wipo magazine, issue no. 5, 1999 · wipo participates in the 27th geneva international exhibition...

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Contents Geneva May 1999 WIPO M AGAZINE WIPO targets abuse of trademarks on the Internet Visits Director General agrees upon plans for a study on the use of intellectual property by business during visit to Norway Director General emphasizes intellectual property as a human right during address to graduates at Franklin Pierce Law Center Copyright Moving closer to improved international copyright protection WIPO confirms its commitment to work with NCAC in training copyright officials in the Asia-Pacific region Cooperation for Development WIPO and Peking University examine the role of universities and research on the IP system in the 21st century WIPO-WTO joint initiative continues to meet developing countries’ needs for assistance WIPO promoting the Budapest Treaty in the CIS WIPO seminar adopts practical approach to the commercialization and licensing of IP in Azerbaijan WIPO symposium in the Caribbean puts the spotlight on the global information network and IP Unanimous support for recommendations on the way forward for the protection of folklore Exhibitions Coming home to invention—WIPO shows you where invention hides—all around the house WIPO participates in the 27th Geneva International Exhibition of Inventions Afro-Arab Fair WIPO hosts contemporary art exhibition loaned by Geneva Cantonal Fund News from National Offices Korea moves closer to creating its cyber patent office Swedish Patent Office launches InterPat News Calendar of meetings Products 2 4 5 6 7 8 9 9 11 11 12 14 15 16 16 17 17 18 20

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Page 1: WIPO Magazine, Issue No. 5, 1999 · WIPO participates in the 27th Geneva International Exhibition of Inventions Afro-Arab Fair WIPO hosts contemporary art exhibition loaned by Geneva

Contents

Geneva

May 1999

WIP

OM

AG

AZI

NE

WIPO targets abuse of trademarks on the Internet

VisitsDirector General agrees upon plans for a study on the use

of intellectual property by business during visit to Norway

Director General emphasizes intellectual property as a human right during address to graduates at Franklin Pierce Law Center

CopyrightMoving closer to improved international copyright protection

WIPO confirms its commitment to work with NCAC in training copyright officials in the Asia-Pacific region

Cooperation for DevelopmentWIPO and Peking University examine the role of universities

and research on the IP system in the 21st century

WIPO-WTO joint initiative continues to meet developing countries’ needs for assistance

WIPO promoting the Budapest Treaty in the CIS

WIPO seminar adopts practical approach to the commercialization and licensing of IP in Azerbaijan

WIPO symposium in the Caribbean puts the spotlight on the global information network and IP

Unanimous support for recommendations on the way forward for the protection of folklore

ExhibitionsComing home to invention—WIPO shows you where invention hides—all around the house

WIPO participates in the 27th Geneva International Exhibition of Inventions

Afro-Arab Fair

WIPO hosts contemporary art exhibition loaned by Geneva Cantonal Fund

News from National OfficesKorea moves closer to creating its cyber patent office

Swedish Patent Office launches InterPat News

Calendar of meetings

Products

2

4

5

6

7

8

9

9

11

11

12

14

15

16

16

17

17

18

20

Page 2: WIPO Magazine, Issue No. 5, 1999 · WIPO participates in the 27th Geneva International Exhibition of Inventions Afro-Arab Fair WIPO hosts contemporary art exhibition loaned by 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.

In a report published on April 30,WIPO sets out a series of recom-mendations that are aimed at curb-ing the abuse of trademarks on theInternet. The WIPO report hasbeen presented for consideration tothe Interim Board of the InternetCorporation for Assigned Namesand Numbers (ICANN), the newnon-profit international corpora-tion formed to oversee a selectnumber of the Internet's core tech-nical management functions.

The report is the culmination of aprocess approved by WIPO mem-ber states last September. Itaddresses questions relating todomain names, intellectual pro-perty and related dispute-resolu-tion issues. For the first time ever,the report sets out a definition forthe abusive use of trademarks onthe 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 problemsidentified in WIPO's report, and

WIPO targets abuse of trademarks on the Internet

WIPO MAGAZINE - MAY 19992

directly addressed by its recom-mendations, are bad faith, abusiveregistrations of domain names, alsoknown as "cybersquatting," as wellas the countervailing practice,referred to by domain name hold-ers as "reverse domain namehijacking." "Cybersquatting"occurs when individuals register arecognized trademark as a domainname and attempt to sell it to thegenuine owner of that trademarkfor commercial profit. So-called“reverse domain name hijacking”,which has appeared as a reactionto this, involves big businessesthreatening to sue legitimatedomain name registrants who donot give up the right to the regis-tration.

WIPO issued an interim report inDecember 1998 based on a firstseries of international consulta-tions. Experts at WIPO thenengaged in a second series ofregional consultations to receivecomments on the draft recommen-dations. The final report reflectsthe concerns that were expressedin the course of this process. Someof WIPO’s initial recommenda-

tions have been reversed, othershave remained intact and a fewhave been modified.

“In the final report, WIPO hasmade changes to the draft recom-mendations contained in its inter-im report in a concerted effort tobuild consensus amongst thediverse Internet stakeholders, andto produce practical recommenda-tions for an effective Internetdomain name system,” said WIPOAssistant Director General FrancisGurry. He added “WIPO has con-ducted a truly internationalprocess, aimed at openness and

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WIPO MAGAZINE - MAY 19993

transparency, with the widest pos-sible geographical and sectoralparticipation among those interest-ed in the future of the Internet.”

