7- 8 NUMBER

Geneva, July-August 2001

WIPO - WTO Initiative for LDCs

ASPs: Best Practices

Conference on IP, E-Commerce in Bulgaria

WORLD INTELLECTUAL PROPERTY ORGANIZATION WIPO’S MISSION STATEMENT

To promote through international cooperation the creation, dissemination, use and protection of works of the human spirit for the economic, cultural and social progress of all mankind. Table of Contents

2 ◗ WIPO - WTO Initiative for LDCs

3 ◗ Best Practices Report for Technology Consortium

5 ◗ Changes in senior Management at WIPO

6 ◗ Director General in Romania

7 ◗ Conference on Intellectual Property in Bulgaria

9 ◗ President of Tanzania Visits WIPO

10 ◗ Model Cooperation with Mongolia

11 ◗ Speaker of Egypt’s Parliament at WIPO

11 ◗ Senior Thai Judges Visit WIPO

12 ◗ Cooperation Activities with ASEAN

13 ◗ Harmonization of Substantive Patent Law

14 ◗ Reform of the PCT

15 ◗ Broadcasters’ Rights Top Committee’s Agenda

16 ◗ Plan of Action for Arab Region

17 ◗ Advisory Panel on Privatization

18 ◗ Review of Information Technology Standards

19 ◗ Calendar of Meetings

20 ◗ New Products

Geneva, July-August 2001 2 WIPO - WTO INITIATIVE FOR LDCS WIPO Magazine/July-August 2001

WIPO and the World Trade Orga- cal assistance, would help the LDCs ◗ In the first phase, two regional nization (WTO) launched a new ini- promote their developmental objec- workshops will be organized in tiative on June 14 to help the least tives. 2002, one for sub-Saharan Africa and Haiti, and the other for the The LDCs have until January 1, Asia-Pacific region. Officials from 2006 to comply with the WTO these countries will be briefed on Agreement on Trade-Related Aspects the basic concepts, principles

Photo: Mercedes Martínez Dozal of Intellectual Property Rights (TRIPS and obligations of the TRIPS Agreement). This means bringing Agreement. They will also be their laws on copyright, patents, briefed on the challenges of trademarks and other areas of intel- implementing the Agreement. lectual property into line with the ◗ In the second phase, assistance TRIPS Agreement, as well as provid- will focus on action plans specif- ing means of enforcing the laws ic to individual countries. effectively, in order to deal with piracy, counterfeiting and other The LDCs will benefit from a con- forms of intellectual property in- siderable amount of assistance in Dr. Idris and developed countries (LDCs) maxi- fringement. intellectual property. This new ini- Mr. Moore mize the benefits of intellectual tiative will ensure the most effective property protection. Ambassadors The joint initiative builds on existing use of available resources. It will representing the LDCs welcomed cooperation between WIPO and also ensure the efficient planning the initiative as further evidence that WTO and on each organization’s and close coordination of technical both organizations are increasingly own technical assistance programs. assistance activities between the committed to helping the world’s It is similar to a joint WIPO-WTO two organizations. poorest countries. project launched in 1998 to help all developing countries, particularly At the launching ceremony, which WIPO Director General Dr. Kamil those that are not least developed, also involved representatives from Idris called the joint initiative an which had to comply with the TRIPS the LDCs, the two Directors General expression of commitment to the Agreement by 2000. signed a joint communication to go LDCs. Providing these countries with to the governments of all LDCs, a intellectual property system, he Phases of Technical informing them of the joint initiative stressed, is crucial in assisting them. Assistance and inviting active participation. He also emphasized the importance The communication underscores of intellectual property as a tool for The technical assistance available the two organizations’ commitment technological advancement, eco- under the joint initiative includes to help LDCs comply with the TRIPS nomic growth and wealth creation cooperation in preparing legisla- Agreement on time and to use the for all nations, especially for the tion, training, institution-building, intellectual property system to pro- LDCs. modernizing intellectual property mote their development. systems and enforcement. Of the 49 WTO Director General Mr. Mike countries defined by the United Additional information is available Moore said the implementation of Nations (UN) as least developed, 30 on the WIPO web site (www.wipo. these obligations poses a consider- are members of the WTO – another int). able challenge, but also presents an six are negotiating membership – opportunity for the world’s poorest and 41 are members of WIPO. All nations to harness intellectual prop- LDCs can participate in the techni- erty in order to accelerate their eco- cal assistance offered; they do not nomic, social and cultural develop- need to be WIPO or WTO members. ment. He said the joint initiative, The joint initiative envisages assis- which offers varied forms of techni- tance in two phases. BEST PRACTICES REPORT 3 FOR TECHNOLOGY CONSORTIUM WIPO Magazine/July-August 2001

