wipo magazine, issue no. 9, 1999 · makers to top executives of indus-try worldwide as well as...

Contents

Geneva

September 1999

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Cutting edge issues of e-commerce, tackled by international experts

at WIPO International Conference in Geneva

WIPO outlines “Digital Agenda”

WIPO welcomes U.S. ratification of “Internet” treaties

WIPO General Assemblies

Member States approve 8 percent growth in program and budget for 2000-2001

Vision and strategic direction of WIPO

A tribute to two former Directors General marks the opening day of the WIPO General Assemblies

IAC commends WIPO for work in area of domain names

Academy

Young professionals and students from across the globe dedicate six weeks to the study

of intellectual property in WIPO Academy’s second Summer Internship Program

Exchanging views on geographical indications in South Africa

Cooperation for development

CIS countries consider key elements for an IP office

Seminar demonstrates considerable interest in copyright protection in CIS

African countries tackle IP issues of the digital age in Mombasa

Copyright

Regional forums make progress identifying new international standards for broadcasters’ rights

CLEA goes live on the Internet

WIPO welcomes accession by Jamaica to Paris Convention

First seminar on WIPO’s new treaty on industrial designs – the Geneva Act

Finalists chosen for architectural competition

to build new WIPO building in Geneva

La Batie

Calendar of meetings

Products

On the move with the new WIPO IP information panels

New publications

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Cutting edge issues of e-commerce, tackledby international experts at WIPO InternationalConference in Geneva

The WIPO Magazine is published monthlyby the Office of Global Communicationsand Public Diplomacy, World IntellectualProperty Organization (WIPO). It is notan official record and the views expressedin individual articles are not necessarilythose of WIPO.

The WIPO Magazine is distributed free of charge.

If you are interested in receiving copies,contact:The Publications Officer

WIPO34, chemin des Colombettes P.O. Box 18CH-1211 Geneva 20Switzerlandphone: 41 22 338 91 11fax: 41 22 733 54 28e-mail: [email protected]

For comments or questions, contact:The Editor

WIPO Magazine (at the above address)

Copyright ©1999 World Intellectual PropertyOrganizationAll rights reserved. Articles contained herein may bereproduced for educational purposes. No part may,however, be reproduced for commercial purposes with-out the express written consent of the Office of GlobalCommunications and Public Diplomacy, WorldIntellectual Property Organization, P.O. Box 18,CH-1211 Geneva 20, Switzerland.

On September 14, Dr. Kamil Idrisopened the InternationalConference on ElectronicCommerce and IntellectualProperty before an audience ofsome 700 participants from indus-try, government, interest groupsand the media. The Secretary ofCommerce of the United States ofAmerica, the Honorable WilliamDaley, gave a keynote address inwhich he highlighted the growingimportance of electronic com-merce for both developing anddeveloped countries alike.

In his introductory remarks Dr.Idris described the gathering as an"historic event" and welcomed thebroad international participationat the conference, the first of itsnature to take an in-depth look atthe cutting-edge issues of electron-ic commerce and its relationship tointellectual property.

Intellectual property rights are ofcentral importance in maintaininga stable and positive environmentfor the development of electroniccommerce, which is rapidly andfundamentally changing the waybusiness is being conducted, inways previously unforeseen.

E-commerce - an economic realityDr. Idris noted that with the con-

clusion of the so-called "Internet"treaties in 1996 - the WIPOCopyright Treaty (WCT) and theWIPO Performances andPhonograms Treaty (WPPT), theinternational community hadbegun the process of adjusting theintellectual property system to thedigital economy. He said WIPOhas been "working very hard toensure the effective implementa-tion of both treaties." Over thepast year, WIPO’s work in the eco-nomically important area of elec-tronic commerce has grown. TheDirector General said "electroniccommerce has therefore graduatedfrom the preparatory, experimen-tal stage to an economic realitywith immense significance." Headded, "we very much hope thatthis conference will assist in betterdefining further adjustments thatare necessary and issues that needto be addressed."

Today’s "technologically-driveneconomy"Secretary Daley underlined thevital nature of WIPO’s work intoday’s technologically-driveneconomy. "Especially as theInternet grows, WIPO will have anever-increasing role to play” hesaid “so I look forward to a globaldialogue on all the intellectualproperty issues the Internet rais-es". Secretary Daley commended

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“The fact is, the Internet can help Africansingers more than it can help Madonna. Isay that because today customers can goto a record store and buy Madonna—butmaybe not find the music of Africansingers”.—Mr. William Daley, Secretary of Commerce, United States of America.

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“The international community establishedan institution that specializes in intellectualproperty. Therefore, this institution musthave a hold on the development of inter-national norms in its area of competence.This is the clear position of my country.”—Mrs. Catherine Trautmann, Minister ofCulture, France.

WIPO’s work in trying to curb theabuse of trademarks on theInternet. Earlier this year, WIPOpresented a series of recommenda-tions to the Internet Corporationfor the Assigned Names andNumbers (ICANN), the non-profitinternational corporation formedto oversee a select number of theInternet’s core technical manage-ment functions. The WIPO reportaddressed questions relating todomain names and intellectualproperty related dispute-resolutionissues. Secretary Daley told theconference that ICANN adoptedWIPO’s recommendations on auniform dispute-resolution policy."WIPO demonstrated, once again,the key role it can play in solvingthe complex Internet issues. And Ithank them for all the work theyhave done."

Secretary Daley said the only waythe Internet will ever reach its

potential "is if we strengthen itsintellectual property protection."He observed that the only prod-ucts that can be delivered on-lineare intellectual goods, such asmusic, software, and literary workswhich benefit from copyright pro-tection. He also underscored thebenefits of using the Internet forelectronic commerce for develop-ing countries. Secretary Daley saidthe Internet offers artists from allover the world - developed anddeveloping countries alike - thesame opportunities for marketingtheir works.

The Conference offered partici-pants a variety and unique combi-nation of speakers, ranging fromgovernment ministers and policy-makers to top executives of indus-try worldwide as well as seniorrepresentatives of public interestgroups and non-governmentalorganizations.


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“The volume of sales made on-line isalready vast, and policy makers clearlycannot afford to ignore electronic com-merce.”—Mr. Daryl Williams,Commonwealth Attorney General,Australia.

