wipo magazine, issue nos. 11-12, 1999 · 2018. 8. 30. · the wipo magazine is distributed free of...

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Experts discuss traditional knowledge and intellectual property 2

WIPO launches electronic bookshop 3

WIPO welcomes new ratifications of the “Internet Treaties” 5

Visits

WIPO Director General visits Japan 6

Lebanese Parliamentarians visit WIPO headquarters for an insight into theOrganization’s work 7

Global Intellectual Property Issues

Fact-finding mission explores traditional knowledge in Bolivia 8

Cooperation for Development

WIPO welcomes launch of post-graduate intellectual property program atUniversity Hassan II 9

Intensive program for customs officials creates core trainers for eleven Asiancountries 10

Highlighting intellectual property issues with the world media 12

Increased cooperation among EAPO member States results in doublingof patent applications 13

Standing Committee on Copyright and Related Rights holds third session 14

Director General appoints Professor Atsain to IAC 16

WIPO Director General takes part in meeting with US President 17

UN libraries working together to cut the cost of informationand improve global accessibility 17

When was chewing gum invented and how would your life be differentwithout inventions? 18

Calendar of meetings 19

Products 20

2WIPO MAGAZINE - NOVEMBER/DECEMBER 1999

In the course of a two-dayRoundtable organized by WIPOon November 1 and 2, traditionalknowledge holders, and repre-sentatives of governments,research institutes, industry andacademia addressed the role ofintellectual property in protectingtraditional knowledge. Some 150participants from all regions of theworld contributed to the success ofthis meeting.

Discussions focused on theintellectual property aspects oftraditional knowledge and, inparticular, the definition, nature,value, ownership, use and protec-tion of traditional knowledge. Asyet, there is no agreed definition oftraditional knowledge, but itincludes traditional medicinal,agricultural and ecologicalknowledge, as well as traditionalmusic, stories and poems, dance,design, and sculpture. Followingan overview of WIPO’s past andfuture activities in the area ofintellectual property and tradi-tional knowledge, a panel ofexperts highlighted the challengesin using existing intellectualproperty protection systems toprotect traditional knowledge. Anumber of non-governmentalorganizations (NGOs) as well as

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representatives of holders oftraditional knowledge underlinedthe need to develop appropriateforms of protection for traditionalknowledge.

Two case studies were presentedby government representativesfrom the Philippines and Peru (seenext page). These examples drewattention to useful lessons andexperiences that had been gainedin implementing systems ofprotection of traditional knowledgeat the national level. A number ofWIPO Member States expressedtheir views on the protection oftraditional knowledge and, in viewof its interdisciplinary nature,underlined the need to coordinate

activities in this area with otherinternational organizations.

Participants agreed that WIPO isan appropriate forum to continueto explore a possible legal frame-work that combines intellectualproperty with the social, culturaland economic aspirations ofholders of traditional knowledge.Such a framework would fullyrecognize the relevance of intellec-tual property protection and thecontribution that the intellectualproperty system may make toprotecting traditional knowledge.

[The program, list of participants andpapers of the Roundtable will shortly beavailable on WIPO’s websitewww.wipo.int.]

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Addressing the role of intellectual property in protecting traditional knowledge (from left)Mr. Bo Hammer Jensen, Principal Patent Counsel, Novo Nordisk, Copenhagen, Denmark,Shri Sundaram Varma, Society for Research and Initiatives for Sustainable Technologiesand Institutions (SRISTI) Ahmedabad, India, Mr. Richard Owens, Director, GlobalIntellectual Property Issues Division, WIPO, and Mr. Shozo Uemura, Deputy DirectorGeneral, WIPO.

The WIPO Magazine is published monthlyby the Office of Global Communicationsand Public Diplomacy, World IntellectualProperty Organization (WIPO). It is not anofficial record and the views expressed inindividual articles are not necessarily thoseof WIPO.

The WIPO Magazine is distributed free ofcharge.

If you are interested in receiving copies,contact:The Publications OfficerWIPO34, chemin des ColombettesP.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 © 1999 World IntellectualProperty Organization

All rights reserved. Articles contained herein may bereproduced for educational purposes. No part may, however,be reproduced for commercial purposes without the expresswritten consent of the Office of Global Communicationsand Public Diplomacy, World Intellectual PropertyOrganization, P.O. Box 18, CH-1211 Geneva 20,Switzerland.


The Philippine Archipelago of morethan 7,000 islands is home to manyindigenous peoples who havenurtured their traditional know-ledge, protecting and passing it onfrom generation to generation.

The recent Indigenous People’sRights Act identifies indigenouspeoples of the Philippines asseparate groupings of individualswho share a common language,homeland, culture and traditionsquite different to those of themajority of Filipinos.

