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WIPO Assemblies Conclude

Geneva, October 3, 2006
Press Releases PR/2006/462

The Assemblies of the member states of the World Intellectual Property Organization (WIPO) concluded on Tuesday, October 3, 2006, following a review of activities over the past year and agreement on future work. The WIPO Assemblies bring together the 183 member states of the Organization. The WIPO General Assembly was chaired by Ambassador Enrique Manalo, Permanent Representative of the Philippines to the United Nations and other international organizations in Geneva.

Speaking at the closing session, the Director General of WIPO, Dr. Kamil Idris, thanked Ambassador Manalo for the successful outcome of the General Assembly. He also thanked delegates, "individually and collectively, for the wisdom that has prevailed during this session, for your political commitment and good will in ensuring that all items handled by the General Assembly have been successfully concluded." Dr. Idris said "I very much hope that this good spirit of determination and commitment will prevail so that the Organization can face the challenges lying ahead."

Ambassador Manalo thanked the Director General for his leadership and delegations for their active participation in the work of the General Assembly. He welcomed the spirit of cooperation that characterized the talks and thanked member states for "their hard work and diligence" adding "indeed, the spirit of good will and cooperation that permeated the halls of this Assembly made an immense difference in ensuring our meeting's success. Allow me to say that the positive results of our meeting can also be attributed to all of your unrelenting efforts to arrive at decisions by consensus especially on the major issues on our agenda." Ambassador Manalo urged member states to harness the spirit of hard work and cooperation that had led to the successful conclusion of this year's General Assembly and requested their continued cooperation and commitment in bringing the decisions taken by the General Assembly to a successful conclusion in the future.

Many delegations, including coordinators of regional groups, congratulated the Director General and the Chairman on the successful outcome of the Assemblies and the achievement of consensus on all items on the agenda.

The highlights of the meeting that took place from September 25 through October 3, 2006, include (according to the order of the agenda – all documents available at https://www.wipo.int/meetings/en/details.jsp?meeting_id=11023):

  • The WIPO Assemblies approved the results-based Program Performance Report of the Organization for the 2004-2005 biennium. At the close of the general debate on this item, Dr. Idris, thanked member states for their positive and constructive discussions and said that it was only against a background of clear, accurate and reasoned input about national aspirations and constraints that realistic progress can be made towards common goals. He said, "we are all committed to the future of WIPO as the recognized global forum for the development and use of the intellectual property system as a means of economic and cultural enrichment of every nation." Dr. Idris underlined the Organization's commitment to the highest standards of efficiency and responsible management and assured delegations that their comments and observations would be taken into account in the future work of the Organization.

The WIPO Assemblies also took note of information on the implementation of major activities in the first half of 2006, including the Progress Report on the New Construction Project, informing member states about progress made since the WIPO Assemblies in 2005.

  • Member states expressed support for the Singapore Treaty on the Law of Trademarks (Singapore Treaty) which they concluded by consensus in March 2006. Delegates thanked the Government of Singapore for its generosity in hosting the conference. The Singapore Treaty, which streamlines administrative procedures associated with trademark registration procedures and promises to reduce costs for trademark owners, will enter into force when 10 countries or intergovernmental organizations ratify or accede to the treaty. Delegations said that the successful outcome of the diplomatic conference underlined the continuing and important role played by WIPO in the field of intellectual property standard-setting. Member states also welcomed a resolution by the diplomatic conference to provide assistance to least developed and developing countries in facilitating implementation of the Treaty in those countries. WIPO has already taken steps in this regard. Implementation of the Singapore Treaty will enable national and regional trademark administration authorities to benefit from simplified procedures, including electronic means of communication. This will reduce procedural transaction costs, enhance confidence in the trademark system and provide additional incentives for business to further invest and expand. In this way, the Treaty will serve to improve the international environment for trade and investment.

  • The WIPO Assemblies adopted a new mechanism for the preparation and follow up of the program and budget, which enhances the role of member states and strengthens the link with lessons learned from the Organization's previous program and financial performance. Member states welcomed the secretariat's progress report on the implementation of the Joint Inspection Unit's recommendations, including progress on the desk-to-desk review. They also welcomed a report on the secretariat's initiatives in the last year to strengthen budgetary, control and managerial processes, including, in particular, the development of a comprehensive human resources strategy, revision of a number of human resources policies, the comprehensive revision of procurement rules and procedures, and the strengthening of internal oversight.

  • The General Assembly agreed to renew the mandate of the Provisional Committee on Proposals Related to a WIPO Development Agenda (PCDA) for a further year. The General Assembly reviewed the positive deliberations during the two sessions of the PCDA in February and June 2006 and emphasized the need to continue discussions on the proposals submitted so far in the process. The General Assembly agreed that the PCDA will hold two 5-day sessions to allow for structured in-depth discussions on all 111 proposals made so far. The lists of proposals to be discussed in the first and second sessions were identified. (For further details of the decision see https://www.wipo.int/pressroom/en/prdocs/2006/wipo_pr_2006_461.html).

