WIPO
ORIGINAL: English
DATE: October 3, 2001
WIPO |
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ORIGINAL: English DATE: October 3, 2001 |
WORLD INTELLECTUAL PROPERTY ORGANIZATION
GENEVA
Nineteenth (15th Ordinary) Session
Geneva, September 24 to October 3, 2001
approved by the Conference
1. The Conference was concerned with the following items of the Consolidated Agenda (document A/36/1): 1, 2, 3, 4, 5, 6, 7, 8, 9, 20, 24, 27 and 28.
2. The report on the said items, with the exception of item 20, is contained in the
General Report (document A/36/15).
3. The report on item 20 is contained in the present document.
4. Mr. José Graça Aranha (Brazil) was elected Chair of the Conference; Mr. Pierre Leduc (Canada) and Mr. Wiesaw Kotarba (Poland) were elected Vice-Chairs.
5. Discussions were based on document WO/CF/19/1.
6. In introducing this item, the Secretariat gave an overview of the salient points of the report and also informed the Assembly of the number of data concerning legislative texts notified to the World Trade Organization (WTO) which are presently available on the WIPO website. The publication of the WIPO periodical Intellectual Property Laws and Treaties would be also available on the said website, in the near future, instead of on paper.
7. All the delegations which took the floor on this item congratulated the chairperson on his election and expressed their appreciation of the work undertaken by the Cooperation for Development Sector. Many delegations expressed their gratitude for the assistance received from WIPO thus far, and their wish that it should continue and expand in the future with additional resources.
8. The Delegation of Brazil expressed its appreciation for the support received from WIPO in a seminar on the protection of traditional knowledge and intellectual property which had been recently organized in Brazil by the National Institute of Industrial Property (INPI), in cooperation with the European Commission. The seminar had enjoyed broad media coverage and succeeded in raising the level of interest in, and awareness of, issues relating to intellectual property, traditional knowledge and the protection of biodiversity. The Delegation also stressed the importance it attached to WIPO’s activities in relation to the training of government officials in the area of intellectual property and the need for these activities to be increased wherever possible. This included, in particular, courses organized by the WIPO Worldwide Academy (WWA) for diplomats and other government officials.
9. The Delegation of Jamaica expressed its appreciation to WIPO for its development cooperation activities in the Caribbean region, including, in particular, its continued commitment towards the development of a regional system for the collective management of copyright and related rights. Much progress had been made since Ministers of Caribbean countries agreed in 1999 to establish a regional committee on the collective management of copyright and related rights. This had led to the subsequent creation of the Caribbean Copyright Link (CCL). In 2000, at the third WIPO Ministerial Meeting in Saint Lucia, a resolution had been adopted by Caribbean ministers which, inter alia, required closer cooperation between the CCL and the intellectual property offices in the region. Although, at present, only one Jamaican collecting society was involved in the Link, the gradual integration of other national societies was anticipated. The Delegation also expressed its gratitude to the copyright offices and the collective management societies which had offered assistance to Jamaica in relation to the development of human resources, and to the General Authors’ and Publishers’ Society (SGAE) [Spain] for the provision of software.
10. The Delegation of Costa Rica emphasized the importance of the work done by WIPO in Central America, especially in Costa Rica, through its Director General, Dr. Idris, Deputy Director General, Mr. Castelo, and the Cooperation for Development Bureau for Latin America and the Caribbean. It explained that all the activities carried out in Costa Rica had produced very positive results for the development of intellectual property and the human resources responsible for that field in the country, and expressed its confidence that cooperation would strengthen the process of improving legislation and computerizing intellectual property offices, especially patents and marks offices. It highlighted the importance of the process of integrating intellectual property at the subregional level in Central America and, in conclusion, recommended that the human and financial resources of the Cooperation for Development Bureau for Latin America and the Caribbean should be increased in the light of the growing demand for technical assistance in the region.
11. The Delegation of Austria commended WIPO on the success of its development cooperation activities. Austria had supported, and played an active role in, these activities, and would continue to do so, including through its involvement in training courses and the organization, in Vienna, of the annual WIPO-Austria seminar on industrial property. The Austrian Patent Office would also continue to provide support in relation to WIPO’s International Cooperation in the Search and Examination of Inventions (ICSEI) program.
