WORLD INTELLECTUAL PROPERTY ORGANIZATION

2007 AN OVERVIEW
2007 edition
1007E-Overview 29.11.2007 15:50 Page 2

CONTENTS

2 INTRODUCING WIPO

8 P R O M O T I N G U N D E R S TA N D I N G O F I P A N D R E A L I Z I N G I T S D E V E L O P M E N T P O T E N T I A L

18 T E C H N I C A L A S S I S TA N C E A N D C A PA C I T Y- B U I L D I N G

26 D E V E L O P I N G I P L AW

32 D E L I V E R I N G G L O B A L I P S E RV I C E S

40 MANAGEMENT AND FINANCE

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PREFACE
Intellectual property is a multi-faceted subject; and the World Intellectual Property Organization (WIPO),
as these pages show, is a multi-faceted organization. Among the United Nations family of organizations,
WIPO is unusual for the breadth and diversity of its functions. These range from providing a forum
for Member States to negotiate international intellectual property treaties and standards, to assisting
governments in using intellectual property as part of their development strategies; from providing
education and skills training on all levels, to delivering commercial intellectual property services to the private sector.
Indeed, WIPO is the only UN organization to be largely funded by revenue from the services which it provides.

WIPO’s constituency is wide. Ensuring maximum inclusion of all our stakeholders in our work is fundamental to
everything we do. If the intellectual property system is to be truly effective in promoting creativity and innovation,
we must make it accessible to all who wish to use it. If it is to be truly democratic, we must ensure a forum for
all who wish to be heard in the debates on its future development.

This WIPO Overview explains in simple terms how WIPO works, and how it carries out its mission of promoting
a balanced intellectual property system. The Overview streamlines and improves the accessibility of two of our
key public information publications, by combining into a single publication the former General Information Brochure
and the Annual Report. While far from exhaustive, the booklet includes recent highlights and examples which
illustrate the range of WIPO’s activities and achievements. These will be updated in a new edition each year.

As the intellectual property arena evolves, so does WIPO. I invite all our friends and stakeholders to follow that
evolution in these pages

Kamil Idris
Director General
WIPO
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INTRODUCING WIPO
Intellectual property (IP), once seen as an technical
matter for legal experts, has today become a
central concern for governments, for businesses,
for civil society, for scientists and for individual
creators. In a world where the economic growth
of nations is driven increasingly by the creativity
and knowledge of their people, effective IP
systems – which create incentives for innovation
and structures for sharing the results – are key
to unlocking this human potential.

WIPO’s headquarters in
Geneva house the staff of
the secretariat, employed to
carry out the wide range of
tasks mandated by WIPO’s
184 Member States

Encouraging
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As awareness of the importance of the IP system has increased, so too has debate as to how it should be
applied and regulated. Challenges facing policy makers today include establishing the right levels of
protection in international agreements, so as to ensure that IP serves to bridge rather than widen the divide
between developed and developing countries. Of equal importance is striking an optimum balance between
the rights of IP-owners and the public interest in accessing new technology and creations.

The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations, located in
Geneva, Switzerland. It is dedicated to developing a balanced and accessible international IP system, which
rewards creativity, stimulates innovation and contributes to the economic, social and cultural development
of all countries, while safeguarding the public interest.

CORE TASKS

WIPO carries out a wide variety of tasks related to the protection of IP rights. These include assisting
governments and organizations to develop the policies, structures and skills needed to harness the potential
of IP for economic development; working with Member States to develop international IP law; administering
treaties; running global registration systems for trademarks, industrial designs and appellations of origin and
a filing system for patents; delivering dispute resolution services; and providing a forum for informed debate
and for the exchange of expertise.

Rapid technological change, combined with intensified international debate about IP, has greatly increased
the scope, significance and scrutiny of WIPO’s work. In rising to meet the new challenges, WIPO aims for
transparency and inclusiveness, encouraging all stakeholders to participate in the international dialogue.

