New Contracting Parties to WIPO-Administered Treaties In 2003

Geneva, January 16, 2004
Press Updates UPD/2004/216

Increasing global recognition of the importance of intellectual property rights as a tool for economic development and wealth creation was reflected in the number of countries that signed up to treaties administered by the World Intellectual Property Organization (WIPO) in 2003. Last year, 52 instruments of accession to or ratification of treaties administered by WIPO were deposited with the WIPO Director General, Dr. Kamil Idris. The majority of these were deposited by developing countries.

Last year also marked a significant development in the membership of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks ("Madrid Protocol") with the deposit by the government of the United States of America, on August 2, 2003, of its instrument of accession to that treaty. This makes the system of international trademark registration more inclusive and extends the advantages of the system to businesses and individuals in both the United States and elsewhere.

The Assemblies of WIPO member states also adopted, in September 2003, certain amendments to a number of WIPO-administered treaties designed to streamline the governance structure of the Organization.

In December 2003, the Geneva Act of the Hague Agreement entered into force. The Geneva Act enhances the existing system by making it more compatible with the registration system in countries such as the United States and Japan where protection of industrial designs is contingent on examination to determine the acceptability of an application. The Geneva Act seeks to broaden the geographical scope of international design registrations.

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 2003, Namibia and Saudi Arabia (2) adhered to the Paris Convention.

The total number of contracting states on December 31, 2003, was 166.

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 2003, Botswana, Egypt, Namibia, Papua New Guinea and the Syrian Arab Republic (5) adhered to the PCT.

The total number of contracting states on December 31, 2003, was 123.

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 agreed 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 2003, Cyprus and Iran (Islamic Republic of) (2) adhered to the Madrid Agreement.

The total number of contracting states to the Madrid Agreement on December 31, 2003, was 54.

In 2003, Albania, Croatia, Cyprus, Iran (Islamic Republic of), the Republic of Korea and the United States of America (6) adhered to the Madrid Protocol.

The total number of contracting states to the Madrid Protocol on December 31, 2003, was 62.

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 2003, Albania and Azerbaijan (2) adhered to the Nice Agreement.

The total number of contracting states on December 31, 2003, was 72.

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 2003, Azerbaijan and the United Kingdom (2) adhered to the Locarno Agreement.

The total number of contracting states on December 31, 2003, was 43.

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 2003, Azerbaijan (1) adhered to the Strasbourg Agreement.

The total number of contracting states on December 31, 2003, was 54.

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 2003, Albania, Azerbaijan and Kyrgyzstan (3) adhered to the Budapest Treaty.

The total number of contracting states on December 31, 2003, was 58.

The Hague Agreement

The system of international deposit of industrial designs is governed by the Hague Agreement Concerning the International Deposit of Industrial Designs which dates from 1925 and has been revised at various times, in particular in London (1934 Act) and the Hague (1960 Act). A new Act of the Hague Agreement was adopted in Geneva on July 2, 1999.

In 2003, Belize, Georgia, Gabon and Kyrgyzstan (4) adhered to the Hague Act and the Complementary Act of Stockholm.

The total number of contracting states (Hague Act) on December 31, 2003, was 29.

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 2003, Georgia, Kyrgyzstan, Liechstenstein and Spain (4) adhered to the Geneva Act of the Hague Agreement. The total number of contracting states on December 31, 2003, was 11.

The Act entered into force on December 23, 2003, three months after six states had deposited their instruments of ratification or accession and, at least three of those states fulfilled 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. Spain, Slovenia and Switzerland fulfilled at least one of the required conditions.

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 2003, Estonia and Ukraine (2) adhered to the Patent Law Treaty.

The total number of contracting states on December 31, 2003, was 7.

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 2003, the Democratic People's Republic of Korea, Micronesia (Federated States) and Saudi Arabia (3) adhered to the Berne Convention.

The total number of contracting states on December 31, 2003, was 152.

Rome Convention

The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, concluded in 1961, secures protection of performers on their performances, phonograms of producers of phonograms and broadcasts of broadcasting organizations.

In 2003, Belarus, Kyrgyzstan, the Russian Federation, Serbia and Montenegro and

Togo (5) adhered to the Rome Convention, bringing the total number of contracting states to 76.

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 2003, Belarus, Serbia and Montenegro and Togo (3) adhered to the Geneva Convention.

The total number of contracting states on December 31, 2003, was 72.

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 2003, Cyprus, the Former Yugoslav Republic of Macedonia, Poland, Serbia and Montenegro and Togo (5) adhered to the WCT.

The total number of contracting states on December 31, 2003, was 44.

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 oral performances (which are the subject matter of phonograms).

In 2003, Poland, Serbia and Montenegro and Togo (3) adhered to the WPPT.

The total number of contracting states on December 31, 2003, was 42.

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 2003, Lithuania and Tunisia (2) adhered to the 1991 Act of the UPOV Convention.

The total number of contracting states on December 31, 2003, was 54.

For more information about other WIPO-administered treaties, please contact the Media Relations and Public Affairs Section at WIPO:

• Tel: (+41 22) 338 81 61 or (+41 22) 338 95 47;
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