12. The Delegation of Angola expressed its gratitude for the cooperation for development activities conducted by WIPO. A seminar organized by WIPO in collaboration with the Angolan Industrial Property Institute and the National Institute of Cultural Industries had been held in Angola from September 4 to 6, 2001, and had been attended by more than 120 participants, including ministers and other high level public officials, judges, police and customs officers, private sector representatives (including from small and medium-sized enterprises (SMEs)), academics, and performers including writers and musicians. The seminar’s conclusions had demonstrated the importance that WIPO attached to the training of officials. Despite the progress made as a result of the assistance provided by the Organization, increased aid was anticipated, in particular in order to strengthen the capacity of the Industrial Property Office and to organize a seminar on intellectual property in general and on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in particular.
13. The Delegation of Egypt expressed its support for the cooperation for development activities undertaken by WIPO as one of the cornerstones of the utilization of the international intellectual property system to the benefit of all countries and regions. It expressed its pleasure at the recent establishing of the Intellectual Property Office Automation Division and looked forward to receiving its cooperation and assistance. It noted that the PCIPD should be a forum that set the priorities of WIPO. In this regard, it proposed that future reports of the PCIPD should contain not only a compilation of the statements of the different delegations, but also concise conclusions and recommendations that might be submitted to the WIPO Assemblies for further support and action, similar to the working methods of other WIPO committees. The Delegation called upon the Secretariat to continue consultation with WIPO member States to strengthen the PCIPD and enhance its role as a tool for shaping the vision of WIPO.
14. The Delegation of Portugal commended WIPO on its development cooperation activities including, in particular, its activities in promoting distance learning and the initiatives that it had undertaken to promote the use of the intellectual property system, particularly by small and medium-sized enterprises (SMEs). The protection of intellectual property played an essential role in promoting economic growth through support for industrial and technological development. A High-Level Interregional Roundtable on Intellectual Property for Least Developed Countries (LDCs) had been organized by WIPO in Lisbon, in cooperation with the Portuguese Institute of Industrial Property, on February 1 and 2, 2001. This had resulted in the Lisbon Declaration which had subsequently been adopted at the Third UN Conference on the LDCs. Portugal would continue to support, and play an active role in, WIPO’s development cooperation activities, including through its involvement in the organization of activities to promote the protection and use of intellectual property as a tool for economic development.
15. The Delegation of Colombia expressed its gratitude for the activities carried out by the Secretariat in the field of intellectual property, a subject of great importance for developing countries. It considered that one of the challenges facing WIPO was to promote, through its cooperation for development program, the integration of developing countries into the globalized world economy. It highlighted the importance of, and the progress made in relation to, the protection of audiovisual performances, broadcasting organizations, databases and traditional knowledge. It emphasized the need for Colombia to receive support from WIPO in its efforts to strengthen the institution of the National Copyright Directorate, and also to establish the infrastructure required as a result of Colombia’s recent accession to the Patent Cooperation Treaty (PCT). It also expressed the hope that Colombia could be informed of the guidelines drawn up for the benefit of small and medium-sized enterprises (SMEs), and continue to profit from the collaboration offered in the area of information technology to the National Specialized Unit for Copyright Infringement, the State Prosecutor’s Office, as well as from the training programs of the WIPO Worldwide Academy.
16. The Delegation of Guatemala welcomed the support received from WIPO by the country and the whole of the Central American region, and said that Guatemala had implemented the obligations stemming from the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement with the adoption of laws on copyright and industrial property, which had been examined by the TRIPS Council. As part of the establishment of the State Intellectual Property Supervision Office within the State Prosecutor’s Office, it expressed the need to receive special monitoring support through the training of the officials responsible and the provision of the requisite equipment. Finally, it insisted on the need for WIPO to establish a unified system of document distribution through the Internet, as well as to make available all documents in the official languages prior to individual meetings or conferences.