The WIPO Arbitration and Mediation WIPO – ASPIC Cooperation Center and the Application Service Provider Industry Consortium (ASPIC) ASPs deliver and manage applica- have jointly finalized a set of best tions and computing services from Photo: Mercedes Martínez Dozal practices and guidelines for dispute remote data centers to multiple avoidance and resolution for the users via the Internet or a private Application Service Provider (ASP) network. For application users, industry. WIPO Assistant Director obtaining mission-critical applica- General Mr. Francis Gurry presented tions from an outside supplier pro- the final report to ASPIC Chairman vides a cost-effective solution to the Mr. Traver Gruen-Kennedy in Geneva demands of system ownership, such on May 18. The guidelines and best as up-front capital expenses, imple- practices in the report are tailored to mentation challenges and a contin- meet the needs of the application uing need for system administration service provider community. and maintenance, upgrades and ASPIC recognized from the outset Mr. Gurry and customization. Using an ASP model, the importance of effective dispute Mr. Gruen-Kennedy WIPO Wins Award small and medium-sized organiza- avoidance and resolution mecha- tions have the possibility of deploy- nisms to helping parties realize their ASPIC, a non-profit international ing business applications that would commercial goals. Encouraged by consortium made up of the world’s otherwise involve massive invest- the WIPO Arbitration and Mediation leading technology companies, pre- ments in software, deployment time Center’s successes in the area of sented WIPO with the ASPire World and IT personnel. Internet domain name dispute reso- Achievement Award for Outstand- lution, ASPIC approached the Center ing Service and Contribution to the Since its establishment in June 1999 in February 2000 to explore poten- ASP Industry on that same day. by 25 of the world’s leading tech- tial areas of cooperation. The Board Mr. Gruen-Kennedy presented the nology companies, more than 700 of the Consortium subsequently Award, conferred in recognition of companies in 30 countries have requested the Center’s assistance in the WIPO Arbitration and Mediation joined the ASP Industry Consortium. developing guidelines for dispute Center’s work to develop a series of The consortium’s mission is to pro- avoidance and settlement specifical- dispute avoidance and resolution mote the application service provider ly geared towards the ASP industry. best practices. Mr. Gurry confirmed industry by sponsoring research, the Center’s readiness to provide promoting best practices, and artic- A Dispute Avoidance and Resolu- dispute resolution services to con- ulating the strategic and measurable tion Team (DART), headed by WIPO, tracting parties in the ASP supply benefits of ASP as a new computing was set up and comprised 15 ASPIC chain through the Center’s recently delivery model. To accomplish this, members who provided input in established ASP Dispute Resolution ASPIC provides common definitions defining industry best practices and Service (http://arbiter.wipo.int/asp/ for the industry, serves as a forum illustrated the model and its relevant index.html). for the discussion of issues, spon- points of concern. The ASPIC mem- sors industry research, fosters guide- bers also conducted a survey within lines and promotes best practices, the ASP industry on service level among other activities. agreements. The ASPIC members provided important insight into the nature of the ASP value chain and the particulars of dispute resolution possibilities therein. WIPO Magazine/July-August 20014 report/index.html. found athttp://arbiter.wipo.int/asp/ The bestpractices reportcanbe to thesuccessof ASP industry. avoidance strategies, isfundamental together witheffective dispute cost-efficient resolutionofdisputes, tural differences. The quick and legal culturesandlanguagecul- systems, differentcommercial and conflict arisingfromdifferentlegal nificantly, asdoesthepotentialfor mercial andlegalrisksincreasesig- international relationship,thecom- inacross-border fold. Particularly and otherareasis mu liability exposureineach ofthese to-many delivery model,an ASP’s data integrity. Becauseoftheone- service failureandlossofdataor proprietary rightsinfringement, ment performance,copyright and quality orfunction,projectmanage- ware orhardware performance, putes mightarise,includingsoft- ize the ASP model,outofwhich dis- ships, such asthosethatcharacter- information technology relation- There areanumberofareasin ltiplied several- pirates or“cybersquatters.” identity fromallegedInternet seeking towrestback theirInternet the Centerby trademark holders name caseshave beenfiled with date, morethan2,500domain for domainnamedisputes. To- dispute resolutionserviceprovider Center isrecognizedastheleading mediation services,the WIPO offering traditional arbitration and tronic commerce. Aside from relating totheInternetandelec- ing disputeresolutionservices developed areputationforprovid- Mediation Centerhasrapidly and based WIPOArbitration Established in1994,theGeneva- Center and Mediation WIPO Arbitration ◆ CHANGES 5 IN SENIOR MANAGEMENT AT WIPO WIPO Magazine/July-August 2001

The WIPO Coordination Committee persons have extensive and inten- Since November 1997 Ambassador on June 1 approved proposals by sive experience in policy and devel- Hayes has served as Deputy U.S. Director General Dr. Kamil Idris to opment matters – I would like to Trade Representative in Geneva and appoint two new Deputy Directors underline policy and development. General (DDGs) and to extend the This Organization has embarked mandates of two current Deputy upon many successful initiatives Directors General and two Assistant and projects with serious policy and

Directors General (ADGs). strategic implications, and I am con- Photo: Mercedes Martínez Dozal fident that this new addition would The Committee expressed consen- further promote greater demystifica- sus support for the nominations of tion of intellectual property issues Ambassador Philippe Petit, France, and greater international consensus.” and Ambassador Rita Hayes, United States of America, to the posts of Dr. Idris paid tribute to the outgoing Deputy Director General, as well DDG, Mr. François Curchod, as to extend the mandates of Switzerland/France, and the outgo- Mr. Roberto Castelo, Brazil, and ing ADG, Mr. Thomas Keefer, Mr. Shozo Uemura, Japan as Deputy Canada. He lauded their dedication U.S. Permanent Representative to the Ambassador Petit, Directors General. The Committee and professionalism and described World Trade Organization (WTO). Dr. Idris and Ambassador Hayes also extended the terms of them as model international civil In this capacity she has been Mr. Francis Gurry, Australia, and servants. The Committee joined in responsible for conducting trade Mr. Geoffrey Yu, Singapore, as paying tribute to the outgoing offi- negotiations and assisting the Trade Assistant Directors General. cials. Representative in developing and implementing U.S. trade policy. In In presenting the nominations to the Delegates expressed support for the January Ambassador Hayes returned Committee, the Director General Director General’s proposals. Many to Washington as Acting U.S. Trade said the proposals were in line with welcomed the addition of a woman Representative and facilitated the the vision for WIPO as a truly glob- to WIPO’s most senior management transition between administrations. al body – not just a legislative team. She subsequently resumed service authority or one that simply pro- in Geneva. vides services for global protection Résumé of Service systems for intellectual property The appointments of the Deputy rights, but an organization deeply Ambassador Petit comes to WIPO Directors General and Assistant involved in policy and strategy following a long and distinguished Directors General are effective from development for economic growth career in the French foreign service. December 1, 2001, to November 30, and wealth creation in all nations. He is currently France’s Permanent 2003, which corresponds to the Representative to the United Nations Director General’s mandate. Dr. Idris emphasized the extensive and other international organiza- experience in policy and develop- tions in Geneva. Prior to this post, ◆ ment issues possessed by the nomi- he served as his country’s envoy to nees. “Colleagues who are proposed Sweden, India and Mauritius. In ad- for extension would ensure continu- dition to his ambassadorial posts, he ity and the highest standards of has held several senior positions efficiency, competence and intelli- within the government, including gence,” said Dr. Idris. “On the other Special Assistant to the Minister for hand, both of the newly proposed Foreign Affairs and Diplomatic Ad- viser to the Prime Minister. 6 DIRECTOR GENERAL IN ROMANIA Program for Cooperation Signed with Romania WIPO Magazine/July-August 2001