Types of traditional knowledge inthe Philippines include:

� Health care: herbs and ritualsfor preventing and curingailments

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� Agriculture:farming systems ofthe Ifugao andCordillera indig-enous peoplesincluding terracingskills for agricultureand care of theforests to sustainirrigation at highelevation

� Fishing: custom-ary practices suchas mataw fishing,where only mature fish maybe harvested, and traditionalfishing seasons that allow fishstocks to recover

� Mining: for gold and otherminerals accompanied by strict

religious rituals; extraction andprocessing of ores althoughvery basic, are environmen-tally friendly

� Arts and crafts: such aspottery, brassware, woodwork,rattan, body tattooing, andtextile designs

� Music, dance and literature:now better known internation-ally due to tourism, Govern-ment programs and the com-mercial success of traditionalindigenous music

� Architecture: Ifugao architec-ture that is adapted to theenvironment, topography andclimate and is made from localmaterials.

[Information obtained from “Efforts atProtecting Traditional Knowledge: TheExperience of the Philippines”, a paperpresented at the Roundtable by Mr. DavidDaoas, Attorney, Chairperson, NationalCommission on Indigenous Peoples,President’s Office, Manila, Philippines.]

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Since 1996, the Peruvian Government has been working on legislationto protect traditional knowledge. The objective, in 1996, was to createa legal framework that would guarantee a fair and equitable distributionof the benefits of traditional knowledge within, and between, indigenouscommunities. During this process, it became clear that participationwith the indigenous communities in this drafting stage was essential.To this end, the Government organized a series of workshops with theUnited Nations Development Program (UNDP) and the InternationalLabour Organization (ILO) in April and May 1999, as well as a seminarwith WIPO in May 1999. These focused on establishing the viewpoints ofall of the actors affected in some way by traditional knowledge.

The information gathered during these various meetings and workshopsillustrated the need to redefine the objectives of the legislation. It wasevident that a regime that was too protectionist would discourage usersof traditional knowledge from developing it further, whereas a regimethat was too liberal would alienate the indigenous people who wouldsimply feel robbed of their heritage. Work is now under way preparingdraft legislation that will seek to find an equilibrium to benefit all theholders and users of traditional knowledge.

[Information obtained from “The Experience of Peru”, a paper presented at theRoundtable by Mrs. Begoña Venero Aguirre, Head of Patents, National Institute forthe Defense of Competition and Intellectual Property (INDECOPI), Lima, Peru.]

A typical Ifugao house, Kiangan, Luzon, Philippines.

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WIPO tooks its publicationssales into cyberspace in Novem-ber with the launching of anelectronic bookshop. Byclicking http://www.wipo.int/ebookshop clients are trans-ported to a virtual site fromwhich it is possible to select andorder paper versions of booksand periodicals and CD-ROMs.At present, approximately 100publications in a range oflanguages may be ordered fromthe electronic bookshop. Thisbroad selection includes publica-tions in the areas of industrialproperty, copyright and relatedrights, patents, marks, trade(TRIPS), licensing/franchising,industrial designs, and arbitra-tion/mediation. There are also anumber of downloadable, free-of-charge, general informationproducts.

WIPO’s electronic bookshop isequipped with a virtual shoppingcart feature which allowsshoppers to submit orders and topay on-line with a valid creditcard (American Express,MasterCard, Eurocard or Visa).This connection is via a secureserver, using the secure socketlayer (SSL) protocol whichmeans that the information isencrypted as it is transmitted

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over the Internet. Customers whodo not wish to use the SSLconnection, may send their ordersby fax, e-mail or regular mail toWIPO’s Marketing and Distribu-tion Section.

Introduction of the French andSpanish on-line versions ofWIPO’s electronic bookshop isexpected soon. In the meantime,French and Spanish versions ofWIPO publications may beordered via the English electronicbookshop site.

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In November, the Director Generalof WIPO, Dr. Kamil Idris, wel-comed the ratification by Argen-tina and Slovenia of two WIPOtreaties which establish basicstandards of protection for copy-right and related rights on theInternet and other digitalnetworks—the WIPO CopyrightTreaty (WCT) and the WIPOPerformances and PhonogramsTreaty (WPPT). Dr. Idris alsowelcomed the ratification byMexico of the WPPT.

“We are delighted with these newratifications which bring us closerto the entry into force of thesetreaties and the application ofinternational standards to ensurethe protection of intellectualproperty rights in cyberspace,”said Dr. Idris. “These internationaltreaties will help ensure a stableenvironment for exploiting thepotential of the Internet, a globalmedium that presents hugeopportunities for all countries.”

The “Internet Treaties” wereadopted in December 1996. Atpresent, eleven countries (Argen-tina, Belarus, Burkina Faso, ElSalvador, Hungary, Indonesia,Kyrgyzstan, Panama, Republic ofMoldova, Slovenia and the UnitedStates of America) have ratifiedthe WCT and ten countries(Argentina, Belarus, BurkinaFaso, El Salvador, Hungary,Mexico, Panama, Republic ofMoldova, Slovenia and the UnitedStates of America) have ratifiedthe WPPT. At least 30 states mustadhere to each of the treatiesbefore they enter into force. Entry

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The WCT and WPPT, known as the WIPO “Internet Treaties”, adapt thelegal principles underpinning the international protection of copyright andthe rights of performers and phonogram producers into cyberspace andmore particularly, the Internet. In addition, they clarify how national law mustregulate access to and use of creative works which, given the global scopeof the Internet, may be downloaded anywhere in the world at the push of abutton.

into force would herald a new erain the protection of copyright andrelated rights on digital networks.

