WIPO IP Enforcement News: October - December 2005
ANNOUNCEMENT: THIRD SESSION OF THE WIPO ADVISORY COMMITTEE ON ENFORCEMENT (ACE)
The third session of the ACE will be held from May 15-17, 2006, at the headquarters of WIPO in Geneva, Switzerland. As concluded at the second session of the ACE (see document ACE/2/13) this third session will focus on the issue of education and awareness building in all areas of intellectual property enforcement. Invitations will be sent to Members and accredited Observers of the ACE.
I. SELECTED WIPO ACTIVITIES
SECOND GLOBAL CONGRESS ON COMBATING COUNTEREITING AND PIRACY
More than 500 participants from 66 countries attended this second Global Congress meeting, the only forum bringing together, on such a scale, senior government representatives, the private sector and representatives of intergovernmental organizations, to discuss strategies against counterfeiting and piracy. The meeting, held in Lyon on November 14-15, 2005, was hosted by Interpol and the World Customs Organization (WCO), with the support of WIPO, and in cooperation with a number of business organizations members of the Global Congress Steering Group. The program featured a series of panels, each analyzing and debating the effectiveness of current efforts to address counterfeiting and piracy. At the end of the Congress, participants adopted an Outcome Statement which sets out conclusions from the Congress and formulates in some detail recommendations in various respects. The Outcome Statement, media releases, as well as speeches and presentations are available on the Interpol website, see http://www.interpol.org/Public/FinancialCrime/IntellectualProperty/Meeting/2ndGlobalCongress20051114/Default.asp
For the program see http://www.ccapcongress.net/program/program.htm
Once more, the Global Congress meeting will be followed by one or two regional forums under the Global Congress heading, focusing on specific aspects of counterfeiting and piracy in the region concerned and to be held in 2006. Information on the Regional Global Congress Meetings held in 2004/2005 in Rome (Italy), Shanghai (Peoples Republic of China) and Rio de Janeiro (Brazil), including the respective declarations that were adopted, are available at http://www.ccapcongress.net/.
The Third Global Congress will be hosted by WIPO, at the Geneva International Congress Center, on January 30 and 31, 2007. Some 970 persons can be seated in the conference room which has been reserved for this purpose.
NEW WIPO PUBLICATION 791E: INTELLECTUAL PROPERTY ENFORCEMENT CASE BOOK
Prepared by the Honorable Mr. Justice Louis Harms, Judge of Appeal, Supreme Court of South Africa, this new publication 791E analyses characteristic intellectual property case material relevant to enforcement, from various countries in the common law tradition with additional references to a number of decisions rendered in civil law countries. The case book guides through selected court decisions in the different areas of intellectual property law, with an emphasis on matters that typically arise in civil and criminal proceedings in these fields. The publication can be ordered at the WIPO Electronic Bookshop
NEW INFORMATION SOURCE ON WIPO WEBSITE: CASE LAW LINKS
WIPO makes available, on its enforcement website, links to publicly and freely accessible online databases that contain, exclusively or partly, court decisions or decisions of administrative bodies in the field of intellectual property law, or extracts of such decisions. The compilation is based on information submitted to WIPO by participants of the IPEIS Forum as well as by the International Bar Association (Intellectual Property and Entertainment Law Committee). Databases are listed irrespective of the language in which they are maintained. To further develop the compilation, participants of the IPEIS Forum are invited to submit to the Secretariat any additional relevant information. See http://www.wipo.int/enforcement/en/case_law.html
COOPERATION WITH OECD: STUDY ON THE ECONOMIC IMPLICATIONS OF COUNTERFEITING AND PIRACY
This year, OECD has started preparations for a study on the economic implications of counterfeiting and piracy. In relation to this work, OECD and WIPO jointly organized, on October 17-18, 2005, at the headquarters of WIPO in Geneva, an expert meeting which focused on measurement and statistical issues related to counterfeiting and piracy. The meeting aimed at an exchange of views among the participating experts on methods and techniques that are, or could be, used to measure the magnitude, scope and effects of counterfeiting and piracy. Conference documents and presentations are available at http://www.oecd.org/document/21/0,2340,en_2649_201185_35647829_1_1_1_1,00.html
In addition, on December 13, 2005, senior officials of the Secretariats of OECD and WIPO met in Geneva to discuss details of cooperation relating to the above study. It was agreed that WIPO would contribute to the study by providing legal advice on a number of questions in the field of intellectual property law which arise in connection with the study. On a more general level, a plan for further cooperation between OECD and WIPO to raise awareness of consumers and decision-makers from the public and private sectors was also developed.