WIPO Director General Dr. Kamil Dr. Idris underlined the growing sig- Policy Forum Idris signed a program for coopera- nificance of knowledge and infor- tion with Romania and held talks mation as driving forces of econom- During a Policy Forum on the ic growth. He emphasized the role Protection of Traditional Knowledge of the intellectual property system and Folklore organized by the Photo: WIPO in converting the enormous creative OSIM, the Director General reiterat- potential of countries like Romania ed the importance of intellectual into economic assets. property in promoting wealth crea- tion, and pointed to the new issues Secretary of State Mr. Mihnea that featured on the international Motoc, Ministry of Foreign Affairs, intellectual property agenda. Dr. Idris and Dr. Idris signed a program for referred to the importance of en- cooperation between Romania and hancing the capacity of national WIPO to strengthen the intellectual offices to deal not only with tradi- property system in Romania. tional intellectual property opera- Directors General Mr. Gabor Varga, tions but also with a range of emerg- State Office for Inventions and ing issues that were typically Dr. Idris and with President Ion Iliescu during a Trademarks (OSIM) and Mrs. Rodica complex in nature. Senior govern- President Iliescu two-day official visit to Bucharest Pârvu, Romanian Office for Copyright ment officials and members of aca- on June 6 and 7. The role of intel- were present for the signing. demic and business circles attended lectual property as an important the forum. tool for promoting development and This program of activities will serve wealth creation was the focus of to modernize and reinforce the intel- In an award ceremony held at the talks between the President and the lectual property system in Romania. University of Bucharest, the title of Director General. Activities will include initiatives: Doctor Honoris Causa was con- ferred on Dr. Idris. Professor Ioan President Iliescu stressed the com- ◗ to upgrade the intellectual prop- Mihailescu, Rector of the University, mitment of the Romanian authori- erty enforcement system in Professor Claudia Moarcas, Deputy ties to promoting greater awareness Romania; Dean of the Faculty of Law, and of the value of intellectual property ◗ to intensify training in intellectu- other senior academics and diplo- and to strengthening the intellectual al property; mats were present for the occasion. property system in the country. The ◗ to provide concrete assistance to President also expressed strong per- combat piracy of music, software sonal support for intellectual prop- and audiovisual materials; erty, which he recognized to be of ◗ to promote innovation and assist great importance in securing eco- small and medium-sized enter- nomic prosperity for Romania. prises (SMEs) in effectively using the intellectual property system; ◗ to explore the protection of tradi- tional knowledge and folklore.

In talks with a number of ministers and senior government officials, the Director General stressed WIPO’s commitment to producing concrete results with a positive and tangible impact on economic development, trade and competition. CONFERENCE ON 7 INTELLECTUAL PROPERTY IN BULGARIA WIPO Magazine/July-August 2001

President Stoyanov stressed the

Photo: WIPO influence of intellectual property on all sectors of the economy and cul- tural life, and its role as a defining factor for the future well-being of all peoples. He reaffirmed his Govern- ment’s commitment to promoting intellectual property in Bulgaria. He emphasized the prime importance of ideas and intellectual products and the growing significance of intellectual property in redefining national priorities and self-confi- dence.

“One of the major challenges,” said Dr. Idris in his opening address, “is Dr. Idris and At the International Conference on the need to awaken a global con- President Stoyanov Intellectual Property, the Internet, sciousness of the real value of intel- Electronic Commerce and Traditional lectual property, in a world where Knowledge held in Sofia, Bulgaria, increasingly sophisticated digital from May 29 to 31, WIPO Director technology and rapidly increasing General Dr. Kamil Idris and the communications are moving us President of Bulgaria, Mr. Petar away from traditional factors of Stoyanov, highlighted the growing wealth creation such as land, labor significance of intellectual property and capital, and towards an econo- as a tool of development and wealth my based on knowledge, informa- creation. tion and creativity.”

The conference, organized by WIPO “The subjects under discussion are in cooperation with the National of great importance for the future of Intellectual Property Association of the intellectual property system and, Bulgaria, examined recent develop- therefore, ultimately for the eco- ments in the intellectual property nomic, social and cultural benefit of system that affected the interests of all,” said the Director General. “By users operating in the digital envi- creating an intellectual property- ronment. Conference sessions also minded community and encourag- focused on future international ini- ing an intellectual property culture, tiatives to adapt the existing intel- we can help ensure the recognition lectual property system to the chal- that a strong, well-functioning intel- lenges of the scientific and techno- lectual property system is a major logical revolution. element of economic policy.” He highlighted that the potential of the intellectual property system as a means of empowerment for nations, individuals and business is one of WIPO’s central messages for the 21st century. 8 WIPO Magazine/July-August 2001

Internet and Information The Director General outlined a Meets the President Technology number of current WIPO initiatives to adapt the intellectual property The Director General also held bi- Dr. Idris spoke of the transforming system to demands and concerns of lateral talks with President Stoyanov impact of the Internet on business the modern world. “WIPO consid- during his visit. The President is a practices and communications, and ers it vital to work closely with its member of WIPO’s Policy Advisory partners and stakeholders to ensure Commission (PAC) and is active in that the intellectual property system promoting awareness of intellectual Photo: WIPO remains supple and adaptable to the property both nationally and inter- changing needs of our rapidly nationally. evolving societies,” said Dr. Idris. ◆ Some 200 participants, including government officials, legal profes- sionals and members of the business community and academia from 40 countries attended the conference, wich also reviewed the intellectual property aspects of traditional know- ledge, folklore and genetic resources.

