I. SELECTED WIPO ACTIVITIES
SEVENTH SESSION OF THE ADVISORY COMMITTEE ON ENFORCEMENT
The seventh session of the Advisory Committee on Enforcement (ACE) took place on November 30 and December 1, 2011. The Committee continued to discuss the work program that was agreed upon in the sixth session of the ACE:
- Analysis of reasons that fuel counterfeiting and piracy, taking into account social, economic and technological variables and different levels of development;
- Targeted studies with a view to developing analytical methodologies that measure the social, economic and commercial impact of counterfeiting and piracy on societies;
- Analysis of various efforts and alternative models from a socio-economic welfare perspective to address the counterfeiting and piracy challenges.
Several speakers were invited to make presentations related to the work program; documentation is available here: http://www.wipo.int/meetings/en/details.jsp?meeting_id=22170.
INAUGURATION OF NEW WIPO BUILDING
The new WIPO administrative building, designed by award-winning Behnisch Architekten of Stuttgart, Germany, was inaugurated on September 26, 2011. High level-members of the Geneva and Swiss government, and the international intellectual property (IP) community participated in the celebrations that were joined by Barbara Hendricks, one of the world’s leading opera singers. At this occasion, Ms. Hendricks performed, accompanied by the internationally renowned pianist Love Derwinger, Manuel de Fallas “Siete Canciones Populares Españolas”. Please consult the press release for further information: http://www.wipo.int/pressroom/en/articles/2011/article_0023.html.
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 in the area of Building Respect for IP. Those events included the following:
- Japan: Advanced Training Course on the Enforcement of Intellectual Property Rights, Tokyo, December 12-16, 2011;
- Morocco: Regional Workshop on the Dangers of Counterfeit Goods to Public Health, Casablanca, December 5-7, 2011;
- Gabon: International Conference on Global and European Initiatives for Sharing Work Between Intellectual Property Authorities, Budapest, May 17-18, 2011;
- Kenya: Regional Workshop on the Dangers of Counterfeit Goods to Public Health, Mombasa, November 1-3, 2011;
- Philippines: National seminar on Intellectual Property Rights and Enforcement, Algiers, April 21, 2011;
- Indonesia: WIPO National Workshop on the Enforcement of IP Rights, Jakarta, September 15-16, 2011;
- Cambodia: WIPO National Workshop on the Enforcement of IP Rights, Phnom Penh, September 12-13, 2011;
- Poland: Symposium on IP in Innovative Economy, Krakow, September 9, 2011;
- Serbia: INTA-GRUR Seminar: Are Trademark Rights under Pressure? Brussels, March 1, 2011
- El Salvador: WIPO National Workshop on the Enforcement of IP Rights, San Salvador, September 5-7, 2011;
- South Africa: International Intellectual Property Law Conference, Stellenbosch, September 1-2, 2011;
- Guatemala: WIPO Central American Forum on the Enforcement of IP Rights for the Judiciary, Guatemala City, August 25-26, 2011;
- Sudan: WIPO National Workshop on the Enforcement of IP Rights, Khartoum, July 26-27, 2011.
Furthermore, briefing sessions on IP enforcement were conducted for delegations from, inter alia, Pakistan, Bangladesh, and St. Kitts and Nevis. 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 at http://www.wipo.int/enforcement/en/activities/ . In addition, a more detailed report on the conducted activities will be made available for the eighth session of the ACE.
II. COOPERATION WITH INTERGOVERNMENTAL AND NON–GOVERNMENTAL ORGANIZATIONS
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, October 25 and 26, 2011. The meeting focused on discussing and sharing experiences and practices regarding capacity building activities and tools; it also considered case studies and new trends that have been identified by member customs administrations pertaining to counterfeiting and piracy. For additional information, please consult: http://www.wcoomd.org/home_cboverviewboxes_valelearningoncustomsvaluation_epipr.htm .
