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1St International Seminar on Intellectual Property 1st International Seminar on Intellectual Property Vajiravudh Scout Camp, Chonburi Province, Thailand 1 - 4 September 2009 TABLE OF CONTENTS Aim and Objectives page 1 Seminar Recommendations page 2-4 Resource Speakers Presentation - Introduction to Intellectual Property page 5-9 - Protection of Intellectual Property page 10-11 - How to use IP at National level page 12-13 - Presentation of ownership of trademarks of World Scouting & WOSM’s Policy on Trademarks page 14-17 - WOSM Policies on trademarks for programmes and official event page 18-19 - Copyright on BPs work page 20-21 Group Work Presentation page 23-25 Annexures Participants Directory page 26-29 Staff Directory page 30-33 Workshop Programme page 34 Opening & Closing Ceremony Programme page 35 Photos page 36-37 AIM AND OBJECTIVES Aim To bring greater awareness on the importance of legal protection of Scouting name, emblem and other insignias. Objectives 1. To provide information on what is Intellectual Property (IP) 2. Discuss the steps in protecting IP and its advantages 3. Share information on International Law on IP 4. Share best practices in Scouting on IP 1 RECOMMENDATIONS Seminar Recommendations For consideration and possible adoption by the participants of the 1st International Seminar on Intellectual Property jointly organized by the World Scout Bureau Central Office-Geneva and the Asia-Pacific Region. Introductory Statement The core purpose of the seminar is to bring greater awareness on the importance of the legal protection of Intellectual Property for Scouting and this needs more elaboration. There have been previous efforts exerted toward this end but have not produced the desired results. In the meantime, various cases of infringements, counterfeiting, illegal manufacture, sale and distribution of various scouting merchandise are being committed in increasing trend without clear policies, rules and guidelines from the WOSM, World Scout Bureau, Inc., Regional Committees and even at the level of most NSOs on how to deal with these violations on the rights and interest of the scouting movement. In order to establish a clearer picture and historical account and perspective of this highly contentious issue, reference must be made on the following: 1. Resolution 10/1988 on the world scout Emblem where the conference resolved, among others, to request the cooperation of all National Scout Organizations in ensuring adequate legal protection of the World Scout Emblem. 2. Conference Resolution no. 5/1969 which was appendix VI to Minutes of the World Committee meeting in July 1973, Nairobi, Kenya(Minutes no. 12/1973), directing the World Bureau, “to control protection of the World Scout Emblem and to license whenever appropriate its reproduction in any form integrated for sale.” 3. World Scout Committee Decision, Meeting 04/2006, on the brand management (Section 3.3 of the Progress Report), where : it agreed, among others, on the launch of a feasibility study “to look at solution in terms of Brand protection, management of trademarks, rights and licenses in conjunction with the various shareholders of the World Scout Brand (SCORE World Scout Foundation, NSOs, organizers of International Scout Events)”; and 4. World Scout Committee Decision, Meeting 09/2006, where it approved the following decisions: - Given the Conference resolutions 12/61 and 5/69, the World Scout Committee affirms the World Scout Emblem belongs to the World Organization of the Scout Movement and that this property is managed by its legal representative the World Scout Bureau, Inc. - Given its previous decision regarding to the creation of a new World Scouting Brand logo, the World Scout Committee, confirmed that this logo belongs to the World Organization of the Scout Movement and that this property is managed by its legal representative, the World Scout Bureau, Inc. The World Scout Committee asks the World Scout Bureau to publicise the rules, terms and conditions for any use of the World Scout Emblem and of the World Scouting Brand Logo. Given the foregoing background, the following are the present day realities: • The WSE is a registered trademark having been registered for the first time in 1972 under the Hague System and the protection ended under this system on June 8, 1987. As a renewal was no longer possible under the Agreement of the Hague, the emblem was registered as a Trademark under the Madrid Agreement in 1988. Initially, this protection covered 24 countries, and could be extended to all countries by individual registrations. Today, the Agreement covers 78 countries, including the EU, China and many others. 