Adoption of the draft Rules of Procedure
Highlights of New WIPO Activities
WIPO's Assistance to Developing Countries in the Field of Electronic Commerce: Progress Report
1. Convened by the Director General, the first session of the WIPO Permanent Committee on Cooperation for Development Related to Intellectual Property ("the Committee") met at the headquarters of WIPO in Geneva from May 31 to June 4, 1999.
2. The following Member States of WIPO were represented at the meeting: Algeria, Angola, Argentina, Australia, Austria, Bahrain, Bangladesh, Bosnia and Herzegovina, Brazil, Burundi, Canada, Chile, China, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Ethiopia, France, Gabon, Germany,Ghana, Guatemala, Hungary, India, Indonesia, Iran (Islamic Republic of), Iraq, Italy, Jamaica, Japan, Jordan, Kenya, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Lithuania, Madagascar, Malaysia, Mali, Malta, Mauritius, Mexico, Morocco, Mozambique, Netherlands, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Rwanda, Saudi Arabia, Senegal, South Africa, Spain, Sri Lanka, Sudan, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Tunisia, Uganda, Ukraine, United Kingdom, United States of America, Uruguay, Venezuela, Zimbabwe (82).
3. The following intergovernmental and international non-governmental organizations were represented in an observer capacity: African Intellectual Property Organization (OAPI), African Regional Industrial Property Organization (ARIPO), Benelux Designs Office (BBDM), Benelux Trademark Office (BBM), Commission of the European Community (EC), European Patent Office (EPO), League of Arab States (LAS), Organisation Internationale de la Francophonie (OIF), United Nations (UN) and World Trade Organization (WTO). Association of European Performers' Organisations (AEPO), International Association for the Protection of Industrial Property (AIPPI), International Federation of Musicians (FIM), International Federation of Reproduction Rights Organizations (IFRRO), International Music Council (IMC), International Publishers Association (IPA), Max Planck Institute for Foreign and International Patent, Copyright and Competition Law (MPI) and Sociedad General de Autores de la Argentina (ARGENTORES) (18).
4. The meeting was opened by the Deputy Director General of WIPO, Mr. Roberto Castelo, on behalf of the Director General.
5. The Committee appointed Mrs. Thu-Lang Tran Wasescha (Switzerland) as Chairperson and Mrs. Sonali Wijeratne (Sri Lanka) and Mr. Boaventura Afonso (Mozambique) as Vice Chairpersons. Mr. Afonso acted as Chairperson on June 2, 1999. Mrs. Carlotta Graffigna, Director Advisor, WIPO, acted as Secretary.
6. The Provisional Agenda contained in document PCIPD/1/1 was adopted with the addition of an item entitled "Other Matters."
Adoption of the draft Rules of Procedure
7. Discussions were based on document PCIPD/1/2. The item was introduced by an official of the WIPO Legal Counsel Office, Mr. Edward Kwakwa.
8. The Committee decided that its Rules of Procedure shall consist of the General Rules of Procedure of WIPO, supplemented by the provisions set forth in the Annex of document PCIPD/1/2. Pursuant to those provisions, the Committee shall be composed of all Member States of WIPO.
9. The Delegation of Spain paid a special tribute to Mr. Carlos Fernández Ballesteros, former Assistant Director General of WIPO, for the contribution given to the development cooperation activities of WIPO in the area of copyright and related rights in the Iberoamerican region during his office. He also mentioned the precious contribution of Mrs. María Victoria Oramas.
Review of Activities Undertaken by WIPO from January 1, 1996, to March 30, 1999, in Relation to the Implementation of the TRIPS Agreement
10. Discussions were based on document PCIPD/1/3. The document was introduced by the Deputy Director General, Mr. Roberto Castelo, the Directors of the four Regional Bureaus (Mr. Ernesto Rubio, for Latin America and the Caribbean, Mr. Narendra Sabharwal, for Asia and the Pacific, Mr. Geoffrey Onyeama for Africa, and Mr. Sherif Saadallah, for Arab States) and the Director of the Cooperation for Development (Law and Industrial Property Information) Department, Mr. James Quashie-Idun.
11. All the delegations which took the floor on this item congratulated the Chairperson and the Vice Chairpersons on their election. They also expressed their appreciation to the International Bureau for the quality of the working documents submitted to the Committee and of the introductory statements of the Deputy Director General and the Directors mentioned above.
12. Many delegations expressed their gratitude for the assistance received from WIPO during the period under review, and expressed the wish that it should continue and expand in the future. They also underlined the importance of intellectual property as an essential factor for economic, technological and cultural development.
13. A number of delegations referred to the Joint Initiative launched in July 1998, by the Director General of WIPO and the former Director General of WTO as an effective framework for assisting developing countries in complying with the obligations of the TRIPS Agreement before the January 1, 2000 deadline.
14. Several delegations expressed their appreciation to the International Bureau for extending its developing cooperation activities to new target groups such as judges, lawyers, police, customs and universities, and recommended that these groups should be increasingly involved in the implementation of those activities.
15. The Delegations of Australia and Canada stressed the importance of ensuring the relevance and cost-effectiveness of development cooperation activities through appropriate planning and state-of-the-art management. They also supported the identification of appropriate performance indicators to allow for an evaluation of the impact of the said activities.
16. The Delegation of Bangladesh commended WIPO on its ongoing efforts and new initiatives, particularly in relation to human resource development, increased assistance to least developed countries (LDCs), protection of folklore and traditional knowledge, collective management of copyright and related rights, and the intellectual property implications of electronic commerce. The Delegation suggested a number of possible new initiatives, including training programs specifically designed for LDCs, further strengthening of the WIPO special Unit for LDCs and the protection of handicrafts. It also expressed interest for further assistance in the area of copyright and related rights in the light of the recent accession of its country to the Berne Convention. Finally, it suggested that WIPO should be closely associated with preparations for, and actively participate in, the Third WTO Ministerial Meeting to be held in Seattle at the end of 1999, the UNCTAD Meeting to take place in Bangkok in February 2000, and the United Nations Conference on LDCs planned for the year 2000.
17. The Delegation of India underlined the importance that its Government attached to an effective intellectual property system for promoting inventive activity, trade and the transfer of technology. India had taken steps to restructure and strengthen its industrial property system including a 20 million US dollars program for the modernization of its Patent Office, and amendment of its laws to comply with TRIPS obligations. India had acceded to the Paris Convention and the Patent Cooperation Treaty (PCT) in December 1998. It wished to be invited to attend the meetings of the PCT ad hoc Committee. A "Copyright Enforcement Advisory Council" (CEAC) had also been set up. India attached great importance to the development of human resources in the field of intellectual property and continued to pursue activities in this regard. During the reporting period India had hosted several WIPO-sponsored meetings, including a series of national seminars on the PCT and an Asian Regional Seminar on Intellectual Property Rights Issues in the Field of Traditional Medicine. An Asia and Pacific Regional Forum on Intellectual Property Policy Issues for the Next Millennium would be held in New Delhi in July 1999. The Delegation expressed its gratitude to WIPO for its support and expressed the hope for continued assistance and cooperation.
18. The Delegation of Uganda, speaking on behalf of the African Group, supported the new structure of the Cooperation for Development Sector of WIPO. It noted the important role of WIPO in assisting developing countries to meet the challenges triggered by the TRIPS Agreement 2000 and 2006 deadlines. It was appreciative of the WIPO/WTO Joint Initiative and said that this Initiative should be widened to other international organizations, e.g. UNCTAD, to better serve the interests of developing countries. The Delegation also noted with interest the scope of activities undertaken by WIPO in Africa, ranging from human resource development to capacity building, mass awareness, training of trainers aiming at providing local expertise, which would generate interregional exchange. As regards the WIPO Worldwide Academy (WWA), it pointed out the efforts shown in capacity building and expressed the need for curricula to be drawn up for the teaching of intellectual property.
19. The Delegation of Indonesia stated that the effective protection of intellectual property was given high priority by its Government as evidenced by, inter alia, the unification under the responsibility of the Ministry of Justice of the administrative, policy-related and international cooperation aspects of intellectual property, and the enhancement of the structure of the former Directorate General of Copyright, Patents and Trademarks, now renamed as Directorate General of Intellectual Property Rights. Indonesia had benefited from WIPO's assistance in various areas, including revision of existing, and drafting of new, legislation in compliance with the obligations of the TRIPS Agreement, modernization of industrial property administration, and development of human resources. Three draft laws on industrial designs, layout designs of integrated circuits and trade secrets had been prepared with the assistance of WIPO under the framework of a WIPO Nationally-Focused Action Plan (NFAP), and further assistance was expected to be needed in connection with the forthcoming review process of Indonesia legislation within the WTO Council for TRIPS.
20. The Delegation of Japan stated that the compliance of developing countries with the obligations of the TRIPS Agreement before the January 1, 2000, deadline was essential for the healthy development of world trade. Its Government had lent considerable assistance to developing countries in this regard, and 740 officials from 35 Asian and Pacific developing countries had been trained at the Japanese Patent Office in the period under review. Also, the amount of the voluntary contribution of Japan to WIPO's cooperation for development program in the region had been consistently increased and totaled at present 178 million yen (Sfr 2.3 million) per year. Also, Japan had convened an intellectual property expert group within the framework of the Asia Pacific Economic Cooperation (APEC).
