WIPO Magazine, Issue No. 6, 2000
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Contents Patent Law Treaty: Diplomatic Conference Closes with Signing 2 AGAZINE Diplomatic Conference on Audiovisual Performances Set for December, 2000 4 Panel Studies Intellectual Property Dimensions of Privatization 5 WIPO and Uruguay Sign Cooperation Agreement 6 WIPO-USPTO Academy on Enforcement of Intellectual Property Rights 7 Cooperation for Development Modernizing of Intellectual Property Systems in Least Developed Countries 8 Management of Copyright Offices Gulf Cooperation Council (GCC) 9 Electronic Commerce and Intellectual Property for Development for Caribbean Countries 10 Collective Management of Copyright and Related Rights for the Caribbean Region 11 Workshop on Business Dimensions of Intellectual Property Takes a Practical Approach 12 WIPO M WIPO Sub-Regional Roundtable on the Implementation of TRIPS 13 WIPO Gold Medals Awarded at Genius 2000 14 IPLEX CD-ROM 14 Calendar of Meetings 15 New Products 16 Geneva June, 2000 2 WIPO MAGAZINE - JUNE 2000 Patent Law Treaty is Finalized and Diplomatic Conference Closes with Signing step is to work towards harmonization of legal substance, and eventually towards a single global standard of protection. The Director General pointed out that ultimately the biggest savings in patent-related costs would come about when intellectual property offices around the world are able to share results of search and examination procedures. In past sessions of the Standing Photo: Mercedes Martínez Mercedes Photo: Dozal Committee on the Law of Patents The Diplomatic Conference gets underway. (SCP), and at the September 1999 session of the WIPO Assemblies, a Forty-three countries signed on tion of five years of negotiations significant number of delegations Friday, June 2 a landmark agree- and is a major step towards further expressed the wish to take up the ment that will simplify and international harmonization of question of further harmonization streamline procedures for obtaining patent law. The PLT promises to of patent laws upon conclusion of and maintaining a patent. The reduce the cost of patent protection the PLT. This is reflected in the Patent Law Treaty (PLT) was and to make the process more user- WIPO Program and Budget for the adopted on June 1 and opened for friendly and widely accessible. 2000-2001 biennium. The SCP will signature at the end of a three- hold its next meeting in November week Diplomatic Conference held WIPO Director General Dr. Kamil 2000. under the auspices of the World Idris welcomed the adoption of the Intellectual Property Organization PLT and applauded delegates for (WIPO). the positive spirit of cooperation Advantages and compromise that had prevailed The Diplomatic Conference during negotiations. Successful Once it enters into force, the PLT brought together high-level completion of the PLT is a major will harmonize and streamline, on representatives from some 150 step in the broader process of a worldwide basis, formal patent states from May 11 to June 2. The reducing patent costs around the procedures relating to national and Patent Law Treaty is the culmina- world, said Dr. Idris. The next regional patent applications and If you are interested in receiving For comments or questions, contact: The WIPO Magazine is published copies, contact: The Editor monthly by the Office of Global The Publications Officer WIPO Magazine Communications and Public Diplomacy, WIPO (at the above address) World Intellectual Property Organization 34, chemin des Colombettes Copyright © 2000 World Intellectual (WIPO). It is not an official record and P.O. Box 18 Property Organization the views expressed in individual articles CH-1211 Geneva 20 All rights reserved. Articles contained herein may be are not necessarily those of WIPO. Switzerland reproduced for educational purposes. No part may, however, be reproduced for commercial purposes without the express phone: 41 22 338 91 11 written consent of the Office of Global Communications The WIPO Magazine is distributed free fax: 41 22 733 54 28 and Public Diplomacy, World Intellectual Property Organization, P.O. Box 18, CH-1211 Geneva 20, of charge. e-mail: [email protected] Switzerland. 