Challenges and opportunities

 

Intellectual property (IP) is covered by a complex web of national, bilateral, plurilateral, regional and multilateral agreements. In today’s digitally driven and globalized world, however, the subject matter addressed by IP – new technologies, novel designs, brands and creative works –- increasingly crosses territorial borders. WIPO, the custodian of 24 multilateral treaties and four major global service systems, has the ongoing challenge of promoting balanced multilateral solutions to ensure that the international normative architecture remains relevant, that it serves its purpose of encouraging innovation and creativity worldwide; and that it facilitates participation by all countries in the benefits of technological and cultural advances. 

 

The approval of the Development Agenda was a normative landmark in the history of WIPO, mandating that the norm-setting work n WIPO must be conducted in a balanced manner taking due account of the needs and interests of countries in different stages of development and the full use of flexibilities within international IP agreements.. Though negotiations on various other issues have not been concluded, there has been an increasing convergence among Member States in several areas, including limitations and exceptions for the visually impaired and on the protection of Traditional Knowledge and Folklore. There is a need to achieve balanced outcomes in multilateral negotiations in WIPO, otherwise these multilateral processes risk being undermined. Failure on the part of the Organization to provide the forum for giving attention to needed adjustments and changes entails a number of risks. The role of the Organization in rule-making will wither. Multilateral approaches may be replaced by bilateral or plurilateral processes in other fora; and solutions may be developed by default by the market or by technology, rather than by public policy under the influence of governments.

 

Addressing this challenge requires the Secretariat to provide an impartial and professional environment – ensuring Committee agendas are comprehensively and fairly covered as far as possible – which facilitates the decision-making of Member States, in order to arrive at multilateral solutions and enable balanced rules to be set across the full spectrum of technological development, from the latest advances in digital technology to traditional knowledge systems, with adequate consideration of development and public policy implications. The opportunity now exists to build confidence among Member States by improving mutual understanding of normative questions, thus preparing the ground for future advances in normative discussions.

 

The dynamic global economic and social environment requires that the evolving international IP system in all areas carefully balance the interests of all stakeholders, including countries at different stages of development, rights holders, and the public. 

 

Against this background, some of the specific challenges and opportunities facing the Organization in the medium term in the main areas of normative activity (patents, copyright, trademarks, geographical indications, industrial designs and traditional knowledge) may be summarized as follows:

 

– 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