17. The Delegation of Cuba highlighted the support it had received from WIPO in preparing the second edition of the CD-ROM MARIPOSA (BUTTERFLY), which contained information on the marks in force in Cuba, including the international marks applications filed under the Madrid Agreement concerning the International Registration of Marks. It highlighted the efforts undertaken by the WIPO Worldwide Academy in the distance-learning courses and the importance of the regional collective management project in the Caribbean as a means of increasing the cooperation between the regional offices and as a possible example for other regions. It expressed its gratitude for the cooperation provided as regards computerization, which had produced very positive results in the development of the Cuban Industrial Property Office (OCPI), as a tool offering access to industrial property information. It emphasized the quality of the patent information services provided for developing countries by WIPO, which were of great benefit for users, as well as the role played by WIPO in the area of electronic commerce and, in particular, in the second Internet domain name process. In conclusion, it noted the importance of the establishment of the Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore, and expressed its gratitude to WIPO for the work done by the Cooperation for Development Bureau for Latin American and the Caribbean, in general, and for the organization in Cuba of seminars relating to the Patent Cooperation Treaty (PCT), in particular.
18. The Delegation of Ecuador underlined the importance it attached to the subject of intellectual property, which had undergone significant development in the past few years, beginning with the legislative reforms required for adaptation to the international framework, followed by its application and implementation, which had been made possible, inter alia, through the support received from WIPO and, in particular, immediately after Ecuador’s accession to the PCT. Such support had strengthened the intellectual property office and made known the role of intellectual property to court officials, and customs and police officers. It said that in November 2001, a seminar would be held in Quito on traditional knowledge, genetic resources and folklore, a subject of great importance for Ecuador owing to its high degree of ethnic, cultural and biological diversity, and that during the same period the meeting of Directors of Intellectual Property Offices in Latin America would be held, a fact which demonstrated the region’s interest in exchanging opinions and strengthening the protection and application of intellectual property. In conclusion, it expressed the hope that the Director General, Dr. Kamil Idris, would be able to accept the invitation from the Government of Ecuador to participate in the meeting of heads of offices, who were major players in the application and management of intellectual property in Latin America.
19. The Delegation of Panama thanked WIPO for the support given to developing countries, especially in the field of computerization and information technology, from which its National Intellectual Property Office had benefited. Referring to document PCIPD/2/5/Rev., in particular the activities specified as part of the updating and disclosure of intellectual property referred to in paragraphs 51 and 54, it offered to cooperate closely with the Secretariat in carrying out the activities mentioned and to provide its national installations so as to facilitate WIPO’s future work in the region.
20. The Delegation of Ghana expressed its gratitude to WIPO for its development cooperation activities, including, in particular, those related to the provision of legislative advice, institution building, collective management, the WWA, and the promotion of inventive and innovative activities. WIPO’s activities in Ghana had accelerated the development of the national intellectual property system. Although much had been achieved through WIPO’s assistance, the Delegation stressed the need for further assistance, particularly in the development of human resources in relation to the administration of the national intellectual property offices and the drafting of legislation. Such assistance was necessary as it would enable Ghana to deal with matters related to the development and administration of an effective system for the protection of intellectual property rights.
21. Speaking on behalf of the Group of Countries of Latin America and the Caribbean (GRULAC), the Delegation of Venezuela described the February 2001 meeting of the Permanent Committee on Cooperation for Development Related to Intellectual Property (PCIPD) as an excellent opportunity to evaluate WIPO’s cooperation programs; it expressed the hope that WIPO would continue to deepen its cooperation for development program, with special emphasis being given to areas such as institution building, the updating of computer systems for intellectual property offices, human resources training, the promotion of intellectual property teaching in universities, the promotion of the collective management of copyright and related rights in the countries of the region, and so on. It expressed satisfaction that the annual regional meeting of Directors of Industrial Property Offices in Latin America had been evaluated by an external consultant, who had prepared a report which had revealed interesting lessons for the further improvement of the quality and impact of the cooperation provided by WIPO. It highlighted the importance of cooperation in areas such as geographical indications, traditional knowledge and technological innovation, and reiterated the appeal made by GRULAC for printed documents and all information on the Internet to be available in Spanish. Speaking on behalf of Venezuela, the Delegation welcomed the support it had received, especially the assistance in preparing the amendments to the draft industrial property law, the organization of a seminar on geographical indications and the workshop on traditional knowledge, genetic resources and folklore, which had allowed the country’s position to be established, and the different areas such as the public and traditional sectors and indigenous communities in the country to move closer together. It highlighted the importance of small and medium-sized enterprises (SMEs) as a fundamental factor in Venezuela’s development and suggested that the development programs in this field should be implemented through the use of the information technology contained in patents.
