World Intellectual Property Organization

WIPO BUILDING RESPECT FOR IP NEWSLETTER: JULY 2011

I. SELECTED WIPO ACTIVITIES

WORLD INTELLECTUAL PROPERTY DAY

World Intellectual Property Day on April 26 celebrated the role of design in the market place, in society and in shaping the innovations of the future. Francis Gurry, Director General of WIPO, inter alia highlighted in his message to the World Intellectual Property Day that design serves as one of the principal means to differentiate a range of mass produced household and consumer items, e.g. chairs and tables, for which the technological possibilities for development have been exhausted. The World Intellectual Property Day has been initiated by WIPO Member States in 2000 and is celebrated annually on April 26, the date on which the Convention establishing WIPO entered into force in 1970. 

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WIPO ACTIVITIES IN THE FIELD OF IP ENFORCEMENT

In response to requests from Member States and partner organizations, WIPO continued over the past months to organize, assist and participate in a series of national and regional workshops, training courses, conferences and consultations on intellectual property. Those events included the following:

  • Paraguay: WIPO-USPTO Sub-Regional Workshop on Enforcement of Intellectual Property Rights, Ciudad del Este, June 15-16, 2011;
  • Romania:  WIPO Sub-Regional Workshop on the Enforcement of Intellectual Property Rights for Customs Authorities, Police Officials, Prosecutors and Judiciary, Sibiu, June 8-10, 2011;
  • Burundi: WIPO Regional Workshop for Countries of the East African Community (EAC) on the Social and Economic Consequences of Counterfeiting and Infringements of Other Intellectual Property Rights, Bujumbura, May 23-25, 2011;
  • Hungary: International Conference on Global and European Initiatives for Sharing Work Between Intellectual Property Authorities, Budapest, May 17-18, 2011;
  • USA: WIPO-USPTO Workshop on Enforcement of Intellectual Property Rights, Washington, May 2-6, 2011;
  • Algeria:  National seminar on Intellectual Property Rights and Enforcement, Algiers, April 21, 2011;
  • WIPO: Study visit of a group of five Lebanese diplomats, April 11-14, 2011;
  • Spain: 11th International Trademark Conference, Alicante, April 7-8, 2011;
  • Tajikistan: WIPO National Workshop on IPR Enforcement for Judges, in cooperation with the National Center for Patents and Information (NCPI), Dushanbe, April 6-7, 2011;
  • Belgium:  INTA-GRUR Seminar: Are Trademark Rights under Pressure? Brussels, March 1, 2011

  A regular update on WIPO’s training and awareness-raising activities in the field of IP enforcement is made available on the WIPO Enforcement website

II. COOPERATION WITH INTERGOVERNMENTAL AND NON–GOVERNMENTAL ORGANIZATIONS

COOPERATION WITH THE UNITED NATIONS ENVIRONMENTAL PROGRAMME

WIPO participated in a Summit with the Private Sector on Trade in Ozone Depleting Substances, which was organized by the United Nations Environment Programme (UNEP) and the Environment Investigation Agency (EIA), June 15-17, 2011. In the meeting, WIPO shared its experiences in the eco-friendly disposal of IP infringing goods, in the field of legal, strategic and technical assistance to developing countries to combat trade in IP infringing goods and in WIPO’s engagement in advocating public/private cooperation in the interest of effective enforcement of IP rights. For additional information, please consult: http://www.unep.org/ozonaction/

COOPERATION WITH THE WORLD CUSTOMS ORGANIZATION (WCO): COUNTERFEITING & PIRACY GROUP (CAP)

WIPO has continued its cooperation with the WCO and participated in the fourth meeting of the WCO Counterfeiting and Piracy Group (CAP) that took place in Brussels, April 18-19, 2011. The meeting focused on discussing and sharing experiences in combating counterfeiting and piracy. As Chair of the 6th Global Congress on Combating Counterfeiting and Piracy, WIPO gave a presentation on the outcomes of the Congress. For additional information, please consult: http://www.wcoomd.org/home_epoverviewboxes_valelearningoncustomsvaluation_epipr.htm

COOPERATION WITH THE EUROPEAN COMMISSION: EC-WIPO PROJECT FOR THE MODERNIZATION OF THE IP SYSTEM IN BANGLADESH

WIPO has continued its cooperation with the European Commission in the project for the modernization of the IP System in Bangladesh and participated in a “Roundtable on a structured enforcement approach in the private sector” and a “Roundtable to consolidate and formalize a strategic enforcement approach”. The roundtable discussions took place in Bangladesh, April 17-18, 2011. For general information on the project, please see the press release: http://www.wipo.int/pressroom/en/articles/2008/article_0056.html