This booklet describes WIPO’s main areas of activity, grouped broadly according to the five strategic goals of
the Organization, and provides examples of recent highlights and results in each area.

creativity and innovation

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What is IP?
Intellectual property refers to the creations of the mind

Photos.com
Intellectual property is divided into two categories:
Industrial property includes patents for inventions, trademarks, industrial designs and geographical
indications.
Copyright and related rights cover literary and artistic expressions (e.g. books, films, music, architecture,
art), plus the rights of performing artists in their performances, producers of phonograms in their
recordings, and broadcasters in their radio and television broadcasts.

Intellectual property rights allow the creator – or the owner of a patent, trademark, or copyright – to benefit from
his or her own work or investment in a creation.

HOW WIPO WORKS

WIPO was established in 1970, following the entry into force of the 1967 WIPO Convention, with a mandate
from its Member States to promote the protection of IP throughout the world, through cooperation among
states and in collaboration with other international organizations.

WIPO’s Member States determine the strategic direction and approve the activities of the Organization.
Delegates from the Member States meet in the Assemblies, committees and working groups. The main
decision-making bodies of the Member States are: The WIPO General Assembly; the WIPO Conference; the
WIPO Coordination Committee; and the Assemblies of the Member States of each of the Unions, (e.g. the
PCT Union Assembly; the Madrid Union Assembly etc.). Over 250 non-governmental organizations and
intergovernmental organizations are accredited as observers at WIPO meetings.

WIPO’s mission to promote the effective use and protection of IP worldwide is translated into strategic
goals, and into the programs and activities through which WIPO works to achieve these goals. These are
detailed in the biennial Program and Budget document, approved by the Member States.
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The strategic goals defined in WIPO’s 2008-2009 draft Program and Budget document are:

Promoting a balanced IP system Progressive development of Greater efficiency of

and realizing its development international IP law; management and support
potential; Delivery of quality services in processes.
Strengthening IP infrastructure, global IP protection systems;
institutions and human resources;

The WIPO secretariat is based in Geneva. The staff of the secretariat, drawn from more than 90 countries,
includes experts in all fields of IP law and practice, as well as specialists in, for example, public policy,
economics, administration, and information technology. The respective divisions of the secretariat are
responsible for coordinating the meetings of Member States and implementing their decisions; for
administering the international registration systems; for developing and executing the programs designed to
achieve WIPO’s goals; and for providing a repository of IP expertise to assist its members.

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HOW WIPO BEGAN

The need for a system to protect IP internationally became evident when foreign
exhibitors refused to attend the International Exhibition of Inventions in Vienna in 1873
because they were afraid that their ideas would be stolen and exploited commercially
in other countries.

The 1883 Paris Convention for the Protection of Industrial Property was the first
major international treaty designed to help the people of one country obtain protection
in other countries for their intellectual creations, in the form of industrial property
rights. The Paris Convention entered into force in 1884 with 14 Member States.

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In 1886, copyright entered the international arena with the Berne Convention for
the Protection of Literary and Artistic Works. The aim of this Convention was to
help nationals of its Member States obtain international protection of their right to
control, and receive payment for, the use of literary and artistic works.

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Both the Paris Convention and the Berne Convention set up International Bureaus to
carry out administrative tasks, such as organizing meetings of the Member States.
In 1893, these two small bureaus united to form an international organization called
the United International Bureaus for the Protection of Intellectual Property – best
known by its French acronym, BIRPI. Based in Berne, Switzerland, with a staff of
seven, BIRPI was the predecessor of the WIPO of today.

In 1960, BIRPI moved to Geneva to be closer to the United Nations (UN) and other

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international organizations. In 1970, following the entry into force of the Convention
Establishing the World Intellectual Property Organization, BIRPI became WIPO,
undergoing structural and administrative reforms and acquiring a secretariat
answerable to the Member States. In 1974, WIPO became a specialized agency of the
UN, with a mandate to administer IP matters recognized by the UN Member States.

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W I P O, W TO A N D T R I P S

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The World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS
Agreement), which came into force in 1995, brought with it a new era in the multilateral protection and
enforcement of IP rights. Provisions in the TRIPS Agreement concerning copyright and related rights, patents,
trademarks, geographical indications, industrial designs, and layout designs of integrated circuits, directly
complement the international treaties administered by the WIPO secretariat.