22. The Delegation of Honduras highlighted the efforts undertaken by the country to integrate itself into the international economic process in order to achieve greater development, and described intellectual property as an essential element in the promotion of economic, technological and social development. It indicated that the support received from the WIPO International Bureau had allowed the country to begin the process of administrative modernization of the intellectual property system, in particular by means of the assistance provided for the creation of a computerized support system for the Intellectual Property Office, as well as the training activities for the staff of the Office and related institutions. The assistance received had also facilitated the process of updating the legal framework of intellectual property so as to fulfill international contractual obligations, in particular under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. It said that the country had felt honored to have been selected by WIPO as a pilot country for the setting-up of the WIPONET project. Recognizing the full extent of the collaboration undertaken, it hoped that it would continue to receive support for the disclosure of intellectual property and in the development of a related regional integration process.
23. The Delegation of Kenya expressed its gratitude to WIPO for its continued support in strengthening Kenya’s regime for intellectual property protection. The legislative assistance provided by WIPO had led to a successful review of Kenya’s intellectual property laws in the WTO, as the legislation was found to be largely in conformity with Kenya’s obligations under the TRIPS Agreement. In addition, the advice provided by WIPO following a fact-finding mission to Kenya in March 2001 had also resulted in the establishment of a national committee to combat piracy. Although much had been achieved through WIPO’s assistance, further assistance was required, especially as regards human resources and the strengthening of the national institutional and administrative framework for the protection of intellectual property, particularly in terms of strengthening the capacity of the intellectual property offices. The Delegation also expressed support for WIPO’s initiatives to promote the use of the intellectual property system by SMEs, particularly as these enterprises formed the backbone of many economies, including that of Kenya. It also commended WIPO for the creation of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.
24. Speaking on behalf of the African Group, the Delegation of Algeria expressed satisfaction with the work done by WIPO as part of its cooperation program, and emphasized the importance for African countries of projects such as WIPONET and IMPACT. It was also satisfied with the initiative taken, in conjunction with WTO, in support of the least developed countries, and expressed the hope this initiative would be used to develop intellectual property capacities. The Delegation described the Permanent Committee on Cooperation for Development Related to Intellectual Property (PCIPD) as the most appropriate body for the introduction of cooperation policies, and hoped that WIPO would continue its cooperation program for implementing the TRIPS Agreement in Africa and modernizing both legislation and offices. The Delegation also referred to WIPO’s activities in the field of traditional knowledge and folklore. It expressed the African Group’s hope that cooperation would be achieved through medium and long-term programs, and suggested that the Permanent Committee’s conclusions would be accompanied by recommendations so as to make WIPO’s action more dynamic, taking into account the needs expressed by Member States. It emphasized the importance of training and awareness-raising meetings as an essential tool for the promotion of intellectual property, and hoped for broad participation of African experts in these meetings. In this context, it paid tribute to the activities of the WIPO Worldwide Academy and suggested that teaching manuals for the dissemination of intellectual property be drawn up.
25. The Delegation of the United States of America commended the activities of the PCIPD. It further stated that its Government was committed to a wide-reaching program for development cooperation, particularly in support of the implementation of the TRIPS Agreement. During the current biennium, developing countries in every region of the world had been assisted in building and strengthening their systems for intellectual property protection. The Government of the United States of America attached high priority to assisting developing countries, LDCs and countries in transition in their efforts to advance the protection of intellectual property rights.
26. The Delegation of Jordan urged WIPO to continue to develop practical training programs aimed at enhancing the technical capacity of inspectors combating piracy and counterfeiting. In this regard, it requested that such programs be held in countries that had gained experience in the field, so as to allow for intercountry exchange of expertise. The Delegation reemphasized the need for the use of the Arabic language in such programs. It also requested WIPO to consider co-sponsoring public awareness campaigns aimed at the general public as well as at government officials and intellectual property users.