Dr. Idris underscored the impor-tance of these treaties in light ofthe explosive global growth of theInternet. The Director Generalurged other countries to speed upthe ratification process to ensurerapid entry into force of the WCTand WPPT. “Entry into force ofthese treaties”, he said “will notonly safeguard the interests ofcopyright and related rightsholders, but will also maintain the

integrity of the content appearingon the Internet.”

Argentina’s instruments ofratification were deposited withthe Director General byMr. Alberto J. Dumont, Minister,Deputy Permanent Representative,Permanent Mission of Argentina inGeneva. He was accompanied byMrs. Hilda Retondo, NationalDirector, National Directorate ofCopyright, Buenos Aires andMrs. Marta Gabrieloni, Counselor,Permanent Mission of Argentina inGeneva.

Mr. Alberto J. Dumont, Minister,Deputy Permanent Representative,Permanent Mission of Argentina inGeneva deposits Argentina’sinstruments of ratification to the“Internet Treaties” with the DirectorGeneral.

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The Director General, Dr. KamilIdris, participated in a series ofevents on November 16 organizedby the Government of Japan tocommemorate the 100th anniver-sary of Japan’s accession to theParis Convention for the Protec-tion of Industrial Property.

In the course of his visit to Tokyo,Dr. Idris had an audience withTheir Imperial Highnesses Princeand Princess Hitachi. Also presentwere Mr. Takahiko Kondo,Commissioner, Japanese PatentOffice, Mr. Todd Dickinson,United States Assistant Secretaryof Commerce and Commissionerof Patents and Trademarks, andDr. Ingo Kober, President, Euro-pean Patent Office. Separately, theDirector General met with Mr.Takashi Fukaya, Minister ofInternational Trade and Industryand members of the internationalintellectual property community.

A focal point of these centennialcelebrations was a symposiumentitled “Intellectual PropertyRights - Catalyst of Growth in the21st Century” which was attendedby some 400 participants from

The Paris Convention applies toindustrial property in the widestsense, covering inventions,marks, industrial designs, tradenames and geographicalindications. Concluded in 1883, itis one of the pillars of theinternational intellectual propertysystem setting out minimumstandards of protection forcreators and owners ofintellectual property in the 156states which have signed thetreaty to date.

government, academic, industryand diplomatic circles. In hisopening address, Mr. Kondo,Commissioner of the JapanesePatent Office, stressed the impor-tance of future global patentsystem and the need to enhanceand harmonize patent searchstandards and operations toimprove the efficiency of theseglobal systems.

In his keynote address, Dr. Idriscommended the enormous effortsand achievements of the Japaneseindustrial property community. Henoted that Japan has a long andfruitful record of intellectualproperty protection. Recognizingthe importance and economicvalue of intellectual propertyprotection for both developed anddeveloping countries, Japan hasalso made significant financialdonations to WIPO for thepurposes of development coopera-tion within the Asia and Pacificregion.

The Director General highlightedthe growing importance of intel-lectual property rights, in light ofthe emergence of knowledge and

information based economies. Heunderlined the crucial role of theintellectual property system inconverting information andknowledge into tangible andcommercially valuable assets.

During his visit to Tokyo, Dr. Idrisconferred a WIPO Gold MedalAward on Dr. Akira Aoki, PatentAgent, in recognition of hisoutstanding contribution to thepromotion of internationalcooperation in the field of intellectualproperty and inventive and innovativeactivity.

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A group of Parliamentarians fromthe Republic of Lebanon visitedWIPO headquarters in Genevafrom November 10 to 12 for aseries of in-depth briefings aboutthe work of the Organization andthe importance of intellectualproperty in the 21st century, and todiscuss areas of cooperationbetween WIPO and Lebanon. TheParliamentarians exchanged viewswith WIPO officials about thebenefits of a strong intellectualproperty system and its role inpromoting economic, social, andcultural development.

The Parliamentary delegation washeaded by Mr. Elie Ferzely, Vice-President of the National Assem-bly, and included Mr. ChakerAbou Sleiman, President of theParliament’s Commission ofAdministration and Justice, andCommission members Mr. CamilleZiadé, Mr. Ahmad Fatfat, and Mr.Yassin Jaber, who is also theformer Minister for Economy andTrade. They were accompanied byMrs. Salwa Rahal Al-Faour, Headof the Office of IntellectualProperty Protection, Ministry ofEconomy and Trade, and Mr.Simon Mouawad, AdministrativeSecretary of the Commission ofAdministration and Justice.Ambassador Walid A. Nasr,Lebanon’s Permanent Representa-tive to the UN in Geneva, alsoparticipated in the meetings.