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“The Internet has broken the barriers oftime, distance, and sometimes costs, thusmaking it possible for small, distant coun-tries to compete in new market niches.”—Mr. Reginald Farley, Minister of Industryand International Business, Barbados.

WIPO outlines "Digital Agenda"

The Director General, Dr. KamilIdris, wrapped up the InternationalConference on ElectronicCommerce and IntellectualProperty by presenting a ten-pointplan that sets out a Digital Agendafor WIPO. The Digital Agendawas also presented to WIPO member States at their GeneralAssemblies that commenced onSeptember 20. It received wide-spread support.

Intended as a set of guidelines andgoals, WIPO’s Digital Agenda is inline with the Organization's deter-mination to seek solutions to prob-lems raised by the impact of elec-tronic commerce on intellectualproperty rights. It reflects WIPO'sdesire to take practical steps toensure that all countries partici-pate in the process of defining pol-icy and addressing the issues inorder to adapt intellectual proper-ty law for the digital age.

The ten points of the WIPODigital Agenda are:

1) Broaden the participation of developing countries throughthe use of WIPONET and othermeans for:

- access to intellectual propertyinformation;- participation in global policy for-mulation;- opportunities to use intellectualproperty assets in electronic com-merce.

2) Entry into force of the WIPO


Cutting edge issues…..The work program was divided into general sessions and workshops onspecific issues. The sessions dealt with general themes relating to e-commerce and intellectual property, such as trends in technology devel-opment, the business potential of e-commerce, developing countriesand e-commerce, the legal aspects of e-commerce, and other policyissues. The workshops focused on specific issues like:

On-line delivery of publications, music, films and software

Domain names and trademarks on the Internet

Music on-line

Electronic rights management

Cybersurveillance

On-line dispute settlement

Liability and on-line service providers

Films on-line

Security and authentication (encryption & digital signatures)

Digital libraries, patent and trademark databases

Museums on-line

Just in case you missed it… The full program plus a comprehensive alphabetical list of speakers,and in many cases their presentations and contact details, may bedownloaded from the WIPO website at: http://ecommerce.wipo.int/con-ferences/papers/index.html. In addition, many of the sessions andworkshops were taped and may be heard over the Internet if your com-puter has a sound card installed with RealPlayer, which may be down-loaded together with the audio files from :http://ecommerce.wipo.int/conferences/broadcasts/index.html

During the Conference 700 listeners tuned in to a special web audiotransmission of the proceedings.

[email protected]

Copyright Treaty (WCT) and theWIPO Performances andPhonograms Treaty (WPPT)before December 2001.

3) Promote adjustment of theinternational legislative frameworkto facilitate electronic commercethrough:

- the extension of the principles ofthe WPPT to audiovisual perfor-mances;- the adaptation of broadcasters'rights to the digital era;- the review of the need for theconclusion of an internationalinstrument on the protection ofdatabases.

4) Implement the recommenda-tions of the Report of the DomainName Process and pursue theachievement of compatibilitybetween identifiers in the real andvirtual worlds through the estab-lishment of rules for mutualrespect and the elimination of con-tradictions between the domainname system and intellectual property rights.

5) Develop appropriate principleswith the aim of establishing, at theappropriate time at the interna-tional level, rules for determiningthe circumstances of intellectualproperty liability of Online ServiceProviders (OSPs) which are com-patible and workable within aframework of general liabilityrules for OSPs.

6) Promote adjustment of the insti-tutional framework for facilitatingthe exploitation of intellectualproperty in the public interest in aglobal economy and on a globalmedium through administrative

coordination and, where desired byusers, the implementation of prati-cal systems in respect of:

- the interoperability and intercon-nection of electronic copyrightmanagement systems and themetadata of such systems;- the online licensing of the digitalexpression of cultural heritage;- the online administration ofintellectual property disputes.

7) Introduce and develop onlineprocedures for the filing and admin-istration of international applica-tions for the Patent CooperationTreaty (PCT), the Madrid System,and the Hague Agreement at theearliest possible date.

8) Study and, where appropriate,respond in a timely and effectivemanner to the need for practicalmeasures designed to improve themanagement of cultural and otherdigital assets at the internationallevel by, for example, investigatingthe desirability and efficacy of:

- model procedures and forms forglobal licensing of digital assets;- the notarization of electronicdocuments;- the introduction of a procedure

for the certification of websites forcompliance with appropriate intel-lectual property standards andprocedures.

9) Study any other emerging intel-lectual property issues related toelectronic commerce and, whereappropriate, develop norms inrelation to such issues.

10) Coordinate with other interna-tional organizations in the formu-lation of appropriate internationalpositions on horizontal issuesaffecting intellectual property, inparticular:

- the validity of electronic con-tracts;- jurisdiction.


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ErratumOn page 5 of the March issue ofthe WIPO Magazine, Mr. KaoruYosano was incorrectly identifiedin the caption beneath his photo-graph. He is the Minister ofInternational Trade and Industryof Japan. We regret the error.

WIPO welcomesU.S. ratificationof "Internet"treaties

WIPO Director General, Dr.Kamil Idris welcomed the ratifica-tion by the United States ofAmerica of two WIPO treatieswhich establish the basic standardsfor protection of copyright andrelated rights on the Internet andother digital networks, the WIPOCopyright Treaty (WCT) and theWIPO Performances andPhonograms Treaty (WPPT).

"We are very pleased with this sig-nificant new development whichsignals broader global acceptanceof these important treaties" saidDr. Idris. “The United States ofAmerica plays a leading role inpromoting the use and developingthe content of the Internet and forthat reason we are delighted thatthey have now ratified the WCTand the WPPT".

The U.S Secretary of Commerce,William Daley announced hiscountry’s ratification of the WCTand WPPT and urged other coun-tries to follow suit. "As trustingas I am of e-mail, these paperswere just too important, not todeliver personally” he said. “So, Iam pleased to announce thismorning I formally deposited ourinstruments of ratification. Iunderstand just this summer,Hungary and Argentina passedimplementing legislation. And Iknow we all look forward to the15 members of the EuropeanUnion joining us."

The WIPO "Internet" treaties con-tain a general update of the legalprinciples underpinning interna-tional protection of copyright andthe rights of performers andphonogram producers in cyber-space, particularly on the Internet.In addition, they clarify thatnational law must prevent unau-thorized access to and use of cre-ative works which, given the globalreach of the Internet, may bedownloaded anywhere in theworld at the push of a button.