Inauguration of Automated Participants at the the enormous opportunities it Center conference in Sofia affords in terms of facilitating knowledge sharing and allowing During his visit, Dr. Idris also inau- easy access to an electronic treasure gurated the newly automated Public house of information. “The Internet Industrial Property Information provides countries with a golden Service at the Bulgarian Patent opportunity to access information Office and handed over computer and knowledge - which is the raw equipment from WIPO that will material of innovation - as well as enable the Office to search for patent providing new ways of marketing information on-line and on CD- the fruits of creativity. In this way,” ROM. The equipment was provided he added, “it is helping to ‘level the as part of the cooperation program playing field’ of developing coun- established between WIPO and tries and countries in transition to Bulgaria in the framework of a market economy. Now, economic, Nationally Focused Action Plan social and cultural growth increas- (NFAP), aimed at modernizing the ingly depend on an asset available intellectual property system for to every country, regardless of dif- increased competitivity of Bulgarian ferences in cultures and degrees of industry, small and medium-sized development - the limitless creativity enterprises, and research and devel- of its people. WIPO is working with opment and other organizations. its member States to mine and forge Ms. Lyubov Panayotova, Deputy this inexhaustible natural resource Minister of Economy, and Mr. Mircho into new means of wealth creation.” Mirchev, President of the Bulgarian Patent Office, were present at the inauguration. PRESIDENT OF TANZANIA 9 VISITS WIPO WIPO Magazine/July-August 2001

The strategic use of intellectual President Mkapa acknowledged that er cliché in north-south relations,” property as a tool for development proper exploitation of new tech- he said. “It is a reality, a very fright- and wealth creation topped the nologies could help Africa leapfrog ening one, and perhaps the greatest agenda of talks on June 13 between in its development. “I have seen WIPO Director General Dr. Kamil with my own eyes how access to, Idris and the President of the United and correct application of, technol- Republic of Tanzania, Mr. Benjamin ogy can revolutionize the way we

William Mkapa, at WIPO headquar- fight poverty and how we empower Photo: Mercedes Martínez Dozal ters in Geneva. our people to self-develop,” he said. “With information technology and The Director General briefed the computerization it is possible for President on recent trends in intel- Africa to leapfrog from nothing to lectual property and the growing the latest on the market. Indeed it is significance of knowledge and already happening,” he said, noting information to economic, social and that there are people in Tanzania cultural development. today whose first ever telephone uses cellular technology and some Dr. Idris identified the awakening of who never owned a typewriter now threat to Africa’s competitiveness. Dr. Idris and the global consciousness to the real have access to a computer. Electro-nic commerce and comput- President Mkapa. value of intellectual property as a er aided design processing and major challenge, particularly in the Projects to Empower manufacturing are some of the developing world where creativity Developing Countries development tools that give nations and innovation have been thriving and enterprises an edge in the com- for centuries. He spoke about expand- The President had an opportunity to petitive world.” ing the traditional approach to intel- hear about specific WIPO projects lectual property at WIPO, which geared at empowering developing President Mkapa also visited WIPO’s had previously confined the issue to countries to take greater advantage Worldwide Academy, an institution legal and technical parameters. The of the international intellectual prop- established in 1998 by Dr. Idris to development aspects of intellectual erty system. These included a presen- provide teaching, training, advisory property today are at the fore of this tation of WIPO’s information tech- and research services in intellectual Organi-zation’s concerns, Dr. Idris nology projects, including WIPONET. property. Dr. Idris noted that distance noted. He also pointed to the new WIPONET will provide network con- should no longer be an obstacle work being undertaken by WIPO in nectivity between intellectual prop- to instruction. The goal of the examining the intellectual property erty offices worldwide to facilitate Academy’s distance learning initia- aspects of traditional knowledge, the future rapid exchange of data tive is to enable students anywhere folklore and genetic resources – all between these offices. This global in the world to learn about the of which are important to develop- communications network will enable basics of intellectual property. He ing countries. member States to exchange intellec- invited WIPO to help Tanzanian tual property information in a cost- academic institutions in developing President Mkapa shared the Director effective and highly secure environ- distance learning projects. General’s view of the importance of ment. intellectual property in today’s know- ◆ ledge and information-based soci- The Director General underlined eties. The President underscored the the potential of the Internet in facil- need to build a universal conscious- itating the dissemination of and ness of the value of intellectual access to information, which he property for all nations alike. He described as the raw material of emphasized the importance of innovation. President Mkapa wel- awareness-raising activities and adap- comed exploi-tation of digital tech- ting education curricula to include nologies to bridge the digital divide. such issues. “The digital divide is not just anoth- 10 MODEL COOPERATION WITH MONGOLIA WIPO Magazine/July-August 2001