TRAINING / INFORMATION EXCHANGE
The last quarter of 2005 saw another busy series of WIPO workshops, each focusing on selected topics relevant to the enforcement of intellectual property rights. Once more, many of those events were organized and held in cooperation with the partner organizations of WIPO.
- Joint WIPO/ Association industrielle africaine (AIA)/ Union économique et monétaire ouest africaine (UEMOA) operational seminar on the fight against counterfeiting and fraud in the UEMOA region, Ouagadougou, November 28-30, 2005.
- Saint Vincent and the Grenadines: WIPO Workshop on the Enforcement of Intellectual Property Rights for Police and Customs Officers, Kingstown, November 7 and 8, 2005;
- Barbados: WIPO Workshop on the Enforcement of Intellectual Property Rights for Police and Customs Officers, Bridgetown, November 10 and 11, 2005;
- Antigua and Barbuda: WIPO Workshop on the Enforcement of Intellectual Property Rights for Police and Customs Officers, Saint Johns, November 14 and 15, 2005;
- Jamaica: WIPO Workshop on the Enforcement of Intellectual Property Rights for Police and Customs Officers, Kingston, November 17 and 18, 2005.
- WIPO / FIT Japan Regional Training Course on the Enforcement of Intellectual Property Rights, Tokyo, October 11-21, 2005;
- WIPO / Japan Copyright Office (JCO) Special Training Course on the Enforcement of Copyright and Related Rights, Tokyo, November 14-25, 2005.
- WIPO National Workshop on the Enforcement of Intellectual Property Rights, Maputo, November
21-23, 2005, see
- WIPO-CISAC Joint Regional Colloquium for the Judiciary on Copyright and Related Rights, November 14-15, 2005.
- Second WIPO Colloquium for Romanian Judges, organized in cooperation with the European Patent Academy and the Swiss Federal Institute of Intellectual Property, Geneva/Munich/Berne, October 17-28, 2005;
- Colloquium on IP for Judges from Sudan, Geneva, December 5-9, 2005.
COOPERATION WITH THE FEDERAL SERVICE FOR INTELLECTUAL PROPERTY, PATENTS AND TRADEMARKS OF THE RUSSIAN FEDERATION (ROSPATENT)
Under the recently concluded Memorandum of Understanding between WIPO and ROSPATENT (see July-September news), a Russian Delegation undertook a study visit to WIPO from December 12-15, 2005. The discussions focused, in particular, on the development of an IP enforcement website with the assistance of WIPO, and the possibility to jointly organize a regional meeting on combating counterfeiting and piracy under the Global Congress heading in Moscow or St. Petersburg in late June or early September 2006, possibly back to back with a G-8 Anti-piracy Expert Group meeting.
G8 EXPERT-GROUP MEETING ON COMBATING PIRACY AND COUNTERFEITING
On October 12, 2005, WIPO participated as an observer in the first G-8 Expert Group Meeting in London. Following the Summit Declaration adopted at Gleneagles in July 2005, the participants discussed various strategies on how to reduce piracy and counterfeiting, including the proposal by the Japanese Government on the preparation and conclusion of a new international Treaty on the Non-proliferation of Counterfeit and Pirated Goods. Some further information is available at http://www.patent.gov.uk/eupresidency2005/relevantinfo.htm
COOPERATION WITH THE WORLD CUSTOMS ORGANIZATION (WCO): IPR TASK FORCE /IPR STRATEGIC GROUP
Inspired by the G-8 Declaration on Combating Piracy and Counterfeiting, and the above G-8 Expert Group Meeting on the same subject, WCO organized a First Task Force Meeting on IPR Protection on October 27 and 28, 2005, at its headquarters in Brussels, in which WIPO had been invited to participate. The meeting examined the overall approach to future IP enforcement strategies, and identified potential main pillars and technical aspects in that respect. Particular emphasis was put on legislative and procedural aspects, and WCO revealed its plan to devise a framework of standards in the field of IP border measures. Further information is available at http://www.wcoomd.org/ie/en/en.html
In addition, WIPO participated in the WCO IPR Strategic Group Executive Committee/Plenary meeting, on November 30 and December 1, 2005, where the program and recommendations for 2006 were discussed, as well as the Groups terms of reference for its future work in light of the establishment of the above WCO IPR Task Force. For more information see http://www.wcoipr.org/wcoipr/Menu_WCOIPRMeetings.htm
