, or through some market-driven mechanisms,” Jokuti said. WIPO does not want to create a standard essential patent treaty. The approaches, the policies may be very different between the jurisdictions. The approaches, the policies, may be very, very diverse. We don’t care what type of patent system a small island country or another country in a different region has. It’s about letting them know what options they have, and allowing them to make informed decisions. We are trying to explain what one path means compared to another.” Part of a symposium on trade secrets. And in more recent months, WIPO has just published a trade secret guide, which “is something that really fills a gap because there hasn’t been any comprehensive WIPO publication apart from the general information on trade secrets on the website that really addressed specific issues in a detailed manner relating to trade secret protection,” Jokuti explained.
“If you think patent law is diverse, then trade secret law is even more diverse,” Jokuti said when discussing just how diverse trade secret laws are around the world. Jokuti said that trade secret laws are more diverse than patent law. Sometimes it is unfair competition. Sometimes it’s IP laws per se. Sometimes it’s contractual. Sometimes it’s a breach of confidentiality. So, the roots are different, but the end result is similar with many, many, many nuances and variations.”
To hear this entire conversation, listen wherever you get your podcasts (links here) or visit IPWatchdog Unleashed on Buzzsprout.
Gene Quinn
Gene Quinn is an expert on patent law, innovation policy and patent law. Mr. Quinn was twice named as one of the 50 most influential people in the world
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