WIPO's consultations were exten-sive. They were conducted viathree “Requests for Comments”which were widely distributed,published on the website (athttp://wipo2.wipo.int), and dis-cussed in 17 regional consultationsin 15 different countries. Theprocess attracted over 1,300 partic-

ipants from 74 different countries,including many governments.

The recommendations were madewith the assistance of a multi-disci-plinary panel of 15 internationalexperts, set up by WIPO to con-tribute their expertise and toreflect the concerns of the intellec-tual property, Internet and publicinterest communities.

The final Report addresses fourareas: dispute prevention, a uni-

form system of dispute resolution,the protection of famous and well-known marks in generic top leveldomains (gTLDs), and the impacton intellectual property of addingnew gTLDs. WIPO makes a num-ber of recommendations aimed atmeeting the concerns of the rap-idly expanding Internet-user com-munity, and at giving recognitionto the diverse social, commercialand communication purposes forwhich the Internet is used.

Key Recommendations:

■ A set of minimum "best practices" to be adopted by all gTLD registration authorities. In particular, WIPO hasrecommended that the contact details of applicants using existing gTLDs be collected, and that those details befreely and instantly available over the Internet. WIPO also invites interested country top level domains(ccTLDs) to implement these practices.

■ A uniform and mandatory administrative dispute-resolution system, to address cases of bad faith, abusive regis-trations, also known as “cybersquatting.” Using this system, panels of three experts would apply the stream-lined, quick and cost-effective procedures outlined in the report, to review multiple claims and eliminate casesof clear abuse of trademark holders' rights, leaving the more complex cases to the courts.

■ A system by which owners of globally famous marks can obtain exclusions prohibiting others from registeringthe marks as domain names in gTLDs. The status of these marks would be determined by a panel of expertsdrawn from a list administered by WIPO.

■ The WIPO report recommends further study and consultation on the feasibility of adding a differentiated non-commercial and use-restricted domain that could address the need for privacy and free speech on the Internet.In such a domain, users could agree that their contact details would remain private on condition that theyrefrain from commercial activity or from actions that might infringe the intellectual property rights of others.The suggestion needs more consultation before any recommendation can be made about it.

■ Provided that the recommendations in the report are adopted and implemented, WIPO believes that the intro-duction of new gTLDs is possible. However, it does maintain that any new gTLDs should, in any event, beadded to the domain name system in a slow and controlled manner to ensure that the impact of this experienceis monitored and assessed.

WIPO's recommendations have been presented to ICANN for consideration at its Berlin meeting on May 25-27,1999. WIPO will present this report to its 171 member states at their annual meeting in September.

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In collaboration with Norway’sPatentstyret (Industrial Propertyand Patent Office), WIPO willundertake a study to examine theuse of the intellectual propertysystem by small and medium-sizeenterprises. This was a key out-come of Dr. Kamil Idris’ visit toOslo on May 19, 1999.

The plan to examine the impact ofthe intellectual property system onsmall and medium-size firms wasdiscussed during a meetingbetween Dr. Idris and Mr. LarsSponheim, Minister of Trade andIndustry. Many of Norway’s busi-nesses fit into this category, whichalso employs a large workforce andgenerates a significant part of thecountry’s gross domestic product.

Dr. Idris explained how the inter-national registration systemsadministered by WIPO, such as the

Patent Cooperation Treaty and theMadrid and Hague systems, canhelp small and medium-size enter-prises receive important techno-logical information. The impact ofthe WIPO Global InformationTechnology Network (WIPONET)on small and medium-size firmswas also reviewed as to how thiswill become an important sourceof patent information. WIPONET

will provide these companies withstrategic information on the avail-ability of state-of-the-art technolo-gies. The Director General alsopointed out that WIPO treatiescan support companies in protect-ing their technology.

Dr. Idris emphasized that theresults of such a study would notonly benefit Norwegian compa-nies, but could also be adjusted tomeet the needs of developingcountries. WIPO officials will trav-el to Oslo in mid-June to meetwith representatives of the govern-ment as well as the private sectorto work out the details of this pro-gram.

The talks also covered the possibil-ity of cooperation between WIPOand the government of Norway forestablishing a training program forofficials from developing countries.The program for officials involvedin the registration and manage-ment side of industrial propertyoffices would be implementedunder the auspices of WIPO’sWorldwide Academy. The WIPOWorldwide Academy will discussthe details of this program in mid-June in Oslo.

At a meeting with State Secretaryfor Foreign Affairs Mr. Leiv

VisitsDirector General agrees upon plans for a study on the use of intellectual property by business during visit to Norway

WIPO MAGAZINE - MAY 19994

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Traditional Norwegian architecture, on show at the Folk Museum in Oslo

Lunde, Dr. Idris discussed severalissues relating to general reform ofthe United Nations system. Thetalks stressed the importance ofincreasing efficiency of the systemto increase the relevance of thesystem as a whole. Talks also cov-ered implementation of the TRIPSAgreement (Trade Related Aspectsof Intellectual Property) by devel-oping countries. Developing coun-tries must comply with the provi-sions of the TRIPS Agreement byJanuary 2000. So far, 131 develop-ing countries have benefited fromWIPO’s technical and legal assis-tance in this area.

Dr. Idris and Mr. Lunde also dis-cussed the importance of intellec-tual property for the developmentof biotechnology and its relation-ship to biodiversity. They agreedon the importance of biotechnolo-gy and biodiversity as instrumentsfor improving food security andhealth conditions, as well as pre-serving the environment.