The WIPO "Internet" treatieswere adopted in December 1996.At present, nine countries(Belarus, Burkina Faso, ElSalvador, Hungary, Indonesia,Kyrgyzstan, Panama, the Republicof Moldova and the United Statesof America) have ratified theWCT and seven countries(Belarus, Burkina Faso, ElSalvador, Hungary, Panama, the

Republic of Moldova and theUnited States of America) haveratified the WPPT. At least 30States must adhere to each of thetreaties before they enter intoforce. Entry into force would her-ald a new era in the protection ofcopyright and related rights ondigital networks.

Dr. Idris underlined the impor-tance of these treaties, in particularin light of the explosive growth inthe number of Internet usersworldwide and the rapid expan-sion of electronic commerce incopyrighted works. "These treatieswill help to promote the quality ofthe content appearing on theInternet as well as protecting therights of holders of copyright andrelated rights." The DirectorGeneral urged other countries tospeed up the ratification process toensure quick entry into force ofthese treaties.


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“The United States of America plays a leading role in promoting the use and developmentof the content of the Internet and for that reason we are delighted that they have now rati-fied the WCT and the WPPT.”—said Dr. Idris (left), following the deposit by Mr. WilliamDaley, U.S. Secretary of Commerce of his country’s instruments of ratification.

On September 20, WIPO openedthe meetings of its GeneralAssemblies with the election ofMr. Marino Porzio (Chile) asChairperson of the Assemblies.Mr. Porzio succeeds Mrs. SheilaBatchelor (Canada) asChairperson.

The Assemblies also elected Mr.Ian Heath (Australia) as First ViceChairperson and Mr. Alexander D.Korchagin (Russian Federation) asSecond Vice Chairperson.

In a speech to the Assemblies, Mr.Porzio, Principle Advisor onIntellectual Property to the Ministerof External Relations of Chile, saidthe work of WIPO has acquiredincreasing importance in light of therevolution taking place in the areaof information technologies."Intellectual property as it hasdeveloped...is now more than everfacing a revolution that is based oninformation technology develop-ment. The changes that have beenproduced because of this new tech-nology are real and tangible andthis has given rise to new activitiesmainly in the area of services whichwill have a decisive influence inmany of the traditional institutionsof intellectual property."

Mr. Porzio, a former DeputyDirector General of WIPO in the1980s, said a key feature of thenew digital era is the speed ofchange of technologies. This posesa challenge to WIPO in its work topromote the protection of intellec-tual property through internation-al cooperation. The technologiesare changing at a much quickerpace than the formulation of rulesto protect that same technology."Perhaps the key feature of the era

that we are embarking on is thedynamism - the speed of change -and this is a challenge in manyareas of intellectual property andparticularly for this Organizationbased, as they are, on a legal tradi-tion that can not always achievethe same speedy shift as new tech-nology," Mr. Porzio said.

Globalization, Mr. Porzio said, hasgiven rise to the internationaliza-tion in the production of goods,services and trade and hasdemonstrated the interdepen-dence of markets. "It has obligedus to look at intellectual propertywith new eyes and to see that theinstitutions involved in intellectu-al property must change if they

are to continue to provide the ser-vices that are expected of them."He said that WIPO is at presentin a "pivotal position" to assistcountries in meeting the chal-lenges posed by the digital era inrelation to intellectual property.Mr. Porzio said the solutions mustbe "modern, economic and appro-priate in order to resolve, devel-opment issues."

Mr. Porzio commended WIPODirector General Dr. Kamil Idrisand his vision for the future of theOrganization. He praised Dr. Idris'efforts to modernize theOrganization "to make it betterable to meet the challenges of theyears to come."


WIPO GeneralAssemblies

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Mr. Marino Porzio of Chile, (right) newly elected Chairperson of the WIPO GeneralAssemblies, assumes his duties.

The member States of the WorldIntellectual Property Organization(WIPO) approved by consensusthe program and budget for the2000-2001 biennium presented byWIPO Director General, Dr.Kamil Idris.

The program and budget for the2000-2001 biennium proposes abudget of 409.7 million SwissFrancs (CHF). This represents anincrease of 8 percent over the1998-1999 biennium (378.9 millionCHF). Projected income for thesame time period is 409.8 millionCHF as compared to 391.8 millionCHF in the previous financial peri-od. The surplus in the 2000-2001biennium is therefore expected tobe negligible.

The program and budget proposesan increase of 11.2 percent in theprogram allocation for supportingdeveloping countries and countriesin transition. WIPO's activities inthe development of intellectualproperty legal norms will increaseby 11.3 percent as compared to thelast biennium. The Organization'sactivities in global protection sys-tems - namely, the Patent

Cooperation Treaty (PCT), theMadrid System for theInternational Registration ofMarks, and the Hague System forthe International Deposit ofIndustrial Designs - will increaseby 10.1 percent.

Another feature is a reduction inthe contributions by member Statesof 10 percent below the 1999 level,which is in itself 10 percent belowthe 1998 level. Unlike other special-ized agencies of the UnitedNations, WIPO is mostly self-financed, expecting to generatesome 91 percent of its income in2000-2001 from international regis-tration and other services it rendersessentially to the private sector.

The program and budget for 2000-2001 seeks to ensure that WIPOcontinues as a modern, forward-looking organization that is effi-cient, transparent and accountableto its member States and the pri-vate sector that it services.Emphasis will continue to beplaced on modernizing andstrengthening the global intellectu-al property system, streamlininginternational cooperation in thefield of intellectual property andincreasing the participation of civilsociety in further developing theintellectual property system.WIPO will continue to offer strongtechnical cooperation programsfor developing countries and coun-tries in transition. Dr. Idrisdescribed the program and budgetproposals as a "global intellectualproperty development strategy"taking a "do more with less"approach.

The program and budget docu-ment is available on the Internetat http://www.wipo.int.

Vision and strategicdirection of WIPOEvery fourth year the Director

General presents a medium-termplan for the future development ofWIPO to the General Assemblies.Dr. Idris told WIPO staff “Aninstitution without a vision and astrategy for realizing that vision isdoomed to irrelevance. That willnever be our fate, for we knowwhat our goals are, what has to bedone and how to go about it effec-tively and efficiently, in close part-nership with our member States,

Member States approve 8 percent growth in program and budget for 2000-2001


The Arpad Bogsch Building, overlooking the Place desNations, Geneva, designed by Pierre Braillard andconstructed between 1973 and 1978. It has 19 levels,five underground and 14 above ground.

