About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

Enforcement Advisory Body Addresses Key Questions Relating to Intellectual Property

Geneva, July 1, 2004
Press Updates UPD/2004/227

The key role of the judiciary in the effective enforcement of intellectual property rights (IPRs) was at the heart of discussions at a meeting of the Advisory Committee on Enforcement (ACE) in Geneva from June 28 to 30, 2004.

Dr. Kamil Idris, Director General of WIPO, welcomed discussions by member states to reinforce the role of the judiciary in enforcement. "The importance of enforcement of intellectual property rights and the role of the judiciary cannot be understated," Dr. Idris said. He added "For true economic, social and cultural development to occur, intellectual property must play a crucial role; for IPRs to play that role they must be enforced throughout society."

The ACE was set up by WIPO member states in 2002 as a forum for discussion of enforcement matters with a mandate to provide technical assistance and coordination, cooperation and the exchange of information on questions of enforcement. Member states agreed on the importance of enforcement and underlined the value of the Committee as a forum for discussion and exchange of national experiences to promote better understanding of enforcement issues. Some 143 representatives from 62 member states, 3 inter-governmental organizations, and 13 non-governmental organizations attended the meeting which was chaired by Mr. Henry Olsson, Special Government Advisor, Ministry of Justice of Sweden.

A series of presentations by top judges and senior government officials from around the world were delivered during the 3-day meeting which examined the role of the judiciary, quasi-judicial authorities and the prosecution in enforcement activities; parallels between civil and common law legal systems; administrative procedures in the enforcement of IPRs; criminal procedures and sanctions; and various national experiences.

Given the pivotal role of the judiciary in the enforcement of IPRs, the Committee agreed on the global importance of continued judicial training and specialization in the field of intellectual property and on the need to raise awareness of IP enforcement issues at all levels of the judiciary.

A range of key questions relating to IPR enforcement were discussed by the Committee, including civil and criminal actions and remedies, the determination of damages in different legal systems, and ways to reduce IP litigation costs – a fundamental concern for an effective IP enforcement system. On the question of reducing litigation costs, the Committee discussed the importance of effective case management by the judiciary, the integration of mediation procedures within judicial structures, the streamlining of procedures in IP litigation and the role of quasi-judicial administrative procedures. The Committee also emphasized the important role played by right holders in obtaining evidence and identifying infringing goods.

At its next session in June 2005, it was agreed that the Committee will cover the issue of education and awareness-building, including training, in all areas of enforcement, with a particular focus on areas of common concern as reflected in requests for assistance in this area by member states.

For further information, please contact the Media Relations and Public Affairs Section at WIPO:

  • Tel: (+41 22) - 338 81 61 or 338 95 47
  • Fax: (+41 22) - 338 88 10
  • Email: publicinf@wipo.int.
https://www3.wipo.int/contact/en/area.jsp?area=publicinfo https://www.wipo.int/pressroom/en/ https://www.wipo.int/tools/en/disclaim.html https://www.wipo.int/en/web/privacy-policy/ https://www.wipo.int/en/web/accessibility/ https://www.wipo.int/tools/en/sitemap.html https://www3.wipo.int/newsletters/en/ https://www.wipo.int/en/web/podcasts/ https://www.wipo.int/news/en/