The Director General alsoaddressed a gathering of some 250representatives of the Norwegianbusiness community on the region-al and international challenges ofprotecting innovations, trademarksand industrial designs in the 21stcentury. In an hour-long speech,he reviewed the importance ofintellectual property in the digitaland knowledge-based economiesof the new millennium. Dr. Idrisaddressed issues dealing with col-lective leadership, relationsbetween an inter-governmentalorganization and the private sec-tor, and the need to devise a strat-egy to associate intellectual prop-erty with the needs of the people.

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WIPO MAGAZINE - MAY 19995

The Director General of the WorldIntellectual Property Organization(WIPO), Dr. Kamil Idris, toldgraduates at the Franklin PierceLaw Center in the United Statesof America that intellectual prop-erty is a human right enshrined inthe Universal Declaration ofHuman Rights.

The Franklin Pierce Law Centerhas been rated the top law schoolfor the past three years in theteaching of intellectual propertylaw in the United States. It is wellknown outside the country as well,as it receives many students fromdifferent parts of the world. WIPOhas been cooperating with theFPLC for several years, sponsoringeach year a number of studentsfrom developing countries for itspost-graduate program.

At the May graduation ceremony,the university conferred anHonorary Doctorate of Lawsdegree on the Director General.In a citation, the President of theNew-Hampshire-based university,Dr. Robert M. Viles, said Dr. Idrishad served the international com-munity “with extraordinary insight,understanding, compassion andskill.” Dr. Viles said Dr. Idris had“encouraged, enlightened, andtouched the lives of many, shed-ding light on the often obscure andarcane worlds of internationalaffairs and intellectual property.”

The President of the FPLC alsopaid tribute to Dr. Idris’ foresightand leadership abilities. “Youhave demonstrated a remarkableability to see issues from all sides

Director General emphasizes intellectual propertyas a human right during address to graduates atFranklin Pierce Law Center

and chart a course forward,” hesaid. Dr. Viles added that Dr. Idrishad applied “considerable intellectand compassion to provide leader-ship and vision in a world of fast-changing economic, technological,social and political circumstances.”

In his keynote address, Dr. Idrisspoke on the theme of intellectualproperty and human rights. TheDirector General noted that dur-ing last year’s celebration of the50th anniversary of the adoptionof the Universal Declaration ofHuman Rights in Geneva, the pro-visions of Article 27 (2) of theUniversal Declaration of HumanRights were reaffirmed. ThisArticle provides for everyone tohave the protection of the moraland material interests resultingfrom any scientific, literary orartistic production of which he orshe is the author. Dr. Idris notedthat the right to intellectual prop-erty was inherent and could notarbitrarily be taken away. Heobserved that intellectual propertyrights must be balanced with oth-ers such as the right to freely par-ticipate in the cultural life of agiven society.

At the event, attended by some1,000 participants, the DirectorGeneral also pointed out thatintellectual property has becomeincreasingly relevant in trade,health, culture, food security andin scientific, industrial and infor-mation technologies. He empha-sized that intellectual property is acritical tool for the economic,social and cultural development ofcountries.

During his visit, senior universityofficials thanked the DirectorGeneral for the donation of WIPOpublications to the law school’slibrary. In response, Dr. Idrisexplained that the WIPO libraryhad been integrated with theWIPO Worldwide Academy with aview to better serving the researchneeds of academics visitingWIPO’s Geneva headquarters.Talks also focused on possibleareas of cooperation betweenWIPO and the FPLC, particularlyin relation to the training activitiesof the Academy.

Dr. Idris, seen here with Dr. Robert M. Viles, FPLC President, after receivingan Honorary Doctor of Laws degreefrom the law school

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©WIPO MAGAZINE - MAY 1999

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CopyrightMoving closer to improved international copyright protection

The WIPO Standing Committeeon Copyright and Related Rights(SCCRR) moved closer to agree-ment on several key issues at itssecond session. The Committee,which met from May 4 to 11, 1999,considered a wide range of issuesrelating to the protection of audio-visual rights of performers, data-bases, and the rights of broadcast-ing organizations.

Protection of AudiovisualPerformancesThe international protection ofperformers’ rights were harmo-nized and updated by theDecember 1996 WIPOPerformances and PhonogramsTreaty (WPPT). When adoptingthat Treaty, however, theDiplomatic Conference opted forthe protection of the sound aspectof performances only. TheConference decided that the issueof protection of audiovisualaspects of performances, with aview to adopting a possible proto-col to the WPPT, would be thesubject of further discussion.

This session of the SCCRR took amajor step forward towards agree-ment on the rights of broadcastingto the public, and contractualarrangements involving the trans-fer of rights from performers toproducers of audiovisual works.Whilst there was no convergenceon some issues, the discussions alsogenerated a number of novel alter-natives which, it was generally con-sidered, moved the debate towardsa final solution.

Protection of DatabasesWith regard to the question ofprotection of databases, theCommittee assessed the currentsituation and national develop-ments and noted that a study com-missioned by the WIPOSecretariat on the economicimpact of protection of databaseswas under way.

The issue of database protection isproblematic. The availability andwidespread use of new technolo-gies make the copying of informa-tion contained in databases mucheasier, especially where databasesare computerized. Today, in orderto enjoy protection under copy-

right, databases must constituteintellectual creations by reason ofthe original choice or arrangementof the material. A large number ofdatabases, however, cannot be con-sidered original intellectual cre-ations, such as telephone directo-ries or meteorological databases,and are thus not protected, despitethe considerable investmentinvolved in their production.Furthermore, many countries havesignificant concerns that protec-tion of these kinds of databasesmight have negative effects onaccess to information by educa-tion, science, research and otherrelated sectors.

