1 Table of Contents WIPO Magazine /October 2001 2 w Electronic Commerce and Intellectual Property 4 w Second Report on Domain Names 6 w WIPO - SECIB Discuss Future Collaboration 7 w FOCUS Project 8 w PCT: Electronic Filing Takes Shape 10 w The Collection of Intellectual Property Laws & Treaties 12 w Cooperation for Development Promoting IP in the Asia and Pacific Region PCT Seminar in Mali 14 w WIPO’s Russian Website 15 w Calendar of Meetings 16 w New Products 17 w Update: The WIPO Internet Treaties Geneva, October 2001 2 ELECTRONIC COMMERCE AND INTELLECTUAL PROPERTY WIPO Magazine /October 2001 vances in the digital environment. He noted that these advances present challenges and opportuni- ties to all those who create, distrib- ute and consume works of intellec- tual property in the global market place. The Digital Divide WIPO Director General Dr. Kamil ments in domain names, business Idris opened the Organization’s methods, patents, branding online, The Director General also ad- Second International Conference and digital rights management sys- dressed the issue of the digital di- on Electronic Commerce and Intel- tems. Experts from around the vide – that is, the discrepancy be- lectual Property in Geneva on Sep- world – some speaking to the con- tween those who have access to tember 19 by noting both the chal- ference via live videoconferencing technologies such as the Internet lenges and opportunities presented – explored the issues of privacy on and those who do not. “We are well by the evolving nature of the the Internet, digital cultural heri- aware that the Internet is not yet Internet and calling for a renewed tage, and how new information truly the global medium it has the commitment to bridging the digital technologies are shaping the deliv- potential to be,” Dr. Idris said. divide. ery of intellectual property services. “Although the online population has grown to 460 million users this The three-day gathering brought While recognizing that connectiv- year, only about 6 percent of the together some 500 representatives ity is still available to relatively few, world’s population is currently from industry, government and the speakers at the conference under- online. Our commitment is, within general public to discuss how rapid lined the huge potential of the the scope of our mandate, to help technological, commercial, and le- Internet for development and bring all peoples online and to re- gal developments in e-commerce wealth creation for all peoples. The alize the wealth of potential that is are affecting the intellectual prop- emergence of digital technologies, offered by the digital media.” He erty system. several speakers noted, has pio- mentioned as an example of neered significant changes to the WIPO’s efforts in this area the The conference covered a wide va- social, cultural and economic en- WIPONET Project, which aims to riety of issues including creation, vironment in which works of the provide online services to 320 in- ownership, and identity online as human mind are created, dissemi- tellectual property offices in 177 well as the question of governance nated, accessed and enjoyed. member States. of the Internet. Workshops during the three-day conference focussed Dr. Idris pointed out that these Speakers at the plenary session on on music, films and publishing changes are reflected in a parallel the final day of the conference con- online, as well as recent develop- evolution taking place in the field tinued discussions on the theme of of intellectual property, as the tra- the digital divide. Mr. Ramiro Soto ditional intellectual property sys- tem adjusts to technological ad- 3 WIPO Magazine /October 2001 Platero of the National Chamber of “A safe and reliable environment is Commerce, Uruguay, and Mr. Joseph a precondition for widespread elec- O. Okpaku, President and Chief tronic commerce,” noted Minister Executive Officer of Telecom Africa Lindén. “The fact is that we all – Corporation, Nigeria, provided all the states, communities and in- concrete examples of the need for Dozal Photo: Mercedes Martínez dividuals in the world – hold the further access to the Internet in their key to the future development of regions. the Internet as a market place. Elec- tronic commerce involves global Online Issues problems, for which we have to find global solutions.” Finland’s Minister of Education and Culture, Ms. Suvi Lindén, noted that given the universal nature of the WIPO webcast the conference Internet, special attention must be on its website and will publish paid to ensuring respect for cultural a multimedia CD-ROM of the diversity. She said that while elec- Ms. Suvi Lindén, event. All papers and presenta- tronic trade in intellectual property Finland’s Minister tions from the conference are of Education and Culture can provide universal access to ar- available in their original lan- tistic and cultural products, “it is guages on the WIPO website vital to bear in mind that the com- fering viewpoints of musicians, (www.wipo.int). The presenta- modity protected by intellectual music publishers, and media com- tions