2009 Wipo Assemblies Ip for Development Copyright To
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GENEVA – DECEMBER 2009 – No.6 2 2009 WIPO ASSEMBLIES 8 COPYRIGHT TO THE FORE Performers, Wikimedia & Creative Commons, Music Sampling 28 IP FOR DEVELOPMENT WIPO – Italy International Convention on Intellectual Property and Competitiveness of Micro, Small and Medium-sized Enterprises (MSMEs) December 10 and 11, 2009 Villa Lubin, Rome, Italy The Convention will provide MSME stakeholders in government, national research and development centers, universities, the private sector and civil society with an opportunity to discuss policies and strategies for supporting IP-based entrepreneurship for a competitive MSME sector. Participation is open to officials from national IP offices, SMEs associations, chambers of commerce, entrepreneur associations, national SME finance institutions, private equity providers, national trade facilitation institutions, SME training institutions and other SME support institutions, including civil society organizations involved in supporting the development of internationally competitive MSMEs. For more information or to register, please visit www.wipo.int/meetings/en/2009/wipo_sme_rom_09/index.html Calendar of Meetings NOVEMBER 16 TO 20 GENEVA NOVEMBER 30 TO DECEMBER 4 GENEVA Committee on Development and Intellectual Property WIPO Audit Committee - Fifteenth Meeting (CDIP) DECEMBER 7 TO 11 GENEVA NOVEMBER 16 GENEVA Intergovernmental Committee on Intellectual Nice Union: Ad hoc Working Group Property and Genetic Resources, Traditional Knowledge and Folklore NOVEMBER 16 TO 20 GENEVA Nice Union - Preparatory Working Group DECEMBER 14 GENEVA Information Meeting on Limitations and Exceptions NOVEMBER 23 TO 26 GENEVA for Educational Activities Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications DECEMBER 14 TO 18 GENEVA Standing Committee on Copyright and Related NOVEMBER 25 GENEVA Rights: Nineteenth Session Symposium on Future Challenges of International Law: The Way Forward in Patenting Biotechnology JANUARY 25 TO 29, 2010 GENEVA Standing Committee on the Law of Patents: NOVEMBER 30 TO DECEMBER 4 GENEVA Fourteenth Session IPC Union - IPC Revision Working Group GENEVA, DECEMBER 2009 CONTENTS 2 2009 ASSEMBLIES – MEMBER STATES GIVE STRONG SUPPORT 6 ECUADOR 2009 – A BICENTENARY CELEBRATION 8 IMPROVING THE STATUS OF PERFORMERS: EFFORTS AND PERSPECTIVES 12 WIKIMEDIA LICENSING POLICY CHANGE – A CONUNDRUM 15 IP OUTREACH CREATIVE DIRECTIONS 16 THE SONG REMAINS THE SAME A REVIEW OF THE LEGALITIES OF MUSIC SAMPLING 20 IS SAMPLING ALWAYS COPYRIGHT INFRINGEMENT? 22 LEGAL USE OF DIGITAL CONTENT – MAKING IT CLEAR AND SIMPLE 24 THE INOVA SUCCESS STORY – TECHNOLOGY TRANSFER IN BRAZIL 26 WHAT YOU DON’T KNOW ABOUT TRADEMARKS 28 ENHANCING USE OF IP FOR DEVELOPMENT WIPO MAGAZINE ISSUE 2009/6 © World Intellectual Property Organization Editor: Sylvie Castonguay Acknowledgements WIPO Contributors Graphic Designer: Sheyda Navab Victor Vazquez (WIPO Copyright and Related Rights Catherine Jewell (Media Relations & Public Affairs Section), Sector), p. 8 p. 6 Cover image Joseph Bradley (WIPO Department of External Relations), © Crown Copyright 2009 p. 28 2 DECEMBER 2009 2009 ASSEMBLIES – MEMBER STATES GIVE STRONG SUPPORT The 2009 Assemblies of the Member States of WIPO highlighted the initiatives launched to develop a – the first of Director General Francis Gurry’s man- service-oriented culture. Mr. Gurry noted that neg- date – marked the beginning of a new era for the ative growth rates in WIPO’s registration and filing Organization. The Assemblies ran from September systems were anticipated for 2009 but that, while 22 to October 1, and for the first time a high-level demand was expected to be sluggish through ministerial segment led off the series of meetings. 2010, he was confident that 2011 would see posi- Member States showed strong support for the tive growth. He said “it is clear that the long-term Organization’s strategic goals throughout the event, trend is one of intensified use of the IP system in and renewed the mandate of the Intergovernmental which knowledge and education are at the center Committee on Intellectual Property, Traditional of the economy, development and social change.” Knowledge, Folklore and Genetic Resources (IGC). Mr. Gurry underlined that improving the capacity of Transform ideas developing and least developed countries (LDCs) into reality to benefit from the knowledge economy was the principle underlying the adoption of the WIPO Mr. Gurry welcomed over 40 ministers to the Development Agenda. “We are now at the stage high-level segment of the Assemblies, noting that where we must transform that idea into an opera- their participation reflected the expanding recog- tional reality,” he said. “That transformation