2001 Sees Growing Committment to IntellectualProperty Laws
Geneva, January 28, 2002
Press Updates UPD/2002/156
In 2001, the international intellectual property landscape featured significant developments that will offer inventors and creators the world over greater security and broader, more effective means of safeguarding their works in today's highly competitive global marketplace. A marked increase in membership of key treaties by developing countries and economies in transition was observed. Of the sixty four (64) instruments of accession to or ratification of treaties administered by the World Intellectual Property Organization (WIPO), 51% came from developing countries and 44% from countries in transition to a market economy. Five per cent came from developed countries (details below). The level of activity with regard to WIPO-administered treaties in 2001 underlines the growing recognition among policy makers of the key importance of intellectual property rights as a means to boost socio-economic and cultural development.
"In the technology-driven 21st century, effective use of the intellectual property system is the path to economic, social and cultural advancement" said Dr. Kamil Idris, WIPO Director General. "Creativity is common to all nations and effective use of the intellectual property system will enable countries the world over to convert their capacity to innovate and create into concrete economic assets for the benefit of current and future generations," he said. The Director General noted that the establishment of a truly global system of intellectual property rights hinged on widespread respect for international standards relating to intellectual property law He urged countries to adopt the provisions of these international treaties in their national legislation to create the necessary incentives for further wealth creation, social and cultural development.
Intellectual property highlights in 2001 include:
- deposit of the 30th instrument of accession by Gabon to the WIPO Copyright Treaty (WCT), which paves the way for entry into force of this treaty in March 2002;
- deposit of the 50th instrument of accession by the Republic of Korea to the International Convention for the Protection of New Varieties of Plants (UPOV);
- Increase in WIPO membership to 178;
- Increase in membership of the PCT Union to 115.
WIPO Convention
The Convention Establishing the World Intellectual Property Organization was signed at Stockholm on July 14, 1967, and entered into force in 1970. WIPO is responsible for the promotion of the protection of intellectual property throughout the world through cooperation among states, and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property.
In 2001, Iran (Islamic Republic of), Myanmar and Tonga (3) adhered to the WIPO Convention.
The total number of member states of WIPO on December 31, 2001 was 178.
NEW MEMBERS OF WIPO-ADMINISTERED TREATIES IN THE FIELD OF INDUSTRIAL PROPERTY
Paris Convention
The Paris Convention for the Protection of Industrial Property was concluded in 1883
and is one of the pillars of the international intellectual property system as we know it today. It applies to industrial property in the widest sense, including inventions, marks, industrial designs, utility models (a kind of "small patent" provided for by the laws of some countries), trade names (designations under which an industrial or commercial activity is carried on), geographical indications (indications of source and appellations of origin) and the repression of unfair competition.
In 2001, Nepal and Tonga (2) adhered to the Paris Convention.
The total number of contracting states on December 31, 2001, was 162.
Patent Cooperation Treaty (PCT)
The Patent Cooperation Treaty (PCT), concluded in 1970, makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an "international" patent application. Such an application may be filed by anyone who is a national or resident of a contracting state. The treaty regulates the formal requirements with which any international application must comply.
In 2001, Ecuador, Equatorial Guinea, Oman, Philippines, Tunisia and Zambia (6) adhered to the PCT.
The total number of contracting states on December 31, 2001, was 115.
Madrid Agreement and Madrid Protocol
The Madrid system for the International Registration of Marks (the Madrid system) is governed by two treaties: the Madrid Agreement Concerning the International Registration of Marks (Madrid Agreement) and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol).
The Madrid Agreement was concluded in 1891, and the Madrid Protocol was concluded in 1989 in order to introduce certain new features to the Madrid system. These features address the difficulties that prevent certain countries from adhering to the Madrid Agreement by rendering the system more flexible and more compatible with the domestic legislation of these countries.
In 2001, Australia, Belarus, Bulgaria, Ireland, Mongolia and Zambia (6) adhered to the Madrid Protocol.
The total number of contracting states to the Madrid Protocol on December 31, 2001, was 55.
Madrid Agreement (Indications of Source)
The Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods was concluded in 1891. Under the Agreement, all goods bearing a false or deceptive indication of source, by which one of the contracting states, or a place situated therein, is directly or indirectly indicated as being the country or place of origin, must be seized on importation, or such importation must be prohibited, or other actions and sanctions must be applied in connection with such importation.
In 2001, the Republic of Moldova (1) adhered to the Madrid Agreement (Source on Goods).
The total number of contracting states on December 31, 2001, was 33.
Nice Agreement
The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, concluded in 1957, establishes a classification of goods and services for the purposes of registering trademarks and service marks. The Classification consists of a list of classes (based on types of products and services) of which there are 34 for goods and 11 for services and an alphabetical list of the goods and services.
In 2001, Mongolia, Mozambique and Uzbekistan (3) adhered to the Nice Agreement.
The total number of contracting states on December 31, 2001, was 68.
Locarno Agreement
The Locarno Agreement Establishing an International Classification for Industrial
Designs, concluded in 1968, establishes a classification for industrial designs which consists of 32 classes and 223 subclasses based on different types of products. It also comprises an alphabetical list of goods with an indication of the classes and subclasses into which these goods fall. The list contains some 6,600 indications of different kinds of goods.
In 2001, Mongolia (1) adhered to the Locarno Agreement.
The total number of contracting states on December 31, 2001, was 40.