COOPERATION WITH INTERPOL: FIFTH INTERNATIONAL LAW ENFORCEMENT IP CRIME CONFERENCE
WIPO participated in the fifth International Law Enforcement Intellectual Property Crime Conference that was co-hosted by INTERPOL, Europol and the Spanish National Police, in partnership with Underwriters Laboratories. The conference took place in Madrid, September 20-22, 2011. Agenda topics were, inter alia, “Training and Capacity Building: Integrated training and operations”; “Combating Illicit Internet Activities – Strategies that work”; “Integrated Enforcement Strategies: Making it happen at a global level”; and “Public Private Partnerships: How can we do better?” WIPO gave a presentation on this topic, with a focus on how to enhance public-private partnerships in the field of IP enforcement within the framework of Strategic Goal VI. For additional information, please consult the press release: http://www.interpol.int/en/Internet/News-and-media/News-media-releases/2011/PR076
COOPERATION WITH THE CONFERENCE OF THE STATES PARTIES TO THE UN CONVENTION AGAINST CORRUPTION: FIFTH MEETING OF THE OPEN-ENDED INTERGOVERNMENTAL WORKING GROUP ON ASSET RECOVERY
WIPO attended as observer the fifth meeting of the Open-ended Intergovernmental Working Group on Asset Recovery in Vienna, August 25-26, 2011. In the framework of the meeting, a progress report with regard to the implementation of recommendations (inter alia developing cumulative knowledge; building confidence and trust between requesting and requested states; and technical assistance, training and capacity-building) of the working group was presented, and a multi-year work plan covering the years 2011-2015 was proposed. The meeting provided a useful insight with a view to the work program of the seventh session of the ACE, in particular pertaining to the “Analysis of various efforts and alternative models from a socio-economic welfare perspective to address the counterfeiting and piracy challenges”. Additional information is available here: http://www.unodc.org/unodc/en/treaties/CAC/working-group2.html
COOPERATION WITH THE PRIVATE SECTOR: INTELLECTUAL PROPERTY RIGHTS (IPR) BUSINESS PARTNERSHIP GROUP STRATEGIC MEETING
WIPO has continued its cooperation with the IPR Business Partnership Group and participated in the Group’s strategic meeting in Verona, October 31, 2011. WIPO used this occasion to report on recent activities and research projects in certain countries in Europe and Asia related to IP enforcement in the framework of building respect for IP. For additional information on the IPR Business Group, please consult: http://www.react.org/ipr-business-partnership
COLOMBIA: AWARENESS RAISING CAMPAIGN
In the framework of the “Antipiracy Agreement for Colombia” (Convenio Antipiratería para Colombia), a public sector initiative that was joined by the private sector from the very beginning, a series of educational broadcasts was launched with the objective to generate awareness of the importance of respecting IP rights. The different broadcasts (in Spanish) can be seen at: http://www.convenioantipirateria.org.co/
EU: SPEECH OF THE EUROPEAN COMMISSIONER FOR TRADE AT THE CONFERENCE ON INTELLECTUAL PROPERTY CAPTURED – WHICH COURSE TO TAKE AGAINST COUNTERFEITERS?
Mr. Karel De Gucht, European Commissioner for Trade, held a speech on “International Trade and Intellectual Property Rights” at the “Conference on Intellectual Property Captured – Which Course to take against Counterfeiters?” that took place in Brussels, September 7, 2011. The speech provided an overview of the IPR policy within the European Union (EU), in particular with a view to legislative initiatives and other activities to improve IPR protection and enforcement. Mr. De Gucht also addressed two critical areas that are of particular relevance to the future work of the EU in the field of IP, i.e. IP and the Internet and the development dimension of IP. The full speech is available here: http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/11/560&type=HTML
EU: ANNUAL REPORT ON EU CUSTOMS ENFORCEMENT OF IP RIGHTS
On July 14, 2011, the European Commission published the annual report on EU customs enforcement of IP rights. The report informs on the type, origin and transport method of IPR infringing products that were stopped at the EU’s external borders. In addition, statistics on the value of the goods detained are provided. According to the report, more than 103 million products suspected of violating IP rights were seized in 2010. For further information, please consult the press release: http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/882&format=HTML&aged=0&language=en&guiLanguage=en .
The full report is available here: http://ec.europa.eu/taxation_customs/resources/documents/customs/customs_controls/counterfeit_piracy/statistics/statistics_2010.pdf
SPAIN: REPORT ON SEIZED COUNTERFEIT AND PIRATED GOODS
The Ministry of Interior, jointly with other government ministries and the private sector, released a report on counterfeit trademark and pirated copyright goods seized by enforcement agencies in 2010. The report covers inter alia the nature of the goods seized and the consequences of trade in illicit goods for consumers, as well as the public and private sectors. The press release and the report (in Spanish) can be consulted at: http://www.oepm.es/es/sobre_oepm/notas_de_prensa/2011/2011_07_26_Balance_sobre_propiedad_industrial_intelectual_2010.html
ACTA: SIGNING OF THE ANTI-COUNTERFEITING TRADE AGREEMENT
Three years after the launch of formal negotiations in June 2008, eight negotiating partners signed the Anti-Counterfeiting Trade Agreement (ACTA) on October 1, 2011 in Tokyo, Japan. The signatory parties were the USA, Australia, Canada, Korea, Japan, New Zealand, Morocco, and Singapore. The EU, Mexico and Switzerland also participated in the ceremony. For further information, please consult: http://www.invest.gov.ma/?Id=39&lang=en&RefCat=5&Ref=166&nb_aff=10; http://www.ustr.gov/acta
The final text of the agreement can be found here: http://www.mofa.go.jp/policy/economy/i_property/pdfs/acta1105_en.pdf.