An Agreement between WIPO and the WTO since 1996 provides for cooperation concerning the implementation
of the TRIPS Agreement, such as notification of laws and regulations, and legislative assistance to member
countries. Assistance continues to be provided to many developing countries, with a special focus on those least
developed countries (LDCs) which need to meet their TRIPS obligations by 2013.
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PROMOTING
UNDERSTANDING OF IP
AND REALIZING ITS
DEVELOPMENT POTENTIAL
While IP is no longer the obscure subject it was once considered,
practical understanding of its use, impact and relevance remains
uneven. Countries or enterprises that are not yet capitalizing on
their intellectual potential are trailing behind, while those that do
are soaring ahead in the global market-place. Moreover, for policy
makers as well as for the public, separating facts from polemics –
which too often color the presentation of IP – is not always easy.

WIPO reaches
out to diverse
audiences.
1007E-Overview 29.11.2007 15:50 Page 9

The goal of communicating a better understanding of IP underpins a wide range of WIPO’s program
activities, from promoting the strategic use of IP for development, to enhancing understanding among
policy makers of the need to incorporate IP in public policies. Promoting the development of balanced IP
policies that take into account the needs and interests of all stakeholders is a key challenge.

PUBLIC OUTREACH AND COMMUNICATION

The more widely IP is understood by different sectors of society, the more effectively it can be used to
contribute to economic and cultural prosperity. For this reason, public outreach activities, which aim to
increase awareness of how IP works, have become a priority for many Member States.

Outreach, communication, and the sharing of knowledge are an essential element of every area of WIPO’s
work. WIPO produces a wide variety of information materials to cater to the general public, while also
tailoring many outreach activities to the needs of specific target audiences, such as small businesses, artists,
research institutions and young people. To reach this diverse public, WIPO uses diverse means, from the
web, film and television, to publicity events, seminars and written publications. Cooperative projects with
Member States and stakeholder organizations are key to extending this reach and ensuring that messages
and materials are adapted to suit audiences in different cultures across the world.

Heightened public interest in topical issues – such as copyright in the digital environment, efforts to reform
the international patent system, and the impact of IP on development – has led to broader press coverage
of WIPO’s role. By working with the international news media, WIPO helps to disseminate factual information
on new developments and to encourage accurate, objective coverage of IP issues.

World Intellectual Property Day, April

26. Each year, Member States and
organizations stage events to raise
public awareness of how IP helps
foster creativity and technological
innovation.

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2006-2007WIPO revamped and restructured

its website in 2006, and
continues to add new content.
Improved navigational features –
The web-based WIPO Outreach
Guides were created to provide
governments and organizations
with a step-by-step guide for
2006. A media seminar for
journalists helped to explain key
topics and information sources.
The WIPO Awards program
including “Gateway” pages for planning outreach campaigns. distributed over 150 awards in
copyright, patents, trademarks, WIPO distributed some 185,000 2006 to publicize the
designs, and geographical information products free-of- achievements of inventors and
indications – facilitate public charge in 2006, plus approximately creators and their contribution to
access to the wealth of 21,000 sold publications. society. Among the many notable
information resources. Circulation of the new-look WIPO 2007 award-winners were a team
A new webcasting area was Magazine grew by 14 percent, of Cuban researchers for their
launched on the website to show with subscribers in over 120 invention of Surfacen, used to
WIPO’s outreach films. The latest countries. An online html version prevent deaths from infant
film products in WIPO’s creativity was created to extend its reach. respiratory distress syndrome in
and copyright series include A 20 percent increase in the premature babies.
profiles of the music and film number of WIPO press list
industries in Kenya and Nigeria. subscribers which regularly
reported on IP was recorded in

Talking Copyright, The Arts and Copyright, “The WIPO Magazine

a short WIPO film, the second in the series helps us get a better
captures the sounds of WIPO’s popular understanding of trends
and colors of the “Learn from the Past, in intellectual property
Kenyan music scene Create the Future” in the world, and lets us
and listens to the artists’ publications for step forward with
views on what copyright classroom use, was confidence.” –
means to them. published in 2007. Hyon Chun Hwa,
Director of the
Taedonggang Patent
and Trademark Law
Office, DPR Korea.