21. The Delegation of Switzerland stated that its country attached special importance to WIPO's development cooperation activities and expressed particular appreciation for the excellent cooperation existing between WIPO and WTO in that respect. Such cooperation was of vital importance for developing countries and countries in transition, and represented a prerequisite for a harmonious development of the world economy. In an increasingly globalized economy, economic stability depended from the level of development achieved, the latter depending in turn from access to science and technology.
22. The Delegation of Australia informed the meeting of the development cooperation activities to which its Government had lent its support during the period under review, including an international workshop on the challenges facing small to medium-sized intellectual property offices in the new millennium, an international workshop for LDCs on the implementation of the TRIPS Agreement, a training course on biotechnology protection, and the provision of training and legal drafting expertise. Effective coordination, long-term planning and transparent management of development cooperation activities were of great importance to Australia, as well as the identification of suitable performance indicators allowing an appropriate evaluation of their impact, the progressive achievement of sustainability being a key objective. Subject to available resources, Australia was ready to further contribute to WIPO's development cooperation activities.
23. The Delegation of Jamaica expressed its gratitude to WIPO for its development cooperation activities, particularly in the Caribbean region. The participation of Jamaica in the work of WIPO was directly related to an increasing awareness of the role of intellectual property protection in wealth generation, as well as the need to comply with the obligations of the TRIPS Agreement. The WIPO/WTO Joint Initiative had been instrumental in improving the human, legislative and technical infrastructures of developing countries in the field of intellectual property. The Delegation noted that it may be useful to contemplate the extension of the Joint Initiative beyond January 1, 2000.
24. The Delegation of Cuba referred to the challenge that compliance with the TRIPS Agreement and the implementation of the intellectual property system as a factor of economic, technological, social and cultural development represented for developing countries. In that connection it emphasized the prominent role that the International Bureau had performed and was performing, which had manifested itself in the following areas: development of computer systems; legislative-technical assistance, training of human resources, including not only industrial property office staff but also judges, customs personnel, civil servants and university staff; visits by WIPO experts to give advice and assistance on various subjects, and the holding of events of various kinds. In particular the Delegation expressed its thanks to WIPO for help received with the creation of a service affording online access to the Office's databases from anywhere in the country, and also with the creation of branches of the Industrial Property Office in various provinces of the country, and the consequent decentralization of the system for the filing of applications for the various forms of intellectual property rights. The Delegation mentioned its Government's concern that WIPO should continue with the work undertaken in the field of electronic commerce, biological diversity and biotechnology, folklore, the Global Information Network and the Worldwide Academy.
25. The Delegation of Trinidad and Tobago noted with satisfaction the tremendous breadth of activities that the new Permanent Committee had set itself and singled out cooperation with LDCs as an area of particular relevance. During the period under review Trinidad and Tobago had benefited from WIPO's assistance in various areas, particularly modernization of legislation to comply with the TRIPS Agreement (eight new pieces of legislation had been passed), office automation, and training. Also, WIPO's assistance had allowed the participation of national officials in policy meetings on new issues such as the protection of broadcasting rights, audiovisual performances, databases, and folklore. The Delegation stressed its interest for activities in the area of electronic commerce matters and looked forward to the introduction of intellectual property teaching at the University of the West Indies.
26. The Delegation of Sri Lanka underlined the importance of the protection of intellectual property for technology transfer and development of investments and export trade, in a scenario of globalization of markets and internationalization of economies. The protection of intellectual property rights had become an important component of Sri Lanka's national economic agenda as well as its social, technological and educational policies. It was in this light that WIPO's development cooperation program, of which Sri Lanka has been both a recipient and a partner, had been and continued to be appreciated and needed. Activities in the area of human resource development by the WWA were viewed keenly, particularly the introduction of distance learning courses which could be linked to similar modes in Sri Lanka. The Delegation also expressed interest for WIPO's activities in the areas of protection of traditional knowledge, electronic commerce, the promotion of innovation and creativity, and the WIPONet. These, together with the ongoing assistance and cooperation in the form of the joint annual training course for developing countries of Asia and the Pacific in cooperation with the Intellectual Property Office of Sri Lanka, the modernization of its intellectual property office and access to regular WIPO training activities were viewed as providing Sri Lanka with a very active platform of cooperation with WIPO.
27. The Delegation of Pakistan underlined the crucial role of WIPO's cooperation for development program in supporting developing country legislative and administrative measures for compliance with the TRIPS Agreement. WIPO was also engaged in institution-building and training activities as well as in promoting access to information technology and strengthening linkages among national support systems, and should continue its work in these areas. The Delegation also expressed its appreciation for the assistance that WIPO had provided to its Government particularly in the areas of legislative revision, automation of intellectual property office operations and training, and expressed the hope that it would continue to cooperate with it in these and other priority areas.
28. The Delegation of Jordan expressed its appreciation for WIPO's assistance in respect of, inter alia, modernization of intellectual property legislation, and intellectual property office automation. It looked forward to further assistance from WIPO, in the fields of legislative advice, development of human resources, and institution-building, all of which would assist Jordan in its accession process to the WTO. It also noted that its country had hosted several WIPO workshops and seminars on intellectual property.
29. The Delegation of Angola paid tribute to the former Director of the Africa Bureau,
Mr. Ibrahima Thiam, for the support provided to African countries, in particular Portuguese-speaking countries, and expressed its appreciation to WIPO for the assistance provided to developing countries in the implementation of the TRIPS Agreement. It requested WIPO to organize a national seminar on that subject in 1999. It pointed out that its country was endeavoring to put in place a documentation and information center within the Industrial Property Office. In light of this, Angola had requested WIPO's assistance by way of office automation, publications, and training, most preferably in advanced intellectual property offices of Portuguese-speaking countries. Angola was in the process of reviewing its 1992 Industrial Property Law, and hoped to be able to ratify the Paris Convention before the end of 1999.
30. The Delegation of Canada stressed the importance attached by its country to WIPO's development cooperation activities and placed on record its support to the WIPO/WTO Joint Initiative. The Industrial Property Office of Canada had cooperated with WIPO during the period under review, through, inter alia, the training of developing country officials in management of trademarks operations and information services, the performance of state-of-the-art searches for Latin American countries, and the search and examination of patent applications filed with the Office of ARIPO.
31. The Delegation of the Sudan expressed its appreciation for WIPO's continuing assistance to developing countries, and thanked the Director General for his personal interest and guidance to LDCs. In the age of information technology, there was a need to strengthen the intellectual property system, with the partnership of inventors and innovators, and copyright and related rights owners. Cooperation between Sudan's government and private sector and WIPO was expected to grow and expand in view of the continuous international presence of the Sudan. The Sudan has entered the negotiation process to join the WTO, and would need the assistance of WIPO to review its intellectual property laws to bring them in conformity with the TRIPS Agreement.
32. The Delegation of Côte d'Ivoire stated that its country had benefited from WIPO's assistance, especially in relation to the revision of the Bangui Agreement and the strengthening of national institutions. Three areas needed to be further strengthened, namely, development of human resources (including awareness-raising and specialized training on enforcement), reinforcement of the newly created national information and documentation center, and the enhancement of South-South cooperation. The Delegation also expressed the wish that WIPO's assistance could cover new areas such as traditional medicine, and the protection of geographical indications and expressions of folklore, and that it could formulate and execute projects showing the interaction between intellectual property and economic development.
33. The Delegation of Guatemala expressed its Government's thanks for the assistance received from the International Bureau, mentioning in particular the importance to it of continuing to receive on the one hand support in the form of advice and assistance with intellectual property legislation and computerization, and on the other hand training and further training for the human resources of the Office and other departments and bodies concerned with such issues.
34. The Delegation of Tunisia indicated that intellectual property-related activities were on the increase in its country, due to the awareness of the importance of the subject among policy-makers. Following accesion to the WTO and signature of the European Union Partnership Agreements, Tunisia had revised its intellectual property legislation with the assistance of WIPO. Also, numerous intellectual property workshops and seminars had been organized in the country in cooperation with WIPO, and further activities would be carried out for new target groups such as judges, lawyers, customs, universities and research institutions. The Delegation emphasized that as the TRIPS Agreement January 1, 2000, deadline was approaching, WIPO's assistance was crucial in helping Tunisia to meet its obligations.
35. The Delegation of Burundi supported the statement made by the Delegation of Uganda on behalf of the African Group, and welcomed the approach taken by the African Bureau of WIPO as regards human resource development and capacity-building, especially for LDCs. It also expressed its gratitude to donor countries and organizations which had contributed to WIPO's cooperation for development programs in the period under review.
36. The Delegation of Brazil congratulated WIPO for the activities which it had carried out in cooperation with developing countries in this important period of the history of intellectual property. The National Institute of Industrial Property of Brazil (INPI) was ready to join WIPO's efforts in this area by giving support to other developing countries, particularly in respect of management, training, office automation and promotion of innovation.