COOPERATION WITH THE UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE (UNECE): SUB-REGIONAL CAPACITY-BUILDING CONFERENCE ON THE COMMERCIALIZATION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

WIPO participated in the Sub-Regional Capacity Building Conference on the Commercialization and Enforcement of Intellectual Property Rights in Belgrade, April 12-13, 2011 and therewith continued its cooperation with the UNECE. The Conference was organized by UNECE in cooperation with the Serbian Intellectual Property Office and hosted by the Serbian Chamber of Commerce. For more information, please consult: http://live.unece.org/ceci/documents/2011/ipr/capacity_building1.html

COOPERATION WITH THE WORLD CUSTOMS ORGANIZATION (WCO): WCO ENFORCEMENT COMMITTEE

WIPO participated in the 30th Session of the WCO Enforcement Committee in Brussels, March 23, 2011. WIPO delivered a keynote address on the outcome of the 6th Global Congress on Combating Counterfeiting and Piracy. For additional information on the enforcement committee, please consult: http://www.wcoomd.org/valelearningoncustomsvaluation_commitstructenforcemnt.htm

III. LINKS

COLOMBIA: LEGISLATIVE INITIATIVE ON THE ENFORCEMENT OF COPYRIGHT AND RELATED RIGHTS

The Copyright Office of Colombia has informed that a new initiative intended to regulate the enforcement of copyright and related rights is in the course of a legislative process. The initiative seeks to delimit the responsibility of the Internet service providers in cases of copyright infringements, and establishes remedies available to right holders in cases of copyright violations. The draft text (in Spanish) is available here: http://www.derechodeautor.gov.co/htm/Eventos/TEXTO%20PROYECTO%20DE%20LEY%20REGULACION%20INFRACCIONES%20AL%20DERECHO%20DE%20AUTOR%20POR%20INTERNET.pdf

CHILE: LAUNCHING OF A NEW AWARENESS RAISING CAMPAIGN

The National Institute of Industrial Property (INAPI), along with enforcement agencies such as the Investigations Police, the Customs National Office, and the Public Security Division of the Ministry of Interior Affairs, presented its campaign “Protect your idea, protect your creation.” The campaign aims at raising awareness on the importance of the protection of IP rights and provides information to the public on how to enforce these rights. For further information (in Spanish) please consult:
http://www.inapi.cl/index.php?option=com_content&view=article&id=317%3A14042011-presentan-campana-para-fomentar-las-herramientas-de-proteccion-de-la-propiedad-intelectual-en-chile-&catid=3%3Adestacadas&lang=es

EUROPEAN COMMISSION: PUBLIC HEARING ON DIRECTIVE 2004/48/EC

A public hearing, organized by DG Internal Market and Services with support from the European Economic and Social Committee, took place June 7, 2011. The public hearing was organized in the framework of the public consultation that followed the publication of the Commission’s Report on the application of Directive 2004/48/EC. For more information, please consult: http://ec.europa.eu/internal_market/iprenforcement/conferences_en.htm

EUROPEAN COMMISSION: IPR STRATEGY SETTING OUT SEVERAL KEY POLICY ACTIONS IN VARIOUS AREAS

The European Commission has set out its new IPR strategy on May 24, 2011. According to the Commission’s press release, the “new rules will strike the right balance between promoting creation and innovation, in part by ensuring reward and investments for creators and, on the other hand, promoting the widest possible access to goods and services protected by IPR.”

One of the strategy’s key policy actions with regard to IPR violations is the reinforcement of the European Observatory on Counterfeiting and Piracy by entrusting its tasks to the Office for Harmonisation in the Internal Market (OHIM). The proposal for a Regulation “on entrusting [OHIM] with certain tasks related to the protection of intellectual property rights, including the assembling of public and private sector representatives as a European Observatory on Counterfeiting and Piracy” is available here: http://ec.europa.eu/internal_market/iprenforcement/docs/observatory/com_2011_288_en.pdf

The Commission has also proposed a new customs regulation in order to further reinforce the legal framework for customs’ actions. To strengthen enforcement, the new customs regulation has a broader scope than Regulation (EC) No 1383/2003. Moreover, a specific procedure to tackle trade in small consignments of counterfeit and pirated goods is proposed. The text of the proposal and additional information are available here: http://ec.europa.eu/taxation_customs/customs/customs_controls/counterfeit_piracy/legislation/index_en.htm

For further information on the European Commission’s IPR Strategy, please consult the press release that provides links to the respective documents: http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/630&format=HTML&aged=0&language=en&guiLanguage=en