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PROMOTING THE STRATEGIC USE OF IP FOR DEVELOPMENT

Discussions on a WIPO Development Agenda continued through 2006 and 2007 in the Provisional
Committee on Proposals Related to a WIPO Development Agenda (PCDA), with the aim of ensuring that
development considerations form an integral part of all areas of WIPO’s work.

WIPO’s Office for Strategic Use of IP for Development, established in 2005, seeks to enhance the capacity of
countries to realize the development potential of the IP system. Activities, which are targeted both at policy
makers and at users of the IP system, focus on the following key areas:

Economic analysis. Policy makers need empirical evidence of how different IP strategies can affect innovation
and GDP growth. WIPO is helping to address the lack of reliable economic research on IP by developing
methodologies and commissioning economic studies to assist policy makers in their decision-making.

Creative industries. The music, film, publishing and other cultural industries, which are largely built on
copyright protection, are major drivers in the knowledge economy. WIPO engages with stakeholders,

FLOURISHING FILM

Copyright-based industries, such as film, can contribute significantly to a country’s economic

Courtesy: Kaleidoscope Entertainment

©King’s Man/Cinemaservice Inc.

growth as well as to cultural wealth. In the U.S., the motion picture and television
industry provided jobs for more than 1.3 million people in 2005. In India, the US$2 billion
film industry is projected to grow at a compound annual rate of 16 percent for the next 5
years. South Korean blockbusters, with ticket sales over 10 million, have fueled the
explosion of “Kim Chic” popular culture in the region. Nigeria’s “Nollywood” produces
over 1,000 films per year which are avidly consumed throughout Africa and beyond.

WIPO assists countries in the development and application of copyright systems conducive to
growth in the cultural industries.
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undertakes studies to assess the impact of IP policies and practices on the growth of creative industries, and
develops practical tools for entrepreneurs in these industries.

Strategies for developing and managing IP assets. Developing countries face numerous challenges in building
the innovation infrastructure, funding and human resources, which are needed to enable local innovators
and research institutions to use IP as a means of owning, protecting and exploiting their research results.
Many countries, for example, suffer from a shortage of local professionals who can draft patents, manage
and market IP assets and negotiate technology licensing contracts. WIPO assists Member States in
formulating comprehensive strategies, and has developed hands-on tools and training programs to help
countries build sustainable, home-grown capacity in these fields.

Small and Medium-sized Enterprises (SMEs). SMEs, which represent over 90 percent of enterprises in most
Creative countries, make a vital contribution to national economies. But small companies are often
Expression, unaware of the relevance of IP to their business, or of how successful exploitation of IP
a new guide
to copyright can help improve their competitiveness. Similarly, many SME support institutions lack
for SMEs. understanding of the real value of IP assets to SMEs. WIPO provides extensive information
resources for SMEs, and develops partnerships with national IP offices and SME support
institutions in order to improve their capacity to deliver IP-related services to SMEs.

2006-2007
The PCDA first met in February
2006 to examine 111 proposals
presented by Member States.
In June 2007, the Committee
In order to encourage developing
country economists to undertake
empirical research on IP, WIPO
initiated in 2007 a series of national
sapphire and cinnamon in Sri Lanka
and studies on nation branding,
technology management and
biotechnology.
reached a milestone agreement roundtables on the Economics of National studies assessing the
on a set of recommended actions IP, with participants encouraged to economic contribution of
to form the basis of a WIPO submit research proposals for peer copyright-based industries were
Development Agenda. WIPO also review and WIPO support. finalized in five countries and
ran a series of international Industry-level case studies begun in 14 countries.
seminars on IP and development included an analysis of the use of
for policy makers and diplomats. geographical indications for tea,
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Courtesy: Osteopore
International Pte Ltd
F R O M L A B O R ATO RY TO M A R K E T- P L AC E

Ground-breaking technology – such as this bio-absorbable mesh for repairing skull fractures, developed by a research
team in Singapore – frequently starts out as research in university laboratories. But transferring new technologies
successfully from the lab to the market place requires access to the right infrastructure, funding and skills. Several WIPO
programs help universities to use IP in order to benefit from the fruits of their research. Programs include training in
patent drafting and licensing, as well as establishing shared hubs of IP expertise.