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PCT fees to bereduced once again

The WIPO Assemblies alsoapproved a proposal to onceagain lower the fees of the PatentCooperation Treaty (PCT) by anaverage of 13 percent effectiveJanuary 1, 2000. The cumulativeeffect of this measure (includingtwo earlier PCT fee reductions in1998 and 1999) would mean a29.2 percent reduction in the costfor an applicant using the PCT.

the private sector and civil soci-eties.” Dr. Idris went on to outlinehis vision for the Organizationhighlighting the challenges posedby globalization and new technolo-gies. To reply to these challengeshe stressed the need for an intel-lectual property culture where allof the actors and factors from eco-nomic, social, and cultural fieldsmight converge and be directlyinvolved in the development of IP.He emphasized how this wouldreadily respond to changes in IPand be conscious of their impacton day-to-day living. Furthermore,he indicated that the responsibilityfor this new powerful culture ofintellectual property is vested inall the actors on the intellectualproperty stage, and that such col-

lective responsibility was based onthe pillars of:

DemystificationEmpowermentCollective leadershipSynergies

Dr. Idris emphasized that hisvision is not to set a timetable;rather, it is intended to create con-

ditions for collectively paving theway to the formulation of a globalintellectual property strategy. Heconcluded by recognizing thatpolitical imagination, goodwill, andcollaboration among memberStates, the market sector, and theSecretariat are the keys to WIPO'scontinued success.


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On Monday September 20 two ofthe WIPO headquarters buildingswere renamed as a tribute to theOrganization's two formerDirectors General. The main towerwill henceforth be known as the"Arpad Bogsch Building" and theadjacent structure, currentlyreferred to as BIRPI (the Frenchacronym for the UnitedInternational Bureaux for theProtection of IntellectualProperty) will be known as the"Georg Bodenhausen Building."

The late Mr. Bodenhausen, aDutch national, was the firstDirector General of WIPO from1970 to 1973, after having beenDirector of BIRPI, the predeces-sor Organization to WIPO, since1963. Dr. Bogsch, a national of theUnited States of America, wasDirector General of WIPO from1973 to 1997 and received a verywarm welcome back from friendsand colleagues at the special ceremony.

A tribute to two formerDirectors General marks the opening day of the WIPOGeneral Assemblies

The Georg Bodenhausen Building, chemindes Colombettes, Geneva, designed byPierre Braillard and constructed between1958 and 1960, enlarged and modernizedbetween 1988-89. It has six floors, one ofwhich is underground.

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The Industry Advisory Commission(IAC), composed of senior repre-sentatives of industry, praisedWIPO for its work in proposingstandards for the use of trademarkson the Internet and advised theOrganization to continue its "glob-al leadership" role in this area. TheIAC urged the Organization tocontinue to highlight the respect ofthe rights and obligations ofdomain name holders.

In a statement issued at the end ofthe one-day meeting onSeptember 13, the IAC commend-ed WIPO for its "proactive contri-bution to the ICANN process todate." The IAC also advised WIPO"to continue its global leadershipwith member States in ongoingcommunications, awareness andbuilding of global awareness of thebenefits of a balanced approach tothe recognition and respect of therights and obligations of domainname holders and intellectualproperty owners and users incyberspace."

The IAC was referring to a seriesof recommendations presented forconsideration by the InterimBoard of the Internet Corporationfor Assigned Names and Numbers(ICANN), the non-profit interna-tional corporation formed to over-see a select number of theInternet's core technical manage-ment functions. The WIPO Reportwas the culmination of a processinitiated by WIPO in July 1998and addresses questions relatingto domain names, intellectualproperty and related dispute-reso-

lution issues. For the first timeever, the Report set out a defini-tion for the abusive use of trade-marks on the Internet.

With the explosive growth of theInternet and the increasing use ofdomain names as business identi-fiers, these issues have sparkedgreat interest and worldwidedebate. Among the problems iden-tified in WIPO's report, and direct-ly addressed by its recommenda-tions, were abusive registrations ofdomain names, also known as"cybersquatting," as well as thecountervailing practice, referred toby domain name holders as"reverse domain name hijacking."The WIPO Report addressed fourkey areas: dispute prevention, auniform system of dispute resolu-tion, the protection of famous andwell-known marks in generic toplevel domains (gTLDs), and theimpact on intellectual property ofadding new gTLDs. WIPO made anumber of recommendationsaimed at meeting the concerns ofthe rapidly expanding Internet-usercommunity, and at giving recogni-tion to the diverse social, commer-cial and communication purposesfor which the Internet is used.

The IAC recognized the importanceof the Internet as "a critical com-munication and information accessinfrastructure of global importanceto individuals, commercial and non-commercial stakeholders and enti-ties, and for government at all lev-els." The IAC also thanked WIPOand the member States "for thevaluable contribution of WIPO"

through the Internet domainnames process, including thedevelopment of dispute settlementprocedures and advised theOrganization to continue, as amatter of urgent priority "todevelop solutions on the outstand-ing issues for adoption by ICANNand other appropriate bodies."

In addition, the IAC held talks ona broad range of issues relating toelectronic commerce as well as toefforts by WIPO to promote pub-lic awareness and understanding ofintellectual property and its contri-bution to economic and socialdevelopment. The IAC agreed tomeet again next spring to continuediscussions on a large range oftopical items, including biotechnol-ogy and the impact of the globaleconomy on the intellectual prop-erty system.

This was the second meeting of theIAC, which was established as partof the efforts by the DirectorGeneral to take into considerationthe broadest range of opinions inthe context of the Organization'spolicy-making and program plan-ning. The views from industry areimportant to WIPO as the privatesector benefits directly from theorganization's services. TheCommission identifies and reviewsissues that may need to be dealtwith by WIPO from the specificperspective of the industry andmarket sectors. The IAC, whosemembers sit in their personalcapacities, has a purely advisoryrole to the Director General.

