WIPO to Probe New Issues in Domain Name Abuse WIPO to ... · Domain Name Abuse Domain Names &...

Contents

GenevaSeptember 2000

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WIPO to Probe New Issues in Domain Name Abuse

WIPO to Resolve More Cybersquatting Disputes

Visits

WIPO Director General visits Egypt

Dr. Idris meets the President of Bulgaria

SCIT Meets in Geneva

WIPO Meets with Three African Organizations

Seminar for Universities and Research Organizations

Asia-Pacific Regional PCT Training Course

In Geneva

Public Awareness Posters Adorn WIPO Headquarters

Country Profile

Trinidad and Tobago’s Intellectual Property System

Cooperation for Development

International Conference in Brazil

Regional Meeting on Copyright in Peru

Course on Intellectual Property in South Africa

WIPO Forum in India

OECD Forum 2000 and Knowledge Fair

Book Highlights

WIPO Guide to Intellectual Property Worldwide

Calendar of Meetings

New Publications

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WIPO MAGAZINE - SEPTEMBER 20003


WIPO to Probe New Issues inDomain Name Abuse

Domain Names & Cybersquatting

Domain names, originally intendedto facilitate connectivity betweencomputers through the Internet,have come to constitute a form ofbusiness identifier because they areeasy to remember and use. The growing number of cyber-squatting disputes reflects the premium businesses are placing ondomain names and their potentialfor facilitating electronic commerce. By using trademarks as theirdomain names, businesses hope toattract potential customers to theirweb sites and increase their marketvisibility. Domain names are nowroutinely used in advertising as ameans of indicating the presence ofan enterprise on the Internet.

With the growth of the Internet,domain names have come into conflict with trademarks. The possibility of such conflict arises from the lack of connectionbetween the system for registeringtrademarks and the system for registering domain names.

The former system (trademarks) is administered by a public (governmental) authority on a territorial (either national or regional)basis which gives rise to rights onthe part of the trademark holder thatmay be exercised within the territory. The latter system (domainnames) is usually administered by anon-governmental organizationwithout any functional limitationand on a first-come, first-servedbasis. Domain names offer a globalpresence on the Internet.

Cybersquatters exploit the differences in the two systems bytaking advantage of the global,first-come, first-served nature of thedomain names system. Intellectualproperty rights’ owners and peoplewho register domain names in goodfaith have welcomed the UniformDispute Resolution Policy as a cost-effective and speedy alternative tolitigation.

WIPO’s Arpad Bogsch Building in Geneva, Switzerland.

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The results of this second series ofconsultations should be submittedto WIPO’s member States and theInternet community in the first halfof 2001. “Like the first WIPOprocess, these consultations will beconducted in a balanced and transparent manner,” said Mr.Gurry. “To that end, WIPO invitesall interested parties, includingintellectual property owners andother members of the Internet community, to participate. The objective, as before, is toachieve consensus among all stakeholders on the issuesaddressed.” For further informationon the second consultations andhow to participate, please seeWIPO’s electronic commerce website (http://ecommerce.wipo.int).

WIPO Assistant Director GeneralFrancis Gurry.

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the spotlight again as WIPOaccepted a request by a number ofcountries to go a step further in itswork to stamp out the bad faithregistration of domain names onthe Internet. WIPO’s new objectiveis to create a stable environmentfor the further development ofelectronic commerce and to safeguard the interests of ownersof rights that are not necessarilybased on registered trademarks.

WIPO helped put in place the current Uniform Dispute ResolutionPolicy (UDRP), which has stood asthe basis for settling conflicts relating to trademarks on theInternet since December 1999.The yearlong study that led to theimplementation of the UDRP bythe Internet Corporation forAssigned Names and Numbers(ICANN) targeted only the mostproblematic tensions betweentrademarks and domain names.However, the study did identify anumber of outstanding issues thatwould require further consultation.

In two letters addressed to WIPODirector General Dr. Kamil Idrisand signed by Senator RichardAlston, Australian Minister ofCommunications, InformationTechnology and the Arts, and representatives of 19 other member

States, WIPO is called upon toaddress these outstanding issuesand to focus on finding means toimprove the administration of thecountry code top level domainname registries (ccTLDs).

WIPO Assistant Director GeneralFrancis Gurry, who oversaw thefirst WIPO Internet Domain NameProcess, welcomed this request andsaid the Organization is committedto promoting a reliable environmentin cyberspace. “This request marksa new phase in our attempts toestablish greater compatibilitybetween identifiers in the real andvirtual worlds,” noted Mr. Gurry.“In examining personality rights,geographical indications and theother areas mentioned in therequest, we will be embarking onmore complex, but no less important, legal and policy terrain.”

WIPO will now initiate a secondround of international consultationsto address the abusive registrationsof trade names, geographical indications and other rights notbased on trademarks. WIPO willalso draw up a list of best practicesto help administrators of ccTLDsprevent and resolve domain namedisputes. Among the issues to be examined in these letters arebad faith, abusive, misleading or unfair use of :

Personal names (names of individuals that are targets of abusive registration because they are distinctive or famous);International nonproprietarynames (INNs) (unique and distinctive generic names of pharmaceutical substances that are selected by the World HealthOrganization (WHO), and maintained as public property toprotect the safety of patients worldwide);Names of international inter-governmental organizations (which are protected against useand registration as trademarks by the Paris Convention and TRIPS Agreement);Geographical indications,geographical terms,or indications of source (those expressions of ‘place-goods’connection that give producers in a certain geographical region the right to indicate that their products come from that region);Trade names (a name adopted by a business enterprise on the basis of its character, separate to its trademarks and service marks, that is used by the business to distinguish its commercial enterprise from others).


WIPO to Resolve MoreCybersquatting Disputes


The key role of the intellectualproperty system in promotingdevelopment was the focus of ameeting between WIPO DirectorGeneral Dr. Kamil Idris andPresident Hosni Mubarak of Egyptduring a visit to Cairo on July 15and 16. In the course of their talks,the Director General and theEgyptian leader agreed on theimportance of strengthening the intellectual property system inEgypt and the Arab region as a whole. Dr. Idris applauded the Egyptian government for its leadership and commitment tointellectual property protectionboth at the national and regionallevels.

