New Parties to WIPO-Administered Treaties in 2006

During 2006, 43 instruments of accession or ratification and one declaration of continued application¹ of treaties administered by WIPO were deposited with WIPO Director General Kamil Idris. A significant development during the year 2006 was the adoption, on March 27, 2006, by the Diplomatic Conference for the Adoption of a Revised Trademark Law Treaty, of the Singapore Treaty on the Law of Trademarks. The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures.

WIPO Convention - The Convention Establishing the World Intellectual Property Organization was signed at Stockholm on July 14, 1967, and entered into force in 1970. WIPO is responsible for the promotion of the protection of intellectual property throughout the world through cooperation among States, and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property.

In 2006, Montenegro made a declaration of continued application in Montenegro of all the Treaties to which Serbia and Montenegro was a party, including the WIPO Convention, bringing the total number of WIPO Member States to 184.

In the field of industrial property

Paris Convention - The Paris Convention for the Protection of Industrial Property was concluded in 1883 and is one of the pillars of the international intellectual property system. It applies to industrial property in the widest sense, including inventions, marks, industrial designs, utility models (a kind of "small patent" provided for by the laws of some countries), trade names (designations under which an industrial or commercial activity is carried on), geographical indications (indications of source and appellations of origin) and the repression of unfair competition.

In 2006, Yemen adhered to the Paris Convention and Montenegro made a declaration of continued application in Montenegro of the said Convention (2), bringing the total number of States to 171.

Patent Cooperation Treaty (PCT) - The Patent Cooperation Treaty (PCT) was concluded in 1970. The PCT makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an "international" patent application. Such an application may be filed by anyone who is a national or resident of a Contracting State. The Treaty regulates the formal requirements with which any international application must comply.

In 2006, Bahrain, El Salvador, Guatemala, Honduras, Lao People’s Democratic Republic, Malaysia and Malta adhered to the PCT and Montenegro made a declaration of continued application in Montenegro of the said Treaty (8) bringing the total number of States to 136.

Madrid Agreement and Madrid Protocol - The Madrid system for the International Registration of Marks (the Madrid system) is governed by two treaties: the Madrid Agreement Concerning the International Registration of Marks (Madrid Agreement) and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol).

The Madrid Agreement was concluded in 1891, and the Madrid Protocol was concluded in 1989 in order to introduce certain new features into the Madrid system. These address the difficulties that prevent certain countries from adhering to the Madrid Agreement by rendering the system more flexible and more compatible with the domestic legislation of these countries.

In 2006, Montenegro made a declaration of continued application in Montenegro of the Madrid Agreement (1), bringing the total number of States to 57.

In 2006, Botswana, Uzbekistan and Viet Nam adhered to the Madrid Protocol and Montenegro made a declaration of continued application in Montenegro of the said Protocol (4), bringing the total number of States to 71.

Madrid Agreement (Indications of Source) - The Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods was concluded in 1891. Under the Agreement, all goods bearing a false or deceptive indication of source, by which one of the Contracting States, or a place situated therein, is directly or indirectly indicated as being the country or place of origin, must be seized on importation, or such importation must be prohibited, or other actions and sanctions must be applied in connection with such importation.

In 2006, Montenegro made a declaration of continued application in Montenegro of the Madrid Agreement (Indications of Source), bringing the total number of States to 35.

Trademark Law Treaty (TLT) - The Trademark Law Treaty (TLT) was concluded in 1994 and aims to approximate and streamline national and regional trademark registration procedures through the simplification and harmonization of certain features of those procedures, thus making trademark applications and the administration of trademark registrations in multiple jurisdictions less complex and more predictable.

In 2006, Bahrain, Bosnia and Herzegovina, Croatia and France adhered to the TLT, and Montenegro made a declaration of continued application in Montenegro of the said Treaty (5), bringing the total number of Sates to 38.

Strasbourg Agreement - The Strasbourg Agreement Concerning the International Patent Classification was concluded in 1971 and establishes the International Patent Classification (IPC). The International Patent Classification (IPC) divides technology into eight sections with approximately 70,000 subdivisions. Each subdivision has a symbol which is allotted by the national or regional industrial property office that publishes the patent document.

In 2006, Albania and Turkmenistan (2) adhered to the Strasbourg Agreement, bringing the total number of States to 57.

Nice Agreement - The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks was concluded in 1957. The Nice Agreement establishes a classification of goods and services for the purposes of registering trademarks and service marks. The Classification consists of a list of classes (based on types of products and services) of which there are 34 for goods and 11 for services and an alphabetical list of the goods and services.

In 2006, Turkmenistan adhered to the Nice Agreement and Montenegro made a declaration of continued application in Montenegro of the said Treaty (2), bringing the total number of States to 80.

Vienna Agreement - The Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks was concluded in 1973. The Vienna Agreement establishes a classification system for marks consisting of or containing figurative elements. The classification comprises 29 categories, 144 divisions and some 1,887 sections in which the figurative elements of marks are classified.

In 2006, Croatia and Turkmenistan (2) adhered to the Vienna Agreement, bringing the total number of States to 23.

Locarno Agreement - The Locarno Agreement Establishing an International Classification for Industrial Designs was concluded in 1968. The Locarno Agreement establishes a classification for industrial designs, which consists of 32 classes and 223 subclasses based on different types of products. It also comprises an alphabetical list of goods with an indication of the classes and subclasses into which these goods fall. The list contains some 6,600 indications of different kinds of goods.

In 2006, Turkmenistan and Uzbekistan adhered to the Locarno Agreement and Montenegro made a declaration of continued application in Montenegro of the said Treaty (3), bringing the total number of States to 48.

