Global Dissemination of IP Data Initiative: Terms and Conditions

General terms and conditions

Published on April 28, 2015

The Global Dissemination of IP Data (“the Initiative”) is open to national intellectual property (IP) Offices of all WIPO member states and regional IP Offices whose members are WIPO member states.  Those IP Offices which have not provided their IP data to the International Bureau (IB) are encouraged to join the Initiative.

The Initiative builds upon terms and conditions included in a number of bilateral Memoranda of Understanding (MoUs) on IP data exchange which the IB has concluded with various IP Offices.  Furthermore, the Initiative now introduces the option to participate in the new bulk data services facility to enhance multilateral IP data dissemination.  For those IP Offices which have already agreed to provide their IP data to Global Databases, the IB would also encourage them to participate in this Initiative.

An IP Office wishing to participate in the Initiative is invited to send a notification to the Director General of WIPO.  The notification should be made at least six weeks before the expected date of commencement of participation.

The notification of participation will constitute acceptance of the general terms and conditions set out in this document.  The notification of participation may specify any additional conditions required by the participating IP Office to meet national policy or legal obligations.

The participation is free of charge.

Global Databases

Participating IP Offices provide the IB with one or several of the following data collections for Global Databases free of charge:

  • data of published national/regional patents and patent applications filed with the IP Office including all available back-file data to the extent available;
  •  data of Patent Cooperation Treaty (PCT) applications, entering the national phase and filed with the IP Office and to the extent possible, the translations into the national language of PCT international applications, as foreseen in Rule 95 of the PCT Regulations
  • data of national trademarks registered at the IP Office including all available back-file data to the extent available;  
  • data of published industrial design applications filed with the IP Office including all available back-file data to the extent available.  

The above data shall be provided in digital form in a mutually acceptable format.  Recommended data content and format are specified below.

Participating IP Offices agree to allow the IB to reformat or reproduce the data so that such data is compatible for inclusion and use in connection with the functioning and operation of Global Databases, making IP data searchable and retrievable, but not available for bulk download.

The IB publishes specific terms and conditions for the use of Global Databases on the WIPO web site.

New bulk data services facility  

The IB will provide a new bulk data services facility which, at the option of the participating IP Office, allows for bulk dissemination of IP data (one, several or all of Global Databases) to other participating IP Offices free of charge.  

The IB will also make IP data available to parties other than participating IP Offices (non-participating Offices, commercial and non-commercial entities, and the general public) who register as subscribers.  A nominal subscription fee (no more than 100 Swiss Francs per year) will be charged to subscribers.  The fees will be used to partly recover the cost of this service and to ensure the integrity of the services1.

Any participating IP Office willing to participate in the bulk data services facility is kindly requested to indicate those data sets to be included in the facility and any additional access restrictions at the time of notification of participation.  Any subsequent modifications should be notified to the Director General.  The IB will make any necessary arrangements to ensure respect for such conditions.  Participating IP Offices and subscribers which take copies of such data under conditional access will be required to respect any such conditions on dissemination.

The IB publishes specific terms and conditions for the use of the bulk data services facility on the WIPO web site.

Contribution of the IB

The IB provides Global Databases and the bulk data services facility with global IP data generated by the IB, such as IP data relating to International Applications under PCT, International Registrations of Trademarks under the Madrid system, and international registrations of Industrial Designs under the Hague system.  This includes machine-readable full text data of PCT international publications which the IB creates from paper or image-format documents.

The IB also includes in Global Databases and in the bulk data services facility the national and regional IP data collections which have been created as a result of WIPO’s technical assistance for digitizing national data of certain IP Offices, including full-text data, in consultation with the data-source IP Office.

The IP data provided by the IB included in the Global Databases and in the bulk data services facility will be available for use and for dissemination under the same conditions as specified above.

Participating IP Offices may create added value data and derivative products from the facility of bulk data services.  Added value data may include standardized bibliographic data, classification data, citation data, full text data and other modifications intended to enhance the value and usability of the data.  Participating IP Offices are invited to deposit such added value data in the facility for use and dissemination under the same conditions as specified above.

Miscellaneous

The IB shall not be held liable for any or all uses of the data contained in these databases, or any part thereof, that may affect or violate any patent, trademark, copyright, trade secret, other intellectual property right or any legal right of any third party.

Any participating IP Office wishing to modify or withdraw its participation should notify the Director General at least six weeks in advance of the anticipated date.

The IB is not responsible for the quality, completeness and integrity of any national/regional data provided by participating IP Offices.

Any dispute, controversy or claim arising out of or relating to this Agreement shall be resolved by negotiation in good faith between the parties.

The Director General may modify these Terms and Conditions at any time.  Any revised Terms and Conditions will be posted on the WIPO web site and participating IP Offices will be notified three months prior to the implementation of the new Terms and Conditions.

  1. Effective as of February 2016