©The SCCRRThe Standing Committee on Copyright and Related Rights wasestablished in 1998 to examine matters of substantive law andof harmonization of standards in the field of copyright andrelated rights. The main and most important steps towardsestablishing minimum standards of copyright protection with-in the digital environment were taken in 1996 with the conclu-sion of the WIPO Copyright Treaty (WCT) and the WIPOPerformances and Phonograms Treaty (WPPT). The currentwork of the Standing Committee in the areas is designed toensure both that existing international standards of protectionare updated and enhanced, and that new standards are intro-duced as necessary. These issues will be the subject of furtherdiscussion at the third session of the Standing Committeefrom November 16 to 19, 1999.

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©WIPO MAGAZINE - MAY 1999

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©WIPO confirms its commitment to work with NCAC in trainingcopyright officials in the Asia-Pacific region

From April 5 to 9, WIPO received a high-level delegation fromChina headed by the Commissioner of the National CopyrightAdministration of China (NCAC), Mr. Yu Youxian, to discussWIPO’s cooperation with China in copyright matters. In partic-ular it was agreed:

■ that WIPO would co-organize with the NCAC two nationaland regional seminars on the collective administration ofcopyright towards the end of 1999. These would providetraining and explore policy issues;

■ to continue to include Chinese copyright officials in WIPO’straining programs;

■ in the year 2000, to organize in cooperation with the NCAC,seminars on the two so-called WIPO “Internet treaties”, i.e.the WIPO Copyright Treaty (WCT) and the WIPOPerformances and Phonograms Treaty (WPPT). WIP

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Protection of BroadcastingOrganizationsThe question of protection of therights of broadcasting organiza-tions is not covered by the 1996WIPO Performances andPhonograms Treaty (WPPT) andwas the subject of spirited debate.The Committee reaffirmed thegeneral willingness of its membersto update the existing rights ofthese organizations and consideredproposals on issues such as thescope and possible content of anew instrument.

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WIPO, together with PekingUniversity and the Ministry ofEducation of the Government ofthe People's Republic of China,held a forum on how universitiesand research institutions can playan effective role in the intellectualproperty system in the next century.The symposium was held inBeijing from May 10 to 12 and wasdivided into six main sessions on:

■ Perspectives of IP in the nextmillennium

■ Policy and strategic considera-tions

■ The teaching of intellectualproperty law

■ Using modern information tech-nologies

■ IP as a global issue

■ The valuation of intellectualproperty assets

The symposium attracted a greatdeal of attention primarily becauseof its subject matter and timeli-ness. Participants agreed on theindispensable role that universitiesand research institutions will con-tinue to play in the intellectualproperty system and how this rolewill increase as the “informationage” and “knowledge-based econ-omy” continue to develop.

The symposium was attended bysome fifty persons, mainly seniorgovernment officials engaged inintellectual property law and

administration, university profes-sors, and researchers.

During the opening ceremonyaddresses were given by ProfessorMin Weifang, Vice President, PekingUniversity, Mrs. Yuan Chengchen,Deputy Director General,Department of Science andTechnology, Ministry of Education,and Mr. Yang Zhengwu, DeputyCommissioner, State IntellectualProperty Office (SIPO).

Participants agreed that the uni-versities and research institutionsin the region had more work to doboth in promoting creativity aswell as in pursuing commercializa-tion of the inventions and innova-tions stemming from their estab-lishments.

They also agreed that the teachingand research of intellectual prop-erty laws in universities in thedeveloping countries of the regionis crucial and requested thatWIPO continue to provide assis-tance in this area.

The present and future plans for the WIPONET were favorablyreviewed and participants askedthat full access be extended tovarious institutions so they canparticipate actively in the networkand, in particular, the WIPOWorldwide Academy distancelearning programs.

At the request of participants,WIPO will also investigate thepossibility of arranging a follow-upsymposium on global intellectualproperty issues and the valuationof intellectual property assets.

Cooperation for developmentWIPO and Peking University examine the role of universitiesand research on the IP system in the 21st century

WIPO MAGAZINE - MAY 19998

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A view of the Forbidden City

Participants came fromBangladesh, Bhutan, BruneiDarussalam, India,Indonesia, Islamic Republicof Iran, Malaysia, Mongolia,Nepal, Pakistan, Papua NewGuinea, Philippines,Republic of Korea, SriLanka, and Viet Nam.

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WIPO MAGAZINE - MAY 19999

Some 32 countries have sentrequests for assistance since WIPOand the WTO issued their July,1998 joint initiative to providetechnical cooperation for develop-ing countries to help them meetthe January 1, 2000 deadline forconforming with the Agreementon Trade Related Aspects ofIntellectual Property Rights(TRIPS Agreement).

The types of assistance providedare varied and include:

■ modernization of intellectualproperty offices

■ review of national legislation toensure that a developing coun-try’s IP legislation complieswith that required under theTRIPS Agreement

■ development of humanresources

■ organization of national semi-nars on aspects of the TRIPSAgreement including enforce-ment and notification require-ments

This year WIPO and WTO orga-nized a joint sub-regional sympo-sium on the implications of theTRIPS Agreement in Bangui forthe French-speaking sub-Saharancountries from March 23 to 26.

In June, two WIPO-WTO jointlyorganized national seminars on IPand the implications of TRIPS areplanned in Colombia andVenezuela, with a further meetingon the same topic scheduled inCuba in November.