37. The Delegation of Lebanon expressed its appreciation for the assistance received from WIPO for the advancement of intellectual property in its country. It noted that the intellectual property in Lebanon had a long tradition of protection. Lebanon was preparing to enter negotiations to join the WTO, and was embarking on a complete revision of its intellectual property law. The first fruit of this revision was the new Copyright Law issued in March 1999, which had been drafted with the assistance of WIPO. Revised legislation relating to industrial property, also being drafted with WIPO's assistance, would hopefully be enacted shortly. The Delegation stated that the training of judges, customs, enforcement officials, and the staff of the Intellectual Property Office was a priority for Lebanon, and that WIPO's assistance would be needed in that respect. Finally, it announced that, with the assistance of WIPO, the teaching of intellectual property law would be introduced shortly in Lebanese universities.
38. The Delegation of the Islamic Republic of Iran stressed the importance that its Government attached to intellectual property protection as manifested in the recent ratification of the Paris Convention by the Islamic Republic of Iran. Implementation of TRIPS and other agreements was very important. However, it should not overshadow other development issues. Human resource development played a key role in promoting self-sustainability and should continue to be addressed and promoted along with transfer of technology and the protection of homegrown or traditional technologies, which are available in developing countries. The Delegation further suggested that WIPO, WTO and other trade-related organizations of the United Nations System should be encouraged to further interact with each other for the increased benefit of developing countries.
39. The Delegation of Sweden reiterated the importance attached by its country to WIPO's development cooperation activities. Sweden had taken an active part in those activities for many years by organizing yearly training courses on industrial property and copyright, respectively, in Stockholm, as well as in the framework of the WIPO state-of-the-art searches and International Cooperation in the Search and Examination of Inventions (ICSEI) programs. Sweden was ready to continue to put its expertise at the disposal of WIPO.
40. The Delegation of China informed the meeting of the accomplishments of its Government in the field of intellectual property protection, and expressed its commitment to further strengthen it in the future. It also underlined the close cooperation developed with, and the assistance received from, WIPO in this regard.
41. The Delegation of Kenya endorsed the declarations made by the Delegation of Uganda on behalf of the African Group. It thanked the African Bureau of WIPO for the assistance given to its country in the field of intellectual property. It said that Kenya had finalized a bill which would soon be passed in Parliament.
42. The Delegation of Costa Rica expressed its Government's support for the WIPO Cooperation for Development Program, emphasizing the efforts made to bring industrial property activities closer to other areas of civil society such as inventors, innovators, scientific research centers, organizations for the collective management of copyright and related rights, which activities had enabled Costa Rica to have trained human resources to help it meet its international intellectual property commitments and thereby benefit from the integration of the country in the world economy. The Delegation announced that the following August would see the entry into force for its country of the Patent Cooperation Treaty (PCT), an international commitment that called for a redoubling of national efforts to promote the best use of intellectual property in the commercial and legal environment in search of the new investment that would reinvigorate the national industry and economy. With regard to heightening perception and awareness of the industrial property culture, the Delegation stressed the importance of the WWA devising training programs for women in the field of intellectual property and management, and working out training programs of legal-technical character for the benefit of officials and lawyers involved with intellectual property, concentrating in particular on topics related to alternative means of settling disputes.
43. The Delegation of Morocco stated that the visit of the Director General of WIPO to Morocco has boosted the cooperation program between Morocco and WIPO, and a two-year Nationally-Focused Action Plan (NFAP) covering industrial property and copyright had been started since. WIPO had organized many activities in Morocco in the past, the last such activity being a four-day roving workshop on intellectual property for judges, the media and the business community. The Copyright Office was restructuring its operations so as to better administer its functions, and was seeking WIPO's assistance in this field. Finally, the Delegation announced that a new law on intellectual property had been enacted, in accordance with all international standards in the field. Certain laws on the protection of artistic works were also in the process of being enacted.
44. The Delegation of the United States of America stated that its Government was committed to a wide-reaching program of development cooperation particularly in support of TRIPS implementation. During the past year, US government agencies including the Patent and Trademark Office (USPTO), the Copyright Office, the Office of the Trade Representative, USAID, the Department of State, Customs Service, the US Information Service and US Information Agency have worked together to assist developing countries to build and strengthen their systems of intellectual property rights protection. During the reporting period, US government agencies had provided development assistance to approximately 57 countries. For example, the USPTO had provided legal and technical assistance in drafting new intellectual property laws being implemented in Brazil, China, Ecuador, Indonesia, Peru, the Philippines and Singapore. The USPTO had also conducted numerous patent examination training seminars for officials from Bulgaria, Egypt, Lithuania and Sri Lanka. In addition, representatives of the US Copyright Office had provided on-site training in the field of general copyright law as well as rights to audiovisual works. The US Copyright Office had also co-sponsored with WIPO the annual International Copyright Institute in Washington, D.C., for participants from all over the world. Numerous other seminars, training courses, and information programs had been provided by US intellectual property specialists over a wide range of topics. In short, the United States placed a high priority on assistance to developing countries and countries in transition in their efforts to advance intellectual property rights protection. Finally, the Delegation recognized the initiative to promote innovation and creativity in developing countries and the parallel WTO/WIPO Joint Initiative. TRIPS-consistent protection of intellectual property rights was essential to supporting innovation and creativity, and was one of the cornerstones of any successful development strategy.
45. The Delegation of France expressed its appreciation to WIPO for the quality and quantity of the development cooperation activities undertaken during the period under review. It reiterated the importance attached by its Government to WIPO's action in this area and expressed the wish that it should continue and intensify. In the industrial property area, the French National Industrial Property Institute (INPI) had continued to cooperate with WIPO through, inter alia, the organization of seminars and other meetings, the provision of experts and the development of human resources. The Government of France was planning to organize in cooperation with WIPO a special training program on enforcement of intellectual property rights for judges from developing countries of civil law tradition. It intended to propose a pilot project to promote the use of patent documentation as a source of technological information, and was ready to cooperate with WIPO in the identification of institutions for carrying out research projects on emerging intellectual property issues and in the preparation of teaching material. It informed the meeting of several other activities carried out by INPI in the period under review, including on the enforcement of intellectual property rights. In the copyright area, France was sponsoring a yearly training program in Paris with the assistance of the private sector. It was ready to further develop its training activities in the copyright area as well as to provide resource persons in emerging intellectual property areas such as information technology. It was also ready to provide technical assistance in the area of collective management of copyright and related rights, and to contribute to the preparation of teaching material in this area.
46. The Delegation of Egypt stated its appreciation for the notable increase in WIPO's activities to assist developing countries in complying with TRIPS obligations, including the WIPO/WTO Joint Initiative. The Delegation noted that the period under review had witnessed a great increase in the number of cooperation activities between Egypt and WIPO, including the organization, in Cairo, of a WIPO Arab Regional Symposium on the Implementation of the TRIPS Agreement, in March 1999, the training of Egyptian officials within the framework of the WWA, institution-building, and legislative advice. It expressed the hope that such fruitful cooperation would continue in the future and expand to other Arab countries. The Delegation reiterated its call on WIPO to establish appropriate follow-up mechanisms for assessing the impact of its development cooperation activities. Egypt considered that special emphasis should be placed in the future on the issue of enforcement of intellectual property rights and looked forward to the holding of a WIPO National Workshop on the Enforcement of Intellectual Property Rights, in Cairo. It was also essential that WIPO assist developing countries in becoming familiar with their obligations under the TRIPS Agreement and benefiting from the provisions of Article 67 of the said Agreement. It also requested WIPO to provide assistance to developing countries in following-up the implementation of the TRIPS Agreement.
47. The Delegation of Panama described the impact of the International Bureau's action in relation to the development of the national intellectual property system, and gave details of some of the achievements of its country in that field during the last four years, such as the creation of the National Copyright Directorate, civil tribunals specialized in intellectual property, intellectual property units within the customs and free-zone administrations, the drafting of a project for the unification of the Copyright and Industrial Property Offices and membership of the WTO in 1997. The Delegation also mentioned the importance of the cooperation given by WIPO in office automation, the training of human resources and electronic commerce. Finally, it said that the legislation of Panama was consistent with the provisions of the TRIPS Agreement, and that its Government had taken the necessary steps towards incorporating the provisions of the new WIPO treaties in it.
48. The Delegation of Peru referred to the importance that its Government attached to the institutional strengthening of Peruvian organizations concerned with the protection and promotion of intellectual property, and the promotion of an intellectual property culture. With regard to other areas, it underlined the valuable WIPO contribution to the development of the human resources of the National Institute for the Defense of Competition and Intellectual Property (INDECOPI) in the various sectors of intellectual property, in the training of judges and lawyers, in the organization of seminars and conferences designed to publicize the latest advances in the intellectual property field, including the valuation of intangible assets, the protection of traditional knowledge and the holding of competitions for inventors, journalists and publishers concerned with intellectual property. The Delegation ended by pointing out the essential role of the International Bureau in the promotion of innovation and creativity and also in the promotion of the protection of traditional knowledge, those being areas that its Government regarded as deserving close attention in the interest of the economic development of Peru.
49. The Delegation of Uruguay expressed thanks for the firm support received from WIPO in the establishment of a modern national system of intellectual property with highly qualified officials, especially in the trademark sector. It also highlighted the importance of WIPO's human resources training programs, the use of new training methods as a fundamental tool in the process of heightening awareness right across the social spectrum of a country and thereby strengthening the national intellectual property system. Finally, it emphasized the fundamental role played by WIPO as a specialized agency and vital reference in the system of multilateral international relations.