FAKES PROJECT: FIGHTING AGAINST BRAND COUNTERFEITING IN THREE KEY EUROPEAN MEMBER STATES
An extensive research project on the current state of IP crime investigation and prosecution has been carried out in all EU Member States, with a specific focus on Poland, Czech Republic, and Romania. The project, officially called “FAKES Project”, was implemented by Transcrime in cooperation with UN Interregional Crime and Justice Research Institute (UNICRI) and the Global Anti-Counterfeiting Network (GACG) (www.gacg.org). It was financially supported by the European Commission’s Prevention and Fight against Crime Program. The research material can be accessed here: http://transcrime.cs.unitn.it/tc/890.php
ICTSD: THE INFLUENCE OF PREFERENTIAL TRADE AGREEMENTS ON THE IMPLEMENTATION OF INTELLECTUAL PROPERTY RIGHTS IN DEVELOPING COUNTRIES
On November 21, 2011, the International Centre for Trade and Sustainable Development (ICTSD) published an issue paper that analyzes how Preferential Trade Agreements (PTAs) have influenced IP regimes in developing countries. The paper also highlights the challenges developing countries face in implementing the IP obligations in PTAs. The paper can be downloaded here: http://ictsd.org/i/publications/119059/
THE GRADUATE INSTITUTE OF INTERNATIONAL AND DEVELOPMENT STUDIES: FIFTH HIGH-LEVEL SYMPOSIUM ON GLOBAL HEALTH DIPLOMACY
On November 23, 2011, the Graduate Institute, Global Health Program, organized the fifth High-Level Symposium on Global Health Diplomacy “10 Years after the Doha Declaration: The future agenda at the interface of Public Health, Innovation and Trade: An outlook on the next ten years”. Under the auspices of Ruth Dreifuss, former chairperson of the WHO Commission on Intellectual Property Rights, Innovation and Public Health (CIPIH), Directors General of WHO, WIPO and WTO as well as prominent speakers from governments, academia, international organizations, non-governmental organizations, and the private sector engaged in a dialogue on critical issues and new developments in global health. Further information on the symposium is available here: http://www.graduateinstitute.ch/Jahia/site/globalhealth/cache/offonce/home/pid/11100;jsessionid=54070F1F5708D12EA79B4537BA7DEDB8
STELLENBOSCH UNIVERSITY: INTERNATIONAL INTELLECTUAL PROPERTY LAW CONFERENCE
To highlight the establishment of the Anton Mostert Chair of Intellectual Property, the University of Stellenbosch organized an International Intellectual Property Law Conference on 1 and 2 September, 2011. The conference covered various topics related to IPR, such as the conflict between IPR and human rights, major international developments pertaining to IPR, and the status of African IP law and practice. WIPO was invited to speak about the “Enforcement of Intellectual Property Rights in the Framework of WIPO’s Strategic Goal for Building Respect for IP”. Further information on the conference is available here: http://academic.sun.ac.za/ipconference/International_Intellectual_Property_Conference_2011/Index.html
In addition, the World Trademark Review referred to the conference in its blog: http://www.worldtrademarkreview.com/daily/Detail.aspx?g=9600d7db-d112-4d6c-80fc-f9ec90e4e135
WHO: WORKING GROUP ON “SUBSTANDARD/SPURIOUS/FALSELY-LABELLED/FALSIFIED/COUNTERFEIT” MEDICAL PRODUCTS
The Working Group of Member States on Substandard/Spurious/Falsely Labelled/Falsified/Counterfeit (SSFFC) Medical Products met in Geneva from October 25-28, 2011. Several subjects, inter alia WHO’s role in measures to ensure the availability of good quality, safe, efficacious and affordable medical products, were discussed in the course of the deliberations. Documentation on the meeting is available here: http://apps.who.int/gb/ssffc/e/ssffc_wg2.html