The government of Mongolia has set Ongoing Action Plan a high priority on the development of its intellectual property system, WIPO is assisting the Mongolian recognizing its important role in Government in its efforts to modern- Photo: Mercedes Martínez Dozal capturing the value of knowledge ize the Intellectual Property Office and information, which are increas- of Mongolia (IPOM) in the areas of ingly the engines of economic legislative reform, human resource development. Mongolia has also development and the administration expressed a keen interest in playing of intellectual property through an an active role in the process of ongoing Nationally Focused Action defining the intellectual property Plan (NFAP). The NFAP involves aspects of new and emerging global automation of IPOM’s intellectual issues such as traditional know- property administration, assistance ledge, genetic resources and folklore, in setting up information dissemina- considering its rich cultural her- tion facilities and training of staff Dr. Idris and itage. and officers. Mongolia has also Mr. Erdenechuluun demonstrated its interest in the col- WIPO Director General Dr. Kamil Dr. Idris welcomed the Mongolian lective management of copyright and Idris and Mongolia’s Minister for Government’s effort to build and related works through the recent Foreign Affairs Mr. Luvsan Erdene- maintain a solid intellectual property establishment of the Mongolian chuluun held talks on May 23 on infrastructure. He pledged WIPO’s Society of Rights of Authors and further enhancing cooperation support in working closely with the Composers (MOSRAC). between WIPO and Mongolia. The Mongolian national authorities to meeting, which took place at WIPO promote intellectual property as a In March 2001, Mongolia joined headquarters in Geneva, took stock tool for economic development and four WIPO treaties, namely the of current collaboration and explored wealth creation, and to foster inno- Protocol Relating to the Madrid future areas of cooperation. vation and creativity. Agreement Concerning the Inter- national Registration of Marks, the “We are very appreciative of and Strasbourg Agreement Concerning satisfied with our ongoing coopera- the International Patent Classification, tion with WIPO, and look forward the Nice Agreement Concerning the to further fruitful cooperation in the International Classification of Goods future,” said Mr. Erdenechuluun, and Services for the Purposes of the expressing his country’s gratitude to Registration of Marks and the WIPO for its assistance. Locarno Agreement Establishing an International Classification for Industrial Designs.

◆ SPEAKER OF SENIOR 11 EGYPT’S THAI JUDGES PARLIAMENT VISIT WIPO

AT WIPO WIPO Magazine/July-August 2001

A delegation of judges from the Central Intellectual Property and Photo: Arttoday.com Photo: Arttoday.com International Trade Court of Thailand met with WIPO officials on May 15. Mr. Narendra K. Sabharwal, Director of WIPO’s Asia-Pacific Bureau, chaired the briefing on WIPO’s overall mandate and functions, its technical cooperation activities with developing countries, particularly Thailand, and its work in the areas of legislative reform, arbitration and mediation and the Internet domain name process.

The Central Intellectual Property WIPO Director General Dr. Kamil and International Trade Court is a “The visit was a short one, yet it was Idris met with the Speaker of the unique judicial institution that deals very informative and enlightening People’s Assembly of the Arab exclusively with cases related to for the delegation,” said Mr. Pornpetch Republic of Egypt, Dr. Fathi Sorour, intellectual property and interna- Wichitcholchai, Acting Chief Justice on June 8 for wide-ranging talks on tional trade disputes. Mr. Sabharwal of the Central Intellectual Property WIPO’s cooperation activities with pointed to WIPO’s fruitful and ongo- and International Trade Court on the Egypt. The talks, held at WIPO ing collaboration with the Court as conclusion of the briefing session. headquarters, included discussion well as with other sectors of the He also expressed appreciation for of a draft consolidated law on intel- Government of Thailand. WIPO’s many and varied develop- lectual property protection currently ment cooperation activities from under consideration by the People’s The Thai judges showed keen inter- which Thailand, including the Central Assembly. est in WIPO’s activities relating to Intellectual Property and Interna- the strengthening and moderniza- tional Trade Court, have greatly ben- Dr. Sorour briefed the Director tion of intellectual property systems efited. General on the steps being taken by in developing countries, especially the People’s Assembly with respect the reform of legislation. They also ◆ to the new draft law. At the end of expressed interest in the work done the meeting, he described the talks by WIPO’s Arbitration and Mediation as positive and agreed on the value Center as well as in the area of dis- of intellectual property in promot- pute resolution relating to domain ing economic and cultural develop- names. They noted that these are ment. The talks also underlined the areas of great relevance to Thailand potential of digital technologies in given the ongoing rapid advances in exploiting Egypt’s cultural assets. electronic commerce in the country.

Dr. Idris and Dr. Sorour agreed on the need to promote awareness of intellectual property among parlia- mentarians, and discussed WIPO’s assistance in this regard. The Director General pledged WIPO’s commitment to continue providing support to Egypt in building a robust intellectual property infrastructure.

◆ 12 COOPERATION ACTIVITIES WITH ASEAN WIPO Magazine/July-August 2001

Senior diplomats from countries of The meeting discussed a number of The consultation meeting agreed to the Association of Southeast Asian intellectual property-related issues develop a concept paper that will Nations (ASEAN) and WIPO offi- important to these countries, such as: elaborate on the issues discussed by citing case studies and empirical ◗ The pursuit of the developmental evidence from countries in the and business aspects of intellec- ASEAN region. This paper is expect- tual property and the effective ed to generate useful policy consid-