50. The Delegation of Saudi Arabia expressed its appreciation for WIPO's cooperation and assistance, and stressed the importance for these activities to grow and continue, through providing technical advice and the undertaking of frequent expert missions. It called for increased activity in relation to awareness-building campaigns, development of human resources, and providing legislative advice. This increase would come at a time when Saudi Arabia was close to joining the WTO, and faced great time pressures to complete the revision of its intellectual property law. Legislative drafting committees had been established and workshops and seminars had been organized to that end. The Delegation stated that despite national and regional (through the Gulf Cooperation Council (GCC) Patent Office) efforts, WIPO's expertise and advice was still required. It also stated that WIPO should attach importance to the use of the Internet as a tool for providing technical assistance.
51. The Delegation of Portugal stated that its country had cooperated with several Portuguese-speaking countries of Africa by receiving trainees in Lisbon and by providing experts for advisory missions on awareness raising, legislation, and modernization of industrial property offices. It added that WIPO's cooperation with these countries should be reinforced, and reiterated the readiness of its country to contribute thereto.
52. The Delegation of the Philippines informed the meeting of the modernization program being pursued by the Intellectual Property Office (IPO) in the Philippines. It included: information technology-based projects such as Internet-based patent and trademark databases and search systems; restructuring of the IPO to give new impetus to enforcement of intellectual property rights and to enable the use of information technology for intellectual property administration; implementation of the first-to-file system in patent applications; and preparation of new laws on protection of plant variety and layout designs for integrated circuits.
53. The representative of the WTO expressed his appreciation for the scope and quality of the assistance provided by WIPO in relation to the implementation of the TRIPS Agreement. Such assistance was based on the Cooperation Agreement signed by WIPO and WTO in 1995, and had intensified through the Joint Initiative launched in July 1998, by the Director General of WIPO and the former Director General of WTO.
54. The representative of OAPI announced that a WIPO pilot project for extending the WIPONET to the Office of OAPI and its national liaison structures was expected to be operational in the coming weeks. WIPO was also assisting OAPI in the renovation of its telephone communication infrastructure. OAPI had benefited from the assistance of WIPO and other national and international organizations in connection with the revision of the Bangui Agreement, and further assistance was now needed to prepare the necessary implementing regulations. He further supported the WWA project of distance learning, and said that OAPI also wished to set up video conference facilities.
55. The representative of ARIPO thanked WIPO for the assistance it had provided in relation to the revision of the Harare Protocol on Marks and the Banjul Protocol on Patents. They were now in conformity with the TRIPS Agreement and the WIPO Trademark Law Treaty (TLT). He stated that the process of implementation of the TRIPS Agreement had boosted harmonization of national legislation of ARIPO member States. He also mentioned ARIPO's contribution to WIPO's development for cooperation program in particular with respect to provision of resource persons in the region. He requested further assistance in relation to enforcement of intellectual property rights, possibly in cooperation with the World Customs Organization (WCO) and the WTO, and the training of trainers.
56. The representative of the EPO stated that his organization was a successful example of multilateral cooperation, and with more than 2,000 specialized staff possibly represented the largest scientific pool in Europe. This pool was not only concerned with the granting of patent protection but also with the increased utilization of patent information as a source of technological information. The EPO and WIPO had been cooperating for several years in providing technical assistance to developing countries. Such cooperation mainly focused on the joint organization of training programs, and the provision of experts for advisory missions in specialized patent areas, particularly patent examination. The EPO also provided free of charge patent information products on CD-ROM.
57. The representative of the BBM referred to the training course on the administrative aspects of patents and trademarks which had been organized yearly by the BBM in cooperation with WIPO, the EPO and the Industrial Property Office of the Netherlands. The BBM had also contributed to WIPO's development activities through practical attachments and study visits by developing country officials in the area of trademark and industrial design administration.
58. The representative of AEPO expressed the appreciation of his organization for the establishment, within the International Bureau, of a new Division on Collective Management of Copyright and Related Rights. AEPO attached great importance to developing cooperation activities in the area of collective management and had already cooperated with WIPO in the African Region. It was ready to associate itself with WIPO to further intensify that cooperation.
59. In conclusion, the Committee noted with appreciation the information contained in document PCIPD/1/3.
Highlights of New WIPO Activities
(i) Development of Human Resources and the WIPO Worldwide Academy
60. Discussions were based on document PCIPD/1/4. The item was introduced by the Acting Director of the WIPO Worldwide Academy (WWA), Mr. Mpazi Sinjela. The Head of the Distance Learning Section of the WWA, Ms. Francesca Toso, presented, on an IT medium, the first distance learning introductory course on intellectual property which was disseminated via the Internet.
61. All the delegations which took the floor congratulated WIPO for the establishment of the WWA.
62. The Delegation of the United Kingdom commended the WWA for an interesting presentation. It noted that the United Kingdom Patent Office attached great importance to training of human resources. It referred to the existence of a two-year Intellectual Property Diploma Program in the United Kingdom offered in conjunction with the University of Wales. In addition, the United Kingdom Patent Office ran several programs and seminars on intellectual property for the United Kingdom Patent Office staff and for patent and trademark agents, small and medium-sized companies and for many visitors from overseas patent offices. It emphasized that good training was as important as legislation itself and that this was an issue for both developed and developing countries.
63. The Delegation of Japan supported the activities of the WWA, which comprehensively dealt with assistance to the developing countries. It proposed that a meeting should take place between the WWA and industrialized countries to exchange information so as to avoid duplication. The Delegation stressed the importance of evaluation and requested clarification concerning the evaluation techniques used to assess results achieved. The Delegation expressed its support for the WWA, stressed the importance of developing appropriate evaluation criteria for its activities, and expressed the hope that they should continue to be coordinated with those organized on the bilateral level by industrialized and other countries. It also suggested that WIPO should carry out a study on the experience of countries which have successfully achieved industrialization based on innovations. Finally, it expressed its support for the pilot projects carried out by WIPO for the automation of the offices of ARIPO and OAPI under the framework of the WIPONet project and suggested that similar pilot experiences should be carried out in the Asian region.
64. The Delegation of Jordan raised the question of the evaluation of the distance learning program, specially in the fields of International Patent Classification and International Classification for Industrial Designs.
65. The Delegation of Bangladesh stated that LDCs should be given financial assistance in the form of fellowships to participate in training programs. It referred to a questionnaire sent by WIPO to LDCs to evaluate their needs as far as TRIPS Agreement compliance was concerned. It suggested that WIPO should follow a needs based approach and take appropriate measures to fulfill the material, technical and financial needs of the LDCs. It also suggested that the WWA initiate a study on the effects of intellectual property treaties on LDCs. Finally, it stressed upon the need to have an adequate and effective feedback mechanism after seminars, conferences, training courses, and so on, so as to ensure necessary follow-up action.
66. The Delegation of Australia stressed the importance of feedback so that training programs could be better targeted. Australia had experience in teaching intellectual property and, in particular, distance learning. It would explore ways in which it could contribute to the training programs offered by the WWA.
67. The Delegation of India stated that its country was implementing an ambitious program of modernization of its Patent Office. It would include human resources development as one of the major elements of the project. It suggested that the WWA could consider for possible partnership between the University of Banglore and the Indira Gandhi National Open University (IGNOU) for offering special intellectual property rights related programmes, as IGNOU was already conducting distance learning programmes in various disciplines in science, art and commerce for millions of youth in the country. The Delegation requested WIPO's assistance in providing India with special tailor-made training programmes through the WWA for its large number of patent examiners who would be recruited to clear the huge backlog of pending patent applications during the implementation of its Modernization Project.
68. The Delegation of the Islamic Republic of Iran stressed the importance of human resources development; it expressed its appreciation for all WIPO training courses. The Delegation emphasized the importance of long-term training and education, and in particular of university training. It underlined the strong interaction between theory and practice, and the importance of long-term education for developing countries to acquire qualifications needed in various fields, including dispute settlement. The Delegation urged WIPO, in cooperation with developed countries, to offer more long-term courses in the field of intellectual property.
69. The Delegation of Cuba spoke of the importance of the WIPO Worldwide Academy, and also of the generally high quality of the courses organized so far. It acknowledged the vital interest of distance learning, as one more method of gearing-up the training of human resources, but not at the expense of the systematic improvement of the courses that were already been given. It suggested the production of courses on video which could be made available for use by Office staff in individual countries for the training of their human resources. It advocated continuing to develop the theme of the importance and economic value of intellectual property in the courses under preparation, and also, in the longer term, considering the possibility of organizing a project whose aim would be to teach the subject of creative activity and intellectual property in general from an early age.
70. The Delegation of China stressed the importance of human resources development in the field of intellectual property. It stated that China was still at a preliminary stage of development compared with developed countries. The Chinese National Intellectual Property Training Center had been set up in 1998, due to the great importance it attached to human resources development. The Delegation stated that distance learning was an efficient and economic way to accelerate training on a large scale in the field of intellectual property.