IAC commends WIPO for work in area of domain names


Twenty young people from aroundthe world welcomed the opportu-nity to join the Organization asinterns this summer and gainhands-on experience of working inthe field of intellectual property.The interns were assigned to vari-ous offices in WIPO to take part inthe day-to-day operations of theoffices. Whilst some of the stu-dents were assigned individualmentors to guide them in theirwork others elected to carry outindividual research, and wereassisted in this by their ownresearch advisor. The research

advisor's role was to assist the stu-dents in preparing research out-lines and identify background-reading materials. In addition,staff at the WIPO Library guidedstudents around the Library aswell as providing an introductionto additional material available onthe Internet. This work was com-plemented by daily lectures on thework carried out at WIPO and anoutline of key issues facing theOrganization to ensure that eachintern was given a thoroughoverview of the full range ofWIPO’s activities.

Students completed their workwith presentations on their indi-vidual internships to the DirectorGeneral. The research papers willbe compiled and published as ref-erence materials for future intern-ship programs.


AcademyYoung professionals and students from across the globededicate six weeks to the study of intellectual propertyin WIPO Academy's second Summer Internship Program.

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Some twenty countries were represented by the young people who took part in the 1999 WIPO Summer Internship Program.

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Interns, research advisors, and mentors worked together with the WIPO Academy to create a rewarding Internship Program.

For the first time an African coun-try, South Africa, was chosen asthe location for an internationalexchange of views on the potentialfor the commercial use andimproved protection of geographi-cal indications.

Some 100 participants from morethan 50 countries attended thetwo-day Symposium in SomersetWest, Cape Province, South Africa,that was organized by WIPO withthe cooperation of theDepartment of Trade and Industry,South African Patents andTrademarks Office. Geographicalindications are often thought of asan exclusive type of intellectualproperty mainly of interest to afew wine and cheese producingcountries. This is not so. Nine inter-national experts provided partici-pants at the Symposium with athorough briefing on the presentprotection for geographical indica-tions and potential developments.This included brief analyses of theuse of this IP right in countriessuch as South Africa and theUnited States of America, as wellas in the European Union.

Participants also benefited from anoverview of the TRIPS (Trade-Related Aspects of IntellectualProperty Rights) Agreement relat-ing to geographical indications andhow in accordance with theAgreement, member States of theWTO (World Trade Organization)must ensure that their legislationallows for the protection of geo-graphical indications. Thus, in addi-tion to creating an obligation tosafeguard the geographical indica-tions native to other countries, the

TRIPS Agreement also introducesan opportunity for countries toexplore the protection that geo-graphical indications may providefor their own goods.

The Symposium closed with a pre-sentation on how geographicalindications such as Cognac inFrance, basmati rice in India andlong jinhea tea in China can beused as part of a collective market-ing strategy to promote productsfrom an entire region.

Exchanging views on geographical indications in South Africa


What is an "indication of source"This is an indication of where a product comes from. It is important thatthe indication of source relates to the geographical origin of a productand not to another kind of origin, for example the head office of themanufacturer or the place where the product was assembled or pack-aged. The indication of source does not imply that the product is of a cer-tain quality nor that it has been produced in a particular way or that ithas any other characteristics, it simply states where the product is from.

What is an "appellation of origin"This indicates not only where a product has come from but also refers toa certain reputation, notable characteristic or quality that the product hasbecause of where and how it has been made.

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Capetown, center of Capeland, the gateway to the wine producing region of South Africa.

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Some of the speakers, participants, and organizers of WIPO's 7th International Symposium onGeographical Indications; the first to be held in Africa.

Essential characteristics of an IPoffice in the CIS should include anautonomous fee-financed officewhich deals with the whole range ofintellectual property rights. Thiswas the consensus reached by athree-day WIPO Symposium forheads of intellectual propertyoffices attended by some 80 repre-sentatives from countries of the CISplus representatives from the USAand the Coalition for IntellectualProperty Rights (CIPR).

The Symposium was organized incooperation with the State Agencyon Industrial Property Protection(AGEPI) and took place fromAugust 31 to September 2 inKishinev, Moldova.

The Symposium was opened by Mr.Gheorghe Duca, Chairman,Commission for Culture, Educationand Mass Media, Parliament andthe Republic of Moldova.

The Symposium commenced with apractical overview of the work of anIP office including discussions on :

the role and place of the officein the executive power branchprincipal activities of the office :granting of patentsregistration of trademarksvaluation of IP rightsfinancing the office throughfees, budget or bothexternal services of the officecomputerization of registrationservices

In addition there were presenta-tions and discussions on :

cooperation with inventors’organizations and industrialproperty agentsthe role of the judiciary, cus-toms and the police in theenforcement of IP rightscompliance with the provisionsof the TRIPS Agreement

The Delegation of the UnitedStates of America, led by Mr.Bruce Lehman, President of theInternational Intellectual PropertyInstitute (IIPI) and former com-missioner of USPTO, made a spe-cial presentation on industrial

property as an engine of globaleconomic growth. This was fol-lowed by Ms. Mary Ann Alford ofthe Coalition for IntellectualProperty, a recently establishedNGO operating in several CIScountries, who made a special pre-sentation of trademarks. Both pre-sentations were greeted with muchinterest and lively debate.

Participants proposed that infuture meetings the representa-tives of copyright offices shouldalso be invited.


Cooperation for developmentCIS countries consider key elements for an IP office

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Representatives from 22 countries of the CIS, the United States of America and theEurasian patent Office (EAPO) were invited took part in the Symposium.

Participants came from Armenia,Azerbaijan, Belarus, Bosnia andHerzegovina, Bulgaria, Croatia,Czech Republic, Georgia,Hungary, Kazakhstan, Kyrgyzstan,Latvia, Lithuania, Poland,Republic of Moldova, Romania,Russian Federation, Slovakia,Tajikistan, Turkmenistan, TheFormer Yugoslav Republic ofMacedonia, Ukraine, UnitedStates of America, andUzbekistan.

Participants from Central Asiancountries, eager to address copy-right issues that have emergedwith the globalization of trade andinformation networks met fromAugust 25 to 27, in the Museum ofHistory, Bishkek, the KyrgyzRepublic. This regional seminarwas organized by WIPO and theState Agency of IntellectualProperty of the Government ofthe Kyrgyz Republic.

The three-day seminar com-menced with an overview of inter-national conventions and treatiesin the field of copyright and relat-ed rights and was followed by indi-vidual country reports from theinvited countries. These focusedon adherence and implementationof international agreements.