WTO TRIPS COUNCIL: EXTENSION OF THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT FOR LEAST-DEVELOPED COUNTRY MEMBERS
Following a decision by the Council for TRIPS on 29 November 2005, least-developed countries have been given an extension until July 1, 2013 to comply with the provisions of the TRIPS Agreement, with the exception of Articles 3, 4 and 5. All LDC Members have been invited to provide to the Council for TRIPS, preferably by 1 January 2008, as much information as possible on their individual priority needs for technical and financial cooperation in order to assist them taking the necessary steps to implement the TRIPS Agreement. The text of the Council decision as well as the WTO press release is available at http://www.wto.org/english/news_e/pres05_e/pr424_e.htm
JAPAN: SURVEY REPORT ON ECONOMIC LOSSES CAUSED BY COUNTERFEITING
In October 2005, the Japanese Patent Office (JPO) made available on its website the findings of its most recent annual survey (FY 2004) among Japanese businesses on the damages arising from counterfeiting, also assessing related issues such as the quality or the price of counterfeit goods, and the mode of manufacture and distribution of these products. The detailed survey report is available at http://www.jpo.go.jp/rireki_e/index.htm
SWITZERLAND: ANTI-COUNTERFEITING AND PIRACY PLATFORM
In November 2005, the Swiss Federal Institute for Intellectual Property together with representatives from industry officially launched a new platform, aiming to improve and ensure coordination between industry and government, inter alia by creating public and private focal points, each acting as liaison for the respective sectors. In addition, the initiative focuses on information exchange, awareness-building and training. For more information see http://www.ige.ch/E/jurinfo/documents/j10718e.pdf
EU CUSTOMS: COMMUNICATION ON LATEST TRENDS IN COUNTERFEITING AND PIRACY AND A PROPOSED ACTION PLAN
On October 11, 2005, the European Commission presented a Communication to the Council, the European Parliament and the European Economic and Social Committee which, based on an analysis of the latest European-wide customs experience, assesses the present picture on the flow of fakes in international trade. The document also proposes a package of measures to be taken at customs level in order to strengthen protection in the Union against counterfeiting and piracy. The proposed action, to be implemented in 2005 and 2006, includes an assessment of the internal regulatory framework, a new electronic system for the exchange of information, the strengthening of the customs/business partnership and a reinforced international and bilateral cooperation in this field.
- The text of the Communication is available at http://www.europa.eu.int/comm/taxation_customs/resources/documents/COMM_NATIVE_COM_2005_0479_3_en_ACTE.pdf
- Press release at http://europa.eu.int/rapid/pressReleasesAction.do?reference=IP/05/1247&format=HTML&aged=0&language=EN&guiLanguage=EN
INTERNATIONAL CHAMBER OF COMMERCE (ICC): NEW PUBLICATION
ICC, in connection with its recently formed Business Action to Stop Counterfeiting and Piracy (BASCAP), announced it is developing a series of publications to provide up-to-date information to stakeholders across sectors and borders relating to intellectual property theft. The first set of information, entitled Intellectual Property: Source of innovation, creativity, growth and progress and setting out details of both the economic potential of intellectual property and the adverse effect of counterfeiting and piracy, and suggesting a range of measures to be taken at the government level, is available. See http://www.ccapcongress.net/Files/BASCAP_IP_Source%20of%20Innovation-Creativity-Growth%20and%20Progress.pdf
BUSINESS SOFTWARE ALLIANCE (BSA) / INTERNATIONAL DATA CORPORATION (IDC) STUDY: GLOBAL ECONOMIC GAINS FROM REDUCING SOFTWARE PIRACY
On December 8, 2005, BSA/IDC presented a new study which assesses the economic benefits of reducing software piracy through effective intellectual property law enforcement and improved public education and awareness raising.
- The study is available online at http://www.bsa.org/idcstudy/ .
- BSA press release at http://www.bsa.org/usa/press/newsreleases/IDC-Study-2005.cfm.