The group met with a number ofWIPO officials to discuss theOrganization’s norm-settingactivities in the progressivedevelopment of intellectual prop-

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erty law, the Cooperation forDevelopment Program, and theservices that WIPO provides to theprivate sector. The visitors also metwith WIPO Director General, Dr.Kamil Idris, who highlighted theneed for countries such as Lebanonto invest in the intellectual propertysystem. This, he pointed out, wouldhelp developing countries secure acompetitive edge in the knowledge-based economies of the 21stcentury.

Dr. Idris said the visit enabledWIPO to provide an insight intothe work of the Organization andits significance to developingcountries. “Today, no one canneglect the critical importance of arobust intellectual property systemin promoting economic, social andcultural development” he said.“We want to work with everysector of society—government,parliament, civil society—toensure that everyone can reap thebenefits of the system”. TheDirector General emphasized that“protection of intellectual propertyis only a means to an end, and notan end in itself. The intellectualproperty system must serve thewider goal of economic, social,and cultural development.”

Lebanon has made great strides inpromoting its intellectual propertyinfrastructure. In March 1999, theLebanese Government adoptedlegislation to strengthen copyrightprotection. It is currently preparinga revision of the law on industrialproperty that will be submitted forapproval in the year 2000.

Lebanon joined the Paris Convention for the Protection of Industrial Propertyin 1924 and the Berne Convention for the Protection of Literary and ArtisticWorks in 1947. These key treaties are the backbone of the internationalintellectual property system. Lebanon is also party to the WIPO Convention(since 1986), Madrid Agreement for the Repression of False or DeceptiveIndications of Source on Goods (since 1924), Nice Agreement (since 1961),and the Rome Convention (since 1997).

Mr. Elie Ferzely, Vice-President of theNational Assembly, Lebanon, (left)discusses the benefits of a strongintellectual property system in promotingeconomic growth with WIPO DirectorGeneral, Dr. Kamil Idris.

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From November 17 to 19, WIPOcarried out a fact-finding missionto Bolivia to discuss the possibilityof using established intellectualproperty rights to protect tradi-tional knowledge and to learnmore about the need for protectionfor the diverse elements that makeup traditional knowledge inBolivia.

During the mission, meetings wereheld with representatives fromindigenous communities such asthe Mallcus of Tiawanaku and theAymaras as well as the Federationof United Indigenous Peoples ofBolivia. Elements of intellectualproperty protection in these verydifferent communities are oftenpart of traditional customs. Insome communities, for example,certain colors belong, by tradition,to a particular family and the useof another family’s color ispenalized by the community.During discussions with theholders of traditional knowledge itbecame clear that they wereconcerned about their vulnerabilityto misappropriation of sacred,indigenous symbols andhandicrafts by private organiza-tions.

Discussions also emphasized theimportance of harnessing availableintellectual property protection toprotect traditional knowledgebefore embarking on a sui generissystem.

The mission also met with govern-ment officials and in particular the

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Institutional Working Group onIntellectual Property that strives toensure compliance with theAgreement on Trade-RelatedAspects of Intellectual PropertyRights (TRIPS Agreement). Thenew Bolivian Patent Law, whichwill provide for the protection oftraditional knowledge, was alsoconsidered. Initiatives aimed atprotecting traditional knowledgewere the subject of much discus-sion, for they often pose difficul-ties in obtaining protection fortraditional knowledge in the form

of rights that depend on novelty asa condition for protection (e.g.patents, industrial designs).

The mission made significantprogress in highlighting availablemeans of offering some protectionto holders of traditional knowledgeand WIPO will continue to assistBolivia in identifying how theexisting intellectual propertysystem can help protect traditionalknowledge.

Aymaras Shamans performing a ritual ceremony to the pachamama (the mother land)to promote a positive outcome to discussions with the WIPO Delegation in theCancilleria, the Ministry of Foreign Affairs, Bolivia.

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The World Intellectual PropertyOrganization welcomed the launchof a post-graduate teachingprogram on intellectual property atthe University Hassan II inCasablanca, Morocco. Theprogram was inaugurated onOctober 20 at a ceremony inCasablanca attended by WIPODeputy Director General, Mr.Roberto Castelo, and seniorMoroccan officials.

“After intense cooperationbetween WIPO and the UniversityHassan II and months of prepara-tion, we are very pleased to see theimplementation of this program”Mr. Castelo said. “The importanceof teaching intellectual property tolaw students at a time whenintellectual property assets aredefining the economic and culturalwealth of nations cannot be over-emphasized.” Mr. Castelo, whoheads WIPO’s Cooperation forDevelopment Program, alsocommended the University forintroducing this program andthereby recognizing the signifi-cance of teaching intellectualproperty at a post-graduate level.

In the first such collaboration withan Arab university, WIPO pro-vided support to the University inputting in place a two-yearprogram that would lead to a post-graduate degree in intellectualproperty law (Diplôme d’étudessupérieures spécialisées depropriété intellectuelle). WIPOtrained three professors from theUniversity in academic institutions

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in France and the United States ofAmerica. The professors alsoparticipated in seminars organizedby WIPO. Moreover, WIPOprovided computer hardware andsoftware for research purposes.During the course of the programWIPO will also send experts tolecture on specific topics ofintellectual property.