WIPO has also developed guidelines to help R&D institutions in developing countries formulate and implement
institutional IP policies. Kenya’s Moi University and Colombia’s University of Antioquia are among an increasing number of
academic institutions to have introduced such policies in order to create incentives for their scientific researchers, facilitate
technology transfer, and ensure an equitable distribution of revenues from the commercialization of research results.

More than 1,200 scientists and The reach of WIPO’s information Ten Member States used WIPO’s
technology managers from over materials for SMEs continued to IP Audit Tool in 2006 in order to
40 countries benefited from WIPO’s increase, with subscribers to the assess their use of IP and to
training workshops on IP licensing SME e-newsletter up by 39 percent develop national IP strategies.
and patent drafting. Pilot projects in 2006, and page views of the
analyzing the use of network SME website up by 74 percent to
strategies to strengthen IP asset some 200,000 per month. Studies
management were run in six central on the use of the IP system by
African countries, in Colombia and SMEs were published in Argentina,
in some Asian countries, offering Brazil and Chile.
R&D institutions the free services of
shared “hubs” of IP managers. 13
1007E-Overview 29.11.2007 15:50 Page 14

Flexibilities and public policy. Questions relating to how developing countries can benefit from the wide
flexibilities allowed to them under international IP laws have become a major preoccupation for many
governments, particularly following the WTO “Doha discussions” on IP and public health. WIPO provides
expert legislative advice on these issues, on a bilateral and confidential basis, in response to requests from
individual Member States.

H A R N E S S I N G I P F O R P U B L I C W E L FA R E

The reform of Jordan’s patent legislation in 2000 encouraged a shift from the manufacturing of generic drugs towards
biomedical innovation. Jordanian entrepreneurs living overseas were attracted back to set up innovative new biotech
companies, such as Triumpharma. While Jordanian pharmaceutical companies had
previously made little use of the patent system, half of them now own patents, including
for some potential blockbuster drugs. The Jordan Pharmaceutical Manufacturing Company,
for example, built a portfolio of 30 patents in five years, which the company estimates as
worth US$200 million.

The government has developed strategies designed to ensure that the benefits from this
increased domestic biomedical innovation contribute directly to public welfare. The
Courtesy:
Triumpharma

technology transfer center of Jordan’s Royal Scientific Society is tasked explicitly to exploit the institution’s technical
capacity “for the good of society.”

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LIFE SCIENCES

Life sciences technologies touch upon fundamental human needs such as health, food and a safe
environment. The pace of innovation is rapid and the debate on complex issues, such as the impact of
patents on access to medicines, is often heated. But finding sustainable solutions is crucial. Recent
developments in the life sciences pose unique challenges for IP law and policy. WIPO undertakes studies and
produces factual information materials to assist policy makers in monitoring developments and assessing
policy options. WIPO also seeks to facilitate inclusive and informed debate on the strengths and weaknesses
of the IP system in meeting public health challenges.

SHEDDING LIGHT

WIPO provides objective information materials and analysis to aid public understanding of complex issues in the area of life
sciences. Recent articles published by WIPO included a topical Question & Answer sheet on patent questions relating to Avian flu
and a series of case studies illustrating different issues in the field of bio-ethics – from the patenting of transgenic animals (such as
the Harvard onco-mouse), to questions of prior informed consent when patents result from research using human genetic material.

Photo: Harvard Medical

School, © Harvard College
WIPO also commissioned expert analyses of the patent landscapes relating to avian flu,
neglected diseases and other priority areas for public health policy makers, in order to
provide a stronger factual basis for policy analysis.

2006-2007
WIPO’s input to international
debates, processes and public
policy on IP and the life sciences
in 2006 included a draft issues
public health, and the development
of patent landscape analyses in
key public health areas.
A series of open policy symposia,
of stakeholders to explore current
issues surrounding the use and
impact of IP in the life sciences.

paper on bioethics, a range of launched in September 2007,

background materials on IP and brought together a wide range
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COPYRIGHT IN THE DIGITAL ENVIRONMENT

The Internet and other constantly evolving digital technologies have opened up exciting opportunities for
business and for new modes of creativity, while at the same time presenting complex challenges for the
evolution of copyright.