Dr. Idris also met with seniorEgyptian government officials toreview current bilateral technicalassistance programs and to discussfuture activities. Their discussionsemphasized the need to supportefforts to automate and modernizethe national intellectual propertyoperations.

In talks with Dr. Mufeed Shehab,Minister for Higher Education andScientific Research, the DirectorGeneral pledged the Organization’scontinued support in the areas ofhuman resource development andpublic awareness campaigns togenerate a broader understandingof the intellectual property system.In this regard, he outlined specifictraining activities to be undertakenwith the WIPO WorldwideAcademy and reaffirmed WIPO’ssupport of the Post-GraduateSpecialized Diploma Degree inIntellectual Property at Cairo

University. Discussions also coveredthe organization of a workshop onthe protection of traditional knowledge, genetic resources andexpressions of folklore, issues ofparticular relevance to countrieslike Egypt that are endowed with arich cultural heritage and biologicaldiversity.

With the Minister ofCommunication and Information,Dr. Ahmed Nazif, the DirectorGeneral outlined possible WIPOassistance to support efforts in further developing the softwareindustry in Egypt. Dr. Idris alsomet with the Chairman of theRegional Information Technologyand Software Engineering Centre,Dr. Hisham El Sherif, to discussthe implementation of an on-linemuseum project designed to safeguard the intellectual propertyrights associated with the commercial exploitation of the digital assets of the EgyptianMuseum.

A meeting with the SecretaryGeneral of the League of ArabStates, Dr. Ahmed Esmat AbdelMeguid, was marked by the signingof a Memorandum of Understanding(MOU) to institutionalize andstrengthen the existing cooperationbetween the Arab League andWIPO. This MOU includes thejoint development and delivery of technical cooperation programs to countries in the region and a number of other information- sharing activities to promotegreater awareness and use of theintellectual property system in the Arab region.W

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The WIPO Arbitration andMediation Center has begun providing domain name disputeresolution services for countryadministrators in Ascencion Island(.AC), Guatemala (.GT), Niue(.NU), St. Helena (.SH), Trinidadand Tobago (.TT), Tuvalu (.TV),and Western Samoa (.WS). So far, the cases received for theseccTLDs concern the domainnames: expedia.nu, christies.nu,zippo.ws, and broadcastamerica.tv.

The registration authorities for thecountry codes in which the caseshave been filed have adopted theUniform Domain Name DisputeResolution Policy (UDRP) set bythe Internet Corporation forAssigned Names and Numbers(ICANN). The UDRP was originallydesigned for settling disputes thatarise in the generic top-leveldomains (gTLDs), such as .COM,.NET, and .ORG. As the types ofdispute within ccTLDs are similarto those occurring within thegTLDs, the UDRP is also relevantto ccTLDs, particularly where such

domains are “open”, meaning thatthe domain names can be registeredby any person living in any country.Country administrators can adoptthe UDRP and may appoint anyorganization that provides disputeresolution services to settle thesecases, such as WIPO’s Arbitrationand Mediation Center.

“At present, countries differ in the way they administer alleged cybersquatting disputes,” saidWIPO Assistant Director GeneralFrancis Gurry. “Adoption by country administrators of theUDRP ensures uniformity and provides a quick and cost-effectivealternative to traditional disputeresolution for trademark-relateddisputes.”

Mr. Stephen Oronte, chief operatingofficer for .NU Domain Ltd.,the first ccTLD to adopt ICANN’sUDRP, underlined the importanceof a uniform process to resolve disputes in the context of “open”domains. “Open ccTLDs need astandard method of resolvingdomain name disputes across theworld. We strongly believe that theUDRP process is the best standardavailable for reducing intellectualproperty infringements.”

“Now that the opportunity for badfaith cybersquatting has beenreduced in the gTLDs due to thegrowing use of the UDRP, the timeis ripe for ccTLD administrators toconsider adopting similar measuresat the country code level,” said Mr. Gurry. “It is encouraging to see

that ccTLD administrators are nowadopting the UDRP or consideringsimilar approaches. The recent casefilings concerning registrations inthe ccTLDs at the WIPO Arbitrationand Mediation Center demonstratethat there is a need for this.”

The UDRP pertains only to disputesettlement in relation to abusiveregistration of trademarks. It doesnot cover dispute prevention orother best practices. A group ofcountries have asked WIPO todevelop voluntary guidelinesintended to assist the administratorsof the ccTLDs to address a broaderset of issues relating to intellectualproperty and domain names (seeprevious article).

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SCIT Meets in GenevaStanding Committee on Information TechnologiesReviews Status of WIPO Projects


Dr Idris Meets the President ofBulgaria

WIPO Director General Dr. KamilIdris stressed the importance ofinvolving policy-makers at all levelsin efforts to promote the creation,use and protection of intellectualproperty rights during talks withsenior Bulgarian officials on July 4 and 5 in Sofia. This, along withthe Director General’s commitmentto assist Bulgaria in strengtheningits intellectual property system tomake it a tool for wealth creation,was at the center of discussions with Bulgarian President PeterStoyanov.

Dr. Idris emphasized that efforts toraise awareness of the value ofintellectual property rights and toreinforce intellectual propertyinfrastructure at the national levelrequires the long-term commitmentof policy-makers at all levels. He commended the Bulgarian government for having successfullymet the challenges of movingtowards a market economy and for having placed intellectualproperty protection at the heart ofthe country’s socio-economic development strategy. Dr. Idris also commended the President for hisleadership, and the Government ofBulgaria for its commitment to theintellectual property system at thenational, international and regionallevels.

Dr. Idris and Presidant Stoyanovdiscussed WIPO’s cooperation withBulgaria. They identified institution-building and humanresource development as areas ofparticular importance to the specific

needs of the country. The two also agreed that a robust intellectualproperty system is an essential element in fostering innovation andcreative endeavor as key elementsof a knowledge-based economy,helping to stimulate employmentand the use of new resources.

Dr. Idris thanked PresidentStoyanov for his participation inthe WIPO Policy AdvisoryCommittee (PAC), an advisorybody composed of eminent policy-makers. President Stoyanovpledged his commitment to thework of the PAC, saying the members would help raise theinternational profile of the intellectual property system.

Talks with the Minister of ForeignAffairs, Nadezhda Mihailova,the Deputy Minister of Economy,Lyubov Panayotova, and othersenior government officials onways of strengthening the intellectual property system inBulgaria followed the DirectorGeneral’s meeting with thePresident.