The two-year curriculum coversboth industrial property andcopyright. Demand for the inaugu-ral program was high. Of 120candidates, only 30 were chosenthrough competition and juryselection.

University Hassan II has desig-nated one of the three law profes-sors who are specialized inintellectual property teaching toparticipate in WIPO’s distancelearning program. The professor isdesignated to teach students inother countries of the worldthrough the on-line programmanaged by WIPO.

Mr. Castelo also announced thatWIPO will donate a video-conferencing facility to theUniversity to facilitate distance-learning initiatives and exchangeswith other academic institutions.

Mr. Ahmed Mikou, Head of the department ofspecialized studies in intellectual property (left)and Mr. El Bechir Kouhlani, Dean of theUniversity.


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In Geneva the participantsfocused on the work of WIPOincluding:

� WIPO’s Cooperation forDevelopment Program

� a general overview ofindustrial property andcopyright and related rights

� a special presentation by theWIPO Academy on theenforcement of intellectualproperty rights

� the key elements of the“Banderole” system and afeasibility study carried out atthe request of countries fromLatin America and theCaribbean.

Participants also made two fieldtrips. The first was to theheadquarters of the World TradeOrganization (WTO) where theydiscussed compliance by WTOmember States with obligationsunder the Agreement on Trade-Related Aspects of IntellectualProperty Rights (TRIPS Agree-ment) as well as the provisions

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To develop a core group of trainers in the effective enforcementof intellectual property rights, WIPO invited eleven seniorcustoms officials from Asian countries to an intensive orientationand study program. The ultimate objective of the program is toprovide customs authorities in the region with fully-briefedtrainers who will in turn train their colleagues and subordinates.This practical orientation and study program gathered together arich variety of experts and approaches to enforcement issues andtook the participants from Geneva, to Washington, D.C., andfinally to London from September 29 to October 12.

of the Agreement relating toenforcement of intellectualproperty rights. The second tripwas to the World Customs Organi-zation and included a presentationof their model legislation devel-oped to complement the enforce-ment requirements of the TRIPSAgreement.

The city of Geneva with WIPO headquarters in the foreground.

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The Washington phase of theprogram began at the UnitedStates Patent and TrademarkOffice (USPTO) with an overviewof enforcement issues currentlybeing addressed. This was fol-lowed by a presentation of countryreports by each participant,including measures taken by theirrespective administrations tocomply with the TRIPS Agreement.

The participants also heardpresentations on:

� work by the Canadian Customsand Trade Administration andthe differences in the rolesplayed by Canada and theUnited States customs inimplementing obligations underthe TRIPS Agreement

� procedures to be followed bythe Department of Justice andthe courts when dealing withintellectual property cases

� work carried out by thecustoms laboratory inNewington, Virginia, toanalyze agricultural productsof uncertain geographicalorigin and other items thatappear to be counterfeit

� intellectual property databasesused at border controls todetect counterfeit trademarks

� Internet piracy and howinternet service providers(ISPs) in the United States cannow be required to removeinfringing material from theirsites.

Participants then began intensivework on “fact pattern scenarios”whereby they were presented withfictitious situations, including theimportation of infringing goods,

and discussed various ways ofresolving the case. The fact patternscenario was then addressed in thelight of obligations under the TRIPSAgreement to highlight the changesneeded in a customs officer’sapproach.

The program in Washington closedwith a one-day visit to the USCustoms Port which includedpresentations on ways of detectingand seizing counterfeit items and theuse of modern databases to checkinfringing items.

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The program in London com-menced at H.M. Customs andExcise, the oldest department inthe Government dating back morethan 200 years. This phase of theprogram continued with presenta-tions on:

� current European Unionlegislation that complies withthe provisions of the TRIPSAgreement

� work carried out by the ValueAdded Tax Intelligence andResearch Team.

The program concluded with afield trip to the Port of Doverwhich handles two million vehi-cles and earns around£500,000,000 annually in revenue.The visit included live cases inwhich databases were accessed tocheck the origin of items arrivingat the docks. During this trip thegroup also heard from intellectualproperty rights owners whostressed the importance of closecommunication with customsofficials in preventing infringinggoods from entering the country.

The Washington phase of the program finished with a trip to the Port of Baltimore andan overview of the work of US customs in the detention and seizure of counterfeit goods.

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A customs officer inspects a hogsheadof Spanish sherry in the vaults of thePort of London’s bonded warehouses,December 1960.

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An enthusiastic group of twentyjournalists from developingcountries visited WIPO headquar-ters in Geneva from November 22to 25 for a seminar to highlight thegrowing importance of intellectualproperty, and its role in promotingeconomic, social, and culturaldevelopment.

