– Patents. There is a pressing need to keep pace with technological developments to understand what, if any, actions may be needed in the international arena to address these developments. There is also a need to ensure that countries at different levels of development, while respecting their international obligations, adopt patent law and policies that are appropriate to their development needs, and are able to make informed policy choices regarding use of the flexibilities available under international agreements.
– Copyright. The global availability of creative content presents both opportunities and challenges to the institution of copyright. Technological and market‑driven changes brought about new questions on how to promote, protect and reward creativity, while ensuring access to protected works and works in the public domain.
– Distinctive Signs. The traditional approach to the creation, use and legal protection of trademarks, industrial designs and geographical indications (including unfair competition) is undergoing fundamental change. Investment in the development and maintenance of brands – as the vectors that tie intangible reputation and goodwill to tangible products and services – is becoming a key aspect of IP policy.
– Designs. The variety of legal and administrative approaches to the protection of industrial designs that exists in Member States constitutes an opportunity for the exchange of views and practices as a possible basis for global frameworks.
– Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources. The consensual adoption of the mandate of the Intergovernmental Committee (IGC) for 2010/11 presents a historic opportunity for the global community to achieve explicit international recognition of, and respect for, traditional knowledge (TK) and traditional cultural expressions (TCEs) as IP, and for developing an appropriate means of dealing with the interface between IP and genetic resources (GR). The balanced protection of TK, TCEs and IP in relation to GRs would represent a significant normative shift in IP and recognize the universality of the IP system. The first milestone challenge under the new mandate, will be for the IGC to agree and to submit the texts of an international legal instrument (or instruments) to the WIPO General Assembly for the Assembly to decide on the convening of a Diplomatic Conference.
A/48/3 page 14
Proposed amendments by DAG
Brands and designs
Strategies will include:
(vii) In the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT):
– supporting wide Member State participation in the SCT as the main vehicle for the development of brand-relevant IP rights. Maintaining a flexible approach to the format of potential outcomes of SCT work in different areas, ranging from use of soft law instruments to international treaties;
– exploring the opportunity to advance work on the convergence of industrial design registration procedures in the form of an international design law treaty comparable to the Singapore Treaty (trademarks);
– exploring the scope for work on the protection of trademarks on the Internet;
– building capacity in the area of geographical indications, and encouraging multilateral cooperation including through exchanging experience and sharing of information on geographical indications;
– use of the existing institutional framework to produce outcomes if feasible and appropriate, such as the Singapore Treaty Assembly for amendments of the Regulations under the Singapore Treaty, and the Paris Union Assemblies for specific recommendations;
– preserving a strong public domain and avoiding misappropriation of signs.
A/48/3 page 19
Proposed amendments by DAG
The Lisbon System (Appellations of Origin)
(xvii) The Lisbon Agreement is now over 50 years of age and enjoys a membership of less than 30 Contracting Parties. The difficulty of the task of transforming the Lisbon System into a system that enjoys wide international participation should not be under-estimated, as the negotiations in the World Trade organization (WTO) on the establishment of a multilateral notification and registration system for GIs show. Nevertheless, the mandate from the Lisbon Union Assembly to the Working Group on the Development of the Lisbon System provides an opportunity to identify ways to improve the System so as to make it more attractive for States and users.
(xviii) An IT strategy needs to be deployed in the medium term to ensure that current investments are leveraged in the creation of a electronic registration and notification procedure, to be used by interested Lisbon Member States.
A/48/3 page 21
Proposed amendments by DAG
Madrid System - Strategies
(ix) Identifying factors hindering accessions to the Madrid Protocol. Engaging more actively with non-Madrid Member States in identifying and addressing their specific concerns. Developing tailored strategies to enlarge the geographical coverage, and outreach programs to communicate more effectively the potential impact of accession to the Madrid Protocol in specific national contexts.
(x) Working with the Contracting Parties to determine if the necessary IP policies and legal provisions are in place to fully implement the System, and assisting these Parties in developing and applying the necessary measures to achieve this objective.