Budapest Treaty - The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure was concluded in 1977. The main feature of the Budapest Treaty is that a Contracting State which allows or requires the deposit of microorganisms for the purposes of patent procedure must recognize, for such purposes, the deposit of a microorganism with any "international depositary authority," irrespective of whether such authority is on or outside the territory of the said State. This eliminates the need to deposit in each country in which protection is sought.

In 2006, El Salvador, Guatemala, Honduras and Nicaragua adhered to the Budapest Treaty and Montenegro made a declaration of continued application in Montenegro of the said Treaty (5), bringing the total number of States to 66.

Nairobi Treaty - The Nairobi treaty on the Protection of the Olympic symbol was concluded in 1981. All Contracting States are obliged to protect the Olympic symbol (the five interlaced rings) against use for commercial purposes (in advertisements, on goods, as a mark, etc.) without the authorization of the International Olympic Committee.

In 2006, Estonia adhered to the Nairobi Treaty and Montenegro made a declaration of continued application in Montenegro of the said Treaty (2), bringing the total number of States to 46.

Lisbon Agreement - The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration was concluded in 1958. The aim of the Agreement is to provide for the protection of appellations of origin, that is, the "geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographic environment, including natural and human factors".

In 2006, Nicaragua adhered to the Lisbon Agreement and Montenegro made a declaration of continued application in Montenegro of the said Treaty (2), bringing the total number of States to 26.

The Hague Agreement - The system of international registration of industrial designs is governed by the Hague Agreement Concerning the International Deposit of Industrial Designs which dates from 1925 and has been revised at various times, in particular in London (1934 Act) and the Hague (1960 Act).

The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs was concluded in 1999. The Act is aimed at making the system more responsive to the needs of users and facilitating adherence by countries whose industrial designs systems do not permit them to accede to the 1960 Hague Act.

In 2006, Mali adhered to the Hague Act and the Complementary Act of Stockholm of the Hague Agreement, and Montenegro made a declaration of continued application in Montenegro of the said Acts (2), bringing the total number of States to 33.

In 2006, Botswana and France (2) adhered to the Geneva Act of the Hague Agreement, bringing the total number of States to 21.

Patent Law Treaty (PLT) - The Patent Law Treaty (PLT) was concluded in 2000. The purpose of the PLT is to harmonize and streamline formal procedures in respect of national and regional patent applications and patents. With a significant exception for the filing date requirements, the PLT provides maximum sets of requirements which the office of a contracting party may apply: the office may not lay down any other formal requirements in respect of matters dealt with by this Treaty.

In 2006, Uzbekistan (1) adhered to the PLT, bringing the total number of States to 14.

In the field of copyright and related rights

Berne Convention - The Berne Convention for the Protection of Literary and Artistic Works was concluded in 1886. The Convention sets out and defines minimum standards of protection of the economic and moral rights of authors of literary and artistic works.

In 2006, Brunei Darussalam and Samoa adhered to the Berne Convention and Montenegro made a declaration of continued application in Montenegro of the said Convention (3), bringing the total number of States to 163.

Rome Convention - The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, concluded in 1961, secures protection of performers on their performances, phonograms of producers of phonograms and broadcasts of broadcasting organizations.

In 2006, the Syrian Arab Republic and Viet Nam adhered to the Rome Convention and Montenegro made a declaration of continued application in Montenegro of the said Convention (3), bringing the total number of States to 85.

WIPO Copyright Treaty (WCT) - The WIPO Copyright Treaty (WCT) was concluded in 1996. It extends copyright protection to two additional subject matters: (i) computer programs and (ii) compilations of data or other material ("databases") in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations, and it grants new rights corresponding to the new forms of exploitation of works in the digital environment.

In 2006, Azerbaijan, Belgium, Benin and Ghana adhered to the WCT and Montenegro made a declaration of continued application in Montenegro of the said Treaty (5), bringing the total number of States to 61.

WIPO Performances and Phonograms Treaty (WPPT) - The WIPO Performances and Phonograms Treaty (WPPT) was concluded in 1996. The Treaty deals with intellectual property rights of two kinds of beneficiaries: (i) performers (actors, singers, musicians, etc.), and (ii) producers of phonograms (the persons or legal entities who or which take the initiative and have the responsibility for the fixation of the sounds). They are dealt with in the same instrument because most of the rights granted by the Treaty to performers are rights connected with their fixed, purely aural performances (which are the subject matter of phonograms).

In 2006, Azerbaijan, Belgium and Benin adhered to the WPPT and Montenegro made a declaration of continued application in Montenegro of the said Treaty (4), bringing the total number of States to 59.

Geneva Convention (Phonograms) - The Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms was concluded in 1971. The Geneva Convention obliges each Contracting State to protect a producer of phonograms who is a national of another Contracting State against the making of duplicates without the consent of the producer, against the importation of such duplicates, where the making or importation is for the purposes of distribution to the public, and against the distribution of such duplicates to the public.

In 2006, Montenegro made a declaration of continued application in Montenegro of the Geneva Convention (1), bringing the total number of States to 76.

Satellites Convention (Brussels) - The Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, concluded in 1974, provides for the obligation of each Contracting State to take adequate measures to prevent the unauthorized distribution on or from its territory of any programme-carrying signal transmitted by satellite. The obligation exists in respect of organizations that are nationals of a Contracting State. The provisions of this Convention are not applicable, however, where the distribution of signals is made from a direct broadcasting satellite.

In 2006, Montenegro made a declaration of continued application in Montenegro of the Satellites Convention, bringing the total number of States to 29.

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1. The Republic of Montenegro deposited this declaration according to which 15 treaties, including the WIPO Convention and certain other WIPO-administered treaties to which Serbia and Montenegro was a party, continued to be applicable in respect of its territory as from June 3, 2006.