WIPO-WTO joint ini-tiative continues tomeet developingcountries’ needs forassistance

WIPO promoting the Budapest Treaty in the CIS

The TRIPS Agreement is a major WTO agreement. It cameinto being on January 1, 1995 at the same time as the WTO.The Agreement specifies minimum standards of protection forthe main categories of intellectual property, building on themain WIPO conventions of Paris and Berne. It also deals withthe effective enforcement of intellectual property rights.Developed countries had to comply with the Agreement byJanuary 1, 1996. Developing countries have an extra fouryears until January 1, 2000. Least developed countries have alonger transition period until January 1, 2005.

The Budapest Treaty

The main feature of the Treaty is that a contracting state whichallows or requires the deposit of microorganisms for the pur-poses of patent procedure must recognize, for such purposes,the deposit of a microorganism with any “internationaldepositary authority”, irrespective of whether such authority ison or outside the territory of the said state.

Disclosure of the invention is a requirement for the grant ofpatents. Normally, an invention is disclosed by means of awritten description. Where an invention involves a microor-ganism or the use of a microorganism, disclosure is not pos-sible in writing but can only be effected by the deposit, with aspecialized institution, of a sample of the microorganism. Inpractice, the term “microorganism” is interpreted in a broadsense, covering biological material which must be depositedfor the purposes of disclosure, in particular regarding inven-tions relating to the food and pharmaceutical fields.

In order to eliminate the need to deposit in each country inwhich protection is sought, the Treaty provides that thedeposit of a microorganism with any “international depositaryauthority” suffices for the purposes of patent procedurebefore the national patent offices of all of the contractingStates and before any regional patent office (if such a regionaloffice declares that it recognizes the effects of the Treaty). TheEuropean Patent Office (EPO) has made such a declaration.

From May 12 to 13, WIPO, togeth-er with the State Patent Office ofUzbekistan, held a regional semi-nar to promote the BudapestTreaty in the CIS. At present, onlyfour CIS countries, Republic ofMoldova, the Russian Federation,

Tajikistan and Ukraine are partyto this Treaty, while three interna-tional depositaries, all in theRussian Federation, have acquiredthe status of international deposi-tary authorities.

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A practical WIPO seminar on thecommercialization and licensing ofindustrial property attracted some80 participants in Baku, Azerbaijanfrom April 29 to 30. An interna-tional panel of moderators fromAzerbaijan, France, the RussianFederation and the UnitedKingdom ensured that active,focused discussions followed each presentation.

Participants agreed that the com-mercialization of industrial proper-ty and in particular of potentialinventions required specific techni-cal expertise calling for a signifi-cant amount of work and profes-sional knowledge. They noted withgreat interest the wealth of experi-ence developed in the Russian

Federation in the valuing of intan-gible assets by commercial organi-zations. They agreed thatAzerbaijan needs the infrastruc-ture and appropriate legislation toallow the management of intangi-ble intellectual property assets.

A considerable amount of discus-sion focused on licensing negotia-tion techniques and in particular thedifficulty of maintaining a profes-sional distance in licensing relationswith an employee (when it is his orher work) that is being valued.

Participants agreed that localpatent attorneys are the most suit-able group of professionals to dealwith for the valuation and licens-ing of industrial property.

Intellectual property specialistsfrom throughout the Caribbeanregion, keen to learn more aboutnavigating the global informationnetwork, met to discuss the latesttechnologies, the role of theInternet, and projections on howthis area will develop in the 21stcentury, in Bridgetown, Barbados.

The symposium, organized incooperation with the Governmentof Barbados from May 3 to 5,brought together seven interna-tional experts from the field of

intellectual property and informa-tion technology and 57 partici-pants to discuss five main themes;electronic commerce, Internetdomain names, the Internet, infor-mation technology plus computersand communication.

Electronic commerceThe symposium commenced withthis topical issue and the difficul-ties posed by the absence ofnational boundaries and an effec-tive regulatory infrastructure. In

WIPO MAGAZINE - MAY 199911

WIPO seminar adopts practical approach to the commercialization and licensing of IP in Azerbaijan

WIPO symposium in the Caribbean puts the spotlight on the global information network and IP

Participants in the seminar appreciated the practical approach taken to the subject matter

addition, the international possibil-ities e-commerce will offer in the21st century were explored.

The first day of the symposiumclosed with a first-hand account ofthe Canadian Innovation Center’sexperience with new systems ofinformation technology.

Internet domain namesA full explanation of how thedomain name system identifies aspecific space on the Internet(such as http://wipo.int) was pro-

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vided to participants. This was fol-lowed by an overview of the find-ings of the WIPO Internet DomainName Process, which involved aseries of international consulta-tions carried out since August 1998to establish recommendations foran effective system for registeringdomain names. Participants wereamong the first to be given “TheReport of the WIPO InternetDomain Name Process” that hadjust been published on the WIPOInternet site: (http://wipo2.wipo.int).

The InternetInevitably, this theme was touchedupon throughout the discussions;particular attention was paid tothe long-term implications of theInternet for the region.Participants considered political,technical, and market studies onthe Internet’s regional impact.

Information technology (IT)This theme focused on the ITdevelopment objectives for theCaribbean, including increasing ITexpertise and the production of ITproducts and services.

Computers and communicationParticipants considered the con-vergence of computers, communi-cation, and the media, and howthis convergence has laid the foun-dations for the global informationsociety.

The symposium closed with a live-ly roundtable discussion duringwhich the international expertsdealt with a volley of questionsfrom eager participants.