  • Member states noted the status of consultations on the protection of audiovisual performances and that the Director General has been conducting informal consultations among member states and key stakeholders in the private sector to identify ways and means for making progress on outstanding issues. These consultations have taken place in a constructive spirit. Member states agreed to keep the issue on the agenda of the General Assembly in September 2007. International discussions on the protection of audiovisual performers rights date from the early 1990s. In 2000 a diplomatic conference on the protection of audiovisual performances made significant progress in shoring up the rights of performers in their audiovisual performances, but did not reach agreement. The adoption of a new instrument would strengthen the position of performers in the audiovisual industry by providing a clearer legal basis for the international use of audiovisual works, both in traditional media and in digital networks. Moreover an international instrument would contribute to safeguarding the rights of performers against the unauthorized use of their performances in audiovisual media, such as television, film and video. The General Assembly also noted the Director General's proposal to organize national and regional seminars on the issues in the coming year in order to promote developments in this area, both at the levels of national legislation and international consensus-building. These seminars will explore the issues at stake and the various solutions found in existing national legislation and contractual practices.

  • The General Assembly agreed to convene a diplomatic conference from November 19 to December 7, 2007 to update the rights of broadcasting organizations with a view to concluding a treaty on the protection of broadcasting organizations, including cablecasting organizations. The decision lays out a roadmap for the last leg of negotiations and includes the holding of two special sessions of the Standing Committee on Copyright and Related Rights (SCCR) "to clarify the outstanding issues" and to "aim to agree and finalize, on a signal-based approach, the objectives, specific scope and object of protection." The SCCR sessions will be held in January 2007 and June 2007. The discussions are confined to the protection of traditional broadcasting organizations and cablecasting following a decision by the May 2006 session of the SCCR to examine questions of webcasting and simulcasting on a separate track. For more information please see https://www.wipo.int/pressroom/en/prdocs/2006/wipo_pr_2006_460.html.

  • Member states took note of the work of the Advisory Committee on Enforcement (ACE), in particular, in the field of education and awareness building, including training, in all areas of intellectual property enforcement. Presentations on these themes delivered at the third session of the ACE in June 2006 are available on-line at https://www.wipo.int/meetings/en/details.jsp?meeting_id=9964.

  • Member states agreed on a way forward in respect of discussions held in the context of WIPO's Standing Committee on the Law of Patents (SCP) which, in past years, has been discussing mainly substantive patent law issues. Member states decided that proposals for the work program of the SCP, including proposals on ways forward or approaches, may be submitted by December 2006. Proposals will be circulated in consolidated form to all member states. It was also decided that the Chairman of the General Assembly will hold informal consultations in the first half of 2007 for the purpose of discussing the proposals and recommending a work plan for the SCP to the General Assembly in September 2007. In this regard, the Chairman will decide the form of the consultations, which shall be inclusive, and whether it is desirable to hold informal consultations in a meeting of all member states. The General Assembly in September 2007 will consider the results of the consultations with a view to establishing a work plan for the SCP for 2008 and 2009. The SCP is the main forum at WIPO for talks on patent issues.

The secretariat also informed member states that a series of informal information meetings on a number of patent issues will be organized between October 2006 and September 2007 in Geneva. The proposed topics are research exemption; standards and patents; flexibilities in the patent system; technology and policy information available in the patent system; national strategies for innovation; and patents and transfer of technology. The first two colloquia will be held on October 11 and November 29, 2006, respectively.

  • Member states expressed their commitment to advancing the work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) and underlined the importance of accelerating the committee's work and generating tangible results. The mandate of the IGC was extended for two years by the WIPO General Assembly at its 2005 session. The renewed mandate, in line with the General Assembly's 2003 directions to the IGC, excludes no outcome, including the possible development of an international instrument or instruments in this field. Member states also welcomed the implementation of the Voluntary Fund established at the 2005 General Assembly to finance the participation of representatives of accredited observers representing indigenous and local communities. The Voluntary Fund has attracted a number of pledges which promise to make it operational in time for the December meeting of the IGC (for background information on the Voluntary Fund please see https://www.wipo.int/pressroom/en/prdocs/2005/wipo_pr_2005_422.html).