Strasbourg Agreement (IPC)
The Strasbourg Agreement Concerning the International Patent Classification, concluded in 1971, establishes the International Patent Classification (IPC), which divides technology into 8 sections with approximately 69,000 subdivisions. Each of these subdivisions has a symbol which is allotted by the national or regional industrial property office that publishes the patent document.
In 2001, the Republic of Korea, Mongolia, Slovenia and Uzbekistan (4) adhered to the Strasbourg Agreement.
The total number of contracting states on December 31, 2001, was 51.
Vienna Agreement
The Vienna Agreement Establishing an International Classification of the Figurative
Elements of Marks was concluded in 1973 and establishes a classification system for marks which consist of or contain figurative elements. The classification comprises 29 categories, 144 divisions and some 1,634 sections in which the figurative elements of marks are classified.
In 2001, Saint Lucia and Slovenia (2) adhered to the Vienna Agreement.
The total number of contracting states on December 31, 2001, was 19.
Budapest Treaty
The main feature of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, which was concluded in 1977, is that a contracting state which allows or requires the deposit of microorganisms for the purposes of patent procedure must recognize, for such purposes, the deposit of a microorganism with any "international depositary authority," irrespective of whether such authority is on or outside the territory of the said state. This eliminates the need to deposit in each country in which protection is sought.
In 2001, Belarus, India, the Republic of Korea and Uzbekistan (4) adhered to the Budapest Treaty.
The total number of contracting states on December 31, 2001, was 53.
Lisbon Agreement
The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, concluded in 1958, aims to provide for the protection of appellations of origin, that is, the "geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographic environment, including natural and human factors."
In 2001, the Republic of Moldova (1) adhered to the Lisbon Agreement.
The total number of contracting states on December 31, 2001, was 20.
Geneva Act of the Hague Agreement
The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, concluded in 1999, is aimed at making the system more responsive to the needs of users and facilitating adherence by countries whose industrial designs systems do not permit them to accede to the 1960 Hague Act.
In 2001, Iceland, the Republic of Moldova and Romania (3) adhered to the Geneva Act of the Hague Agreement.
The total number of contracting states on December 31, 2001, was 3.
Patent Law Treaty (PLT)
The Patent Law Treaty (PLT), concluded in 2000, seeks to to harmonize and streamline formal procedures in respect of national and regional patent applications and patents. With a significant exception for the filing date requirements, the PLT provides maximum sets of requirements which the office of a contracting party may apply: the office may not lay down any other formal requirements in respect of matters dealt with by this treaty.
In 2001, the Republic of Moldova (1) adhered to the Patent Law Treaty.
The total number of contracting states on December 31, 2001, was 1.
NEW MEMBERS OF WIPO-ADMINISTERED TREATIES IN THE FIELD OF COPYRIGHT
Berne Convention
The Berne Convention for the Protection of Literary and Artistic Works, concluded in 1886, sets out and defines minimum standards of protection of the economic and moral rights of authors of literary and artistic works.
In 2001, Tonga (1) adhered to the Berne Convention.
The total number of contracting states on December 31, 2001, was 148.
Geneva Convention (Phonograms)
The Geneva Convention for the Protection of Producers of Phonograms against
Unauthorized Duplication of their Phonograms, concluded in 1971, obliges each contracting state to protect a producer of phonograms who is a national of another contracting state against the making of duplicates without the consent of the producer, against the importation of such duplicates, where the making or importation is for the purposes of distribution to the public, and against the distribution of such duplicates to the public.
In 2001, Azerbaijan, Kazakhstan and Saint Lucia (3) adhered to the Geneva Convention.
The total number of contracting states on December 31, 2001, was 67.
WIPO Copyright Treaty (WCT)
The WIPO Copyright Treaty, concluded in 1996, extends copyright protection to two additional subject matters: (i) computer programs and (ii) compilations of data or other material ("databases") in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations.
In 2001, Bulgaria, Chile, Czech Republic, Gabon, Georgia, Lithuania, Peru, Romania and Ukraine (9) adhered to the WCT.
The total number of contracting states on December 31, 2001, was 30.
WIPO Performances and Phonograms Treaty (WPPT)
The WIPO Performances and Phonograms Treaty, concluded in 1996, deals with intellectual property rights of two kinds of beneficiaries: (i) performers (actors, singers, musicians, etc.) and (ii) producers of phonograms (the persons or legal entities who or which take the initiative and have the responsibility for the fixation of the sounds). They are dealt with in the same instrument because most of the rights granted by the Treaty to performers are rights connected with their fixed, purely aural performances (which are the subject matter of phonograms).
In 2001, Albania, Bulgaria, Chile, Czech Republic, Gabon, Georgia, Lithuania, Mali, Romania and Ukraine (10) adhered to the WPPT.
The total number of contracting states on December 31, 2001, was 28.
CONTRACTING PARTIES TO THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS
UPOV Convention (plant varieties)
The International Convention for the Protection of New Varieties of Plants (the UPOV Convention), concluded in 1961, seeks to protect new varieties of plants by an intellectual property right.
In 2001, Croatia, the Republic of Korea, Nicaragua and Romania (4) adhered to the UPOV Convention.
The total number of contracting states on December 31, 2001, was 50.
For more information about other WIPO-administered treaties, please contact the Office of Legal Counsel:
- Tel: (+41 22) 3388278
- Fax: (+4122) 7403700
- E-mail: publicinf@wipo.int