At the end of his visit, Dr. Idrisreceived the award of DoctorHonoris Causa from the Universityof National and World Economy inSofia, the sole university in theBalkan region to offer courses inintellectual property as part of itscurricula at the graduate and postgraduate levels.

The Standing Committee onInformation Technologies (SCIT)met from July 10 to 14 in Genevato consider a range of questionsrelating to major automation projects at WIPO. These includethe continuation of the WIPONET

project, an initiative to automatethe operations of the PatentCooperation Treaty (IMPACT),the creation of IntellectualProperty Digital Libraries (IPDLs)and the Administration IntegratedManagement System (AIMS).These initiatives will ensure that all members of the intellectualproperty community and the general public enjoy easier accessto intellectual property information.Delegates from 66 WIPO memberStates, six intergovernmental andseven non-governmental organizations and one other country participated in the SCITmeeting.

WIPONET

WIPONET, a state of the art project that capitalizes on digital technology to provide Internet connectivity to the world’s intellectual property offices,moved into a critical phase thismonth following entry into contract negotiations by WIPOwith one of five short-listed bidders. The successful companywill be responsible for the technical implementation ofWIPONET. Once completed,WIPONET will create a global information network infrastructure

linking the operations of theworld’s intellectual propertyoffices. This will promote international cooperation by providing easy access to low-costcommunications. Over the nextthree-and-a-half years WIPO willprovide Internet connectivity tointellectual property offices in 65 member States that do not currently enjoy access to theInternet, including a free-of-charge allocation of 360 hours of dial-upaccess per year. These includemany developing and least developed countries. In addition,all intellectual property offices,including an estimated 164 thatalready have Internet connectivity,will benefit from a range of central services including e-mail,web hosting, discussion groups on intellectual property-related topics, virus scanning and user administration.

The SCIT reviewed progress inimplementing the WIPONET

to date, and endorsed WIPO’s strategy for the future deploymentof the project.

IMPACT(InformationManagement forthe PatentCooperation Treaty)Project

The SCIT took note of progress inimplementing the IMPACT project

which has gained significantmomentum since a consortium ofleading companies was identifiedto deploy the project under the supervision of WIPO earlier this year. IMPACT will lead to the full automation of Patent CooperationTreaty (PCT) operations. The PCThas witnessed steady growth inrecent years; the treaty now counts 108 states as signatories. In the first six months of this year,the PCT Secretariat received an average of 361 international applications a day. Electronic filing of international patent applications under the PCT is acentral component of this project.

SCIT and the PCT Assembly areworking closely together on the development of technical and legal standards for electronic filingof patent applications. As these are inter-linked, delegates to the SCIT meeting attended parallel



WIPO Meets with Three African Organizations

The annual meeting of the consultative committee of thequadripartite agreement betweenWIPO, the African RegionalCenter for Technology (ARCT),the African Regional IndustrialProperty Organization (ARIPO),and the Organisation Africaine dela Propriété Intellectuelle (OAPI)took place from June 26 to 29 inthe cities of Yaoundé and Kribi,Cameroon. The aim of the meetingwas to review the activities undertaken under the framework ofthe agreement and to elaborate aone-year program of action.

The first activity reviewed was theInternet connectivity provided toARIPO and OAPI by WIPO. The connection, part of the pilotphase of the WIPONET project,has shown positive results as bothorganizations now have their ownwebsites.

Since the last meeting of the consultative committee, WIPO,ARCT, and ARIPO have organizedseminars promoting intellectualproperty protection, scientificresearch, and technological innovation. OAPI, ARIPO,and ARCT reported on several new developments, including theaccession of new member states to ARIPO and OAPI.

The members of the committeediscussed difficulties encounteredin organizing regional seminarsand meetings at which participatingcountries have different officiallanguages. They requested WIPO’sassistance with interpretation facilities for such events.

They also reiterated the need tocooperate with non-governmental organizations in the promotion ofintellectual property and its protection in Africa.

WIPO officials informed theQuadripartite Committee of its project to conclude an agreementwith African economic organizations and with theOrganization of African Unity(OAU) involving the need toinclude intellectual property matters in their economicagendas. Through these effortsWIPO intends to heighten theawareness of intellectual propertyand its importance in strategicplans for economic development inthe region.

The committee encouraged OAPI and ARIPO in their endeavorto gain the status of observers atthe OAU. OAPI officials reportedthat they took part in events organized by the Union économique

et monétaire ouest-africaine(UEMOA) in order to highlightthe importance of intellectual property in economic development.

An important discussion on geographical indications led thecommittee to resolve to assist theirmember states to promote a greateruse of the system. The group recommended that OAPI andARIPO put in place a mechanismto permit better protection ofAfrican geographical indications.OAPI and ARIPO intend to put thematter before their members.

The committee discussed the promotional activities to take placein Europe in September for usersand potential users of the ARIPOand OAPI systems. They alsoplanned several events for the up-coming African IntellectualProperty and Technology Day.Next year’s meeting of the committee is scheduled in Dakar,Senegal on June 25 and 26.

consultations of the PCTAssembly on electronic filing.This was the first time that legaland technical experts combinedtheir expertise in joint consultations on these importantquestions.

The informal consultations tookplace from July 11 to 14 andresulted in significant progress inestablishing a legal framework andtechnical standards for electronicfiling of PCT applications.Agreement was reached on thetypes of security safeguards to beused (e.g. public key infrastructure(PKI) and digital certificates) in order to verify the identity of PCT users as well as on many procedural and technical matters.Once the PCT Assembly has finalized its provisions on electronic filing, the SCIT will further develop generally applicablestandards for electronic filing ofpatent applications. It is anticipatedthat PCT electronic filing will beoperational by the end of the firstquarter 2001.

WIPO IntellectualProperty DigitalLibrary (IPDL)Project

The SCIT also reviewed progressin implementing the IPDL project. WIPO designed the IPDLto promote the electronic dissemination of intellectual property information to the publicand to cooperate with intellectualproperty offices in the developmentand exchange of information. In its first phase, the project willprovide basic, WIPO-maintainedintellectual property informationwithin a professionally designed,highly standardized environment.Later phases will add new features,access mechanisms and services to the system and will expand theamount of electronic data available.

