New Contracting Parties to WIPO-Administered Treaties in 2002

Geneva, January 15, 2003
Press Updates UPD/2003/182

Growing recognition of the importance of intellectual property rights in an era in which economic growth is increasingly driven by knowledge and information, was reflected in the number of countries that signed up to treaties administered by the World Intellectual Property Organization (WIPO) in 2002. Last year, 54 instruments of accession to or ratification of treaties administered by WIPO were deposited with the WIPO Director General, Dr. Kamil Idris.

A significant development was the entry into force of the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), on March 6 and May 20, 2002, respectively which marked a milestone in the history of international intellectual property law. These ground-breaking treaties modernize and update international copyright law and set the stage to offer more comprehensive protection for creators and creative enterprises in the digital environment. They also promise to boost the future development of the Internet, electronic commerce and the culture and information industries by helping to ensure the quality and authenticity of digital content and enabling creators, performers and the surrounding industries to reap the financial rewards of their talent, creativity and investment.

In 2002, 54% of the accessions or ratifications came from developing countries, 42% from countries in transition to a market economy and 4% from developed countries. A summary of these adherences is set out below:

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 2002, Djibouti (1) adhered to the WIPO Convention.

The total number of member states of WIPO on December 31, 2002, was 179.

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. 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 2002, Djibouti, the Seychelles and the Syrian Arab Republic (3) adhered to the Paris Convention.

The total number of contracting states on December 31, 2002, was 164.

Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty (PCT) was concluded in 1970. The PCT 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 2002, Nicaragua, the Seychelles and Saint Vincent and the Grenadines (3) adhered to the PCT.

The total number of contracting states on December 31, 2002, was 118.

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 into 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 2002, the former Yugoslav Republic of Macedonia (1) adhered to the Madrid Protocol.

The total number of contracting states to the Madrid Protocol on December 31, 2002, was 56.

Trademark Law Treaty (TLT)

The Trademark Law Treaty was concluded in 1994. The TLT aims to make national and regional trademark registration systems more user-friendly through the simplification and harmonization of procedures.

In 2002, Estonia, Kazakhstan, Kyrgyzstan, the Republic of Korea and Slovenia (5) adhered to the TLT.

The total number of contracting states on December 31, 2002, was 31.

Nice Agreement

The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks was concluded in 1957. The Nice Agreement 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 2002, Georgia and Kazakhstan (2) adhered to the Nice Agreement.

The total number of contracting states on December 31, 2002, was 70.

Locarno Agreement

The Locarno Agreement Establishing an International Classification for Industrial Designs was concluded in 1968. The Locarno Agreement 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 2002, Kazakhstan (1) adhered to the Locarno Agreement.

The total number of contracting states on December 31, 2002, was 41.

Strasbourg Agreement (IPC)

The Strasbourg Agreement Concerning the International Patent Classification was concluded in 1971. The Strasbourg Agreement 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 2002, the former Yugoslav Republic of Macedonia and Kazakhstan (2) adhered to the Strasbourg Agreement.

The total number of contracting states on December 31, 2002, was 53.

Budapest Treaty

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure was concluded in 1977. The main feature of the Budapest Treaty 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 2002, the former Yugoslav Republic of Macedonia and Kazakhstan (2) adhered to the Budapest Treaty.

The total number of contracting states on December 31, 2002, was 55.

Nairobi Treaty

The Nairobi Treaty on the Protection of the Olympic Symbol was concluded in 1981. All contracting states are obliged to protect the Olympic symbol (the five interlaced rings) against use for commercial purposes (in advertisements, on goods, as a mark, etc.) without the authorization of the International Olympic Committee.

In 2002, Mongolia (1) adhered to the Nairobi Treaty.

The total number of contracting states on December 31, 2002, was 41.

Geneva Act of the Hague Agreement

The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs was concluded in 1999. The Act 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 2002, Estonia, Slovenia, Switzerland and Ukraine (4) adhered to the Geneva Act of the Hague Agreement.

The total number of contracting states on December 31, 2002, was 7.

The Act will enter into force three months after six states have deposited their instruments of ratification or accession provided that, according to the most recent annual statistics collected by WIPO, at least three of those states fulfill at least one of the following conditions: (i) at least 3,000 applications for the protection of industrial designs have been filed in or for the state concerned, or (ii) at least 1,000 applications for the protection of industrial designs have been filed in or for the state concerned by residents of states other than that state.

Patent Law Treaty (PLT)

The Patent Law Treaty was concluded in 2000. The purpose of the PLT is 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 2002, Kyrgyzstan, Nigeria, Slovakia and Slovenia (4) adhered to the Patent Law Treaty.

The total number of contracting states on December 31, 2002, was 5.

The Patent Law Treaty will enter into force three months after ten instruments of ratification or accession by states have been deposited with the Director General.

NEW MEMBERS OF WIPO-ADMINISTERED TREATIES IN THE FIELD OF COPYRIGHT AND RELATED RIGHTS

Berne Convention

The Berne Convention for the Protection of Literary and Artistic Works was concluded in 1886. The Convention sets out and defines minimum standards of protection of the economic and moral rights of authors of literary and artistic works.

In 2002, Djibouti (1) adhered to the Berne Convention.

The total number of contracting states on December 31, 2002, was 149.

Geneva Convention (Phonograms)

The Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms was concluded in 1971. The Geneva Convention 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 2002, Armenia and Kyrgyzstan (2) adhered to the Geneva Convention.

The total number of contracting states on December 31, 2002, was 69.

WIPO Copyright Treaty (WCT)

The WIPO Copyright Treaty was concluded in 1996. It 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 2002, Guatemala, Guinea, Honduras, Jamaica, Mali, Mongolia, Nicaragua, the Philippines and Senegal (9) adhered to the WCT.

The total number of contracting states on December 31, 2002, was 39.

WIPO Performances and Phonograms Treaty (WPPT)

The WIPO Performances and Phonograms Treaty was concluded in 1996. The treaty 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 2002, Guatemala, Guinea, Honduras, Jamaica, Japan, Kyrgyzstan, Mongolia, Nicaragua, Peru, Philippines and Senegal (11) adhered to the WPPT.

The total number of contracting states on December 31, 2002, was 39.

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) was concluded in 1961. The objective of the Convention is the protection of new varieties of plants by an intellectual property right.

In 2002, Belarus and Hungary (2) adhered to the 1991 Act of the UPOV Convention.

The total number of contracting states on December 31, 2002, was 52.

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