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INTRODUCTION TO INTELLECTUAL PROPERTY ISUES AND CHALLENGES - ROLE OF THE WORLD INTELLECTUAL PROPERTY ORGANIZATION

Seminar on the Protection of Geographical Indications

Challenges in Poland after the Accession to the European

Union

Warsaw, April 26, 2006

JUDr. Michal SVANTNER

Senior Counsellor

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Focus of the presentation:

IPRs - in generalWIPO’s role

Current Challenges

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Intellectual Property:Creations of the mind

Commercial symbols (trademarks, trade names, geographical indications)Inventions, utility models, layout

designs, plant varieties, know-howWorks of applied art

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• Patent for the fountain pen that could store ink

• Utility Model for the grip and pipette for injection of ink

• Industrial Design: smart design with the grip in the shape of an arrow

• Trademark: provided on the product and the packaging to distinguish it from other pens

Source: Japanese Patent Office

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• Industrial Property

– Patents (for inventions), utilitymodels

– Trademarks, geographicalindications, appellations of origin

– Industrial Designs– Integrated Circuits Design– Trade Secrets– Unfair Competition– Protection of New Plant Varieties

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• Copyright

Literary, artistic and scientific works,music, computer programs

Performances of performing artists,phonograms, and broadcasts

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European Union - TAIEX

• TAIEX is the Technical Assistance and Information Exchange unit of Directorate-General Enlargement of the European Commission.

• TAIEX provides short-term technical assistance to the new Member States, Candidate Countries, and the administrations of the Western Balkans.

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EU - TAIEX • assistance, is focused on approximation, application

and enforcement of EU legislation and is provided by peers and Commission experts.

• countries covered: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Republic, Slovenia

• Bulgaria, Romania and Turkey

• Serbia and Montenegro, Former Yugoslav Republic of Macedonia, Republic of Croatia, Bosnia and Herzegovina, Republic of Albania (and Kosovo as defined in UN Security Council Resolution of June 10, 1999)

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World Intellectual Property Organisation (WIPO)

Some Facts

• International Organisation, specialised agency of the UN

• Mandate: to promote the protection of intellectual property

• 182 Member States, representing over 90 % of the world’s countries

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WIPO

• International public law body of Member States

• Treaty based management of international mechanisms for acquisition and maintenance of intellectual property rights administered by WIPO

• Technical Assistance

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WIPO’s Activities

• Development of international IP law standards through global Conventions (2005: 23 treaties administered by WIPO)

• Global protection systems & services: internationally agreed standards for the protection of IP through registration with the International Bureau, ex. PCT, Madrid Agreement and Protocol, Hague Agreement.

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(Annex) International Treaties:

• Paris Convention for the Protection of Industrial Property

• Bern Convention for the Protection of Literary and Artistic Works

• Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)

• Trademark Law Treaty and the Patent Law Treaty (PLT)

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(Annex) International Treaties:

• Patent Cooperation Treaty (PCT)

• Madrid Agreement Concerning the International Registration of Marks

• Hague Agreement Concerning the International Deposit of Designs

• Lisbon Agreement for the Protection of Appellations of Origin and their International Registration.

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WIPO ’s Activities - continued

Assistance to countries to further develop their IP systems

Technical cooperation

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WIPO ’s Activities - continued

• Training for different audience (ex. National IP Offices, mid-high level governmental officials, managers, SMEs representatives, judges, attorneys, customs, police…..)

• Public awareness campaigns

• Exchange of Information

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WIPO ’s Activities - continued

Co-operation :• with WTO in the implementation of the TRIPS

Agreement• EUROPEAN COMMISSION

Directorate-General Enlargement (TAIEX)

Assistance Information Exchange Office

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WIPO ’s Activities - continued

Implementation of the Community Assistance for Reconstruction, Development and Stabilization (CARDS) Project for the Western Balkan Countries funded by the EU managed by the European Patent Office (EPO)

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What can WIPO Provide: Knowledge Management Center and e-Library: Journals - online editions Books - Catalogues - WorldPAC Copyright(c)

Electronic Online Systems (EOS) Bookshops : http://www.wipo.int/ebookshop

United Nations System - Shared Cataloguing andPublic Access System

Online Tools - Services : Databases, Dictionaries,WIPO Documents

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Challenges to the IP System:

• Demand has been increasing rapidly

• driven by search for protection over broader

• geographical markets (“globalization”)

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Capital

Labour

Knowledge

Capital

Labour

Knowledge

Capital

LabourKnowledge

Pre -industrialera

Industrial era

The « knowledgeeconomy »

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1982 2000

Intangible assets

Physical assets

US COMPANIES’ INTANGIBLE

ASSETS AS % OF TOTAL ASSETS

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MOTTO:

Important factor:

STRENGTH OF INTELLECTUAL PROPERTY PROTECTION

if weak - foreign investors are discouraged

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INTELLECTUAL PROPERTY: A MULTIFUNCTIONAL TOOLENGINE FOR ECONOMY

A MACROECONOMIC tool to enhance economic & social development policies.

A MICROECONOMIC tool to bring value to a business enterprise.

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INTELLECTUAL PROPERTY CAN BRING VALUE TO YOUR BUSINESS

1. IP is an asset (whose value can be appraised and that can be sold, licensed or even used as security for financing).

2. IP can be used defensively against competitors.

3. IP can be used proactively as a marketing tool (in particular, to help develop, enhance & protect your brand).

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JUST AS A BUSINESS PLAN IS ESSENTIAL FOR ANY BUSINESS VENTURE,

AN INTELLECTUAL PROPERTY STRATEGY SHOULD BE PART OF EVERY DEVELOPMENT STRATEGY.

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Challenges • Inter-regional cooperation in the fields of

intellectual property (EC/Countries of Central Easter Europe….changes in practice to come to the EU level)

• Cooperation for knowledge, technology transfer • Upgrading innovation areas• Timely information (economic rights - response to

the situation in the market)• IP Integrated policies/procedures

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Challenges - enforcement

• Enforcement of IPRs - coordinated approach - all actors

• WIPO - Creation of the Advisory Committee on Enforcement (ACE) in 2002 - 179 Member States agreed that IP enforcement is an important issue to address at the international level;

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Challenges - enforcement

• Creation of a special IP Enforcement Division (2002)

• Development of the legal framework : (1) at the international level : enforcement provisions in various WIPO-administered treaties, and participation in legal discussions in various international forums (2) assistance on national legislation : some trends to make IP enforcement more efficient (ex. civil procedure, remedies, criminal sanctions, border measures )

• IP enforcement strategy assistance in cooperation with national governments

• Example from EU: Directive 2004/48/EC of the European Parliament and of the Council, April 29, 2004 on the enforcement of IPRs

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Dziekuje bardzo zauwage

Jezeli potrzebuje Pani/Pan mojej pomocy,prosze bez wahania

kontaktowac sie ze mna.Michal Svannter, JUDr.

michal.svantner@wipo.int

www.wipo.org

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michal.svantner@wipo.int

THANK YOU

www.wipo.intwww.ompi.int