(xi) To enhance awareness among the Member States which are members of the Madrid Agreement, but not of the Protocol, about the possible benefits of adhesion to the latter.
(xii) Engaging in an ongoing assessment of operations to deliver a more streamlined and efficient service.
(xiii) Fostering an organizational culture oriented towards quality service delivery, and monitoring user satisfaction
(xiv) Completing the IT Modernizations Phases I, II, and III, including the establishment of an external strategic partnership for the execution of Phase III, able to assume responsibility for the ongoing support of the resultant system.
A/48/3 page 22-23
Proposed amendments by DAG
WIPO Arbitration and Mediation Center - Strategies
(xxi) Enhance awareness of IP Alternative Dispute Resolution options.
(xxii) Increase market research into the needs of users of dispute resolution services and understanding of the factors that influence the decision to use ADR.
(xxiii) Increase the attractiveness of dispute resolution services offered by the WIPO Arbitration and Mediation Center by:
– adapting the Center’s procedures and case infrastructure to the evolving needs of users, including through IT‑based business solutions;
– working with IP owners, users and institutions to establish tailored procedures specifically adapted to the particular features of recurrent disputes in their areas of activity.
(xxiv) Engage with areas of IP policy where there is likely to be a high volume of international IP transactions and a need for neutral, efficient and cost-effective dispute resolution services. The availability of neutral, affordable procedures for the resolution of disputes between stakeholders could contribute to the successful functioning of mechanisms designed to promote technology transfer.
A Survey on Dispute Resolution in International Technology Transactions, conducted by the Center, will be of practical assistance in improving understanding of user needs, with a view to increasing the effectiveness of the services offered by the Center.
A/48/3 page 24
Proposed amendments by DAG
STRATEGIC GOAL III
Facilitating the Use of IP for Development
| Strategic Outcome | Outcome Indicators |
| Greater use of IP for development | 1. A strong focus on development throughout the Organization, with effective mainstreaming of the Development Agenda principles and recommendations in the work of all relevant Programs. |
| Development of balanced and nationally appropriate IP and Innovation Strategies and corresponding national IP legal frameworks in consonance with national development goals and priorities in developing countries, LDCs and countries in transition, as well as with international IP treaties and agreements, while making full use of available flexibilities, in order to promote domestic innovation and thereby enhance the stake of developing countries in the international IP system. | |
| Enhanced human and technical infrastructure of IP institutions, including SME support institutions, in developing countries, LDCs and countries in transition, providing modernized, user-friendly services and with the capacity to manage and use IP effectively for development. | |
| 2.Increased number of developing countries, LDCs and transition economies with balanced policy/legislative frameworks | |
| 3. Increased number of developing countries, LDCs and transition economies with strong and responsive IP and IP-related institutions | |
| WIPO’s technical assistance is in line with Development Agenda Recommendations and is transparent, neutral and reflective of the flexibilities in the international IP system and limitations and exceptions to IP rights. | |
| 4. A critical mass of human resources with relevant skills in an increased number of developing countries, LDCs and transition economies |
A/48/3 page 26
Proposed amendments by DAG
Economies in transition. The goal of facilitating the use of IP for development applies to diverse countries with widely differing levels of development and different levels of IP infrastructure. Many countries with economies in transition, for example, have recorded significant progress in their ability to utilize IP to help accelerate their economic, social and cultural development. In respect of these countries, the challenge for WIPO is to provide more specialized assistance to meet their particular needs, as well as to promote the exchange of experiences, lessons learned and best practices between such countries.
SMEs represent over 90 percent of enterprises in most countries worldwide, and contribute significantly to economic vitality. But the majority of entrepreneurs, micro-enterprises and SMEs make little or no use of the IP system. As a result, SMEs are becoming increasingly vulnerable in today’s highly competitive, increasingly international and knowledge driven, IPintensive environment. There is a need to reach out to SMEs in order to increase understanding of the potential of IP as a tool for extracting value from their creativity and inventiveness, and of the potential contribution of active IP asset management to the success of a business.