  • The General Assembly also reviewed WIPO's activities in relation to the protection of intellectual property in the Internet Domain Name System (DNS). The WIPO Arbitration and Mediation Center administers dispute resolution procedures under the Uniform Domain Name Dispute Resolution Policy (UDRP) adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) in December 1999 on the basis of recommendations made by WIPO. The Center has administered more than 9,000 cases covering over 17,000 domain names since December 1999. In 2005, the Center witnessed a 20 per cent increase over the previous year. This increase has continued in the first six months of 2006 with a current average filing rate of some 4.5 new cases per calendar day, with the general trend moving upward. Member states also took note of the status of recommendations made by the WIPO General Assembly in 2002 in relation to the Second WIPO Internet Domain Name Process. This process concerned the relationship between domain names and certain types of identifiers other than trademarks. Recommendations for the protection in the DNS of the names and acronyms of international intergovernmental organizations (IGOs) are now under consideration by ICANN which is responsible for management of the DNS.

  • Member states endorsed the appointment of the Nordic Patent Institute, comprising the patent offices of Denmark, Iceland and Norway, as an International Searching and Preliminary Examining Authority under the Patent Cooperation Treaty (PCT) - these entities, in particular, prepare international search reports and opinions on applications submitted under the PCT, a cost-effective and efficient mechanism by which inventors may obtain patent protection in multiple countries. The PCT Assembly also reviewed the status of the PCT reform process which is designed to ensure that the PCT is in line with the needs of the user community. Delegates also took note of the status of deployment of information technologies (IT) in the work of the PCT which has produced significant productivity gains in the past three years.

  • Member states further endorsed a proposal to establish a digital access service for priority documents. The priority right established by the Paris Convention for the Protection of Industrial Property is a basic principle of the patent system which offers anyone who has filed an application for a patent in a member country a right of priority, for the purpose of filing in other member countries. The digital access service for priority documents is a voluntary arrangement designed to avoid the need for applicants to produce proof of filing of the original application separately in each state where priority is claimed. In this regard, member states approved the convening in early 2007 of a working group to assist in establishing the necessary procedures.

  • The Assembly of the Madrid Union for the international registration of trademarks, examined the provisions concerning the refusal procedure, as required under the Madrid Protocol after 10 years from its entry into force. Member states concluded that the refusal procedure was functioning satisfactorily and that no substantive change was required. The Madrid Assembly also adopted an interpretative statement allowing for further reviews of the operation of the refusal procedure in the future.

The Madrid Assembly also adopted a number of amendments to the Common Regulations under the Madrid Agreement and Protocol which govern the international trademark registration system. Most of the amendments will take effect as from April 1, 2007, such as a change to the effect that any person can, henceforth, be appointed as a representative with regard to an international registration. Member states also adopted amendments concerning provisions relating to the continuation of effects of international registrations in states that become independent from another member state. These provisions establish a simple procedure allowing holders of international registrations to maintain their international registration in the newly independent country.

The Madrid Assembly also extended the mandate of the Working Group on the Legal Development of the Madrid System to continue discussing a possible review of the "safeguard clause" in the Madrid Protocol, and ensure that the system will continue to meet the needs of the user community.

The WIPO-administered Madrid system offers a trademark owner the possibility of having a mark protected in up to 77 countries and the European Community (EC) by filing a single application, in one language (English, French or Spanish), with one set of fees, in one currency (Swiss Francs). For further information, please see https://www.wipo.int/pressroom/en/prdocs/2006/wipo_pr_2006_437.html.

  • In line with the Organization's commitment to transparency and inclusive debate, the WIPO Assemblies also agreed to grant observer status to a number of international non-governmental organizations. These include the Arab Federation for the Protection of Intellectual Property Rights (AFPIPR); the European Commercial Patent Services Group (PatCom); and 3D → Trade – Human Rights – Equitable Economy (3D). Organizations granted observer status are invited to attend the meetings of WIPO Assemblies and other meetings of direct interest to them. Nine additional national non-governmental organizations considered to be in a position to offer constructive and substantive contributions to the deliberations of WIPO Assemblies, were granted observer status in conformity with a decision by WIPO member states in October 2002. These include: American BioIndustry Alliance (ABIA); Association romande de propriété intellectuelle (AROPI); Confederation of Indian Industry (CII); Conseil national pour la promotion de la musique traditionnelle du Congo (CNPMTC); EXIT Centre – Information Technology Business Support Centre (EXIT Centre – IT BSC); The Federalist Society for Law and Public Policy Studies (The Federalist Society); Japan Patent Attorneys Association (JPAA); National Intellectual Property Organization (NIPO); Syrian Intellectual Property Association (SIPA). At present, 67 inter-governmental organizations (IGOs), 203 international NGOs and 40 national NGOs have observer status with WIPO.

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

  • Tel: (+41 22) 338 81 61 or (+41 22) 338 95 47;

  • E-mail: publicinf@wipo.int

  • Fax: (+41 22) 338 82 80.

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