will be included on the property rights which is sold and panies that produce and distribute CD-ROM as well, together with bought on the net is very much the music. Representatives from AOL curricula vitae and filmed inter- product of culture. Culture gener- Time Warner, the International Fed- views. ates creativity, individualism and eration of Musicians and the Inter- identity, which are all needed for national Federation of Music Pub- ¨ innovation and new product devel- lishers led those discussions. opment.” Building Trust and Such issues regarding cultural heri- Confidence tage online were further discussed in workshops throughout the con- One of the key themes revisited by ference. A session on the new .mu- speakers throughout the conference seum top-level domain featured a was the need to build trust and con- presentation from the Center for fidence in the e-commerce environ- Arab and Mediterranean Music in ment, on issues ranging from dis- Tunis, and a workshop on music pute resolution to rights manage- online featured the sometimes dif- ment to privacy. 4 SECOND REPORT ON DOMAIN NAMES WIPO Magazine /October 2001 (ICANN). Since then, the UDRP has w personal names (in particular, provided the means for solving thou- names of individuals who are sands of conflicts relating to targets of abusive registration cybersquatting on the Internet. The because they are distinguished report of the first WIPO Process or famous); noted that certain issues relating to w geographical identifiers, nota- intellectual property remained un- bly, indications of geographical resolved, insofar as they relate to the source used on goods, geo- use of other identifiers in the domain graphical indications and other name system. geographical terms; and w trade names (a name adopted by The Organization launched the a business enterprise to identify After a year of international consul- Second Domain Name Process a itself, as opposed to its various tation, WIPO has released its Re- year ago when a group of countries goods and services (for which port on the Second Domain Name asked WIPO to initiate a fast-track trademarks are used)). Process, which contains recom- international consultation to ad- mendations dealing with the mis- dress the outstanding issues (see The Second WIPO Process Report use of certain names and identifi- WIPO Magazine September 2000). produces considerable evidence of ers in the Internet domain name WIPO’s study addressed the abu- the registration and use of these system (DNS). The report finds that sive registration as domain names names and identifiers as domain the international legal framework of the following: names by persons who are uncon- for protection in the naming sys- nected with the naming systems in tems examined is not yet fully w International Nonproprietary question. WIPO has made recom- developed. It calls upon the inter- Names (INNs) for pharmaceuti- mendations in respect to each of national community to decide cal substances; (unique and dis- these issues in the report. whether to address these shortcom- tinctive names of pharmaceuti- ings and establish a complete legal cal substances that are selected Recommendation on INNs basis for dealing with offensive by the World Health Organiza- online practices pertaining to the tion (WHO), and maintained as A simple mechanism should be es- naming systems concerned. generic names free from private tablished to protect INNs against rights in order to protect the identical domain name registra- WIPO’s first Internet Domain Name safety of patients worldwide); tions. This administrative system Process, focusing on the protection w names and acronyms of interna- would operate when any interested of trademarks, led to the implemen- tional intergovernmental organi- party notifies WIPO that a domain tation of the Uniform Dispute Reso- zations (IGOs) ; (which are pro- name registration is identical to an lution Policy (UDRP) in December tected against use and registra- INN. WIPO, in conjunction with 1999 by the Internet Corporation for tion as trademarks by the Paris WHO, would verify that fact and Assigned Names and Numbers Convention and TRIPS Agree- notify ICANN and, in turn, the ap- ment); plicable registrar, that the domain name registration should be can- celled. 5 WIPO Magazine /October 2001 sensitivities are offended by the reg- Recommendation on istration of personal names as do- Trade Names main names by persons uncon- nected with the person in question, It is not recommended that action there are no existing international be taken in the area of trade names norms dealing with protection of because, although international personal names per se that can be norms exist for their protection, simply reflected in the domain name fundamental problems remain in space. identifying what can be protected as a “trade name” across different Recommendation on countries and, as with geographi- Geographical Indications cal indications, complex choices Recommendation on would need to be made on appli- Names of IGOs The international framework in this cable law in a global medium.