will occur nition of “IP as a major means of creating a secure only if there is a collaborative effort and engagement environment for investment in innovation and on the part of the Member States and the Secre- creativity and for the diffusion of innovative and tariat.” Mr. Gurry stressed the need for Member States creative products and services.” He urged the and the Secretariat to “be ambitious and identify Organization’s 184 Member States: to work to- and execute projects that make a difference.” gether to ensure the IP system serves as a stimu- lus for developing solutions to the global chal- The Director General appealed to Member States lenges confronting policymakers across the to seek common ground in advancing the norma- world; to find a “balanced way forward” in ad- tive work of the Organization as failure to do so vancing the Organization’s norm-setting agenda; would damage multilateralism and open the way and to demonstrate flexibility and understanding to bilateral and plurilateral arrangements at a time in addressing the issues at hand. when use of technologies is increasingly glob- al. Mr. Gurry said, “Global use of technology calls The Director General outlined progress in the for a global architecture of norms to ensure that Organization’s strategic realignment program, and technologies are indeed available everywhere.” Ministers endorse progress toward strategic goals The high-level segment of the Assemblies endorsed WIPO’s progress toward its strategic goals, saying this marked a new era for the Organization and its ability to ensure the IP system helps meet an increasing number of global challenges. Ministers emphasized that IP is now widely perceived as a key policy tool to promote public interest, innovation and technological progress and a driving force in creating a positive environment for social, economic and cultural development. The minis- ters took note of the Organization’s commitment to delivering effective services under the Development Agenda and WIPO’s capacity-building programs. The meeting provided an opportunity for ministers to exchange experiences, share concerns and convey their national IP priorities. It was also an important means of raising the profile of IP issues within senior policymaking spheres at the national and international levels. Many ministers backed the call to renew the IGC’s mandate in a way that allows for concrete out- comes. The high-level segment also welcomed the Organization’s response to the challenges confronting the IP system and its engagement in global issues, including climate change, food security, public health and technology transfer. 3 WIPO and Kenya to Intensify Collaboration on Patent Information On the sidelines of the ministerial segment of the Assemblies, Kenya’s Minister for Industrialization, Mr. Henry K. Kosgey, and Mr. Gurry signed a cooperation agreement covering access to and dissemination of national patent documents. This is the latest in a series of agreements between WIPO and intellectual property (IP) offices of developing countries to enhance access to patent information. Similar agreements exist with the African Regional Intellectual Property Organization, Brazil, Cuba, Israel, Mexico, Morocco, Peru, Republic of Korea, Singapore, South Africa and Viet Nam. Under the agreement, WIPO will provide technical assistance to the Kenyan Industrial Property Institute (KIPI) for the digitiza- tion and dissemination of Kenyan patent documents via PATENTSCOPE®. Better access to information about the status of patents in Kenya and abroad offers local companies and inventors a clearer picture of the competitive landscape when developing in- novations to compete in national and international markets. Similarly, access to the wealth of patent information published worldwide can act as a stimulus for local innovation. More than 1.8 million patents are applied for around the world each year, and only a fraction of them will eventually be in force in Kenya. Photos: WIPO/Arrou-Vignod & HopkinsWIPO/Arrou-Vignod Hall Photos: “If this Organization is to retain its relevance in rule The Director General cited some early concrete re- making, we must be able to deal with all the fre- sults in relation to the Organization’s new strategic quencies of the spectrum of technological devel- objective: Coordination and Development of opment,” Mr. Gurry said. “We must be able to make Global IP Infrastructure. These include digitization rules both for the latest developments in technolo- programs for IP offices in developing countries gy and for traditional knowledge systems.” In this re- and the establishment of technology and innova- gard, he called for the renewal of the mandate of tion centers, as well as database tools offering the WIPO Intergovernmental Committee on Intel- LDCs access to