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Member States Wrap up Annual Assemblies

Geneva, September 29, 1999
Press Releases PR/1999/192

The member States of the World Intellectual Property Organization (WIPO) wrapped up on Wednesday their annual Assemblies with the adoption of a final report endorsing the various decisions taken at the meeting.

The decisions taken by the Assemblies in their meetings from September 20 to 29, 1999 included:

Program and Budget 2000-2001

The member States of the World Intellectual Property Organization (WIPO) approved by consensus the program and budget for the 2000-2001 biennium presented by WIPO Director General, Dr. Kamil Idris. The program and budget for the 2000-2001 biennium proposes a budget of 409.7 million Swiss Francs (CHF). This represents an increase of 8.1 per cent over the 1998-1999 biennium (378.9 million CHF). Projected income for the same time period is 409.8 million CHF as compared to 391.8 million CHF in the previous financial period.

The program and budget proposes an increase of 11.2% in the program allocation for supporting developing countries and countries in transition. WIPO's activities in the development of intellectual property legal standards will increase by 11.3% as compared to the last biennium. The Organization's activities in global protection systems - namely, the Patent Cooperation Treaty (PCT), the Madrid System for the International Registration of Marks, and the Hague System for the International Deposit of Industrial Designs - will increase by 10.1%. Another feature is a reduction in the contributions by member States of 10 per cent below the 1999 level, which is in itself 10 per cent below the 1998 level.

The WIPO Assemblies also approved a proposal to once again lower the fees of the Patent Cooperation Treaty (PCT) by an average of 13 per cent effective January 1, 2000. The cumulative effect of this measure (including two earlier PCT fee reductions in 1998 and 1999) would mean a 29.2 per cent reduction in the cost for an applicant using the PCT.

Program Evaluation

This was the first year that WIPO had presented a document highlighting program performance indicators. The program and budget for the 1998-99 biennium was WIPO's first results-based program and budget. An evaluation of program performance is a crucial element of the transparency and accountability necessary to successfully implement a results-based program and budget. The report on program performance in 1998 used performance indicators to assess the extent to which the expected results had been achieved, or progress made in their achievement. A document presented to the Assemblies identified the main factors that had affected the realization of the objectives of the program, and presented a mid-term assessment of the overall prospects for attaining the program objectives by the end of the biennium.

The delegations of 68 States, four intergovernmental organizations and four international non-governmental organizations made statements on this agenda item. They praised the work of the Secretariat and the results achieved and commended the Secretariat for the program document which permitted member States to evaluate the work of the Organization.

Diplomatic Conference for the Adoption of the Patent Law Treaty

The WIPO Assemblies endorsed the convening of a Diplomatic Conference from May 11 to June 12, 2000, in Geneva, to finalize negotiations towards the adoption of a treaty that would make it easier for inventors around the world to obtain patent protection. A draft Patent Law Treaty (PLT) is ready for negotiations at the Diplomatic Conference. Delegates at the Assemblies spoke in favor of convening the Conference and welcomed the possible adoption of the PLT as a further step in the global harmonization of patent laws.

The rapid pace of technological developments and the globalization of trade has resulted in the need for mechanisms that provide for speedy and cost-effective protection for new inventions. The proposed PLT is designed to streamline and harmonize the administrative requirements set out by national patent offices for the filing of patent applications and the maintenance of patents. These requirements concern issues such as obtaining a filing date, and other administrative requirements relating to an application, including electronic filing, representation of the applicant by others, conditions for extension of time limits and reinstatement of rights and restoration of priority rights. A small number of issues remain open for discussion at the Diplomatic Conference, including the question of exceptions to mandatory representation by qualified individuals of applicants and patent owners in patent application procedures.

 

Guidelines for Well-Known Marks

The member States of the General Assembly of WIPO and of the Assembly of the Paris Union for the Protection of Industrial Property adopted by consensus a joint recommendation, which promises to considerably increase the scope of protection available to owners of well-known marks. The Recommendation was adopted after four years of deliberations by experts from WIPO's member States.

The Recommendation is part of WIPO's policy to adapt to the rapid change in the field of industrial property by considering new options to speed up the development of common internationally harmonized principles and rules. This approach is designed to complement the traditional and more lengthy treaty-based approach to international standard setting. The Recommendation can serve as a set of guidelines for national or regional legislation in that field. These provisions are also useful to administrative or judicial authorities seeking guidance on how to solve specific problems relating to well-known marks (such as the determination of whether a mark is well-known).

The Recommendation is intended to clarify, consolidate and supplement the existing international protection of well-known marks, for example, as established in the Paris Convention for the Protection of Industrial Property. The Recommendation establishes specific criteria for the definition of well-known marks and sets out conditions to determine whether a mark is well-known or not within a member State. It also includes detailed remedies in case of conflicts between well-known marks and other marks, business identifiers and domain names. The latter - the first international governmental normative standard dealing with domain names - states that "a domain name shall be deemed to be in conflict with a well-known mark at least where that domain name, or an essential part thereof, constitutes a reproduction, an imitation, a translation, or a transliteration of the well-known mark, and the domain name has been registered or used in bad faith."

The document adopted by the Assemblies "recommends that each Member State may consider the use of any of the provisions as guidelines for the protection of well-known marks."

Electronic Commerce

The member States welcomed and commended WIPO's work in the area of electronic commerce. They praised the work done in the context of the WIPO Internet Domain Name Process that aimed at curbing the abuse of trademarks on the Internet. Support was expressed for WIPO's dispute resolution recommendations. Appreciation was also voiced for the speed with which the Process had been conducted which demonstrated the Organization's ability to respond to such important issues in a timely manner. WIPO's report and recommendations were formulated over a period of one year following intensive rounds of consultations at an international level.

Delegations welcomed the convening by WIPO of the first International Conference on Electronic Commerce and Intellectual Property that was held in Geneva from September 14 to 16, 1999. The Conference concluded with the presentation by WIPO Director General of a "Digital Agenda" - a nine-point plan outlining the focus of WIPO's program in the field of electronic commerce. Many delegations welcomed the Director General's efforts to broaden participation of developing countries in discussions on electronic commerce.

The discussion concluded with a statement by the Chairman of the Assemblies, Mr. Marino Porzio who noted the support expressed by the delegations for the WIPO Internet Domain Name Process and, in particular, for the expeditious approach that was taken to address the issues, as well as the desire of delegations that the Secretariat continue its work in this area. The WIPO Digital Agenda which was proposed by the Director General was noted by the member States. It received widespread support from the Assemblies.

Cooperation with the World Trade Organization (WTO)

Member States praised the WIPO Secretariat for its positive cooperation with the World Trade Organization (WTO) in assisting developing countries to meet their obligations in relation to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). Under an Agreement concluded between WIPO and WTO in 1995, WIPO agreed to assist developing countries in meeting their TRIPS obligations. Developing countries are required to implement the TRIPS provisions by January 1, 2000.

A number of developing countries thanked WIPO for the technical and legal assistance under WIPO's Cooperation for Development program and urged the Secretariat to continue providing the necessary resources for these activities.

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