Opening the seminar, DeputyDirector General Mr. RobertoCastelo, emphasized the pivotalrole the press plays in explainingto the general public the growingimportance of intellectual propertyprotection with the emergence ofknowledge-based economies. Hedescribed the seminar as animportant step forward in imple-menting the Organization’s publicoutreach initiative. “Journalistshave a key role to play,” he said.“Today, intellectual propertyassets are defining the wealth ofnations. The subject of intellectualproperty is no longer confined to anarrow elite of inventors, lawyersand technocrats. Society as awhole is divided into users,consumers and owners of intellec-tual property assets. Intellectualproperty is of concern to everyone,but not everyone is aware of theimportance of the intellectualproperty system and its cruciallink to economic, social andcultural prosperity,” Mr. Castelonoted that “the press is one of ourmost important partners in demys-tifying intellectual property and indisseminating this information tothe general public who are themain benefactors of the system.”

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During the seminar, the journalistsmet with experts in the fields ofboth copyright and industrialproperty, as well as specialists inemerging intellectual propertyissues pertinent to traditionalknowledge, folklore, biotechnol-ogy, and electronic commerce.

The seminar concluded with fieldvisits to the Swiss Federal Instituteof Intellectual Property in Berne—where the journalists listened topresentations by experts ontrademark registration, patentprotection, and the Swiss copy-right system—and to a majormulti-national company wherepresentations included:

� branding policy from a market-ing perspective

� the financial significance oftrademarks to the company.

The field visits provided anopportunity for the journalists togain first-hand experience of thecommercial importance of intellec-tual property and to see in practicewhat they had heard about intheory during their stay at WIPO.

Twenty journalists from developing countries discuss the growing importance ofintellectual property and its role in promoting economic, social, and culturaldevelopment with intellectual property experts at WIPO.

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Participating journalists camefrom Brazil, China, Colombia,Côte d’Ivoire, Ecuador, Egypt,India, Jordan, Lebanon, Nigeria,Peru, Singapore, South Africa,Sri Lanka, Thailand, Trinidadand Tobago, Tunisia, andZambia.


From November 3 to 4, WIPOparticipated as an observer at theeighth session of the annualmeeting of the AdministrativeCouncil of the Eurasian PatentOrganization (EAPO) in Cholpon-Ata, Kyrgyzstan.

The session commenced withapproval of the EAPO programand budget for 2000 and theactivity report for 1998. TheEAPO is making steady progresswith increasing numbers ofapplications for patents. Com-pared with 1997, the number ofEurasian applications has morethan doubled, rising from 458 to1,095. Most of these were filedunder the Patent CooperationTreaty. In addition, the number ofapplications filed by EAPOmember States more than doubledto 80 applications with the largestnumber coming from the RussianFederation.

The Administrative Council iscomposed of representatives of allmember States; it is the governing

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body of EAPO. During thesession the Council unanimouslydecided to file a declaration underthe Budapest Treaty on theInternational Recognition of theDeposit of Microorganisms for thePurposes of Patent Procedure,accepting the provisions of thetreaty and regulations.

Next year EAPO will celebrate itsfifth anniversary with a jointWIPO-EAPO-EPO international

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The objectives of EAPO are to strengthen cooperation among its memberStates in the field of the protection of inventions and to establish a regionalsystem for obtaining protection on the basis of a common patent grantedfor the territory of all member States. EAPO was established by theEurasian Patent Convention, which had been prepared with theassistance and advice of WIPO and was signed at Moscow onSeptember 9, 1994, by the Governments of 10 states party to the ParisConvention for the Protection of Industrial Property and to the PatentCooperation Treaty (PCT) (Armenia, Azerbaijan, Belarus, Georgia,Kazakhstan, Kyrgyzstan, Republic of Moldova, Russian Federation,Tajikistan, and Ukraine).

conference on the role of regionalpatent organizations and thecreation of a global system for theprotection of industrial property.

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WIPO MAGAZINE - NOVEMBER/DECEMBER 1999

Representatives from some 80member States of WIPO met fromNovember 16 to 20 to discussissues relating to copyright andrelated rights. At this third sessionof the Standing Committee onCopyright and Related Rights(SCCR), delegates looked at threeissues in particular, namely,

� protection of audiovisualperformances

� protection of databases� protection of the rights of

broadcasting organizations.

Nine intergovernmental and 44non-governmental organizationsalso participated in the discus-sions.

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Current discussions in the contextof the SCCR focus on the need toestablish an international instru-ment to protect audiovisualperformances. The WIPO Per-formances and Phonograms Treaty(WPPT), concluded in December1996, updates and harmonizes theregulatory environment for theprotection of performers only insound performances and notaudiovisual performances.

Among the issues examined in thiscontext were contractual arrange-ments involving the transfer ofrights from performers to produc-ers of audiovisual works, andrights of broadcasting and commu-nication to the public. Althoughthere was no convergence of viewson these questions, the Committee

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decided to hold a series of meet-ings in the first half of 2000 todiscuss remaining issues and toassess the progress of work. Adecision would then be taken in2000 regarding the organization ofa diplomatic conference to con-sider an international instrumenton the protection of audiovisualperformances.