EUROPEAN COMMISSION: SALE OF COUNTERFEIT GOODS OVER THE INTERNET

On May 4, 2011, the EU Commission hosted the signing of a Memorandum of Understanding (MoU) on the Sale of Counterfeit Goods over the internet. The MoU was signed by major internet platforms as well as by right holders from a variety of sectors and aims at striking a fair balance between the interests of the parties concerned. It is seen as a first pragmatic step to strengthen the fight against counterfeiting and piracy on the internet. For more information, please consult: http://ec.europa.eu/internal_market/iprenforcement/stakeholders_dialogues_en.htm#Illegal

EUROPEAN COMMISSION: COMMENTS ON THE “OPINION OF EUROPEAN ACADEMICS ON THE ANTI-COUNTERFEITING TRADE AGREEMENT”

The Commission Services issued its comments on the “Opinion of European Academics on the Anti-Counterfeiting Trade Agreement” on April 27, 2011, reiterating that ACTA is fully compatible with relevant EU law and the EU acquis and that it will not lead to different interpretations or implementation of current EU legislation. The Commission Services’ comments are available here: http://trade.ec.europa.eu/doclib/docs/2011/april/tradoc_147853.pdf

INTERNATIONAL CENTER FOR TRADE AND SUSTAINABLE DEVELOPMENT (ICTSD): POLICY BRIEF “MEANINGFUL TECHNOLOGY TRANSFER TO THE LDCS: A PROPOSAL FOR A MONITORING MECHANISM FOR TRIPS ARTICLE 66.2

The ICTSD published a new policy brief on May 13, 2011 that revisits whether the TRIPS Agreement can be implemented in a manner conducive to technology transfer and revises the implementation of obligations under Article 66.2 of the TRIPS Agreement. In addition, the policy brief outlines a proposal of a monitoring mechanism to improve the effectiveness of Article 66.2 of the TRIPS Agreement. The policy brief can be consulted here: http://ictsd.org/i/publications/106434/

MEXICO: AWARENESS RAISING AMONG CHILDREN

The Ministry of Education incorporated in text books for children a section that is devoted to create awareness on the importance of the protection of intellectual property and on the threat emanating from copyright piracy. The text books are distributed among three million students of fifth grade of elementary school on a yearly basis and at no cost. Said section of the book (in Spanish) can be consulted here: http://www.indautor.sep.gob.mx/noticias/documentos/libros_texto.pdf

USA: 20 RECOMMENDATIONS TO IMPROVE INTELLECTUAL PROPERTY ENFORCEMENT

On March 15, 2011, the Obama-Biden Administration issued 20 legislative recommendations to the Congress to improve intellectual property enforcement. The recommendations are based on a review of existing laws scrutinizing their effectiveness and identifying deficiencies that might hinder enforcement. The Administration’s White Paper suggests six legislative changes to particularly fight counterfeit drugs. The recommendations inter alia suggest to increase criminal penalties for counterfeit drug offenses and to provide enforcement agencies with further tools to combat intellectual property infringement more effectively. Further information is available at: http://www.whitehouse.gov/blog/2011/03/15/concrete-steps-congress-can-take-protect-americas-intellectual-property

UNITED STATES INTERNATIONAL TRADE COMMISSION: CHINA: EFFECTS OF INTELLECTUAL PROPERTY INFRINGEMENT AND INDIGENOUS INNOVATION POLICY ON THE U.S.

On May 18, 2011, the U.S. International Trade Commission (USITC) released the second of two reports on IPR infringement and indigenous innovation in China and their effects on the U.S. economy and employment. Responding to the USITC survey, many U.S. firms reported lost sales, profits, license and royalty fees, damaged brand names and product reputation resulting from IPR infringement in China. The Commission’s report provides an estimate of size and scope of reported Chinese IPR infringement and a quantitative analysis of the effect of the infringements in China on the U.S. economy and its sectors. In addition, it assesses the effects of China’s indigenous innovation policies on the U.S. economy and employment. The full report is available here: http://www.usitc.gov/publications/332/pub4226.pdf

64TH WHA: WHO WORKING GROUP ON “SUBSTANDARD/SPURIOUS/FALSELY-LABELLED/FALSIFIED/COUNTERFEIT” MEDICAL PRODUCTS

In the course of the 64th World Health Assembly (WHA) from May 16-24, 2011, the Chairman of the working group on substandard/spurious/falsely-labelled/falsified/counterfeit medical products reported on the working group’s ongoing discussions. The WHA inter alia decided that the working group should continue and swiftly resume its work following the 64th WHA. It should then report on its work to the 65th WHA. The report of the meeting is available here: http://apps.who.int/gb/ebwha/pdf_files/WHA64/A64_JOUR7-en.pdf

 

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