The eighty participants expressedmuch interest the second day of

debate on the topic of copyright onthe eve of the third millennium.Participants were briefed on the latestdevelopments in the United States of America by Ms. Marybeth Peters

from the Copyright Office,Washington, D.C.. This was fol-lowed by a similar update from aEuropean perspective by Mr.Volker Schöfisch from the GermanMinistry of Justice, Berlin.

mentof rights, and in partiularmeasures to fight music and audio-visual piracy. The final day wasdevoted to consideration of thecollective management of copy-right and related rights, and con-cluded with a round-table discus-sion that addressed problemsfaced by CIS countries in particu-lar.

Seminar demonstrates considerableinterest in copyright protection in CIS


“...And there again, coffee nerver tastesquite as nice as the equipment looks...”

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Participants from the Central Asian countries of Kazakhstan, Kyrgyzstan, Tajikistan andUzbekistan attended the three-day seminar.

Participants from Kazakhstan,Kyrgyzstan, Tajikistan andUzbekistan attended the seminar.

Over one hundred IP professionalsfrom 19 African countries gath-ered in Mombasa, Kenya from July26 to 28, to consider intellectualproperty issues facing them in thedigital age.

The three-day sub-regionalSymposium was organized byWIPO with the cooperation of theGovernment of the Republic ofKenya, and the United StatesPatent and Trademark Office.

Each day of the Symposium wasdedicated to a different theme andcommenced with copyright.Presentations on this themeincluded :

international standards for protecting copyrightcopyright protection on the Internetintellectual property and e-commerce

The first day concluded with around-table discussion on the pro-tection of audio-visual perfor-mances, database protection andthe protection of broadcasters.The second day was dedicated totrademark issues including:ˇ international standards for pro-tection trademarks and the impli-cations of the TRIPS* Agreementˇ trademark protection on theInternetˇ using the Madrid System for theinternational registration of marks

This was followed by a round-tablediscussion on the difficulties facedby developing countries in imple-menting international treaties.

The final day of the seminarfocused on patents including :

international standards for pro-tecting patents

the TRIPS Agreementthe Patent Cooperation Treaty(PCT) for developing countries

The final day concluded with anoverview of intellectual propertyenforcement under the TRIPSAgreement.


African countries tackle IP issues of the digital age in Mombasa

Some of the speakers, participants, and organizers of the Symposium, that brought together over 100 professionals from 20 African countries to discuss intellectual property issues facing them in the digital age.

Participants from Botswana, Eritrea, Ethiopia, The Gambia, Ghana,Lesotho, Liberia, Malawi, Mauritius, Namibia, Nigeria, Seychelles, SierraLeone, South Africa, Swaziland, Uganda, United Republic of Tanzania,Zambia and Zimbabwe attended the Symposium

ErratumOn page 7 of the March issue ofthe WIPO Magazine, a story enti-tled "First WIPO post-graduatecourse is held in Venezuela" omit-ted to mention the outstandingcontribution of theEspecialización en PropiedadIntelectual de la Universidad deLos Andes in the organization ofthe course. We very much regretthis omission.

The following is a summary ofexisting protection. WIPO held aseries of international discussionsthat preceded these roundtableson broadcasting, in Manila in April1997, Mexico in February 1998 aswell as two sessions of theStanding Committee on Copyrightin November 1998 and May 1999to establish new international stan-dards for the rights of broadcast-ing organizations. Several propos-als have now been received by theInternational Bureau that identifya new series of exclusive rights forbroadcasters that include rights for50 years in terms of:

rebroadcastingcable distributioncommunication to the publicmaking available interactivetransmissionsreproduction, distribution orimportation of fixationsdistribution to the public of program-carrying signalsdecoding

The roundtable discussions on theprotection of databases indicatethat while some countries supportcontinued discussions towards thefuture adoption of an internationalinstrument on the protection of

databases which do not meet thecriteria for protection under copy-right, many countries are still hesi-tant as to the need for such a sup-plementary protection.

Existing ProtectionRome Convention 1961

The Rome Convention securesprotection in performances of per-formers, phonograms of producers'phonograms and broadcasts ofbroadcasting organizations. Itincludes a set of minimum rightsgoverning broadcasting organiza-tions’ power to authorize or pro-hibit the rebroadcasting and fixa-tion of their broadcasts. This iscurrently binding on the 58 Statesparty to the Rome Conventionand provides for protection for atleast 20 years.

The Satellite Convention (1974)

The Satellite Convention dealswith the protection of satellite sig-nals by which programs are trans-mitted between broadcasting orga-nizations. It requires thatContracting States take adequatemeasures to prevent the distribu-tion on or from their territories ofany program-carrying signal bydistributors for whom the signalwas not intended. It is currentlybinding on 22 countries.

The TRIPS Agreement (1994)

The TRIPS Agreement (theAgreement on the Trade-RelatedAspects of Intellectual PropertyRights) complements internationaltreaties already established byWIPO in the field of intellectual

CopyrightRegional forums make progress identifying newinternational standards for broadcasters' rights


Regional roundtables on the rights of broadcasting organizations and theprotection of databases held in Buenos Aires, Cotonou, Rabat, and Manilarevealed varying views on the type and level of protection to be extended tothese intellectual property rights.

The roundtables all included an informative overview of existing and pro-posed international protection for broadcasting organizations and a sum-mary of the latest developments together with ideas on how to move aheadwith improving levels of protection.

Cotonou, one of four regional roundtables to identifynew international standards for broadcasters’ rights.

property. It provides for a set ofminimum rights similar to thatunder the Rome Convention thatallow broadcasting organizationsthe right to prohibit the fixation,reproduction of fixations, therebroadcasting by wireless meansof broadcasts as well as the com-munication to the public of televi-sion broadcasts without theirauthorization. It is currently bind-ing on the 132 member States ofthe WTO and provides for protec-tion for at least 20 years. Themember States may choose tooffer, however, a similar protectionof the owners of copyright in thesubject matter of broadcasts.

The WPPT (1996)

The WPPT (WIPO Performancesand Phonograms Treaty of 1996)harmonizes and updates interna-tional norms on the protection ofperformers (except for their audio-visual performances) and produc-ers of phonograms, but it does notcover the third traditional categoryof related rights beneficiaries,mainly broadcasting organizations.