Moved to the new section under the Development Agenda
Mobilizing resources. As overall demand increases for the services WIPO provides to support developing countries use the IP system, so does the need for partners and resources to help ensure those needs are met in a way which maximizes their development impact. WIPO’s external relations and partnership building activities (Strategic Goal VII) are key elements in supporting developing countries in the use of the IP system and in mobilizing and providing access to resources for IP projects in developing countries. This is not to replace the central role of WIPO’s regular budget funding for these activities, but rather to accelerate this work, to increase WIPO’s capacity to respond to Member State needs, and to improve the effectiveness of WIPO’s technical assistance and capacity building work. The key challenge in this regard is to build on the momentum achieved by the WIPO Conference on Building Partnerships for Mobilizing Resources for Development (November 2009), in particular by reaching out to the mainstream development agencies and charitable foundations to increase their awareness and readiness to support developing countries’ IP projects for development.
A/48/3 page 38
Proposed amendments by DAG
STRATEGIC GOAL VI
International Cooperation on Building Respect for Intellectual Property
| Strategic Outcome | Outcome Indicators |
| Shared understanding and cooperation among Member States to build respect for IP, guided by Development Agenda recommendation 45 | 1. Increased international cooperation with Member States, NGOs, IGOs and the private sector 2. Balanced policy dialogue within the auspices of the WIPO Advisory Committee on Enforcement (ACE), taking into account development-oriented concerns 3. Enhanced capacity among Member States for addressing piracy and counterfeiting. |
A/48/3 page 42
Proposed amendments by DAG
STRATEGIC GOAL VII
Addressing IP in Relation to Global Policy Issues
| Strategic Outcome | Outcome Indicators |
| International discussions on global public policy issues are fully informed about the role of IP as a policy tool for promoting innovation and technology transfer | 1. WIPO recognized as the leading UN agency on IP issues 2. 3. IP‑based mechanisms are addressed as part of the debate on global issues |
A/48/3 page 43
Proposed amendments by DAG
STRATEGIC GOAL VII Addressing IP in Relation to Global Policy Issues
| This Strategic Goal reflects WIPO’s potential to serve as an intergovernmental forum for addressing the intersection between IP, innovation and global public policy issues. It implies substantive engagement with other UN, intergovernmental, and non‑governmental organizations in order to contribute to the search for shared solutions to the major challenges facing humanity, including climate change, food security, public health, the protection of biodiversity and meeting the Millennium Development Goals (MDGs). The most immediate impact of many of these global problems is borne by developing and least developed countries, and the programs under this Strategic Goal will be closely involved in the realization of development objectives and Development Agenda recommendations. |
CHALLENGES AND OPPORTUNITIES
Technology has, historically, provided the means by which humanity has addressed social and environmental challenges. In a broad sense, it has offered ways to improve our response to isolation and distance, to inadequate agricultural productivity, to threats to public health, to lack of readiness for hurricanes and typhoons, and so forth. Not surprisingly, rights that restrict use of new technologies may engender controversy. On the other hand, if there are no new technologies, there will be not only no controversies, but also no improvements to our capacity to respond to challenges. Balance between incentivizing investment in new technologies, on the one hand, and giving access to the social benefit of the new technologies, on the other hand, is a key principle.
Because of our increased reliance on technology, the discussion concerning the interface between IP and global public policy issues can be contentious and difficult. The importance of the issues at stake, and the common interest in improved information tools to support and guide policy debate and in clearer linkages between policy debate and technical analysis, provide both an opportunity and a challenge for WIPO.
The challenge is to ensure that WIPO can contribute its distinctive IP expertise to these crucial policy debates and, in doing so, work in partnership, as required and upon invitation of agencies and processes within the United Nations system and other inter-governmental fora. Successfully addressing this challenge presents an opportunity to establish WIPO as a point of reference on the interface between public policy issues and IP. To achieve this goal, WIPO needs to ensure that its contribution is of the highest quality, that it is balanced and evidence‑based, that it is targeted accurately, that it takes into consideration adequately the concerns of its Member States, and that it is supported through partnership building.