WIPO MAGAZINE - MAY 199912

Unanimous support for recommendations on the protection of folklore

Vigorous, intensive discussions onthe protection of expressions offolklore during consultations orga-nized by WIPO and UNESCOresulted in the unanimous adop-tion of two sets of recommenda-tions addressed to governments ofthe region and the organizers. Theconsultations took place in Hanoi,Vietnam from April 21 to 23 andbrought together representativesfrom 15 countries of the Asia-Pacific Region, six internationalexperts and four national collect-ing societies.

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The region has a rich cultural her-itage that encompasses literature,arts and crafts, music, visual arts,ceremonies and architecture asso-ciated with particular sites, as wellas forms of traditional knowledgerelated to medicine, healing, agri-culture, conservation and the sus-tainable use of biological diversity.

At the close of their discussions,the meeting formulated a set ofrecommendations to governmentsin the Asia-Pacific region thatincluded that:

■ The nations of the Asia-Pacificregion need to devote greaterattention and resources to theissues of legal protection of tra-ditional knowledge and folklore.

■ Wide-ranging discussionsshould be initiated with variousexperts on traditional knowledgeand folklore, associationsresponsible for creatingresources of traditional know-ledge and folklore, academics,social activists and other inter-ested groups to identify essen-tial aspects of an action plan,aiming, ultimately, at the formu-lation of a legal mechanism forthe protection of traditionalknowledge and folklore atnational and international levels.

■ Nations of the region shouldcooperate to find solutions toproblems of common concernand also to develop strategies,at the regional level, for exer-cise and management of rightsin traditional knowledge and

folklore, and to support commu-nities which are responsible forthe creation, maintenance, cus-todianship and development ofsuch traditional knowledge andfolklore.

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A separate set of recommendations regarding future assistancefrom WIPO/UNESCO requested that these organizations :

1. Extend cooperation and support for national initiatives forawareness-building, including through discussion, debates,seminars.

2. Institute studies and projects for in-depth study of theissues relating to protection of folklore and traditional knowl-edge.

3. Initiate steps for development of a sui generis form of bind-ing legal protection at national and international levels for theprotection of traditional knowledge and folklore; taking intoaccount the technological, legal, social, cultural and commer-cial developments which have taken place since the WIPOModel Provisions for National Laws on the Protection ofExpressions of Folklore Against Illicit Exploitation and OtherPrejudicial Actions were concluded in 1982.

4. Establish a Standing Committee on Traditional Knowledgeand Folklore within both WIPO and UNESCO to facilitate theprocess of establishing legal protection of folklore and tradi-tional knowledge. The Standing Committee will, inter alia,implement Recommendation 3 above, and facilitate and fundintra- and inter-regional consultation on the protection of tra-ditional knowledge and folklore.

5. Increase WIPO-UNESCO cooperation in providing assis-tance to developing countries in the form of :

■ legal and technical assistance,

■ specialized training in identification, documentation andconservation of folklore and traditional knowledge,

■ provision of necessary equipment and other financialresources.

Member states attending were:

Bangladesh, BruneiDarussalam, China, Fiji, India,Indonesia, Japan, Mongolia,Nepal, Pakistan, Philippines,Singapore, Sri Lanka,Thailand, and Viet Nam.

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Sixty square meters at WIPO’sInformation Center has beentransformed into an apartment aspart of WIPO’s aim of demystify-ing intellection property. The exhi-bition also demonstrates how rela-tively simple ideas that havebecome household objects benefit-ed from the protection providedby the system of internationalproperty protection. Creators ofthese works reaped financial gainas a result of the intellectual prop-erty system and as a result were, inmost cases, encouraged to furtherinnovate. The layout is similar to atraditional home – with a livingarea, a bedroom, a space for din-ing, a kitchen, and a work area.Most of the objects on displayhave at some point in time beenthe object of a patent, trademarkor industrial design applicationand protection. Copyright is alsoon show with novels and maga-zines lining the bookshelves of thistypical home and music from CDsresonating in the background.

While many are often impressedwith inventions such as the cellulartelephone, the supersonic airplane,or the computer, most people tendto take for granted inventions suchas the little ring you pull back toopen a can or the paperclip oreven the comb. These and manyof the other inventions on showalso fit under the category of intel-lectual property and deserve pro-tection.

“There are those who think thatintellectual property is somethingreserved for lawyers and experts,that it is not accessible to the pub-lic at large” said Dr. Idris. Thiscould not be further from thetruth. Intellectual property is verymuch a part of our daily lives andthe exhibition ‘At Home withInvention’ demonstrates this point.We are very much at home withintellectual property”.

ExhibitionsComing home to invention—WIPOshows you where invention hides—all around the house

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Dr. Idris at the opening of WIPO’s new exhibit At Home with Invention

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To complement the inventive andinternational themes of the GenevaInternational Exhibition ofInvention, and introduce a new per-spective to this event, WIPO pre-sented “Women Invent” an exhibi-tion portraying some 200 inventionsby women from around the worldat this year’s exhibition, which tookplace from April 30 to May 9.

“Women Invent” included illus-trated panels tracking women’scontributions to invention fromthe pioneer days of Marie Curieand her work in the fields of

chemistry and physics, to the airharmonica, a musical instrumentconstructed from empty soft drinkcontainers by Michiko Araki, a 12-year-old Japanese schoolgirl.