WIPO member States commissioned the IPDL project in July 1997. A prototype becameoperational in April 1998 and currently provides access to a range of database collections,including data relating to international applications filedunder the PCT, the Madrid Systemfor the Registration of Marks,and the Hague System for theRegistration of Industrial Designs.Access to the database collectionsof the Madrid System and PCT is available to the generalpublic free of charge. Collectionsare updated on a daily and weeklybasis, respectively.

The SCIT endorsed the need todevelop common technical standards, which it noted were

central to the success of the project and important in facilitatingthe integration of existing data collections of WIPO memberStates in a cost-effective way.

AIMS(AdministrationIntegratedManagementSystem) Project

The SCIT also approved in principle the scope of a projectdesigned to upgrade the way thatWIPO manages and presents itsfinancial and management data.The AIMS project reflects theOrganization’s commitment totransparency and accountabilitythrough the modernization andreform of its financial and administrative operations.

The project aims to rationalizeworking practices to avoid unnecessary duplication of tasks,and to ensure that all the activitiesof the Organization are fully coordinated within a comprehensive,integrated and automated management system. Followingendorsement by the SCIT,the WIPO Secretariat will developa detailed project plan to presentto member States in time for discussions on the program andbudget for the 2002-2003 biennium.

The next meeting of the SCITPlenary is planned for January 22to 26, 2001.

Work session of the Quadripartite Committee.



Seminar for Universities andResearch Organizations

In Dar es Salaam, Tanzania fromJune 20 to 22, WIPO, in cooperationwith the Ministry of Industry andTrade, Business Registrations andLicensing Agency (BRELA),the Ministry of Science, Technologyand Higher Education, and theUniversity of Dar es Salaam,organized a seminar on the benefitsof the intellectual property systemfor universities, universityresearchers and research and development (R&D) organizations.

The participants represented innovation support services andtechnology management units ofregional governments, R&D institutions, and universitiesinvolved in innovation studies andresearch and development. Some 24 particpants came fromBotswana, Eritrea, Ethiopia,Ghana, Kenya, Lesotho, Malawi,Mauritius, Mozambique, Nigeria,Senegal, Uganda, Zambia, andZimbabwe. Another 35 attendedfrom the host country.

The seminar focused on the benefitsof the IP system as a key factor ofeconomic development and as anindispensable instrument in addingvalue to results and inventions

developed by R&D organizationsand universities. It also increasedawareness and understanding ofthe IP system among academicstaff members, researchers,managers, and students working inthose fields. In his opening statement, Mr. Abdallah M. Ngororo,Permanent Secretary, Ministry ofScience, Technology and HigherEducation, succinctly brought theseminar’s goal into focus:“Knowledge is the currency fordevelopment,” he said.

The seminar covered various topics,from the links between educationand IP rights, the legal aspect ofthe IP system, and the need forestablishing innovation and invention support structures to theroles and functions of innovationcenters in universities of developingcountries. Six local speakers presented papers and four international speakers – from MOIUniversity, Kenya, the Universityof South Africa, Utah StateUniversity, United States ofAmerica, and the African RegionalIndustrial Property Organization(ARIPO), Zimbabwe – gave presentations on various subjects.

The highlights of the meetingproved useful as many of the participants were revisiting theirpolicies on the teaching and handling of intellectual propertyrights. Participants underlined theneed for each university and R&Dorganization to have a clear policystatement regarding intellectualproperty rights and affirmed thatsuch rights are an important sourceof income generation for universitiesas well as the basis for contractualresearch. The seminar also highlighted that government policies should encourage R&Dorganizations and universities topay more attention to the commercialization of R&D resultsthrough the intellectual propertysystem.

The participants requested WIPO’s assistance in establishing networking links between the universities and R&D organizationspresent by using the Internet as wellas other means of communication. The participants also stressed theneed for regular meetings amongintellectual property specialists,universities, and R&D organizations.

Asia-Pacific Regional PCT Training Course

Meeting participants in Dar es Salaam.

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Participants at the Asia-Pacific regional training course on the PCT.

Many countries in the Asia-Pacificregion are renewing their efforts in relation to regional and international cooperation in theeconomic and technical fields. The effective use of the PatentCooperation Treaty (PCT) systemis playing an increasingly important role in promoting thisdevelopment. Already, of the 1,745PCT applications filed in 1999 by applicants from developing countries, some 71 percent werefiled by nationals and residents ofdeveloping countries in the Asia-Pacific region. To build on these trends, WIPO conducted aregional PCT training course fordeveloping contracting States fromJune 20-23 in Beijing, China incooperation with the StateIntellectual Property Office (SIPO).

In her opening comments,Mrs. Jiang Ying, Commissioner ofthe SIPO, called the course aneffective channel to promoteawareness and use of the PCT system in the region. She notedthat China is on the verge ofbecoming a member of the WorldTrade Organization and that theinternational PCT system, in usefor over 20 years, is an excellenttool for Chinese industry to be amajor participant in the globalmarketplace.

Questions andDifficulties

Most of the questions raised in thecourse related to PCT proceduresand requirements. Explanations

given by the speakers fromdifferent patent offices helped participants gain a better and morecomprehensive understanding of these issues. Speakers from theEuropean Patent Office and theSwedish Patent and RegistrationOffice explained how their officesprepare PCT international searchand preliminary examinationreports.

In their presentations, the speakersfrom China and the Republic ofKorea stressed the advantages ofthe PCT in connection with national economic and industrial development. Several patent attorneys and agents mentionedthat the accession to the PCT byChina had brought them much more business. They said thatusing the PCT presents variousadvantages, although they notedthat using the system requires morepreparation time to familiarizethemselves with the relatively complicated filing procedures.

Many of the course participantscited the lack of qualified patent officials and agents to deal withthe increase in PCT applications asan immediate problem. They alsonoted some difficulty in dealingwith patent agents in developingcountries, who are unfamiliar withPCT procedures.

Conclusions

The presentations and exchange ofpractical experience helped foreignand local participants gain familiarity with PCT procedures inorder to handle PCT applicationsmore effectively and skillfully. The participants noted that thedeveloping countries with fast growing economies could benefit from the experience ofChina and the Republic of Korea. They stressed the need to make thePCT system more relevant to otherdeveloping countries, in particularto the least developed countries.