Photo: Mercedes Martínez Dozal use of the intellectual property erations for the work of WIPO. system for the promotion of cre- ativity and innovation; Cooperation between WIPO and ◗ The merits of the intellectual ASEAN has so far spanned the areas property system in support of of institution building, human increased research and develop- resource development and training ment and ways of translating the activities, awareness building and existing wealth of knowledge creating greater understanding of into marketable ideas; new global issues that impact on ◗ How to use the intellectual prop- intellectual property such as tradi- erty system as a tool for generat- tional knowledge, folklore and ing more trade and direct foreign genetic resources, the Internet and cials met on May 22 in Geneva to investment; electronic commerce. In the last review the areas of cooperation ◗ The manner by which ASEAN two years, the consultation meeting between the two organizations. countries could substantively has evolved into a forum for in- WIPO Director General Dr. Kamil contribute to the current debate depth policy dialogue between Idris and Ambassador Mohamad and ongoing work relating to the WIPO and ASEAN, particularly on Hamid Mohamad Jaafar (above) of intellectual property aspects of matters of priority to the ten ASEAN Brunei Darussalam, co-chaired the traditional knowledge, folklore, countries. meeting. genetic resources and the digital and knowledge-based economy. ASEAN members include Brunei Darussalam, Cambodia, Indonesia, Dr. Idris emphasized that the intel- the Lao People’s Democratic Repub- lectual property system is a signifi- lic, Malaysia, Myanmar, the Philip- cant factor assisting ASEAN countries pines, Singapore, Thailand and Viet in the pursuit of their developmental Nam. The ambassadors or senior goals. All kinds of intellectual pro- representatives of the eight ASEAN perty, including aspects relating to countries with permanent missions in traditional knowledge and access to Geneva, namely Brunei Darussalam, genetic resources, could contribute Indonesia, Malaysia, Myanmar, the to the gross domestic product as well Philippines, Singapore, Thailand and as the financial performance of these Viet Nam attended the meeting. countries. The Director General en- couraged the ASEAN countries to continue to play an active role in intellectual property policy-related issues at an international level. HARMONIZATION 13 OF SUBSTANTIVE PATENT LAW WIPO Magazine/July-August 2001

The WIPO Standing Committee on The task of the SCP is to create a different national laws and prac- the Law of Patents (SCP) started dis- more predictable, cost-effective and tices, proved extremely fruitful in cussions on the harmonization of uniform patent system by comple- terms of establishing a comprehen- substantive patent law at a meeting menting existing international struc- sive and detailed overview of the held in Geneva from May 14 to 19. tures which to date only partially issues at stake. This approach also The Committee discussed the first achieve the objective of harmoniza- revealed that, in certain cases, while draft of the Substantive Patent Law tion. The Patent Law Treaty (PLT), the language of corresponding pro- Treaty (SPLT) and the concepts concluded in June 2000, harmo- underlying different national laws nizes only patent procedures relat- visions used under different patent and practices. Once completed, the ing to national and regional patent systems differed, the underlying process in which the SCP is applications and maintenance of legal principles and practices were involved will create the basis for a patents. The Patent Cooperation in fact the same. The question of the more predictable and cost-effective Treaty (PCT) contains some princi- interface between the draft SPLT and international patent system. ples of substantive patent law appli- the PLT, as well as the PCT, was also cable to the international phase of raised, and the Secretariat was At present, the international land- an application submitted under the requested to further study this issue. scape of patent law and practice is PCT, however countries are free to made up of a variety of legal apply any substantive conditions The SCP also discussed the disclo- regimes. The consequence of these of patentability, either during the sure of information on the Internet divergences is that, in certain coun- national phase of an international and its impact on patentability. The tries, a patent application may lead application or in the course of SCP agreed that in the first instance to the grant of a patent, whereas in examining national patent applica- it would be necessary to establish others, a patent may not be granted tions. general principles concerning prior for the same invention, or the patent art that would also cover disclosure may be invalidated after grant. In The draft SPLT covers a number of of information on the Internet. The addition, lack of harmonization basic legal principles that underpin Committee would then consider the leads to cost increases for inventors the grant of patents in different need to establish special provisions and applicants, as well as for patent countries of the world, such as the specific to Internet disclosures. offices, due to duplication of work. definition of prior art, novelty, inventive step (non-obviousness), The SCP will further discuss the industrial applicability (utility), suf- draft SPLT, based on revised draft ficiency of disclosure and the struc- provisions to be prepared by the ture and interpretation of claims. Secretariat, at its next session, to be held in Geneva during the first half This initial round of discussions, of November. designed to promote better under- standing of the concepts underlying ◆ 14 REFORM OF THE PCT WIPO Magazine/July-August 2001

The Committee on Reform of the In his opening remarks, WIPO ◗ Avoidance of unnecessary dupli- Patent Cooperation Treaty (PCT) met Director General Dr. Kamil Idris cation of work carried out by for the first time from May 21 to 25 noted that the Committee was to PCT authorities and by national take a fresh look at the PCT at a time and regional industrial property when there was a prevailing dyna- offices; mism for improving systems of ◗ Assurance that the system works obtaining patents internationally. In to the advantage of all offices, this regard, he made specific refer- regardless of their size; ence to the recently concluded ◗ Maintenance of an appropriate Patent Law Treaty (PLT) and current balance between the interests of discussions in the Standing Com- applicants and third parties, also mittee on the Law of Patents (SCP) to taking into account the interests achieve greater international harmo- of States; nization of the substantive aspects of ◗ Expansion of programs for tech- patent laws. nical assistance to developing countries, especially in the area It is recalled that the remarkable of information technology; success of the PCT in terms of the ◗ Assurance that maximum advan- number of applications filed (nearly tage is taken of modern informa- in Geneva to launch a process 91,000 in 2000) and the number of tion and communications tech- aimed at streamlining and simplify- member States (112) had led to dif- nology, including the establish- ing the highly successful PCT inter- ficulties for international search and ment of common technical and national filing system for patents. examination authorities to meet the software standards for electronic The PCT enables inventors to apply demand for their services. filing and processing of PCT for patent protection in up to 112 applications; countries by submitting a single The Committee agreed that reform ◗ Coordination of PCT reform with international application. The Com- of the PCT system should pursue ongoing substantive harmoniza- mittee seeks to improve the efficien- these general objectives: tion work being undertaken by cy of this global filing system and to WIPO’s Standing Committee on facilitate the ability of inventors and ◗ Simplification of the system and the Law of Patents and alignement applicants to obtain patents world- streamlining of procedures; of the PCT, as far as possible, with wide. ◗ Reduction of costs for applicants, the provisions of the PLT. bearing in mind the differing needs of applicants in industrial- ized and developing countries, including individual inventors and small and medium-sized enterprises as well as larger cor- porate applicants; ◗ Assurance that PCT authorities can handle their workload while maintaining the quality of servic- es provided; BROADCASTERS’ RIGHTS 15 TOP COMMITTEE’S AGENDA WIPO Magazine/July-August 2001

Organizations representing broad- casters stressed that piracy – the unauthorized distribution of inter- cepted broadcasts or transmissions Photo: Mercedes Martínez Dozal – is a growing problem in many countries. The Committee analyzed and discussed the issue with a view to clarifying the protection needed based on the views of the different groups of stakeholders, including broadcasters, other right owners and the general public.

