WIPO Assemblies Conclude

by Ulrika Lomas, for LawAndTax-News.com, Brussels

05 October 2006

The Assemblies of the member states of the World Intellectual Property Organization (WIPO) concluded on Tuesday, following a review of activities over the past year and agreement on future work.

The General Assembly was chaired by Ambassador Enrique Manalo, Permanent Representative of the Philippines to the United Nations and other international organizations in Geneva.

Speaking at the closing session, the Director General of WIPO, Dr Kamil Idris thanked Ambassador Manalo for the successful outcome of the General Assembly. He also thanked delegates, "individually and collectively, for the wisdom that has prevailed during this session, for your political commitment and good will in ensuring that all items handled by the General Assembly have been successfully concluded".

Dr. Idris added:

"I very much hope that this good spirit of determination and commitment will prevail so that the Organization can face the challenges lying ahead."

Over the course of its meetings, progress was made in many areas. These included:

• The WIPO Assemblies approved the results-based Program Performance Report of the Organization for the 2004-2005 biennium.
• The Assemblies also took note of information on the implementation of major activities in the first half of 2006, including the Progress Report on the New Construction Project.
• Member states expressed support for the Singapore Treaty on the Law of Trademarks (Singapore Treaty) which they concluded by consensus in March 2006.
• The WIPO Assemblies additionally adopted a new mechanism for the preparation and follow up of the program and budget, which enhances the role of member states and strengthens the link with lessons learned from the Organization’s previous program and financial performance.
• The General Assembly agreed to renew the mandate of the Provisional Committee on Proposals Related to a WIPO Development Agenda (PCDA) for a further year.
• Member states noted the status of consultations on the protection of audiovisual performances and that the Director General has been conducting informal consultations among member states and key stakeholders in the private sector to identify ways and means for making progress on outstanding issues.
• The General Assembly agreed to convene a diplomatic conference from November 19 to December 7, 2007 to update the rights of broadcasting organizations with a view to concluding a treaty on the protection of broadcasting organizations, including cablecasting organizations.
• Member states took note of the work of the Advisory Committee on Enforcement (ACE), in particular, in the field of education and awareness building, including training, in all areas of intellectual property enforcement.
• WIPO members agreed on a way forward in respect of discussions held in the context of WIPO's Standing Committee on the Law of Patents (SCP) which, in past years, has been discussing mainly substantive patent law issues. Member states decided that proposals for the work program of the SCP, including proposals on ways forward or approaches, may be submitted by December 2006.
• The secretariat also informed member states that a series of informal information meetings on a number of patent issues will be organized between October 2006 and September 2007 in Geneva. The proposed topics are research exemption; standards and patents; flexibilities in the patent system; technology and policy information available in the patent system; national strategies for innovation; and patents and transfer of technology.
• Member states expressed their commitment to advancing the work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) and underlined the importance of accelerating the committee’s work and generating tangible results.
• The General Assembly also reviewed WIPO's activities in relation to the protection of intellectual property in the Internet Domain Name System (DNS).
• Member states endorsed the appointment of the Nordic Patent Institute, comprising the patent offices of Denmark, Iceland and Norway, as an International Searching and Preliminary Examining Authority under the Patent Cooperation Treaty (PCT).
• Member states further endorsed a proposal to establish a digital access service for priority documents. The priority right established by the Paris Convention for the Protection of Industrial Property is a basic principle of the patent system which offers anyone who has filed an application for a patent in a member country a right of priority, for the purpose of filing in other member countries.
• The Assembly of the Madrid Union for the international registration of trademarks, examined the provisions concerning the refusal procedure, as required under the Madrid Protocol after 10 years from its entry into force. Member states concluded that the refusal procedure was functioning satisfactorily and that no substantive change was required. The Madrid Assembly also adopted an interpretative statement allowing for further reviews of the operation of the refusal procedure in the future.
• The Madrid Assembly also adopted a number of amendments to the Common Regulations under the Madrid Agreement and Protocol which govern the international trademark registration system.
• The Madrid Assembly also extended the mandate of the Working Group on the Legal Development of the Madrid System to continue discussing a possible review of the "safeguard clause" in the Madrid Protocol, and ensure that the system will continue to meet the needs of the user community.
• In line with the Organization's commitment to transparency and inclusive debate, the WIPO Assemblies also agreed to grant observer status to a number of international non-governmental organizations.

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