In GenevaPublic Awareness Posters Adorn WIPO Headquarters


The mezzanine of WIPO's Arpad

Bogsch Building was transformed

into a poster gallery during the

summer months with an

exhibition of posters promoting

public awareness of intellectual

property rights.The posters were

created and provided by national

and regional intellectual property

offices and non-governmental

organizations from around the

world.The collection, representing

some 34 countries and

organizations, demonstrated

a wide variety of approaches and

great creativity in explaining to

the general public the importance

of intellectual property and its

protection. A small sample is

reproduced here. All photographs

are by Ms. Mercedes Martínez

Dozal, WIPO photographer.

0070-55 Ministry of Industryand Commerce, Colombia. A bank has been built thatdeals with things more valuable than money: Ideas.

0072-56 (title) Fine and Roughby the National CopyrightAdministration, China: “Fine” shows the elegant andexcellent quality of the originalcopyrighted product. “Rough”shows that pirated productsare manufactured in a crudeway.

0074-53 Ministry of Educationand Culture, Spain, in cooperation with WIPO.

0070-58 German Patent& Trademark Office:Industrial property protection puts you in a strong position!Patents add value toinnovation and offer asecure means to reapthe economic benefits of inventions.

0071-55 Institut national de la propriété industrielle,France: An undeclaredimported animal can be costly.

0072-83 American Film Market, UnitedStates of America.

0073-53 DirectorateGeneral of IntellectualProperty, Indonesia.

0069-54 IndustrialProperty Organization,Greece: Patents, industrial designs, technical information, technology transfer.

0070-82 National Boardof Patents andRegistration of Finland.

0072-85 NationalCopyright Directorate,Colombia: The respect ofcopyright is everyone’sobligation.

0071-67 by the Karaoke Anti-illegal-CopyingCommittee, Japan: Stop illegal copying! Do not use copied articles for your Karaokelessons. Respect copyright andneighboring rights.

0070-65-6 (title) Who knowsthe hard worker ? by ZhangLiang from Shenzhen, China:The idea comes from aChinese poem. Food on theplate reminds us of the effortsof hardworking farmers. Today the disk has replacedthe plate, while the mousesymbolizes the pirate.

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15WIPO MAGAZINE - SEPTEMBER 2000

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Country ProfileTrinidad and Tobago’s Intellectual PropertySystem

Among WIPO’s principal tasks ispromoting the progressive development and harmonization ofintellectual property laws, standards,and practices. A key aspect of thisinvolves close cooperation with thegovernments of member States inshaping their intellectual propertylegislation. The evolution over thelast decade of the intellectual property system of Trinidad andTobago is a prime example of theresults of this kind of cooperation.

The Caribbean nation’s legislationfor the implementation of intellectual property protection waspositively reviewed recently by theWorld Trade Organization Councilfor Trade-Related Aspects ofIntellectual Property Rights (theTRIPS Council) at its June meetingin Geneva. This success representsthe latest milestone in an enduringpartnership between Trinidad andTobago and WIPO.

WIPO’s program of cooperationand technical assistance withTrinidad and Tobago intensified in1990 when the government established a committee to reviewits intellectual property legislation.Discussions between the government and WIPO identifiedthe following goals:

to modernize the legal framework of intellectual property in accordance withinternational standards,including the WIPO-administered treaties and theTRIPS Agreement;

to develop efficient administration and enforcementof intellectual property rights;to build public awareness of theimportant role of intellectualproperty;to increase the use of industrialproperty information;to establish cooperation linkswith other developing countries.

In the ten years since the committeewas formed, WIPO, at the government’s request, sent severalmissions to Trinidad and Tobago toprovide advice and technical support on intellectual propertylegislation. These initially includedvisits to help update the draftpatent law in light of new developments in the industrialproperty field, as well as seminarson the Patent Cooperation Treaty(PCT) and the Budapest Treaty.Also discussed were proposedamendments to the country’s trademark law, which were enactedin 1994. During this same period,Trinidad and Tobago increased itsmembership in internationaltreaties in the field of intellectualproperty, eventually participatingin more WIPO-administeredtreaties than any other country inthe region.

Later missions and consultationsdealing with a variety of legislationregarding industrial property andcopyright produced steady results.The year 1996 was a particularwatershed, witnessing the enactment in parliament of the following six pieces of legislation,

as well as relevant subsidiary regulations: The TrademarkAmendment Act, The Patent Act,The Industrial Designs Act,The Geographical Indications Act,The Integrated Circuits Act,and The Act for the ProtectionAgainst Unfair Competition. In 1997, The Copyright Act wasalso enacted.

The passage of the bulk of this legislation was followed by a keyworkshop, organized by WIPO inlate 1996, to familiarize government officials, attorneys,and other interested groups withthe new laws as well as with services provided by the nationalintellectual property office. A symposium for the judiciary onvarious aspects of the new legislation, as well as enforcement,was held in 1998.

Throughout the period of cooperation, special attention waspaid to automation and improvinginformation technology aspects ofregistration services, with an eyetoward making intellectual propertyinformation and databases morereadily available to professionalsand the general public. Extensivetraining programs were implemented as well, and includednumerous seminars held on thenational level.

The country, in 1997, hosted thefirst WIPO Ministerial LevelMeeting on Intellectual Propertyfor Caribbean countries and thesecond WIPO Regional Meeting

for Heads of Industrial PropertyOffices in the Caribbean countries.It has also developed strong cooperation links with other developing countries, in the regionand elsewhere. Trinidad andTobago is also chairing a committeeof local governments and organizations seeking to establish aregional collective managementcenter for copyright and relatedrights.

Earlier this year WIPO and theIntellectual Property Office ofTrinidad and Tobago jointly organized a regional seminar onthe PCT for Caribbean countries to create awareness and promoteaccession to the PCT in theCaribbean region. During the seminar, government officialsstressed that knowledge of the PCTand intellectual property rights as awhole are critical in economicdevelopment. Indeed, officials ofthe nation’s Intellectual PropertyOffice now rely heavily on theinternational search and preliminaryexamination reports provided bythe PCT system when taking adecision on whether to grant orrefuse a patent.

As participants in the seminaragreed, development of stronglocal institutions to administer andimplement intellectual property lawsare key in fostering the developmentof innovative industries and competitive economomies.


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Queen’s Royal College, Trinidad and Tobago.