27. The Delegation of Oman noted that the activities under the Cooperation for Development Program had improved and expanded, particularly those undertaken by the Cooperation for Development Bureau for Arab Countries. In this regard, it expressed its pleasure at the planned WIPO International Forum on “Intellectual Property and Traditional Knowledge: Our Identity, Our Future”, which would be held in Muscat in January 2002. The Delegation reiterated the importance of human resources training and urged WIPO to continue its efforts in training specialized personnel in the field of intellectual property.
28. The Delegation of Antigua and Barbuda expressed its gratitude to WIPO for its continued support in strengthening the country’s regime for intellectual property protection. Recent assistance had included the provision of workstations from the Patent Cooperation Treaty (PCT) and Madrid Unions, a trademark module in relation to the automation project in the Caribbean region, an expert mission on the collective management of copyright and related rights, and, not least, prompt assistance in connection with preparations for the review of their national intellectual property legislation in the World Trade Organization (WTO). The provision of the trademark module would allow for the creation of a database for registrations. It was also hoped that additional hardware and software would be provided under the automation project in the near future. Although much progress had been made with the assistance of WIPO, the Delegation stressed the need for further assistance, particularly in relation to the dissemination of information on intellectual property to policy makers and the general public. This was needed in order to promote the use and protection of intellectual property as a tool for economic development. Consideration should be given to the differing situation in each country in the formulation of development cooperation activities. The Delegation also supported the suggestion to include conclusions in the report of the PCIPD.
29. The Delegation of Madagascar expressed satisfaction with the cooperation for development activities conducted by WIPO and thanked the Director General for having allowed two of the deputy Directors General, Mr. Castelo and Mr. Curchod, to visit Madagascar, a fact which bore witness to the effectiveness of this cooperation. It also emphasized how important it was for this cooperation to be extended to the islands of the Indian Ocean and, in this regard, referred to a meeting held in Madagascar in July 2001, which had been attended by 350 heads of companies, and small and medium-sized enterprises (SMEs) from the Comoros, Madagascar, Mauritius, Mayotte, Reunion Island and the Seychelles, who had discussed the protection of the geographical indications of the products manufactured on these islands and the problems of counterfeiting.
30. The Delegation of Kyrgyzstan commended the work of the PCIPD. The countries in transition required further assistance in strengthening their systems for intellectual property protection. The Delegation stressed the importance attached to the WWA’s training activities and the need for more programs to be conducted in Russian. Assistance was also required in relation to the procurement of equipment. Kyrgyzstan was interested as well in being included in the WIPONET project as this would assist it in further developing its system for the protection of intellectual property rights.
31. The Delegation of Malawi expressed its gratitude to WIPO for its development cooperation activities, and to all industrial and copyright offices which had supported WIPO in these activities. During the period under review, the Organization had provided assistance to Malawi through, inter alia, the training of government officials, the provision of equipment in the form of computers and photocopiers and through a joint WIPO/African Regional Industrial Property Organization (ARIPO) mission on needs assessment. The Government of Malawi was actively pursuing the recommendations made in the mission report which would also provide the basis for proposals for legislative reform within the framework of a national plan of action for compliance with obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) by January 2006. WIPO’s activities in Malawi had brought about increased awareness of, and interest in, intellectual property within the legal fraternity and the general public. The Law Society of Malawi was discussing a proposal to establish a national institute of intellectual property. However, the Delegation stressed that further assistance was required both in terms of training and capacity building and in terms of facilitating Malawi’s participation in important meetings such as the PCIPD. Such participation would be consistent with WIPO’s vision of integrating least developed countries (LDCs) in the promotion and protection of intellectual property. The Delegation also recognized the important role played by the WIPO Worldwide Academy (WWA) and its distance-learning program through which a number of Malawian officials had already been trained. The Delegation also extended its appreciation to all those industrial property and copyright offices which continued to cooperate with WIPO through the contribution of resources in the program of activities for development cooperation.
32. The Delegation of Uruguay supported the statement made by the Delegation of Venezuela on behalf of the Group of Countries of Latin America and the Caribbean (GRULAC), especially in relation to the dissemination of industrial property, and considered that the extent to which its knowledge would be expanded to all sectors of society would determine whether it were possible to demystify certain aspects of intellectual property and promote the development of countries in the region.