3 WIPO MAGAZINE - JUNE 2000 maintenance of patents. Inventors seeking patent protection must as a first step meet certain formality requirements in order to avoid rejection of their application and a consequent loss of rights. These formalities currently vary from one country to another. In standardiz- ing them, the PLT offers both inventors and national and regional patent offices a number of advantages: n Use of standardized forms and simplified procedures that reduce the risk of error; n Cost reductions for inventors, Martínez Mercedes Photo: Dozal applicants and patent attorneys; n Elimination of cumbersome and Standing, from left: Ambassador Nacer Benjelloun-Touimi of the Kingdom of Morocco, President of the Diplomatic Conference, Dr. Kamil Idris, Director complicated procedures; General of WIPO, and Mr. Francis Gurry, Assistant Director General of n Improved efficiency of patent WIPO, watch as Mr. James W. Mayson (seated), the delegate from Liberia, offices and lower operating signs the PLT. costs; n Possibility to introduce electronic filing of patent applications and related communications; under the PLT, the requirements that do not sign the PLT within the n Reliance on a predictable and procedures for national and one-year period are entitled to maximum set of patent regional patent applications, and accede to the treaty at any time. formalities in all countries party those for PCT international The PLT will enter into force after to the PLT (including the applications, will be harmonized. ten countries deposit their instru- incorporation of provisions This will eventually lead to ments of ratification or accession under the Patent Cooperation standardized formal requirements with the Director General of Treaty regarding form or and streamlined procedures for all WIPO. contents of an international patent applications worldwide. application), resulting in easier The PLT was signed by the access to foreign patent following countries at a ceremony systems; Signatories at WIPO headquarters in Geneva: Algeria, Austria, Belgium, Brazil, n Exceptions from mandatory Burundi, Croatia, Cuba, Czech representation; A total of 104 countries and three intergovernmental organizations Republic, Democratic Peoples n Enhanced legal certainty for (the Eurasian Patent Organization, Republic of Korea, Denmark, applicants filing in their home the European Patent Organization Estonia, Gambia, Ghana, Greece, country and abroad; and the African Regional Industrial Haiti, Hungary, Israel, Italy, n Relief and re-instatement of Property Organization) signed the Kenya, Kyrgyzstan, Latvia, rights in case of missing certain Final Act of Treaty, a document Lebanon, Liberia, Luxembourg, time limits; that bears witness to the Madagascar, Malawi, Nigeria, n Possibility to obtain a filing Diplomatic Conference, and its Poland, Portugal, Republic of date, even if the main part of outcome, and acknowledges the Moldova, Romania, Sao Tome and the application (description) is participation of the delegations at Principe, Slovenia, Spain, Sudan, filed in a foreign language. the meeting. Swaziland, Switzerland, Togo, Turkey, Uganda, United Kingdom, The PLT achieves a major goal of The PLT is open for signature by United States of America and international simplification by WIPO member States until June 1, Zambia. incorporating the requirements for 2001. Signature entitles a PCT international applications into government to ratify the treaty at national and regional laws. Thus, any time. WIPO member States 4 WIPO MAGAZINE - JUNE 2000 Diplomatic Conference on Audiovisual Performances Set for December, 2000 ...The making of a film or other audiovisual work involves contribu- tions from many different individuals, often from many different countries. Member States of WIPO endorsed representatives from the film and television screens are produced the convening of a Diplomatic industry also attended the meeting. and financed across national Conference from December 7 to The SCCRs recommendation was borders. Such arrangements 20, 2000 to establish an internatio- endorsed by the WIPO General underline the importance of nal agreement on the rights of Assembly, which mandated WIPO creating an international operating performers in their audiovisual Director General Dr. Kamil Idris environment which clearly defines performances. This issue topped to decide on an appropriate venue the intellectual property rights of the agenda of an intensive round of for the Diplomatic Conference. all parties involved. discussions in April at WIPO The new international agreement to headquarters. be established will address the moral and economic rights of Representatives of 74 member performers in audiovisual perfor- States and the European mances and will also adapt the Community, meeting under the protection of those rights to the auspices of the WIPO Standing digital environment. Committee on Copyright and Related Rights (SCCR), The question of performers rights recommended by consensus the in their audiovisual performances holding of a Diplomatic has been the subject of debate Conference to build on the existing since the conclusion of the WIPO protection of performers rights Performances and Phonograms provided for under the Rome Treaty (WPPT) in December 1996. Convention for the Protection of At that time, WIPO member States Performers, Producers of opted to address this question as a Phonograms