Cooperation for DevelopmentInternational Conference on IntellectualProperty in Brazil

Regional Meeting onCopyright in Peru

Developing countries throughoutthe world, although geographicallyvaried and culturally diverse,confront similar challenges in theintellectual property field. These challenges were discussed atthe first international conferenceon intellectual property, trade,technological innovation and competitiveness, held from June 19to 21 in Rio de Janeiro, Brazil.

This first inter-regional meeting,jointly organized by the fourregional bureaus of WIPO’sCooperation for Development sector in cooperation with the government of Brazil through theNational Institute of IndustrialProperty (INPI), provided an occasion for the exchange ofviews, information and experiencesamong developing countries onquestions related to intellectual property and development.

The conference attracted some 150participants from developing countries throughout the world.Mr. Alcides Lopes Tápias, Minister for Development, Industry andForeign Trade, Brazil, opened theconference. Government officials,intellectual property attorneys,and representative from the privatesector, from industry, research institutions, and universitiesattended. Speakers came fromBrazil, Chile, China, Cuba, Egypt,India, Jamaica, Jordan, Kenya,Lebanon, Malaysia, Nicaragua,Republic of Korea, Senegal, SriLanka, Tanzania, Uruguay,Venezuela, the African RegionalIndustrial Property Organization(ARIPO), the Organisationafricaine de la propriété intellectuelle (OAPI), the Leagueof Arab States, and WIPO.

The broad spectrum of participantsat the meeting provided a forum toidentify needs and debate innovativeapproaches to better exploit thelegal, technical, commercial andeconomic potential of intellectualproperty in each country. The participants analyzed global

and regional policy considerationsrelated to the promotion and protection of intellectual propertyin the new millennium.

They addressed ways to encouragetechnological and industrial development in developing countries through the use of value-added patent information,and to promote the use of moderninformation technologies for theenhancement of intellectual propertymanagement at the national,regional and global levels. They discussed the role of trademark protection and management in the commercialstrategy of enterprises and specialized intellectual propertyservices, and incentives whichcould be provided in promotingsmall and medium-sized enterprisedevelopment and competitiveness.

The conference also addressed theimplications of electronic commerce on intellectual property,and the strategies that could be followed by enterprises in managingintellectual property assets forcommercial exploitation on globalinternational markets.

Several speakers stressed the importance of regional organizations. Participants evaluated the different means ofmultilateral integration, examiningthe approaches taken by ARIPO,OAPI, the Association of SouthEast Asian Nations (ASEAN),the Asia Pacific EconomicCooperation (APEC), the Leagueof Arab States, the CaribbeanCommunity (CARICOM),Mercado Común del Sur (MERCOSUR), the AndeanCommunity and the Central

American Economic IntegrationSystem.

Discussion on the themes presentedat the meeting included the mannerin which small and medium sizedenterprises (SMEs) could use conditions particular to developingcountries to provide them with a comparative advantage. The participants concluded thatthey should encourage in theircountries the development of theirown local brands, and invest in andpromote invention and innovation.They agreed on the need to establish cooperation and linksbetween public and private sectorentities involved in research,especially between industry andacademia.

The discussions also stressed theincreasing importance of intellectual property instituteswhich serve the dual purpose ofprotecting intellectual property and providing strategic informationto guide investment decisions. With effective outreach programs,the intellectual property offices cansensitize enterprises on the importance of intellectual propertyand assist them in forecasting economic trends to help them formtheir own strategies for exploitingtheir intellectual property resources.

On June 23 and 24 a meeting organized by WIPO and InstitutoNacional de Defensa de laCompetencia y de la Protección de la Propiedad Intelectual (INDECOPI), held in Lima, Peru,brought together the heads ofcopyright offices of 19 LatinAmerican Countries.

Mrs. Beatriz Boza Dibós, President,INDECOPI, and Mr. ErnestoRubio, Director, Cooperation forDevelopment Bureau for LatinAmerica and the Caribbean,WIPO, opened the meeting.Representatives from Argentina,Bolivia, Brazil, Chile, Colombia,Costa Rica, Cuba, DominicanRepublic, Ecuador, El Salvador,Guatemala, Honduras, Mexico,Nicaragua, Panama, Paraguay,Peru, Uruguay and Venezuelaattended the meeting.

The participants discussed severalkey topics:

recent developments in copyright and neighboring rightsin Latin America;

membership in internationaltreaties, especially the WIPOCopyright Treaty (WCT) and the WIPO Performances andPhonograms Treaty (WPPT);collective management of copyright;anti-piracy campaigns;organization and automation of copyright offices;the teaching of intellectual property at the university level.

A document prepared by WIPO onits cooperation program in the fieldof copyright and neighboring rightsin Latin America was discussedand revised at the meeting.

The participants identified theirpriorities for areas of future cooperation. For example, the fivecountries in Latin America thathave acceded to the WCT andWPPT, Argentina, Costa Rica,El Salvador, Mexico and Panama,requested cooperation from WIPOfor the implementation of the twotreaties. Representatives from othercountries expressed the need forcontinued cooperation in

Representatives from the regional copyright offices and WIPO officials.Panelists at the international conference in Rio de Janeiro, Brazil.


WIPO organized a regional introductory course on intellectualproperty in cooperation with theOffice of the Registrar of Patents,Trademarks, Designs, andCopyright of the Department ofTrade and Industry, South Africa,from July 17 to 21 in Pretoria.The purpose of this course was toprovide a broad discussion of thebasic concepts under both branchesof intellectual property: industrialproperty and copyright. The coursewas also designed to introduce theparticipants to a variety of issuesof topical interest relevant to theprotection of intellectual propertyin their own countries.

The participants at the course came from Botswana, Ethiopia,Gambia, Ghana, Kenya, Lesotho,Liberia, Malawi, Mauritius,Mozambique, Namibia, Nigeria,Seychelles, Swaziland, Tanzania,Uganda, Zambia, and Zimbabwe. Many local participants comingfrom local industry, law firms and academia also attended.

Mr. McDonald Netshitenzhe,Registrar of Patents, Trademarks,Designs, and Copyright, explainedin his welcoming speech how intellectual property systems aretools for economic development.He emphasized the important rolethat national governments can playin this regard, particularly in

modernizing intellectual propertylaw, in providing assistance with commercialization, and in encouraging inventors.