2 The initial protection period has a length of 10 years that then can be completed before the 15th December 2008, date at which the protection ends. From all indications, the efforts to pursue the legal protection of the Intellectual Properties of the WOSM continue but in view of the present day realities where most of the member countries are not members the WIPO and neither are they signatories to the Madrid Agreement, it becomes even more important and imperative that the WSB, Inc, the regional Committees and the NSOs must work together to formulate a much clearer, definitive specific and workable protocols, policies, rules or guidelines aimed at ensuring the legal protection of all WOSM Intellectual Properties at all levels. At this point however, there are specific gaps and loopholes that require to be addressed and resolved in order to assure appropriate and timely availment of appropriate legal action/s and remedies at the level of the WOSM and the NSOs. These are: * Lack of appropriate dissemination of vital information related to the Intellectual Properties of the WOSM. * Lack of appropriate legal mechanism or arrangement that will govern the relations between the WOSM represented by the World Scout Bureau, Inc, in the matter of registering WOSM’s Intellectual Properties by the NSOs in their respective countries and the extent of their authority to seek legal remedies in case of violation thereof; * Lack of coping or enabling mechanism for NSOs to assume a much deeper involvement and responsibility in the protection of WOSM’s Intellectual Properties as they, themselves, are not even protected in their own respective countries for lack of specific national laws protecting their rights and interests; RECOMMENDATIONS In the light of foregoing findings and observations and in order to achieve the core purpose and objective of this seminar, the following recommendations are suggested for consideration, approval and adoption by the participants: 1. That the WSB, Inc, together with the Regional Scout Committees and National Scout Organizations conduct a massive and wider dissemination of all information related to ensuring adequate legal protection to all WOSM and NSOs Intellectual Properties; 2. That the World Scout Bureau, Inc. together with the Regional Scout Committees and NSOs, formulate an appropriate legal mechanism or arrangement that will govern the relations between the WOSM and NSOs in the matter of registering WOSM’s Intellectual Properties by NSOs in their respective countries and the extent of their authority to seek legal remedies in case of violation thereof; 3. That the World Scout Committee urge and influence the NSOs to convince their National Legislature to pass an enabling law providing for a charter of their Scout organization defining their creation as a voluntary organization, specifying their powers and functions and providing for their rights and interests so that they are amply protected. 4. That the WSB, Inc., conduct a sequel or continuing seminar to be attended specifically by National Executive Board Members representing their Legal Committees to update them on the latest trends and development on Intellectual Property and the continuing efforts of the World Scout Bureau, Inc., on this matter; 3 5. To extend the participants’ thanks and gratitude to the National Scout Organization of Thailand for their warm hospitality and successful hosting of this first-ever International Seminar on Intellectual Property; and 6. To extend the participants’ thanks and gratitude to the World Bureau Central Office/Geneva and the Asia-Pacific Regional office for organizing the 1st Intellectual Seminar on Intellectual Property which resulted in achieving greater awareness on the importance of the legal protection of Intellectual Properties for Scouting; and 7. To extend the participants’ thanks and gratitude to all the Resource Speakers, Facilitators, Staff, Personnel and all the Volunteers who made this seminar truly successful and rewarding. RECOMMENDATIONS COMMITTEE 1. Kapila Kalyana Perera (Sri Lanka) 2. Noshir Shapurji Wadia (India) 3. Wendel Avisado (Philippines) 4. Grace Tam (WAGGGS/ APR) Adviser : Amnat Changrien (Thailand) 4 RESOURCE Introduction to Intellectual Property (IP) SPEAKERS Daniella Doueiry WOSM Representative (UN and International Organizations) PRESENTATION HISTORY • The roots of the World Intellectual Property Organization go back to 1883 • The need for international protection of intellectual property became evident when foreign exhibitors refused to attend the International Exhibition of Inventions in Vienna in 1873 because they were afraid their ideas would be stolen and exploited commercially in other countries. What is a patent? A patent is a set of exclusive rights granted by a State to an inventor or his assignee for a limited period of time in exchange for a public disclosure of an invention. Exclusive rights: the right to stop
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