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Negotiators expressed a range ofviews and underlined the impor-tance of obtaining more detailedand comprehensive documentationon the economic implications ofgranting more than existingnormal copyright protection todatabases, particularly in relationto developing countries andcountries in transition to a marketeconomy.

The advent of digital technologiesmeans that it is possible toreproduce and distribute informa-tion such as that stored withincomputerized databases quickly,easily, at low cost and with highquality. The debate on the subjectof broader international protectionfor databases centers on two mainconcerns. On the one hand, undercurrent arrangements, databasesenjoy protection from unauthor-ized usage only if they are deemedto constitute intellectual creations,for example, if the databaseconstitutes an original arrange-ment of material. This means thatmany databases, such as telephonedirectories or meteorologicaldatabases, which are costly toproduce, do not qualify as originalintellectual creations and are notprotected under existing interna-tional copyright law. On the otherhand, many countries are con-cerned about the impact that

The Standing Committee unanimously re-electedMr. Jukka Liedes of Finland (left) as Chairman.


protection of such databases willhave on the flow of informationand access to educational andscientific data in the public domainas well as broader economicimplications, particularly in thecontext of developing and leastdeveloped countries.

Further discussions will be held onthis subject at future sessions ofthe Standing Committee.

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At the second session of the SCCRin May 1999, members of theCommittee reaffirmed theirgeneral willingness to update theexisting rights of broadcastingorganizations. Existing rights areprovided for in the Rome Conven-tion for the Protection of Perform-ers, Producers of Phonograms andBroadcasting Organisations of1961. Given the rapidly develop-ing technological environment inwhich broadcasting organizations

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The SCCR was established in 1998 to examine matters of substantive lawand the harmonization of standards in the field of copyright and relatedrights. The work of the Standing Committee is designed to ensure thatexisting international standards of protection are updated and enhanced andthat new standards are introduced as necessary.

The main and most important steps towards establishing minimumstandards of copyright protection within the digital environment were taken in1996 with the conclusion of the WIPO Copyright Treaty (WCT) and theWIPO Performances and Phonograms Treaty (WPPT). These treatiescontain a general update of the legal principles underpinning internationalprotection of copyright and the rights of performers and phonogramproducers in cyberspace. They also clarify that national law must preventunauthorized access to and use of creative works which, given the globalreach of the Internet, may be distributed, accessed and reproducedanywhere in the world at the push of a button.

At present, twelve countries have adhered to the WCT and eleven countriesto the WPPT. At least 30 states must adhere to each of the treaties before itenters into force. This would herald a new era in the protection of copyrightand related rights on digital networks.

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operate, there is growing consen-sus that it is necessary to updateand enhance international protec-tion for these organizations. Theneed to address this issue is furtherunderlined by the fact that suchprotection is not provided for inthe WPPT.

During the current session,discussion of this matter focusedon the scope of a new instrument,the definition of the notion ofbroadcasting, the object ofprotection and categories oforganizations to be protected,taking into account the technologi-cal developments in the field ofcommunication. Talks also coveredthe scope of rights, includinglimitations, terms of protection,obligations concerning technologi-cal measures, rights managementand information. The Committeewill continue these talks at futuresessions.


The Director General of WIPO,Dr. Kamil Idris, has appointedDr. Achi Atsain, distinguishedProfessor of Economics at theUniversity of Abidjan and formerCabinet Minister of the Côted’Ivoire, to the Industry AdvisoryCommission (IAC). ProfessorAtsain joins a prestigious group ofbusiness leaders on the IAC,which advises the DirectorGeneral on intellectual propertyquestions of specific interest toindustry.

Dr. Idris praised ProfessorAtsain’s eminent career in theservice of his country, his broadinternational experience, and hisimpeccable academic credentials.“We are pleased and honored thatProfessor Atsain has accepted ourinvitation to become a member ofthe Industry Advisory Commis-sion. His extensive background in

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The establishment of the IAC in 1998 marked the beginning of a new partnership between WIPO and theprivate sector. The Commission, which brings together, in bi-annual meetings, some 20 representatives ofindustry and academia, is of crucial importance to WIPO in view of the fact that industry benefits mostdirectly from intellectual property protection. In addition, the challenges that industry faces due toglobalization and rapid developments in technology directly affect and are affected by intellectual property.At its inaugural meeting earlier this year, Dr. Idris said the establishment of the IAC marked “an historic shiftin the policy of this Organization and in the vision which we would like to have for this universal body”. Hesaid the Commission will “ensure that, in particular, our norm-setting activities and the global protectionsystems will meet with the interests and needs of your respective institutions, industry and the market sectorinterests”. The IAC provides a forum for industry leaders to exchange views with WIPO.

Dr. Achi Atsain, Professor ofEconomics, University of Abidjan isappointed to the Industry AdvisoryCommission.

finance and economics and hisbroad international experience willbe an asset to the work of theCommission” Dr. Idris said.