In his opening address Mr. OctavioEspinosa of WIPO’s sector for theProgressive Development ofInternational Intellectual PropertyLaw noted that a modern and well-functioning intellectual propertysystem is an essential requirementto integrate African countries intothe global economy. He providedinformation on the main international treaties relating tomarks, geographical indications,industrial designs and inventions,including WIPO-administeredtreaties and the Agreement onTrade-Related Aspects ofIntellectual Property Rights(TRIPS).

Further presentations were madeby Mr. Coenraad Visser,from South Africa, Mr. AdebayoOyagbola, from Nigeria,and Mr. Michael Blakeney,from Australia. They highlightedrecent developments in the protection of works by copyright,the new copyright treaties concluded under the aegis ofWIPO, the protection of confidentialinformation, and new areas of study in intellectual property, suchas traditional knowledge andgenetic resources. The speakers

Course on IntellectualProperty in South Africa

WIPO Forum in India


promoting the two treaties andtheir advantages.

The participants all requestedassistance to strengthen theiroffices’ corporate image, structuralfunctions, staff training, and theuse of new information technologies. They agreed thatthey also require further assistancein the enforcement of intellectualproperty rights, as well as in the promotion of protection of intellectual property as a tool of industrial, commercial,and cultural policy.

WIPO prepared two special reportsfor the meeting: The first focusedon the teaching of intellectualproperty at the university level,presenting detailed information onall the professors, researchers anduniversities throughout LatinAmerica where education on intellectual property is available.The second report, on collectivemanagement, outlined the current situation and key organizations in collective management throughout the region,as well as their activities.Representatives of the copyrightoffices stressed their desire to fullydevelop and strengthen collectivemanagement in Latin America.

also emphasized the role of regionalorganizations in Africa, such as theAfrican Regional IndustrialProperty Organization (ARIPO)and the Organisation africaine dela propriété intellectuelle (OAPI).

The participants considered thebenefits and challenges for Africaderiving from recent and futuredevelopments of the intellectualproperty system. Lively discussionsfollowed the presentations on theBanjul and Harare Protocols, thePatent Cooperation Treaty (PCT)and the Trademark Law Treaty(TLT). A special point of interestwas the protection of traditionalknowledge in Africa, includingindigenous medicines, as well asthe access to genetic and biologicalresources, and the protection ofexpressions of folklore.

The WIPO Forum on IntellectualProperty Policy and Strategy in the21st Century was held in NewDelhi, India from July 5 to 7,attracting some 38 senior representatives from 24 countriesof the Asia and Pacific region.Another 250 participants fromaround India attended the forum,which focused on the followingobjectives:

To review policy perspectivesand strategic considerations inthe area of intellectual propertyin the 21st century;To discuss new and emergingglobal intellectual propertyissues including strategic management of intellectualproperty for enhancing competitiveness, particularly in small and medium-sizedenterprises (SMEs);

To review the current status ofthe implementation of theAgreement on Trade-RelatedAspects of Intellectual PropertyRights (TRIPS) and the post-TRIPS scenario;To consider intellectual propertypolicy issues in relation to theprotection of traditional knowledge and electronic commerce;To formulate a coordinatedresponse and plan of action bythe participating countries ofAsia and the Pacific region.

Nine panelists from around theworld were invited by WIPO tocover the topics presented at theforum. The forum was opened byMr. Murasoli Maran, Minister ofCommerce and Industry, India,and WIPO Deputy Director GeneralRoberto Castelo.

WIPO Deputy Director General Roberto Castelo addresses the forum.

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OECD Forum 2000 andKnowledge Fair

WIPO participated as an exhibitorin the Organization for EconomicCooperation and Development(OECD) Knowledge Fair held fromJune 24 to 29 in Paris, France. In addition to general informationabout intellectual property and WIPO activities, the WIPO exhibition stand featured information on the PatentCooperation Treaty (PCT),the WIPO Digital Agenda (e.g. electronic commerce activities,domain name dispute resolutionservices, and promotion of theWIPO Internet Treaties) and theWIPO World Wide Academy.

The OECD organized theKnowledge Fair at the same timeand in the same location as Forum2000, which consisted of a seriesof panel discussions revolvingaround such topics as global trade,sustainable development, electroniccommerce, and changes in theglobal economy. Both events tookplace at the same time as the meeting of the OECD MinisterialCouncil.

The Knowledge Fair’s theme was“Partnership in the New Economy,”meaning partnerships between thepublic and private sectors and civilsociety. The exhibitors ranged from

international organizations to consultancies to private companies.

The fair presented an opportunityfor WIPO’s cooperation with amajor inter-governmental organization, as well as a forum topromote the role of intellectualproperty in economic developmentand cooperation.

WIPO’s stand at the Knowledge Fair.

The forum acknowledged the needfor participating countries to takepart in the international harmonization of intellectual property laws and procedures,including the study of intellectualproperty issues associated withnew and emerging technologies,the digital environment, globalissues and the TRIPS Agreement.The participants also stressed theneed to facilitate and strengthencooperation among the developingand least developed countries inthe Asia-Pacific region, in the areasof protection and the administrationof intellectual property systems.

The forum provided an excellentopportunity for the countries ofAsia and the Pacific region to shareexperiences on intellectual property policy and strategy concerns with representatives ofother regions. At the end of theforum, a unanimously adoptedjoint statement summarized the keypoints and concerns expressed bythe panelists and participants during their presentations and discussions.

The joint statement highlighted:

The critical role of intellectualproperty in the knowledge-basedeconomy, characterized by information and technologicalinnovations.The imperative of balancingexclusive rights of individualswith the public interest and benefits to society.The need to assist developingand least-developed countries inmodernizing their intellectualproperty systems to meetrequirements under the TRIPSAgreement.The need to follow closely thepost-TRIPS scenario, includingsubsequent negotiations.The protection of bio-diversityand traditional knowledge by thesetting-up of TraditionalKnowledge Digital Libraries(TKDLs).The need to encourage innovation and creativity andpromote the sharing of their benefits.

The importance of education,training and awareness programsto stress the importance of intellectual property in everydaylife.The imperative to develop information technology systemsfor developing countries to disseminate intellectual propertyinformation through the internetand WIPONET.The goal of developing simple,cost-effective, and transparentsystems for the enforcement ofintellectual property rights,in coordination with all interestedstake-holders.The need to promote appropriateintellectual property policies andstrategies to enhance the growthand competitiveness of small andmedium-sized enterprises, whileaddressing emerging issues posedby the growth of electronic commerce.