33. The Delegation of Equatorial Guinea congratulated the Organization and the Secretariat on the quality of documentation which had been made available to the meetings and its cooperation for development activities. It said that the country had become a WIPO Member State and had ratified the Berne and Paris Conventions in 1997. Within the framework of cooperation for development, Equatorial Guinea had received computer equipment and legislation-related assistance, which had enabled it to adopt a new law leading to the establishment of an industrial property office. It requested, however, additional assistance from WIPO, which could be outlined together with the Spanish Patents and Trademarks Office, owing to the country’s linguistic features. The Delegation said that Equatorial Guinea had also joined the African Intellectual Property Organization (OAPI) and had acceded to the Patent Cooperation Treaty (PCT); it said that some of its international obligations remained to be fulfilled, inter alia the provisions of the TRIPS Agreement.
34. The Delegation of Saint Lucia expressed its appreciation to WIPO for its development cooperation activities, including, in particular, those that had been carried out in Saint Lucia. Saint Lucia was still in the process of developing its intellectual property system and needed continued assistance regarding the development of human resources, increased public awareness and the provision of technological support. A trademark module had been received recently in relation to the automation project in the Caribbean region. It was hoped that this would be adapted to suit the differing needs of the countries of the region. The countries involved would cooperate with WIPO to achieve this. Saint Lucia looked forward to further cooperation with WIPO, particularly in relation to activities which catered to the needs of small island States such as Saint Lucia.
35. The Delegation of the Democratic People’s Republic of Korea expressed satisfaction with the report of the PCIPD and said that the cooperation for development program was intended mainly to help developing countries to benefit from the intellectual property protection system for the purposes of economic and cultural development, by strengthening in particular cooperation in the fields of legislation and information technology. It noted the effectiveness of the cooperation as regards the supply of equipment for the computerization of industrial property registration systems, thanked WIPO for the efforts undertaken within its cooperation for development activities, and suggested that in future emphasis be placed on vocational training, in order to provide officials from developing countries with the means to respond to changes in legislation, the increase in the number of registration applications, and the spread of electronic communications.
36. The Delegation of Côte d’Ivoire thanked the Secretariat of WIPO for the support given to its country in the course of the past year. It emphasized that, even though economic operators and academic and judicial circles in Côte d’Ivoire were beginning to become familiar with the concept of intellectual property, the major challenge to be met consisted in consolidating the bond between intellectual property and development in the minds of the people in general and also rural producers, craftsmen and small and medium-sized enterprises (SMEs). For that reason it was pleased with the directions that were being followed and the programs put in hand at the present time by WIPO, notably with respect to the protection of traditional knowledge, folklore and access to genetic resources. It expressed its appreciation for WIPO’s assistance in the implementation of a pilot project for the exploitation of geographical indications in Côte d’Ivoire, which had taken place in collaboration with France’s National Institute of Industrial Property (INPI). Finally, the Delegation expressed its country’s interest in the WIPO program for SMEs, and its conviction that WIPO would succeed in applying it with due regard to the needs and special characteristics of developing countries; the implementation of the program should make it possible to observe the extent to which the intellectual property system could contribute to the raising of the technological level of such countries.
37. The Secretariat thanked all those Delegations which had taken the floor and assured them that the Secretariat would take careful note of all their comments and suggestions and would take the necessary measures to implement them. In response to a point that had been raised by the Delegation of Egypt, the Secretariat recalled that at the first meeting of the PCIPD, the member States had requested that the Committee should meet at a time that would allow for an assessment to be made of the implementation of programs and sub-programs for the biennium and for suggestions to be made for the next Program and Budget of the Organization. Consequently, the choice of the date of the meeting of the Committee was made with a purpose not only of enabling an assessment of activities and corrections to be made, whenever necessary, but also to enable the inclusion, in the draft Program and Budget, of suggestions emanating from the Committee. This had been done and all relevant suggestions emanating from the Committee had been built in to the draft Program and Budget for the biennium 2002-2003. The agenda of the Committee was in line with the work of WIPO. However, the work of the PCIPD needed to be carefully coordinated with the work of other committees of WIPO in order to avoid duplication.
38. The Conference took note of the contents of document WO/CF/19/1 and suggestions and proposals made by all delegations.
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