71. The Delegation of Peru expressed its appreciation to the WWA for its work in the field of human resources development, not only in favor of those working in institutions in charge of promoting intellectual property but also for the benefit of judges and customs officers as well as journalists. The Delegation mentioned three important aspects. Firstly, the need to strengthen regular training courses by stressing the importance of the profile of the trainees. Secondly, it suggested strengthening horizontal regional cooperation in the field of intellectual property. Thirdly, the Delegation considered as essential the establishment of the distance learning training program which could be supplemented by a parallel program of ad hoc consultations using the same technology to guarantee the impact of the training offered.
72. The Delegation of Saudi Arabia referred to existing ready-made training programs, especially in the United Kingdom, and suggested that WIPO consider buying such programs for use in the WWA distance learning program.
73. The Delegation of Kenya expressed its appreciation for the fact that its country was one among those participating in the pilot program on distance learning via Internet. It expressed its support to long-term training. It suggested that school children should also be considered as a special target group which could benefit from a tailor-made teaching module. It regretted that the scope of the distance learning program in developing countries was limited by the lack of the necessary equipment.
74. The Delegation of Indonesia expressed the view that the WWA's programs would be more fruitful if they were aligned with each country's policy on intellectual property.
75. The Delegation of Lesotho congratulated the WWA for launching the distance learning program which it had no doubt would go a long way towards meeting the needs of member States. It requested the WWA to work towards the strengthening of Universities in the development of curricula for the teaching of intellectual property. It also called upon the WWA to consider organizing a regional ministerial-level meeting on intellectual property during the year 2000 which it would be willing to host.
76. The Delegation of the African Regional Industrial Property Organization (ARIPO) stated that it placed high premium on development of human resources. For this reason ARIPO welcomed the missions undertaken in early 1999 by representatives of the WWA. Those missions resulted in the signing of a framework cooperation Agreement between the WWA and ARIPO. The objectives of this Agreement were to provide, through distance learning, essential training and to draw up specific training programs for specially targeted groups in ARIPO member States and in other countries of the region. It expressed its satisfaction with the launching of the first pilot distance learning course in accordance with the timetable indicated in the framework Agreement. It added that once the equipment was installed, such courses could also be conducted through video-conferencing using the WIPONet. It expressed the hope that in future, the WWA establish additional links with universities in the African region which offered intellectual property teaching.
77. With reference to the statements by the Delegations of Bangladesh, Japan and Jordan, the Deputy Director General, Mr. Roberto Castelo, noted that training organized by the WWA was directed to all countries including LDCs. WIPO granted four long term fellowships per year per each region. It was important to have a rotation so that all countries could benefit from the fellowships. He further stated that a study on the effect of intellectual property treaties on LDCs would be initiated by the newly created Economic Analysis, Forecast and Research Division. He stressed that 50 per cent of the professional training activities were carried out in cooperation with cooperating governments and institutions in developed countries. In the same connection the Acting Director of the WWA pointed to the importance of follow up of participants in the training programs and mentioned the establishment of an Alumni Association opened to all participants who had followed WWA courses and seminars.
78. The Deputy Director General further assured that WIPO training programs would be duly evaluated taking into account the feedback provided by the participants and stressed the importance of teaching intellectual property in schools. He added that he was aware of the problem of lack of equipment faced by many developing countries but that this problem should be solved by the end of the year 2000 when the WIPONet project would be fully operational or in the framework of the Nationally Focused Action Plans (NFAPs). WIPO was aware of the importance of videos as teaching aids and was in the process of making such videos.
(ii) Assistance to the Least Developed Countries (LDCs)
79. Discussions were based on document PCIPD/1/5. The item was introduced by the Head of the Least Developed Countries (LDCs) Unit, Mr. Kifle Shenkoru.
80. All the delegations which spoke on this item expressed profound thanks to the Director General for his initiative in establishing the LDCs Unit. By establishing the Unit, the Director General had responded to the aspiration of LDCs to assist them on their specific requirements.
81. The Delegation of Bangladesh stated that additional resources should be made available to the new LDCs Unit. In assisting LDCs, priority should be given to intellectual property awareness, capacity building, preparation of the implementation of the TRIPS Agreement, and technology transfer as per Article 66.2 of that Agreement. A link should be established between intellectual property, foreign direct investment, research and development, and transfer of technology. LDCs should be encouraged to accede to the WIPO Convention and the treaties administered by it. The Delegation welcomed the initiative taken to organize a Regional Symposium on the Implementation of the TRIPS Agreement for LDCs in the Asia Pacific region. It stated that cooperation between WIPO and the WTO should be strengthened. It supported the preparation of an information kit for LDCs, the catalytic role of WIPO in promoting South-South cooperation, and the proposed establishment of a databank for LDCs.
82. The Delegation of Uganda stated that Uganda is a landlocked least developed country and witnessed firsthand experience of the situation of LDCs described in the document prepared by WIPO on this item. The link between intellectual property systems, foreign direct investment, innovation, research and transfer of technology should be clearly demonstrated for LDCs. Awareness raising was of primary importance in such context. The Delegation commended WIPO for organizing the Subregional Symposium for LDCs on the Implementation of the TRIPS Agreement which had been held in Banjul, in April 1999. It was appreciative of the measures taken by the Director General to reassess the needs of LDCs on intellectual property, with a view to preparing them to face the challenges of the next millennium.
83. The Delegation of China expressed its concern on the growing gap between the developed countries and the LDCs, and the increasing number of the LDCs, despite the advance made in technological development. The ultimate objective of scientific and technological development was to make a better world for the whole of mankind. In an era of knowledge-based economy, the encouragement of invention, creation and transfer of technology and know-how was the way to the future. Such process had to be based on the establishment, perfection, and enforcement of intellectual property rights, and enactment of domestic legislation in LDCs. It emphasized the importance of the development of human resources and the provision of technical assistance, including training for policy-makers and legislators. It concluded that in developing programs for LDCs, their specific needs and requirements should be taken into account.
84. The Delegation of Madagascar said that its country supported the creation of an LDCs Unit, the purpose of which would be to deal with the specific problems of the countries concerned as they sought ways of taking better advantage of the opportunities offered by the globalization of the world economy. As similar units existed within other agencies of the United Nations System, the Delegation considered that close WIPO collaboration with those agencies would be certain to focus the attention devoted to LDCs and to lend greater coherence to the efforts made on their behalf. The Delegation emphasized that the increase in the technical assistance that WIPO gave Madagascar in a number of areas had made it possible for the Malagasy Industrial Property and Copyright Offices to be progressively modernized. It insisted on the need for that cooperation to continue and to concentrate on activities that had to do with promoting innovation and creativity, protecting traditional knowledge and supporting the action of non-governmental organizations working in the field of industrial property, and also on the supply of equipment to Malagasy universities and training centers that were in a position to benefit from the WIPO distance learning program.
85. The Delegation of Cuba said how important it was that developing countries should cooperate with LDCs in view of the very good experience gained so far. A good way of doing that could be the organization of information services based on perceived needs to asist decision-making on foreign investment, research and the development and transfer of technology, to cite those as examples. South-south cooperation could become an important strength, as the assistance made availabe to developing countries by WIPO could have a gearing-up effect and bring about increased support and cooperation for the benefit of LDCs. The Delegation added that human resources training in LDCs was of vital importance to the local assimilation and development of the results of international technical cooperation.
86. The Delegation of Ethiopia stated that its country has benefited from a WIPO Roving National Seminar on Intellectual Property and other training activities. The Delegation believed that those activities had contributed positively to the country's human resources development and institutional building on intellectual property.
87. The Delegation of Lesotho stated that the creation of the LDCs Unit witnessed the Director General's personal commitment in assisting LDCs. It reiterated its support to the Unit in its new mandate, and commended WIPO on the organization of above-mentioned meeting in Banjul. It aligned with ARIPO in observing the poor representation of LDCs in the meeting of the Committee and appealed to the International Bureau to set aside funds for the participation of LDCs in future meetings thereof.
88. The Delegation of Burundi referred to the statements made by the Delegations of Kenya and the Islamic Republic of Iran on this agenda item, and said that the launching of the distance learning project was a major step towards the development of human resources and the training of trainers in the intellectual property area in developing countries. Before the advent of the Internet such development had been hindered by the lack of infrastructure and networking possibilities. The Delegation urged WIPO to ensure that developing country intellectual property offices be able to profit from the opportunities offered by the advent of information technology by assisting them in the acquisition of the required facilities.
89. The Delegation of India expressed appreciation for the presentations made by the Secretariat under this item. The Delegation suggested that WIPO should consider better cooperation between the developing countries and the LDCs, as some of the developing countries had already developed expertise in various fields related to intellectual property, including copyright.
90. The representative of ARIPO informed that of the 14 ARIPO Member States, nine are LDCs, and reiterated the timeliness of the creation of the LDCs Unit in view of the TRIPS Agreement and the role of intellectual property in international trade and economy. LDCs needed to join regional or subregional intellectual property groupings to capitalize on intellectual property. In this context, he informed the meeting of the resolutions adopted by the ARIPO Ministerial Council (to be submitted to the Organization of African Unity (OAU)), calling upon African countries to strengthen their intellectual property systems and to join ARIPO or OAPI. It was important for LDCs to ratify WIPO-administered treaties. He commended WIPO for organizing the above-mentioned Subregional Symposium for LDCs on the Implementation of the TRIPS Agreement (Banjul, April 1999). He hoped that more such symposia would serve the purpose of increasing the level of awareness of officials in LDCs and contributing to institution building and modernization of national legislations. He also hoped that WIPO consider increasing sponsorship of LDCs to policy meetings.