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Calendar of Meetings

September 20 to 22 (Geneva)Program and Budget Committee

The Committee will review and make recommendations tothe Assemblies of the member States of WIPO on policymatters concerning budget surplus, special reserve fundsand other related matters.Invitations: As members, the States members of theProgram and Budget Committee; as observers, other Statesmembers of WIPO.

September 25 to October 3 (Geneva)Assemblies of the member States of WIPO

(Thirty-fifth series of meetings)

Some of the assemblies will meet in extraordinary session,other bodies concerned in ordinary session.Invitations: As members or observers (depending on theassembly), the States members of WIPO; as observers,other States and certain organizations.

October 2 to 13 (Geneva)Committee of Experts of the Nice Union (Special

Union for the International Classification of Goods

and Services for the Purposes of the Registration of

Marks (Eighteenth session)

The Committee of Experts will consider proposals foramendments and other changes to the seventh edition of theInternational Classification of Goods and Services (Nice Classification) in view of the entry into force of theEighth edition on January 1, 2002.Invitations: The States members of the Nice Union and,as observers, the States members of the Paris Union but notmembers of the Nice Union, the African IntellectualProperty Organization, the Benelux Trademark Office andthe Office for Harmonization in the Internal Market (Trade Marks and Designs).

October 9 to 13 (Geneva)Working Group on the Modification of the

Regulations Under the Madrid Agreement and

Protocol (First session)

The Working Group will be presented with proposals forthe modification of the Common Regulations Under theMadrid Agreement Concerning the InternationalRegistration of Marks and the Protocol Relating to thatAgreement, based on experience acquired with the implementation of those treaties, and will be called upon toprepare recommendations for consideration by a future session of the Assembly of the Madrid Union.Invitations: As members, the members of the MadridUnion; as observers, the States members of the Paris Unionthat are not members of the Madrid Union, and certainorganizations.

November 6 and 7 (Geneva)Conference on the Impact of Technology on

International Dispute Resolution

This Conference is co-sponsored by the London Court ofInternational Arbitration (LCIA), the Dispute ResolutionSection of the American Bar Association (ABA) and theSingapore Subordinate Courts. The Conference willexplore e-business models, technical and legal issues surrounding e-business, the use of on-line dispute resolution and technology tools in aid of dispute resolutionsuch as real time transcription services.Invitations: Representatives from both public and privatesectors competent in the field of Alternative DisputeResolution, against payment of a registration fee.

November 6 to 14 (Geneva)Standing Committee on the Law of Patents

(Fourth session)

The Committee will continue its work on further harmonization and other issues relating to patent law.Invitations: As members, the States members of WIPO andother delegations that the Committee has admitted as members; as observers, other States and certain organizations.

December 7 to 20 (Geneva)Diplomatic Conference on the Protection of

Audiovisual Performances

The Diplomatic Conference will negotiate and is expectedto adopt an international instrument on the protection ofaudiovisual performances.Invitations: States members of WIPO, the EuropeanCommunity and, as observers, member States of the UnitedNations which are not members of WIPO, and certain organizations.

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Book Highlights:WIPO Guide to IntellectualProperty Worldwide

The WIPO Guide to IntellectualProperty Worldwide, published inJuly, offers a single-volume reporton the intellectual property situation in the member States that adhere to the Organization’streaties.

The book, the first of its kind published by WIPO, provides individual country profiles thatgive an overview of all aspects ofintellectual property in each country. It includes basic legislation, membership of international treaties (not onlyWIPO treaties, but also,for example, membership of theWorld Trade Organization and theUniversal Copyright Convention),administrative structures,governmental and non-governmentalbodies for information andenforcement, educational institutions teaching the subject,and industrial property statistics.

The WIPO Guide to IntellectualProperty Worldwide has been compiled to help a wide variety ofreaders – officials in national

administrations, legal practitioners,teachers and students, researchers,creators or owners of intellectualproperty, as well as members of thegeneral public. WIPO approachednational intellectual propertyadministrations to assist with theinformation needed, and based thepublication on their responses andon information from its own internal sources.

The Guide covers states at different stages of development,so the amount of information collected varies from country tocountry. If a reader cannot locateinformation they require in theGuide, they will at least find contact addresses for each countryto which they can apply for furtherinformation.

The publication is intended toserve as a basic reference work. It will be updated regularly. It isavailable from WIPO’s Marketingand Distribution Section or electronic bookshop (please seeback page for further information).


The WIPO Magazine is published monthly by the Office of GlobalCommunications and Public Diplomacy,World Intellectual Property Organization(WIPO). It is not an official record and the views expressed in individual articles are not necessarily those of WIPO.

The WIPO Magazine is distributed free of charge.

If you are interested in receiving copies,contact:The Publications OfficerWIPO34, 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 EditorWIPO Magazine (at the above address)

Copyright ©2000 World Intellectual PropertyOrganizationAll rights reserved. Articles contained herein may be reproduced for educational purposes. No part may,however, be reproduced for commercial purposes without theexpress written consent of the Office of GlobalCommunications and Public Diplomacy, World IntellectualProperty Organization, P.O. Box 18, CH-1211 Geneva 20,Switzerland.

The following new products were issued by WIPO:

WIPO Annual Report 1999(French) No. 441(F), (Spanish) No. 441(S) free of charge

WIPO Guide to Intellectual Property World-Wide (English) No. 479(E), 65 Swiss francs

Collection of Papers Presented at the ATRIP Annual Meeting (English) No. 765(E), 30 Swiss francs

International Patent Classification CD 4.1 (IPC Ed. 1-7 English/French,IPC Ed. 4-7 German,IPC Ed. 5-7 Russian/Spanish) No. IPC:CLASS 4.1,150 Swiss francs

Products

WIPO publications may be obtained from the Marketing and Distribution Section:

WIPO

34, chemin des Colombettes

P.O. Box 18 phone: 41 22 338 91 11

CH-1211 Geneva 20 fax: 41 22 740 18 12

Switzerland e-mail: [email protected]

or you can now order online at: www.wipo.int/ebookshop

Orders should indicate: (a) the number or letter code of the publication desired, the language (E for English,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 CreditBank, 1211 Geneva 70, Switzerland.

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