The Committee also briefly dis- cussed the protection of so-called non-original databases. Collections of data such as telephone books are Kenyan participants and In the light of a growing piracy not generally considered to be suffi- Mr. Kemper (WIPO) problem in many parts of the world, ciently original to qualify for copy- protection of the rights of broadcast- right, however they may still require ing organizations topped the agen- some protection, as they can be da of the fifth session of the WIPO very expensive to compile, but easy Standing Committee on Copyright to copy and disseminate, for exam- and Related Rights (SCCR) from May ple over the Internet. The substan- 7 to 11. Meeting participants reiter- tive work of the Committee on this ated their commitment to strength- issue depends on developments in ening existing protection in view of national legislation and on the final- transmissions using new technolo- ization of studies on the economic gies, including the Internet and cable and social impact of such protection and satellite television. in developing and least-developed countries.

◆ 16 PLAN OF ACTION FOR ARAB REGION WIPO Magazine/July-August 2001

WIPO organized a sub-regional The meeting participants discussed The participants asked WIPO in its seminar on the collective manage- the improvements required in the work to take into account the spe- ment of copyright and related rights legal framework of their countries as cific needs of their countries. They well as the need for computeriza- stressed that development and mod- tion and training to establish a ernization of the collective manage- strong collective management sys- ment system should be part of a Photo: Arttoday.com tem for copyright and related rights. plan with defined objectives, con- At the end of the meeting, the coun- trols and anticipated results. try representatives submitted the plan of action highlighting the three areas to WIPO. They identified the training of the decision-makers and administrators in the government through the WIPO Worldwide Academy (WWA) as essential, since the success of the plan of action is dependent on government support. in Rabat from May 15 to 17 in coop- eration with the Government of Among the areas requiring action, Morocco and the French Ministry of the meeting participants listed the Foreign Affairs. As a result of the following: meeting, representatives from Algeria, Egypt, Lebanon, Morocco ◗ Development of a strong legal and Tunisia developed a plan of system assuring full protection of action outlining the activities copyright and related rights; required to improve the collective ◗ Provision of the legal structure management of copyright in their needed by collective manage- region. ment societies to administer the rights of their members; ◗ Development of computer sys- tems to improve the collective management of rights; ◗ Training of personnel in the use of the systems; ◗ Introduction of a distance learn- ing program for rights owners and collective management socie- ties with emphasis placed on the importance of legal protection and the implementation of the mass management of rights by collective management organi- zations. ADVISORY PANEL 17 ON PRIVATIZATION WIPO Magazine/July-August 2001

In its final report submitted at the The Panel’s research revealed a strong ment of intellectual property, and in end of May, the WIPO ad hoc tendency towards under-valuation undertaking training and human Advisory Panel on Privatization of such assets in the privatization resources development programs. called on the Organization to assist process. This tendency stems from The Panel also saw a need for its member States to realize better a variety of factors, including the increasing awareness of the impor- the value of intellectual property inadequacy of internationally ac- tance of a systematic and periodic assets of State-owned companies cepted standards and methodolo- intellectual property audit. In addi- facing privatization. The final report gies for the valuation of intellectual tion, the Panel suggested that WIPO to WIPO Director General Dr. Kamil property assets. At present, there is a consider developing appropriate Idris marked the end of the Panel’s perceptible gap in the international guidelines for the identification, year-long work and emphasized that assistance available to countries to audit and valuation of intellectual it was particularly important for promote better understanding of the property assets. developing countries to maximize interface between intellectual prop- the value of these assets. erty and privatization, especially in The Panel also suggested that WIPO auditing and valuing intellectual should take an important role in The Panel highlighted the relevance property assets. enhancing inter-agency cooperation of privatization to the economies of with relevant intergovernmental and all WIPO member States. For devel- The Panel found that, given its neu- non-governmental organizations, oping countries in particular, priva- tral and objective role, WIPO has an governments, industry and experts tization is at the heart of policies for important role to play in responding in developing suitable accounting macro-economic management, fiscal to the acutely felt need of many procedures for valuation of intellec- consolidation and improved pro- member States for assistance in tual property assets. More impor- ductivity and efficiency of public appropriately valuing intellectual tantly, the Panel considered that sector enterprises, and has a direct property assets during privatization WIPO is well placed to assist mem- bearing on the growth of gross and post-privatization phases. ber States in developing a suitable domestic product (GDP) and the policy and implementation frame- reduction of poverty. It is therefore Recommendations work for intellectual property man- extremely important that countries agement and enforcement and inte- are able to maximize the value of The Panel urged WIPO to work to grating it in the general economic the intellectual property assets of enhance awareness of legal, eco- and industrial strategy, particularly State-owned companies that are nomic and procedural aspects of in relation to the privatization of being privatized. the privatization process among its State-owned enterprises. member States. Among the recom- mendations was that the Organi- ◆ zation offer intellectual property- related technical assistance to mem- ber States, for instance in developing inventories of existing intellectual property assets, in effective manage- 18 REVIEW OF INFORMATION TECHNOLOGY