91. The representative of OAPI said that the creation of the LDCs Unit formed part of the Director General's aim to devise and implement new measures for the benefit of LDCs in particular. He pointed out that the Unit would make it possible to tackle the development problems facing those countries, would facilitate their integration in the intellectual property culture and would make them recognize that intellectual property was not an instrument for protecting foreign interests. Regional and subregional organizations such as OAPI and ARIPO should serve as both springboard and driving force for the implementation of the activities to be carried on by WIPO through the Unit. He said that OAPI, which currently included 10 LDCs among its 15 States, was prepared to involve itself actively in the development and implementation of WIPO programs in favor of LDCs. Finally he announced that his Organization would in the course of 1999, be creating a Literary and Artistic Property Department which would take charge of matters concerning copyright, the cultural heritage and folklore.
(iii) Promotion of Innovation and Creativity
92. Discussions were based on document PCIPD/1/6. The item was introduced by the Director of the Division for Infrastructure Services and Innovation Promotion,
Mr. Vladimir Yossifov.
93. All the delegations that spoke on this item congratulated WIPO on the creation of the said Division as a very timely decision. Several delegations underlined the importance of the promotion of invention and innovation as the key element for national development.
94. The Delegation of Bangladesh while stressing upon the need for promotion of innovation and creativity especially in LDC's with the active cooperation and assistance of WIPO also underlined the interest of its country to benefit from the program to be implemented by the concerned Division. The Delegation also felt that a representative from WIPO should attend the "World Conference on Sciences" to be held in June 1999 under the joint initiative of UNESCO and the World Academy for Sciences.
95. The Delegation of Japan suggested that an effective way of assisting developing countries in this area was to carry out a study on concrete examples of the development gained by Japan and other countries through the use of innovation.
96. The Delegation of Lesotho stressed the role played by WIPO in the establishment of the Lesotho Association of Inventors in 1993, and expressed the conviction that WIPO would be able to implement a program relevant to the needs of developing countries in this area. It also stated the interest of Lesotho for activities related to the assessment and evaluation of inventions and their commercialization.
97. The Delegation of the Islamic Republic of Iran supported the proposal made by the Delegation of Japan. Furthermore, it suggested that WIPO carry out, in cooperation with UNESCO, a study on the impact of the educational system (in particular, primary education) on successful innovation-based development.
98. The Delegation of Uruguay expressed its appreciation for the document on the promotion of innovation and creativeness, and congratulated Mr. Yossifov on his profound and pragmatic presentation of strategies for promoting those two qualities. In that connection the Delegation mentioned that developing countries, and especially their Patent Offices, should be prime movers in the creation and development of strategies, plans and action whereby new services could be brought into operation that would focus on advising and assisting users and ensuring interaction between the various operators involved. Uruguay had put in hand specific measures with researchers, inventors, universities and innovative businesses, concentrating on the importance of marketing patented subject matter, without which the patenting itself would be a pointless exercise. The Delegation added that intelligence and creativeness possessed neither nationality nor national frontiers, and that many inventors and researchers from developing countries had received international awards, but that one had to make sure that such events were not isolated occurrences. It therefore requested WIPO cooperation in its future actitivities directed towards promoting innovation and creativeness.
99. The Delegation of Paraguay endorsed the proposal made by the Delegation of Japan and suggested that developing countries should study and adapt the Japanese experience for their own use, and elaborate on it. It stated that programs for the promotion of innovation had to allow for the particular circumstances of each country, and that cooperation in that field should also encompass the establishment or improvement of national infrastructures, including not only the technical but also the human and financial aspect, and it commended WIPO for offering assistance in that connection. It likewise emphasized that the proposed objective could be most rapidly achieved through joint work between WIPO, international financial institutions, universities, research centers and the governments concerned.
100. The Delegation of The former Yugoslav Republic of Macedonia requested the support of WIPO in respect of the creation of an innovation center and the reinforcement of links between the research and development (R&D) and industrial sector, through the promotion of the exploitation of R&D and industry, inventions and innovations.
101. The Delegation of Cuba said that its country attached particular imporance to the development of the scientific and technological innovation and corporate improvement. The Cuban Industrial Property Office was working hard on the diversification of services and the provision of customized services on the basis of technological, legal and commercial information, and any general information conducive to decision-making that was contained in industrial property sources, and tailoring and directing the result to each category of clients, namely businesses, R&D and marketing centers and government officials, among others, in order to show that problems were solved not only by means of research, but also by taking advantage of what already existed for the solution of certain problems, having made the necessary innovations for them to be put into practice. On the other hand special prominence was geing given to creativeness and technological innovation in the Office's program for the development of a national industrial property culture, as those two aspects were considered vitally important to sustainable national development, and emphasis was moreover being placed on the strategic importance of incorporating intellectual property in the development of the scientific and technological innovation system. Apart from that, very direct cooperation was going on with the associations of inventors currently active in the country, and also with technology institutes and universities, in pursuit of the objective of promoting creative activity and its protection.
102. The Delegation of Bosnia and Herzegovina pointed out the usefulness of seminars and workshops for promoting public awareness on intellectual property and improving communication between inventors and industry. It requested WIPO's help in the establishment of an innovation center in Bosnia and Herzegovina.
103. The Delegation of Indonesia stated that innovation and invention were essential to the economic development of developing countries and that the work of the new Division would improve the understanding of the importance of use of inventions and innovations for such development. The Delegation expressed its full support to the program of the Division, provided that it was in line with its national program.
104. The Delegation of Kenya praised the vision of WIPO in establishing this program, which is needed by developing countries to enhance the understanding of intellectual property as a factor in economic development. Innovation represented the missing link between creativity and industrialization. The Delegation suggested that WIPO organize study visits or conferences to permit the study and exchange of experience on successful innovations. Particular attention should be given to encouraging the transfer of technology within a country, from national innovators to national industry. Assistance towards the creation of special invention and innovation support services should be established at the national level and internationally (based on patent information). Finally, it supported the proposal made by the Delegation of Japan.
105. The Delegation of Pakistan expressed its full support to the program of the new Division and requested that the level of development of each individual country be taken into account when formulating assistance in this area. Pakistan was keen to benefit from such assistance.
106. The Delegation of the Philippines commended WIPO for holding in 1998, in Manila, the WIPO Regional Seminar on Support Services for Inventors, Valuation and Commercialization of Inventions and Research Results. The Seminar had been an eye-opener for national inventors. In the Philippines the WIPO Gold Medals were highly valued and many of the award winning inventions enjoyed commercial success. The Intellectual Property Office of the Philippines was encouraging innovators to seek protection for their work through patents, utility models, and industrial designs. It recalled that developing country handicrafts based on local know-how and skills may represent attractive products in the global market.
107. The Delegation of Brazil informed the meeting of the program being implemented in its country for the promotion of innovation.
108. The Delegation of Mauritius stated that its country counted on the support of WIPO for promoting awareness of the economic development role of intellectual property and the preparation of a national creativity and innovation promotion programme as well as assistance in the area of collective management of copyright and related rights.
109. The Delegation of Peru mentioned that its country had received continuing support from WIPO in the area under consideration, with special emphasis on the holding of national inventors'competitions. The winning inventors who had received WIPO Gold Medals had not only been rewarded at the Geneva International Inventors' Exhibition but also achieved commercial success, thereby illustrating the impact of, and the economic results that could be derived from, the inventive activity promoted by INDECOPI and WIPO. The Delegation pointed to the need to have sustainable programs and some strengthening of local institutions that would make it possible to promote economic development through the action of the economic operators themselves (in that case the inventors themselves), which would then take place independently of the support given by government bodies and international cooperation.
110. The Delegation of India stated that an inventor would be encouraged to share the fruits of his invention with society only if he was assured of adequate return on investment and a strong patent regime for the protection of his rights. It also stated that in India, there were certain National Level Organisations like the National Research Development Corporation (NRDL), the Council for Scientific and Industrial Research (CSIR) and the Indian Council for Agricultural Research (ICAR), which were helping innovators and creators to get their inventions patented. Recently, a "Patent Facilitation Cell" had also been created in the Departament of Science and Technology for that very purpose.
111. The Delegation of Sri Lanka commended WIPO's activities in the promotion of innovation and creativity, which had a far-reaching impact in encouraging and sustaining young inventors around the world. Sri Lanka's Inventors Commission had supported the endeavors of many young inventors, by sponsoring them to participate successfully in the International Exhibition of Inventions in Geneva. The Delegation stressed the importance of linking the support for inventors with identified market necessities. Users organizations should be provided full access to relevant information and support structures.
112. The Delegation of Mali informed the meeting that the Malian Inventors Association had been operating since 1993. However, it was handicapped by the lack of adequate resources. WIPO's assistance would be much appreciated in the commercialization of Malian inventions.