For the past twenty years, WIPOhas taken part in this internationalevent that this year broughttogether some 1,000 inventionsfrom 44 countries. WIPO GoldMedals have been awarded at theExhibition since 1979, when theGold Medal Scheme was intro-duced to stimulate and reward cre-ativity throughout the world.

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Presenting WIPO, and the work of womeninventors, to the public

Sri Lanka wins Gold Medalfor the best young inventor.

Mr. L. R. K. Sanaratne, ayoung engineer, won hisWIPO Gold Medal for amechanized rubber-tappingmachine that greatly facili-tates and speeds up the tra-ditionally labor-intensiveprocess of tapping rubbertrees.

Malaysia wins WIPO Gold Medal for best invention.

An all-woman partnership from Malaysia, Mrs Hadibah Ismail and MrsNoraieni Haji Mokhtar received the WIPO Gold Medal for the bestinvention presented in the Exhibition for SINE-SLAB a flexible pre-castconcrete product designed to fight coastal erosion. This product wasdeveloped at the Coastal and Offshore Engineering Institute at theUniversity of Technology, Malaysia.

WIPO participates in the 27th Geneva InternationalExhibition of Inventions

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On-line daily demonstrations ofhow to conduct patent searchestogether with an exhibition of win-ners of WIPO Gold Medals fromthe region ensured that the WIPOstand at the 4th Afro-Arab TradeFair buzzed with activity fromApril 15 to 25.

The Fair attracted some 735 busi-nesses from 11 African and 12Arab countries and was jointlyorganized by the League of ArabStates and the Organization ofAfrican Unity (OAU). It wasopened by the President ofSenegal Mr Abdou Diouf and MrBlaise Compaore, President ofBurkina Faso and acting Presidentof the OAU.

April 19 was nominated intellectu-al property day at the Fair andincluded presentations on

■ Intellectual property informa-tion and its role in research andcommerce

■ Trademarks and their signifi-cance in marketing

■ Intellectual property in the digital age

At the end of intellectual propertyday, prizes and WIPO GoldMedals for innovative enterprises

were awarded to three companiesamongst much media attention.

WIPO staff members made manypositive contacts during the fairand plan to return to the nextAfro-Arab Fair in two years time,in the meantime continuing tobuild up WIPO’s network of con-tacts in the region.

Positive contacts at Afro-Arab Trade Fair

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Visitors to the Fair sample what the WIPO stand has to offer

The winners of the WIPO Gold Medals were selected by a jury of five; medals were awarded to:

ERIAD an Algerian company producing pastries and biscuits

CHOCOSEN a Senegalese company producing coffee, mustard and milk products

CONDAK a Senegalese company producing canned goods

WIPO hosts Contemporary Art Exhibit loaned by Geneva Cantonal Fund

Selected art works from the collec-tion of the Geneva Cantonal Fundfor Decorative and Visual Artswent on public display at WIPOheadquarters on May 3. This wasthe first such collaborationbetween the Fund and an interna-tional organization in Geneva onthis large scale.

The Director General of WIPOand the President of the Fund, Mr.Laurent Moutinot, welcomed thispartnership as a positive steptowards bringing the internationalorganizations closer to the localcommunity and making visual artsmore accessible to the public. Dr.Idris said, "We are delighted andhonored to be able to display thisimpressive collection of contempo-

rary works of art at WIPO.” Headded, “It is only fitting thatWIPO, which promotes the protec-tion of cultural and artistic creativ-ity, should collaborate with theCantonal Fund to bring to thepublic eye works by talented con-temporary artists.” Such worksshow how intellectual propertybeautifies our surroundings andenriches our life.

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From the beginning of this yearapplicants have been able to makeon-line electronic filings forpatents, utility models, industrialdesigns and trademarks at theKorean Industrial Property Officevia KIPONET (On-line ElectronicFiling and Administration System).Plans are now being made to con-nect the KIPONET to theWIPONET and thus provide accessto an impressive volume of patent-related information.

Mr. Moutinot praised WIPO's will-ingness to support it in its effortsto promote contemporary visualarts. He said “this collaborationbetween WIPO and the CantonalFund is a perfect opportunity topresent the works of contempo-rary Geneva-based artists to mem-bers of the public and to the widerinternational community".

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News from National OfficesKorea moves closer to creating its cyber patent office

What is KIPONET?

KIPONET is an Internet-based on-line electronic filing andpatent administration system. To gain access to the system the user needs to request the necessary software from KIPO (at http://kiponet.kipo.go.kr). The system allows the user to filepatent applications on-line via a secured network and enablesthe KIPO to process, examine and publish the applications inan electronic working environment i.e., a paperless office.

Swedish Patent Office launches InterPat News

In March, the Swedish Patent Office launched InterPat News, its newsletterdesigned to bring together the latest information about patents, trademarksand designs as well as providing a forum for debate within these areas.The first issue features an article on the volume of information we arenow swamped with and the importance of information brokering.Another article in this first issue describes the efforts by the EuropeanCommission to inform European companies about intellectual propertyrights with the establishment of a helpdesk.

The Cantonal Fund, which isresponsible for promoting andencouraging the visual arts at theregional level, lends art works tolocal public institutions. Up to90% of the collection, which fea-tures contemporary artists fromdifferent countries, is displayed inthis way. Its association withWIPO also reflects the CantonalGovernment’s desire to create

stronger bonds with the Geneva-based international community.

The selection of works to be dis-played at WIPO is made up ofpaintings by some 20 artists. Theexhibition consists mainly ofabstract paintings but also includesexamples of other expressions ofcontemporary art.

