WIPO Magazine, Issue No. 7-8, 2001
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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 N 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. 4 WIPO Magazine/July-August 2001 There are a number of areas in information technology relation- ships, such as those that character- WIPO Arbitration ize the ASP model, out of which dis- and Mediation putes might arise, including soft- Center ware or hardware performance, quality or function, project manage- Established in 1994, the Geneva- ment performance, copyright and based WIPO Arbitration and proprietary rights infringement, Mediation Center has rapidly service failure and loss of data or developed a reputation for provid- data integrity. Because of the one- ing dispute resolution services to-many delivery model, an ASP’s relating to the Internet and elec- liability exposure in each of these tronic commerce. Aside from and other areas is multiplied several- offering traditional arbitration and fold. Particularly in a cross-border