In appointing members to the IAC,Dr. Idris has sought to ensure abalance in geographical distribu-tion, as well as diversity inprofessional and academicbackgrounds. Professor Atsainbrings to the Commission a broadrange of experiences. His presentposition is Special Advisor in theOffice of the President of the Côted’Ivoire; he is also a member ofthe National Assembly. FromDecember 1993 to August 1999,he served as Minister of Employ-ment, Civil Service and SocialWelfare. Professor Atsain alsoteaches economics at the Univer-sity of Abidjan and has authoredand contributed to over 30 worksrelating to various aspects ofeconomic development. SeveralUnited Nations agencies, as wellas the World Bank, have benefitedfrom the Ivorian economist’sexpertise.


Broader grass roots participationin matters relating to interna-tional trade topped the agenda ofa meeting convened by USPresident Bill Clinton for headsof international organizations onDecember 1 in Seattle, Washing-ton. The Director General ofWIPO, Dr. Kamil Idris, whotook part in the meeting, wel-comed the initiative and under-lined the need to reach out to thegeneral public to demystify theissues covered by the UnitedNations, its specialized agen-cies, and other internationalbodies.

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At the meeting, called by PresidentClinton on the sidelines of theWorld Trade Organization (WTO)Ministerial Conference, Dr. Idrisjoined his counterparts in explor-ing how the international commu-nity can help ordinary citizens takeadvantage of the economicbenefits of global free trade andinvestment.

The Director General shared hisviews on capacity building indeveloping countries for thepromotion of creativity and the useof intellectual property for social,economic and cultural develop-

ment. Dr. Idris also providedinformation on WIPO’s technicalassistance activities withdeveloping countries. Theseinclude providing countries withthe necessary training and legaland technical advice, amongother things, to assist them inrealizing the inventive andcreative potential of their people.

Librarians from 28 United Nationsprograms and agencies, includingWIPO, met in New York inSeptember for the first meeting ofthe United Nations SystemConsortium, led by the DagHammarskjöld Library, to exam-ine cost savings and efficienciesthrough joint subscriptions toelectronic information accessiblevia the Internet.

Historically, agencies throughoutthe United Nations system inde-pendently acquired the information

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resources necessary to fulfil theirmandates. Over the past few years,a significant increase in theamount of electronic informationdelivered via the Internet has madeit possible to attempt a system-wide sharing of information ofcommon interest. The Consortiumhas worked to ensure a dramaticincrease in the availability ofelectronic information productsand services for member States,UN system staff and clients of UNsystem libraries. The benefitsinclude volume driven discounts,

timely delivery of critical informa-tion, and 7-day, 24-hour accessi-bility to that information, regard-less of geographical location.

Electronic information servicesavailable via the UN SystemConsortium include the EconomistIntelligence Unit Viewswire andCountry Data, NewsEdge andReuters, Janes On-line, ProQuestDirect, Oxford Analytica andLexis-Nexis.


These were two of thequestions to which agroup of students fromthe International Schoolof Geneva soughtanswers at WIPO’sexhibition “At Homewith Invention”. Thegroup of young studentsreceived a guided touraround this, WIPO’ssecond exhibition, thathas attracted manyinternational visitorssince it was opened inMay 1999.

The exhibition followsthe layout of a tradi-tional home with aliving area, bedroom,and kitchen, and special care hasbeen taken to highlight theintellectual property rights in the

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items that fill this inventive home.Some of these, such as the latestmultimedia computer, semi-

Special care has been taken to highlight the intellectual propertyrights in the objects that fill this inventive home.

transparent CD-ROMplayer and a brightlycolored vacuum cleanerare clearly innovativebut the exhibition alsohighlights simpleinventions like thepaper-clip, ring-pull canand collapsible waterbottle. The items that fillthis home have all beenthe object of a patent,trademark or industrialdesign application, orcopyright protection.

The run of this popularexhibition has beenextended to spring 2000.To see the exhibition,come to the WIPO

Information Center, 34, chemin desColombettes, Geneva,Monday to Friday: 9.30-17.00

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The following new products were issued by WIPO:

� Set of 3 WIPO posters (Arabic) No. TRIPOST/A, (Chinese) No. TRIPOST/C, (English) No. TRIPOST/E,(French) TRIPOST/F, (Russian) No. TRIPOST/R, (Spanish) No. TRIPOST/S, 25 Swiss francs each

� What is Copyright ? (Chinese) No. L450CR/C, Free� What is an Industrial Design ? (Chinese) No. L450ID/C, Free� What is a Patent ? (Chinese) No. L450PA/C, Free� What is a Trademark ? (Chinese) No. L450TM/C, Free� FAQs (Chinese), No. L450FQ/C, Free

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

WIPO34, chemin des ColombettesP.O. Box 18 phone: 41 22 338 91 11CH-1211 Geneva 20 fax: 41 22 740 18 12Switzerland e-mail: [email protected]

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, atthe Swiss Credit Bank, 1211 Geneva 70, Switzerland.

wipo magazine, issue nos. 11-12, 1999 · 2018. 8. 30. · the wipo magazine is distributed free of...

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