Together with public and private sector partners, WIPO is involved in various activities aimed at increasing
understanding of the impact of emerging technologies on the creation of, access to, and use of copyright
content. These explore legal and policy questions relating to, for example: new licensing models;
technological protection measures and rights management information (RMI); copyright and the public
domain; and exceptions/limitations to copyright in the digital environment. WIPO programs also seek to
raise awareness in developing countries of the opportunities provided by the copyright system in order to
bridge the “digital divide” with more technologically-advanced countries.

WORKING WITH PARTNERS

WIPO cooperates closely with other UN agencies and specialized bodies in Geneva and around the world,
with the aim of ensuring that its activities contribute effectively to UN-wide initiatives and to the
achievement of the UN Millennium Development Goals. Partner organizations include the World Health

2006-2007
The consolidation of WIPO’s
External Relations function enabled
a more coherent organizational
approach to relations with the
The WIPO Japan Office opened in
September 2006 to coordinate IP-
related research in developing
countries of the Asia Pacific region.
A new Section for the Mobilization
of Extra-budgetary Resources was
established in order to reach out
more proactively towards new
external community partners and potential donors able
to provide additional resources for
development-related projects.
1007E-Overview 29.11.2007 15:50 Page 17

Organization (WHO), the World Trade Organization (WTO) and the International Labor Organization (ILO).
WIPO works closely with other intergovernmental organizations (IGOs) as well as with international and
national non-governmental organizations (NGOs), some 250 of which are accredited to attend WIPO
meetings as observers.

WIPO’s Coordination Offices, based in Brussels, New York, Singapore, and Tokyo, help to manage the
network of relationships with international, regional and national partner organizations.

T E C H N O L O G I C A L I N N OVAT I O N TO I M P R OV E L I F E PlayPumps. Each turn of the PlayPump merry-

In South Africa, the Council for Scientific and Industrial Research go-round powers a pump forty meters below
(CSIR) aims to foster research and technological innovation, ground. As the children play, water is pumped
through the private and public sector, in order to improve the effortlessly to a 2,500-liter storage tank,
quality of life for those in need.
supplying the needs of an entire community. To
date, 700 PlayPump™ systems installed in rural
MineBurner. Developed with CSIR and villages across South Africa,
Courtesy: PlayPumps International

Department of Trade and Industry funding, the Mozambique and Swaziland have
MineBurner aims to slash the costs of de-mining transformed the lives of over a
operations and reduce the number of deaths million people. Clean water means
caused by landmines. Using patented pressure better sanitation and less disease.
technology, the device burns up the explosive Freed from the daily toil of
compound in the mine, rather than exploding it, fetching water, girls can attend
making it safe to use in built-up areas. The cost of school, and women have time to
removing a landmine with the MineBurner is start small businesses.
estimated at 20 cents, compared to US$300 –
US$1,000 using traditional methods.

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TECHNICAL ASSISTANCE
AND
CAPACITY-BUILDING
In response to demand, WIPO assists
Using the IP system to further developing countries, least developed
economic development countries (LDCs) and transition economies
in building these infrastructures and in
requires adequate institutional formulating national IP development plans,
which are consistent with each country’s
infrastructures. needs and development priorities. In all its
technical cooperation and capacity-building activities, WIPO works closely with other
providers of technical assistance to ensure that Member States receive maximum benefit in
the most efficient manner possible.

WIPO’s regional bureaus

coordinate tailored
programs to help developing
countries benefit from their
intellectual capital.
istockphoto

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A wide range of programs and activities assist countries in:

encouraging policy makers to updating their IP legislation and encouraging public-private sector
incorporate IP into national implementing international cooperation to promote greater
planning; treaties; use of the IP system.
modernizing their IP conducting awareness-raising
administrations, streamlining campaigns;
office operations and training IP strengthening mechanisms for
office staff; regional cooperation; and

Separate regional bureaus within the WIPO secretariat, each benefiting from relevant geographical
expertise, coordinate technical assistance to Africa, the Arab countries, Asia and the Pacific, and Latin
America and the Caribbean. The bureaus work closely with national IP offices and other stakeholders to
ensure that assistance programs are tailored to the diverse needs of individual countries.