113. The Delegation of Madagascar requested WIPO's assistance in the promotion of innovation and creative activities.
114. The representative of ARIPO was pleased to note that the objectives of WIPO's program for the promotion of innovation and creativity were similar to the ones carried out by ARIPO. ARIPO participated in trade fairs and exhibitions and offered ARIPO Awards for invention and innovation, in cooperation with national industrial property offices. Later in 1999, ARIPO would offer two awards, one at an Exhibition in Lesotho and one at a National Expo in Zimbabwe. ARIPO wished for closer cooperation with OAPI and WIPO. Finally, he supported the proposal made by the Delegation of Japan.
(iv) Promotion and Development of Collective Management of Copyright and
Related Rights
115. Discussions were based on document PCIPD/1/7. The item was introduced by the Director of the Copyright Collective Management Division, Ms. Nahla Haidar El Addal.
116. All the delegations which took the floor on this item welcomed the establishment of said Division within the Cooperation for Development Sector, and praised the quality of the document prepared by the International Bureau in that respect.
117. The Delegation of Japan stated that the Japan Copyright Office had carried out many development cooperation activities for countries of the Asia and Pacific Region jointly with WIPO. Several projects were being implemented in the framework of the Asia-Pacific Copyright Systems Enhancement Program (APACE), the budget of which had raised by 81% in comparison with the previous fiscal year. A total amount of almost 600,000 Swiss francs was entrusted to WIPO. Activities included an annual two-week special training course in Tokyo, sub-regional seminars for South Pacific countries, started in 1995, and to be held in Fiji in August 1999. Expert missions were expected to be sent to developing countries of the region to set up collective management organizations.
118. The Delegation of Switzerland stated that collective management of copyright had several components, in particular cultural and economic elements, which were of great importance for developing countries where artistic creation, in particular in the field of music, was very developed. It recalled that its country was contributing to WIPO's development cooperation activities through the national authors' society for musical works (SUISA). It added that its country was ready to continue cooperating with WIPO in that and other contexts.
119. The Delegation of Morocco stated that improvement on collective management systems was needed in developing countries for the benefit of rights owners. It noted that human resource development was to be considered in a long-term perspective, and expressed the wish that WIPO would extend its cooperation with developing country educational institutions including universities. It also announced that the teaching of copyright law was to be soon introduced in tertiary education in Morocco.
120. The Delegation of Trinidad and Tobago stated that collective management of copyright was of particular importance to its country, where one collecting society was already operating in the field of musical works and several groups of creators were willing to form additional collecting societies to deal with their particular interests. It questioned the cost-effectiveness of such approach from the viewpoint of a small country like Trinidad and Tobago, and raised the question of a regional collective management system for the Caribbean. Increased assistance was needed particularly through training of administrators and acquisition of adequate equipment.
121. The Delegation of Panama said that a collective management organization administering authors' rights for musical works had been set up in 1996. Sensibilization of users and public authorities was essential for the effective functioning of collective management societies, particularly in view of the possible resistance of certain categories of users to pay the required fees.
122. The Delegation of Cuba stressed the importance of promoting awareness of copyright and related rights, and said that the upgrading of national legislation on the subject would neither produce practical results or have any relevance or efficacy if no system of collective management for the exercise of the rights were created in those countries. It sought WIPO cooperation in the continuing development of that subject area, regarding which the alerting of national legislators, policymakers and the general public was the determining factor.
123. The Delegation of the Islamic Republic of Iran referred to the future activities of the new Division and those of the Regional Bureaus and the WWA, and reiterated the importance of a coordinated approach. It underlined the complementarity of the sectors concerned in training activities on collective management of copyright. It also referred to the interrelationship between collective management and electronic commerce.
124. The Delegation of China was of the view that collective management of copyright played a fundamental role in the protection of copyright in developing countries. The inclusion of relevant provisions in national copyright legislation of developing countries was the first priority, especially in view of the challenges posed by the new technologies in the information society. The Delegation informed the meeting that the Government of China was working on the revision of its copyright law, with possible inclusion of provisions on collective management. It added that the National Copyright Administration of China was ready to organize with WIPO a Regional Seminar on Collective Management of Copyright in October 1999, in China.
125. The representative of FIM informed the Committee that his organization was representing trade unions of performers at the international level, with regional groups in Africa, Latin America and the Caribbean. He was of the opinion that the implementation of performers' rights was an important factor of development in developing countries with strong folkloric tradition. He underlined the role that collective management of rights could play in this context and said that his organization was assisting developing countries and countries in transition, and was ready to continue cooperating with WIPO thereon.
126. The representative of AEPO pointed out that in cases of mass uses of sound and audiovisual recordings and of the very large number of users, collective management of rights was needed not only in the field of copyright but also in the field of protection of performers' rights. He noted that several owners of rights could be involved in the making of certain works and that performers were confronted to powerful economic players. In this context, he referred to the adoption of the WIPO Performances and Phonograms Treaty (WPPT) in December 1996. He underlined the importance of the legal basis and the need to adapt the statutes and rules of existing collective management organizations according to the national situation. He emphasized the necessity of training the staff of such organizations, and of informing rights owners of their rights. Users and the public in general should also be informed about rights and obligations deriving from copyright and related rights. He was of the view that cooperation with public authorities was essential for the establishment of a proper legislation and the development of collective management systems. He considered that technical assistance, in particular computerization, was an indispensable element to establish databases of performers, which would serve to distribute to them adequate remuneration. Finally, he stressed the relevance of didactical material intended for rights owners, users of protected works, staff of authors' societies and the public. He said that his organization was ready to continue cooperating with WIPO on all these aspects.
127. The representative of IFRRO welcomed the fact that the program of the new Division intended to strengthen cooperation with non-governmental organizations concerned with collective management of copyright and related rights. His organization had been cooperating with WIPO for a number of years in promoting copyright awareness in general and collective management of rights in particular, and had both knowledge and human resources to carry out tailor-made training and to assist in implementing collective management organizations. He expressed support for the WWA distance learning program.
128. In conclusion, the Committee noted with appreciation the content of documents PCIPD/1/4,5,6 and 7.
Regional Consultations on Protection of Databases and Rights of Broadcasting Organizations: Progress Report
129. Discussions were based on document PCIPD/1/8. The item was introduced by the Director of the Copyright Law Division, Mr. Jorgen Blomqvist.
130. The Delegation of Cuba said that, on the subject of the database protection, its Government favored copyright protection for creative, original databases, and a system of limitations to allow unobstructed access to databases that were of critical importance to public health, the development of agriculture, meteorology, etc. It emphasized that care had to be taken to ensure that the provisions for the necessary protection of databases did not interfere with higher interests and the expeditious handling of work on the subjects concerned, and that some continuity should be given to the work of the Committee of Experts. On the subject of broadcasting organizations, it was in favor of dicussions continuing on the protection of such organizations with a view to achieving the creation of a new international instrument that effectively updated and adapted the provisions of the conventions currently governing the subject. At present protection by means of related rights was not provided for in its country's copyright legislation, but it was enshrined in the draft law containing provisions adjusted to the TRIPS Agreement, to the new intellectual property scenario in general and to the specific needs of society. That explained the interest in standardizing protection at the international level and in making definite, substantive progress in that area.
131. The meeting noted with appreciation the information contained in document PCIPD/1/8.
Information Technology Developments and Automation of the African Regional Industrial Property Organization (ARIPO) and the African Intellectual Property Organization (OAPI): Progress Report
132. Discussions on this item were based on document PCIDP/1/9. The item was introduced by the Director of the Africa Bureau, Mr. Geoffrey Onyeama, and the Director of the Information Technology Division, Mr. Inayet Syed.
133. The Delegation of Trinidad and Tobago referred to the cooperation received from WIPO in relation to modernization of the information technology infrastructure of the national Industrial Property Office. Such assistance would greatly help in the integration of the office in the WIPONet. It requested that WIPO provide similar assistance to other Caribbean countries.
134. The Delegation of Romania expressed thanks and satisfaction for the activities carried out by WIPO in relation to the WIPONet.
135. The Delegation of Cuba spoke of the work that it was doing on its Digital Library project, under which, via WIPONet, access would be given to its industrial property information, while access would be gained to the corresponding information from other countries. The Delegation also mentioned the way in which WIPO and EPO support had ensured that the databases operated by the Industrial Property Office could be accessed on line from anywhere in the country.
136. The Delegation of China referred to the Patent Filing Project which was planned for completion by the end of the year 2000, and requested WIPO's assistance in that respect.
137. The Delegation of the Islamic Republic of Iran expressed satisfaction for the progress made by WIPO in respect of the implementation of the WIPONet project.
138. The Delegation of Pakistan stated that the WIPONet project was an important information technology project and expressed the full support of its country to WIPO's activities in this area.
139. The Delegation of Uganda thanked WIPO for the initiative of the WIPONet project, cautioned that the right equipment should be used and that compatibility with local network should be ensured to ensure sustainability.
140. The Delegation of the Republic of Korea informed the meeting of progress in the implementation of its country's own KIPONET system to automate the operation of the national industrial property office. It stated that this system had the main functionalities of a typical industrial property office and may be used for assistance to offices in other countries.