CLEA, a major electronic collec-tion of intellectual property lawsfrom a wide range of countries waslaunched on the Internet by WIPOon September 15. This Collectionof Laws for Electronic Access(CLEA) database is a uniqueinternational electronic archive ofintellectual property legislation.Delivered over the Internet inEnglish, French and Spanish, thispowerful, information resourcemay be accessed by researchers,legal professionals, policy-makersand administrators across theglobe via http://clea.wipo.int/ orhttp://www.wipo.int/clea.

The database currently containsthe full text of intellectual proper-ty legislation of 35 countries andthe European Communities, aswell as the full text of all treatiesadministered by WIPO. Each ofthe legislative texts and treaties ispreceded by a bibliography whichincludes details such as publicationdates, entry into force, related textsand language availability. A seriesof indexes and hyperlinks ensurethat users are able to identify,access and display the desired textwith great ease. The CLEA data-base is a "work in progress;” it willbe continuously expanded andupgraded to provide users with a

fully comprehensive research tool.The CLEA will complement theexisting paper-based collectionmaintained by WIPO and willenhance its usefulness by provid-ing ready access, via the Internet,to regularly updated informationon the intellectual property legisla-tion of member States.

The texts contained in this elec-tronic collection have been trans-mitted to WIPO by the intellectualproperty offices of the countriesconcerned. Member States of theParis Convention for theProtection of Industrial Propertyand the Berne Convention for theProtection of Literary and ArtisticWorks are required to communi-cate all new legislative texts con-cerning the protection of industrialproperty and copyright to WIPO.Similarly, members of theAgreement on Trade-RelatedAspects of Intellectual PropertyRights (TRIPS Agreement) arealso required to communicate suchtexts to the TRIPS Council.

For further information, pleasecontact Mr. Alfredo Ilardi, Headof the Collection of Laws Section,Tel: (+41 22) 338 91 27; Fax: (+4122) 338 80 50; E-mail: [email protected].


CLEA goes live on the Internet

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On September 24, Jamaica'sMinister of Commerce andIndustry, Mr. Philip Paulwell,deposited his country's instrumentof accession to the ParisConvention for the Protection ofIndustrial Property which sets outbasic international standards ofprotection for industrial property.The Director General, Dr. KamilIdris, welcomed this act which hesaid "clearly demonstrates theGovernment of Jamaica'scommitment to strengthening intel-lectual property protection in thecountry."

Jamaica's accession to the ParisConvention means that all WIPOmember States in the LatinAmerica and Caribbean region arenow party to this important treaty.Jamaica is the 156th State tobecome a member of the ParisConvention.

The Paris Convention, togetherwith the Berne Convention for theProtection of Literary and Artistic

Works, is a cornerstone of theinternational system of intellectualproperty protection. "The ParisConvention is a key component indeveloping an effective and robustsystem of intellectual propertyprotection that will enable coun-tries to harness the economic,social and cultural benefits thatmay be derived from national

intellectual property assets",Dr. Idris said.

The Paris Convention, sets outbasic standards of protection forindustrial property in its widestsense, including inventions, marks,industrial designs, trade names,geographical indications and therepression of unfair competition.

WIPO welcomes accession by Jamaica to Paris Convention


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Mr. Philip Paulwell, (left) Jamaica’s Minister of Commerce and Industry, Mr. Ransford Smith,Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Jamaica to the U.N.,and Ms. Dianne Daley, Director, Copyright Unit, Office of the Prime Minister, Kingston, deposittheir country’s instrument of accession to the Paris Convention with the Director General.

First Seminaron WIPO's new treaty on IndustrialDesigns - theGeneva Act

On December 10, 1999, WIPOwill hold its first Seminar on The Geneva Act, WIPO's latestinternational treaty, which aims to offer a cost-effective and user-friendly means of protectingindustrial designs in countriesacross the world.

The Seminar will deal with theorigins and objectives of the newAct, plus the innovations of theGeneva Act as compared with theexisting system. In addition, itwill cover the initial reactions ofboth national administrations and

Twenty-eight architectural firmsfrom eighteen countries have beenchosen to compete in the finalround of a competition for a majorproject to extend WIPO's premisesin Geneva. An 18-member interna-tional jury, met from September 6to 8 to short-list the finalists froma list of 186 applicants.

The jury will award an amount of100,000 Swiss Francs for the firstprize which will be announced inMarch 2000. An additional amountof 150,000 Swiss Francs has beenset aside for runner-up prizes.Studies relating to the implemen-tation of the project are expectedto begin in May 2000.

The WIPO member Statesendorsed the organization of thisinternational competition inSeptember 1998 and set asidesome 82.5 million Swiss Francs forthe project. A plot of land locatednext to WIPO headquarters wasacquired for this purpose. Thearchitectural competition coversthe construction of a building com-plex comprised of:

1) An office building with some500 work places, several smallmeeting rooms, underground park-ing, a cafeteria, service areas andlinks to the main WIPO building.

2) A conference room for 600 del-egates with related facilities andlocated in the immediate proximi-ty of the main WIPO building.

3) Enlargement and restructuringof the lower floors of the mainWIPO building, notably to provideparking facilities for delegates andvisitors.

The first phase of the competitiontook place in November 1998 whenWIPO publicized the competitionin major newspapers worldwide.By February 1999 some 800 archi-tects from about 60 countries hadexpressed interest in the competi-tion. Some 186 applicants submit-ted profiles, which formed the basisof the selection for the finalists.


Finalists chosen for architecturalcompetition to build new WIPObuilding in Geneva

users to the new system that willneed to be put in place in theyears to come. Many of thespeakers chosen to present thiscomprehensive course were keyplayers in the diplomatic confer-ence that led to the adoption ofthe Act with first-hand experienceof the workings of many nationalsystems. The course is intendedfor anyone interested in the inter-national protection of industrialdesigns, whether national adminis-trators, practitioners or users.The Seminar will be conducted in English and French with simul-taneous interpretation betweenthe two languages

The Seminar will take place at:

Intercontinental HotelChemin du Petit-Saconnex, 7-91211 Geneva

on:

Friday, December 10, 1999Registration from 9 a.m.Opening of the Seminar at 10 a.m.Closure at approximately 5 p.m.