WIPO Magazine/July-August 2001 STANDARDS

The meeting reviewed the SDGW’s The SCIT was reformed in January program and discussed a number of 2001 in response to a need for priority matters relating to the revi- greater flexibility in the operation of sion of WIPO electronic data pro- the Committee. It was then decided cessing standards. The Working to fine-tune the Committee’s man- Group adopted one new WIPO date and operations of by concen- standard relating to the unique trating on issues of policy guidance identification of patent documents. and technical advice. Consequently, It also took steps to improve the the work of the Committee was quality of the bibliographic data divided between two working contained in patent documents ex- groups: the new IT Projects changed between industrial proper- Working Group (ITPWG) and the ty offices by revising three existing SDWG (see WIPO Magazine March The Standards and Documentation WIPO standards associated with 2001). Working Group (SDWG) of the publication numbers, the layout of Standing Committee on Information bibliographic information and doc- ◆ Technologies (SCIT) moved forward ument references. The SDWG also in reviewing standards associated considered the scope of its involve- with the recording, storage, ment in elaborating a WIPO stan- exchange and retrieval of patent dard for electronic-filing, processing and other intellectual property and storage of patent applications. information at its meeting from May 28 to 30. Such standards play a cen- The Working Group further ap- tral role in facilitating access to proved the establishment of an patent information, particularly in e-forum on WIPO’s web site to facil- the light of the steep rise in the itate approval of the report of the number of patent documents meeting. This also meant that it was processed by industrial property possible to considerably reduce the offices around the world. length of the meeting, as otherwise the draft report would have had to be approved by delegates before the end of the meeting. CALENDAR 19 of meetings WIPO Magazine/July-August 2001

SEPTEMBER 3 TO 7 To follow-up on the International The Committee will continue its GENEVA Conference of September 1999, the work on further harmonization and Information Technology Projects WIPO Second International Confer- other issues relating to patent law. Working Group (First session) ence on Electronic Commerce and Intellectual Property will address Invitations: As members, the States The Working Group will focus on the latest developments in e-com- members of WIPO and/or of the Paris establishing its working methods merce and intellectual property - Union; as observers, other States and work program. legal, technical and policy-orientat- and certain organizations. ed. Invitations: As members, the States NOVEMBER 12 AND 13 members of WIPO and the Paris Invitations: Participants from the GENEVA Union; as observers, certain organ- public and private sectors and gov- WIPO Workshop for Arbitrators izations. ernment officials. An annual event for all parties inter- SEPTEMBER 11 TO 14 SEPTEMBER 24 TO OCTOBER 3 ested in WIPO arbitration proce- GENEVA GENEVA dures. Working Group on Constitutional Assemblies of the member States of Reform (Fourth session) WIPO (Thirty-sixth series of meet- Invitations: Open to interested par- ings) ties, against payment of a fee. The Working Group will continue its work based on the results of its All bodies of the Assemblies of the NOVEMBER 14 third session (March 6 to 9, 2001). member States of WIPO will meet in GENEVA ordinary session. WIPO Workshop on Domain Name Invitations: As members, the States Dispute Resolution members of WIPO and of the Paris Invitations: As members, the States and Berne Unions. members of WIPO; as observers, An event for all parties interested in other States and certain organiza- WIPO Internet domain name dis- SEPTEMBER 17 TO 19 tions. pute resolution. GENEVA Program and Budget Committee OCTOBER 15 TO 19 Invitations: Open to interested par- (Fourth session) GENEVA ties, against payment of a fee. Standing Committee on the Law of The Program and Budget Committee Trademarks, Industrial Designs and NOVEMBER 26 TO 30 is invited to advise on the revised Geographical Indications (SCT) GENEVA draft Program and Budget for 2002- (Seventh session) Standing Committee on Copyright 2003. It will also be invited to make and Related Rights (SCCR) (Sixth recommendations on the new con- The Committee will continue its session) struction. work based on the results of its sixth session. The Committee will continue its Invitations: As members, the States work based on the results of its last members of the Program and Budget Invitations: As members, the States session, in particular on matters Committee, as observers, all Member members of WIPO and/or of the Paris concerning the protection of rights States of WIPO which are not mem- Union; as observers, other States and of broadcasting organizations. bers of the Committee. certain organizations. Invitations: As members, the States SEPTEMBER 19 TO 21 NOVEMBER 5 TO 9 members of WIPO and/or of the GENEVA GENEVA Berne Union, and the European WIPO Second International Confer- Standing Committee on the Law of Community; as observers, other States ence on Electronic Commerce and Patents (Sixth session) and certain organizations. Intellectual Property ◆ 20 WIPO Magazine/July-August 2001 PRODUCTS Purchase publications on-lineat: Download freeinformationproducts at: free ofcharge (Spanish) No.441(S), (French) No.441(F), WIPO Annual Report2000 free ofcharge (Spanish) No.400(S) (Portuguese) No.400(P), (French) No.400(F), (English) No.400(E), General Information2001 Property Organization (WIPO): World Intellectual 100 Swissfrancs (French/English) 500(F/E), (English/French) No.500(E/F), (French) No.500.1(F), (English) No.500.1(E), Order in Alphabetical Part I:ListofGoodsandServices (effective January 1,2002) Eighth Edition Marks (NiceClassification) Purposes oftheRegistration of Goods andServicesforthe International Classificationof 35 Swissfrancs (English/French) No.601E/F, industrielle mai2001 nationales delapropriété Répertoire d’administrations Offices May2001 Regional IndustrialProperty Directory ofNationaland 35 Swissfrancs (English/French) No.619E/F, mai 2001 nationales dudroit d’auteur Répertoire d’administrations Administrations May2001 Directory ofNationalCopyright (b) thefulladdress formailing;(c)themailmode(surface orair). 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WIPO Publication No. 121 (E) ISSN 1020-7074