141. The representative of ARIPO mentioned that the pilot phase of the WIPONet project was starting at the Office of ARIPO in Harare. The training of staff would start at the end of June for all staff of the Office. The ARIPO Office planned to move to a new building in December 1999. He expressed thanks to WIPO for the pilot projects and the other cooperation activities implemented with the Office of ARIPO.
142. The Committee noted with appreciation the information provided by the International Bureau in document PCIPD/1/9.
WIPO 1998 Fact Finding Missions to Developing Countries on the Protection of Traditional Knowledge, Innovations and Practices of Indigenous People
143. Discussions were based on document PCIPD/1/10. Mr. Richard Owens, Director, Global Intellectual Property Issues Division, with Messrs. Octavio Espinosa, Shakeel Bhatti, and Simon Ouedraogo provided a report of the progress completed under Program 11 of the Program and Budget 1998-1999, including a brief outline of the work of the fact finding missions and preliminary findings.
144. The Delegation of Mexico welcomed the work of the Permanent Committee, and mentioned that in 1996 the Government of Mexico had introduced a new Copyright Law which modernized the system for the protection and promotion of copyright, and, in accordance with a constitutional mandate, recognized and protected the cultural values and creations of ethnic groups and communities. The system was already three years old and was operating efficiently, its aim being to establish a culture of tolerance and respect for the many. The Delegation also made it known that its Government had recently ratified the WIPO Phonograms Treaty, and was completing the process of ratification of the Copyright Treaty.
145. The Delegation of Trinidad and Tobago noted the fact finding mission currently in progress in Trinidad and Tobago. However, the Delegation raised concerns about the time afforded to such an issue. Specifically, there was concern that two days within the country would not be sufficient to address the diverse groups of individuals and the great diversity of knowledge present in the country. Also, there was concern that the short time between the mission and the publication of the report might compromise the analysis of the data in order to meet the deadline. Finally, the Delegation felt that the island of Dominica should have been visited due to its population of native Caribs. It also wished to know if there was a mechanism in place to submit supplementary information after the mission was completed.
146. The Delegation of Peru attached particular importance to the subject of the protection of traditional knowledge, especially owing to the lack of any suitable national legislation for the protection of such knowledge, which was after all a main source of potential income for indigenous populations.
147. The Delegation highlighted two events that had recently taken place in coordination with WIPO in that field.
148. One was the exploratory mission to Peru conducted by WIPO, the preliminary findings of which had confirmed the Delegation's perception of the issues in question as being priority issues in that area of concern.
149. The other was the international seminar held in Lima in May with WIPO coordination and support, on the subject of access to genetic resources and the protection of traditional knowledge.
150. The Delegation said that the seminar had combined the subjects of access to genetic resources and the protection of traditional knowledge in view of the fact that access to biological resources and the related genetic resources more often than not failed to make provision for economic remuneration in exchange for the traditional knowledge of indigenous peoples, which had to be passed on for the resources in question to be used.
151. The Delegation said that the international seminar formed part of a process that had started with two earlier national workshops, the purpose of which had been to engage in consultations with leaders and representatives of indigenous peoples of the mountains and forests concerning legislative proposals worked out by intersectoral groups and intended to regulate access to genetic resources and the protection of traditional knowledge; the seminar had made it possible to discuss the legislative proposal in the light of the experience of international consultants.
152. The Delegation of the Islamic Republic of Iran raised several concerns about the fact finding missions and their methodology. Firstly, concern was raised over the importance placed on indigenous traditional knowledge. The Delegation was concerned that the traditional knowledge held in countries without indigenous populations may be overlooked. Secondly, the issue of documentation was very important, and the Delegation stressed the need to protect the knowledge that is orally transmitted. Thirdly, the question of the type of protection to apply to traditional knowledge was very important since the value of traditional knowledge was similar to the value of more formal types of intellectual property; this might require the implementation of a sui generis system for traditional knowledge. Finally, the question of how to handle traditional knowledge that had already been disseminated was another issue that would require further analysis.
153. The Delegation of Kenya raised issues concerning the proper compensation for holders of traditional knowledge once that knowledge was disseminated. Noting recent treaties that touched on issues of traditional knowledge, the Delegation noted the need to properly determine access and acceptance of materials related to the subject. It stressed the developing role for WIPO to provide assistance to countries concerned with this issue so that those responsible for the transmission of this knowledge would be adequately compensated.
154. The Delegation of Uganda noted with appreciation the good work done on traditional knowledge, and reiterated the importance of protecting the source of these innovations during the course of work on these issues.
155. The Delegation of Paraguay agreed with the need to study the matter in greater detail, and made a proposal to the effect that the lack of national legislation in the majority of countries indicated the necessity of a general framework, at a multilateral level, for the protection of matters pertaining to traditional knowledge. It was mainly necessary to give effective and active protection to the perpetuation of the traditional knowledge and practices of indigenous peoples. It congratulated WIPO on the enormous effort that it was making in the form of its investigative missions.
156. The Delegation of the Sudan noted that the selection of countries for the fact finding missions apparently excluded Arab countries. It enquired on the process used to decide and establish what constitutes traditional knowledge, and referred to the interest of protecting traditional healers in the Sudan.
157. The Delegation of Cuba referred to its country's particular interest in the legal protection of folklore. In that connection, apart from being provided for in the present national copyright legislation, the subject was being monitored through participation in the international gatherings convened by UNESCO and WIPO. Cuba was one of the countries whose support had brought about the establishment of a Committee of Experts for the special study of the subject, which would eventually lead to the enactment of an international protection instrument to lend uniformity to what countries previously had worked on separately and in their own different ways, as a result of which that important aspect of national creativeness did not yet enjoy similar levels of protection throughout the world.
158. The Delegation of India expressed its desire for making available the report of the fact finding mission to its country at the earliest. It also suggested that the issues of the Convention on Biological Diversity (CBD) which were quite identical to the issues which were being currently considered by WIPO in the field of traditional knowledge, should also be addressed.
159. In response to the question raised by the Delegation of the Sudan concerning the absence of Arab States in the course of the fact finding missions, the Secretariat stated that a mission to Egypt, Oman, Qatar and Tunisia had in fact been undertaken and completed.
160. The Committee noted with appreciation the information contained in document PCIPD/1/10.
WIPO's Assistance to Developing Countries in the Field of Electronic Commerce: Progress Report
161. Discussions were based on document PCIPD/1/11. The item was introduced by
Mr. Francis Gurry, Assistant Director General of WIPO.
162. The Delegation of Trinidad and Tobago noted that the area of electronic commerce is a very new one, and commended WIPO on its important work in this field. The Delegation noted that the WIPO Regional Consultation on Electronic Commerce and Intellectual Property would shortly take place in Jamaica.
163. The Delegation of the Islamic Republic of Iran remarked that the subject of electronic commerce was an important one. It expressed its interest in receiving more background information on this subject from WIPO, to assist the Islamic Republic of Iran to gain a depth of understanding on this subject.
164. The Delegation of Cuba emphasized the importance that its country attached to the subject under discussion, and announced the creation of a Government Commission on Electronic Commerce in its country, which met every month and considered aspects of intellectual property, which in turn had made it possible to gain insight into the importance of that activity to multilateral trade relations.
165. The Delegation of Kenya expressed its great interest in the global developments in electronic commerce. It was appreciative of the work being done by WIPO to enable Member States to keep pace with these developments. The Delegation expressed its concern at developments in digital technology, which enabled digital images of works of cultural heritage to be placed on the Internet, that may then be accessed and utilized without due benefits being accorded to the owners of that heritage. The Delegation underlined the importance, and the future role for WIPO, in addressing the needs of the people who own these cultural works before the works are disclosed on the Internet, to ensure that the rightful owners do, in fact, benefit from this process.
166. The Delegation of Uganda underlined the importance and great potential of electronic commerce for developing countries and LDCs. The Delegation noted, however, that in order to realize this potential, infrastructure and human and technical resources must be made available. It applauded the electronic developments occurring at WIPO, including the WIPONet, which would assist in the creation of an "intellectual property culture."
167. The Delegation of Paraguay congratulated WIPO on its initiatives and efforts in the field of electronic commerce. It stressed the need for efficient and active technical assistance if an infrastructure were to be established that would assure developing countries and LDCs of profitable involvement in the negotiations taking place in the field of electronic commerce. It mentioned that a formula had to be found, in the Agreement between WIPO and WTO, whereby the assistance in question could be provided. The Delegation emphasized the need to introduce adequate procedures for the settlement of disputes and measures for the protection of both consumers and intellectual property rights in the field of electronic commerce. It noted that in this rapidly developing sector technology had progressed at a more rapid rate than the multilateral negotiations and thereby created a gap between the two. The Delegation attached great importance to the need for proper preparatory work within WIPO in the field of electronic commerce.
168. The Delegation of India commended WIPO on its work in the area of electronic commerce. It noted that India had already begun the process of invitingapplications in the electronic form in one of its departments in the Directorate General of Foreign Trade (DGFT), and expressed interest in further assistance from WIPO in continuing its efforts.
169. The Committee noted with appreciation the information contained in document PCIPD/1/11.
170. This Report was unanimously adopted by the Permanent Committee on Cooperation for Development Related to Intellectual Property (PCIPD) on June 4, 1999, after which the Chairperson declared the first session closed.
[End of Annex II and of document]