The specific needs of LDCs are addressed through comprehensive technical assistance, including training
programs, IP institution-building, high level policy dialogue as well as cooperation with other UN and
multilateral bodies.

In recent years, WIPO has also intensified cooperation with countries in the Central European and Baltic
States region, Eastern Europe, the Caucasus region and Central Asia, paying particular attention to their
specific requirements as economies in transition, where IP often already plays a prominent role in their
accelerated economic, social and cultural development. WIPO promotes a cross-cutting exchange of
experiences, lessons learned and best practices among these countries.
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INDIGENOUS COMMUNITIES – CREATIVE HERITAGE

Digital technologies and the Internet offer new opportunities for the preservation, protection and revitalization of traditional
cultural expressions, or folklore. Recorded and disseminated in digital form, traditional music, designs and art can reach
new audiences in niche markets, so promoting development of the community that created them. But this can also result in
their misappropriation and misuse. Safeguarding efforts sometimes unwittingly lead to the unauthorized commercial
exploitation of culturally-sensitive materials. Indigenous communities, museums, archives and researchers have therefore
called for guidelines on the IP issues and options which arise in this area.

The WIPO Creative Heritage Project is developing such guidelines in consultation with indigenous communities and cultural
institutions. The Project provides advice on managing IP options as well as IT assistance to indigenous communities, such as
to this Maasai community in Kenya, as it embarks upon recording and digitizing elements of its rich cultural heritage.

©WIPO/Masai Cultural
Heritage Foundation
Distributing WIPO
comics in a Bahrain
shopping mall to
raise awareness

2006-2007
In Africa, IP audits were conducted
in 20 countries in 2006. Ethiopia,
Kenya, Mozambique, Nigeria and
Uganda were assisted in developing
The work program in the Arab
States focused on increasing the
interaction between IP offices, R&D
institutions and the private sector,
In Asia and the Pacific region,
WIPO assisted IP offices in
becoming more oriented towards
providing value-added services.
national IP strategies. with activities covering licensing, Activities contributed towards
Projects to promote the use of technology transfer and patent establishing an integrated IP
geographical indications were drafting. Regional and inter- management system in Pakistan,
underway in five countries. regional cooperation was facilitated modernizing the national IP system
Work began to facilitate the through the League of Arab States, in Bhutan, and promoting use of
drafting of regional legal the Organization of Islamic the international registration
instruments on the protection of Conference and the Islamic systems in the area.
traditional knowledge and Development Bank. WIPO responded to demand to
expressions of folklore. WIPO undertook “SWOT” analyses help countries build capacity in the
to identify the strengths, field of patent examination in
weaknesses, opportunities and specified technologies.
threats in IP offices in the Arab New reference materials were
countries. The results will constitute produced on IP valuation and on
the base for an action plan in the university-industry partnerships to
coming biennium. promote technology transfer.
1007E-Overview 29.11.2007 15:50 Page 21

Courtesy: Integrated
Trade Solutions

Courtesy of EPO CARDS

Workshop on a Participants in the WIPO
National Branding University Initiative from the
Strategy for Balkans region receive
Jamaica held in training from WIPO and the
January 2007. EPO in how to use free
online databases to conduct
basic patent searches

In Latin America and the WIPO provided LDCs with In Central Europe and Baltic States,
Caribbean, eight countries legislative advice regarding the Eastern Europe, the Caucasus
benefited in 2006 from legislative flexibilities available to them under Region and Central Asia, WIPO’s
assistance from WIPO in the TRIPS Agreement. activities concentrated on human
modernizing their IP legal Work progressed on a technology resource development, awareness-
framework. Countries in Central licensing training manual for raising and regional and
America and the Dominican Ethiopia, Nepal, Tanzania and international cooperation.
Republic started using a common Uganda and in establishing IP A number of activities were
manual on patent examination to Advisory Services and Information coordinated with the assistance
harmonize procedures within the Centers in Cambodia, Ethiopia and programs of the Commission of
sub-region. Tanzania. the European Union, the European
Awareness-raising activities Studies to catalogue and assess the Patent Organization (EPO) and the
culminated in the production of a IP viability and economic benefits of Eurasian Patent Organization.
radio series on IP and a multi-media folklore reached the final stages in Through the WIPO University
outreach tool in the Caribbean. Bangladesh and Senegal. Initiative, new IP service units were
In Argentina, Chile, Jamaica, established by research institutions
Mexico, Panama and Peru, various and local chambers of commerce in
activities aimed to strengthen the the Balkan countries. Some 25 IP
relationship between universities/ coordinators were nominated at
R&D institutions and the private academic institutions.
sector, including SMEs. 21
1007E-Overview 29.11.2007 15:50 Page 22