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June 14 and 15 (Geneva)Standing Committee on Information Technologies

(Third Session)

The Committee will discuss and prepare a draft strategicplan for the twenty-first century with a view to provid-ing overall policy directions to all information technolo-gy-related activities within the SCIT.

Invitations: As members, the States members of WIPOand other delegations that the Committee has admittedas members; as observers, other States and certain orga-nizations.

June 15 (Geneva)Orientation Meeting on the Diplomatic Conference

for the Adoption of a New Act of the Hague

Agreement Concerning the International Deposit of

Industrial Designs

The Secretariat of WIPO will give background informa-tion on the Diplomatic Conference (see below).

Invitations: All States and organizations invited to theDiplomatic Conference (see below).

June 16 to July 6 (Geneva)Diplomatic Conference for the Adoption of a New

Act of the Hague Agreement Concerning the

International Deposit of Industrial Designs

The Diplomatic Conference is expected to adopt a newAct of the Hague Agreement as well as Regulationsthereunder.

Invitations: As ordinary members, the States membersof WIPO; as special members, the African IntellectualProperty Organization, the African Regional IndustrialProperty Organization and the European Community;and, as observers, the States members of the UnitedNations but not of WIPO as well as certain intergovern-mental and non-governmental organizations.

July 5 to 7 (Geneva)Intergovernmental Committee, Rome Convention

(convened jointly with ILO and UNESCO)

The Intergovernmental Committee will review the sta-tus of the international protection of neighboring rightsunder the Rome Convention.

Invitations: States members of the IntergovernmentalCommittee and, as observers, other States members ofthe United Nations and certain organizations.

August 2 and 3 (Geneva)Roundtable on Intellectual Property

and Indigenous Peoples

To facilitate an exchange of views among policymakersand indigenous people concerning more effective appli-cation and possible improvements of the intellectualproperty system to protect traditional knowledge.

Invitations: Member States of WIPO; international andnational governmental and non-governmental organiza-tions concerned; representatives of indigenous groupsand local communities and members of the public.

September 6 to 17 (Geneva)Standing Committee on the Law of Patents

(Third Session)

The Committee will continue its work based upon theresults achieved at its second session, with regard to thedraft Patent Law Treaty, and other issues.

Invitations: As members, the States members of WIPOand other delegations that the Committee has admittedas members; as observers, other States and certain orga-nizations.

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September 13 (Geneva)WIPO Industrial Advisory Commission

(Second Session)

The Industry Advisory Commission will meet in its sec-ond session to follow up on discussions began at its firstsession held on February 4 and 5, 1999. This session ofthe IAC will focus in particular on the intellectual prop-erty implications of electronic commerce in light of theWIPO Conference on Electronic Commerce andIntellectual Property and that begins the following day.

Invitations: Members of the IAC. Eminent representa-tives of industry groups in the market sector composethe IAC.

September 14 to 16 (CICG Geneva)Conference on Electronic Commerce

and Intellectual Property

The Conference will address the impact of electroniccommerce on intellectual property and will include ple-nary sessions on general developments in electroniccommerce and their implications for intellectual proper-ty, as well as workshops on the various areas of WIPO’swork program associated with electronic commerce,such as Internet domain names, patents, the WIPOCopyright Treaty (WCT) and the WIPO Performancesand Phonograms Treaty (WPPT), work on a protocol tothe WPPT on audiovisual works, the use of trademarkson the Internet and the use of electronic commercetools in the delivery of intellectual property services.The Conference will also examine the different levels ofawareness and the resulting differential participation inelectronic commerce.

Invitations: Member States of WIPO, other Statesmembers of the United Nations, international/regionalorganizations, non-governmental organizations and anyinterested members of the public, against payment of aregistration fee.

September 20 to 29 (Geneva)Assemblies of the Member States of WIPO

(Thirty-fourth Series of Meetings)

All Bodies of the Assemblies of the Member States ofWIPO will meet in their ordinary sessions.

Invitations: As members, the States members of WIPO;as observers, other States and certain organizations.

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 serveas a basis for information exchange and study by WIPO.

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

November 15 (Geneva)Regional Consultations Concerning Copyright and

Related Rights Issues

Each of the regions concerned will hold a separate con-sultation meeting on the issues to be discussed at thesubsequent Third Session of the Standing Committee onCopyright and Related Rights.

Invitations: States members of WIPO and/or of theBerne Union from various regions.

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

Rights (Third Session)

The Committee will continue its work based on theresults of its second session (May 4 to 11, 1999).

Invitations: As members, the States members of WIPOand/or of the Berne Union, and the EuropeanCommunity; as observers, other States and certain orga-nizations.

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WIPO publications may be obtained from the Information Products Section:WIPO34, chemin des Colombettes P.O. Box 18CH-1211 Geneva 20Switzerlandphone: 41 22 338 91 11fax: 41 22 740 18 12e-mail: [email protected]

Orders should indicate: (a) the number or letter code of the publication desired, the language (E forEnglish, F for French etc.), the number of copies; (b) the full address for mailing; (c) the mail mode (surface or air). Prices cover surface mail.Bank transfers should be made to WIPO account No. 487080-81, at the Swiss Credit Bank,1211 Geneva 70, Switzerland.

Products

The following new products were issued by WIPO in May 1999:

General Information brochure (1999 Edition) (English, French and Spanish) No. 400(E/F/S), free

Annual Report 1998 (English) No. 441(E), free

CD-ROM Industrial Property Statistics for 1996 No. CD/IP/STAT/1996, 60 Swiss francs.