Registration forms may beobtained from "Meetings" on theWIPO website http://www.wipo.intor by contacting:

Mr. Giulio ZanettiAssociate Legal OfficerLegal SectionInternational RegistrationsDepartmentWorld Intellectual PropertyOrganization (WIPO)34, chemin des ColombettesP.O. Box 18CH-1211 Geneva 20

Telephone: (+41 22) 338 80 51Facsimile: (+41 22) 740 14 29E-mail: [email protected]

Twenty-eight finalists fromAustralia, Belgium, Denmark,Estonia, France, Germany,Germany, Israel, Italy, Japan,Malaysia, Mexico, Morocco,Norway, Spain, Switzerland,Thailand, United Kingdom andthe United States of America gointo the final round of WIPO'sinternational architectural com-petition.

Under the slogan "Support Artistsand Their Rights" WIPO offeredits own support of the Festival dela Batie, a major arts festival heldin Geneva and the surroundingarea from September 3 to 19.WIPO was a co-sponsor of the fes-tival, which drew an audience ofsome 61,000 from throughoutSwitzerland and France to a vari-ety of performances in music, the-ater, dance, and the visual arts.

One of the central themes of thisyear's festival was the practice of"sampling", that of using bits andpieces of other artists' works andincorporating them into one's own.WIPO participated in a number ofevents and public debates center-ing around the copyright questionsraised by sampling as well as otherrecent developments in the per-forming arts.

They included a roundtable dis-cussion held at WIPO headquar-ters on the theme Copyright inthe Digital Era: Challenges andOpportunities, which included asparticipants a diverse group ofcomposers, performers, music pro-ducers, lawyers, and journalists.The Organization was also fea-tured on a live broadcast of alocal arts-oriented television pro-gram dedicated to the subject ofsampling and copyright, as well asat a public debate at an artists'workshop in Geneva. The latterevent featured artists and per-formers from around Europe asparticipants, discussing variousaspects and interpretations ofcopyright protection, the rights ofartists, and the nature of creativityin the digital age.

WIPO's partnership with the festi-val emphasized the Organization'scommitment to promoting andencouraging the creative arts andartists, highlighted importantaspects of its work, and helpedemphasize a key message: thatrespect for the creative works ofartists encourages better music,art, films, and literature, ultimatelyenhancing the quality and enjoy-ment of life.

La Batie


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Artists, copyright experts, and performersconsider copyright protection at Abanico, aworkshop dedicated to bringing artists andthe public together.

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A roundtable discussion held at WIPO brings composers, performers, producers, lawyers and journalists together to consider copy-right in the digital age.


November 1 and 2 (Geneva)Roundtable on Intellectual Property and Traditional

KnowledgeTo facilitate an exchange of views among policymakers,holders of traditional knowledge and other interested par-ties concerning more effective application of, and possibleimprovements to the intellectual property system to protecttraditional knowledge.

Invitations: Member States of WIPO; international andnational governmental and non-governmental organiza-tions concerned; representatives of holders of traditionalknowledge, including indigenous groups and local commu-nities, and members of the public.

November 8 to 10 (Geneva)Working Group on Biotechnology To develop an inventory of current issues in the field ofbiotechnology related to intellectual property to serve as abasis for information exchange and study by WIPO.

Invitations: Experts from various sectors and interestgroups relevant to biotechnology.

November 16 to 20 (Geneva)Standing Committee on Copyright and Related Rights

(Third Session)The Committee will continue its work based on the resultsof its second session (May 4 to 11, 1999).

Invitations: As members, the States members of WIPOand/or of the Berne Union, and the European Community;as observers, other States and certain organizations.

Calendar of meetings

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On the move with the newWIPO IP information panels

This set of three easily collapsible and transportable panelsdepicts essential facts about intellectual property in a clear, sim-ple and yet attractive fashion. They are available for loan inArabic, Chinese, English, French, Russian and Spanish.

The panels are designed for seminars, fairs and exhibitions inWIPO member States.

Intellectual property offices wishing to borrow a set of panelsshould contact WIPO Information Products Section (see box onp. 24).

Products



New publications

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The following new products were issued by WIPO:

Basic Facts about the Patent Cooperation Treaty (English) No. 433(E),(French) No. 433(F), (German) No. 433(G), FreeThe Management of Internet Names and Addresses: Intellectual PropertyIssues (English) No. 439(E), (French) No. 439(F), (Spanish) No. 439(S), FreeUser’s Guide for Article 6ter CD-ROM (English) No. 477(E), (French) No.477(F), Only with CD-ROMWhat is Copyright? (French) No. L450CR/F, (Spanish) No. L450CR/S, FreeWhat is an Industrial Design? (French) No. L450D/F, (Spanish) No L450D/S, FreeWhat is a Patent? (French) No. L450PA/F, (Spanish) L450/PA/S, FreeWhat is a Trademark? (French) No. L450TM/F, (Spanish) No. L450TM/S, FreeFrequently Asked Questions (French) No. L450FQ/E, (Spanish) No. L450/FQ/S, FreeIntellectual Property Reading Material (English) No. 476(E),50 Swiss francsInternational Patent Classification, 7th edition -Vol. 1-10 (English) No. 560(E), (French) No. 560(F), 300 Swiss francsIndustrial Property Laws and Treaties - Empty Binders No. XI & XII(English) No. B609(E), (French) No. B609(F), 15 Swiss francs eachCopyright and Neighboring Rights Law and Treaty - Empty Binders No. IV, V & VI (English) No. B616(E), (French) No. B616(F),15 Swiss francs eachIntellectual Property and Human Rights (English) No. 762(E),20 Swiss francs


WIPO publications may be obtained from the Information Products Section:WIPO34, chemin des Colombettes P.O. Box 18CH-1211 Geneva 20Switzerland

phone: 41 22 338 91 11fax: 41 22 740 18 12e-mail: [email protected]

Orders should indicate: (a) the number or letter code of the publicationdesired, the language (E for English, F for French etc.), the number ofcopies; (b) the full address for mailing; (c) the mail mode (surface or air).Prices cover surface mail. Bank transfers should be made to WIPO accountNo. 487080-81, at the Swiss Credit Bank, 1211 Geneva 70, Switzerland.

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wipo magazine, issue no. 9, 1999 · makers to top executives of indus-try worldwide as well as...

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