MODERNIZING IP INSTITUTIONS COLLECTIVE MANAGEMENT

Many IP institutions in developing countries and In a global economy, collective management societies
LDCs still operate with paper-based manual are of great value to the holders of copyright and
procedures, making it increasingly difficult to cope related rights, such as authors, performers, artists
with backlogs and with the burgeoning demand and the publishing and phonographic industry,
for their services from IP users. WIPO continues by helping them to manage and benefit from their
to roll out programs to help IP offices automate rights. WIPO assists countries in setting up or
their business procedures so as to be able to modernizing collective management organizations,
deliver timely, cost-effective services for patent developing automated systems for rights management
applications, trademark registrations and other IP to enhance access to international markets, and
rights. WIPO also assists institutions in setting up preparing model contracts and guidelines.
databases to facilitate access to IP information.
Sourcing expertise and procurement from local
markets enhances sustainability; and a train the
trainer approach multiplies the impact of training.

2006-2007
By the end of 2007, some 50 IP offices and eight
collective management organizations will have
received modernization assistance, including
needs assessment, skills training, streamlining of
WIPO worked with partner non-governmental
organizations to address a wide range of policy
issues in the field of collective management,
including international standards and codes,
procedures, upgrading of technical infrastructure copyright management technology and automated
and installing electronic links into WIPO systems. licensing and monitoring systems. Meetings such
as the Conference on Collective Management
of Copyright and Related Rights in North America
in 2007 brought together stakeholders to address
practical issues of rights management in the
current complex technological environment.
22
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23

“The past year has been one of fulfillment both for my employer and
my family, and I thank WIPO in general, and the WIPO Academy
in particular, for this achievement.” Sarjinder Singh Seth, from Haryana, India.
The Academy distance learning course and other
WIPO website resources provided a launch-pad
for his IP career.

WIPO ACADEMY

WIPO believes that the human capital of developing countries is key to their realizing the full benefits of
the national and international IP systems. The WIPO Worldwide Academy, founded in 1998, helps to develop
those human resources through a wealth of education and training programs.

With the support of some 30 partner governmental organizations and academic institutions, the content of
the Academy’s programs is increasingly tailored to meet the diverse and specialized needs of policy advisors,
business managers, IP professionals, students and other target groups in line with WIPO’s goals. Its five core
programs cover professional training, distance-learning, policy development, teaching
and research. To promote the teaching of IP in universities, the Academy also develops
joint programs with academic institutions leading to the award of IP degrees/diplomas,
such as the Turin University Master of Law (LL.M.) program. WIPO Academy courses
are offered in Arabic, Chinese, English, French, Portuguese, Russian and Spanish.
WIPO Academy Summer
School 2007

Participation in the Academy’s In response to demand for

programs increased significantly increasingly sophisticated IP
in 2006. More than 1,800 education, the Academy launched
participants from some 60 a new Executive Program.
countries took part in the policy, This customized, multi-disciplinary
professional and degree programs program is attended by CEOs and
and over 20,000 participants managers of high tech firms.
from some 180 countries in the
distance-learning courses.
1007E-Overview 29.11.2007 15:50 Page 24

24

ENFORCEMENT

The international trade in counterfeit and pirated products was calculated by the Organization for Economic
Co-operation and Development (OECD) in their 2007 report as amounting to some US$200 billion in 2005 –
not counting the distribution of digitally pirated products over the Internet, nor domestically produced and
consumed fakes, which could add several hundred billion dollars more.

Counterfeiting and piracy damages consumers, producers and the economy on multiple levels: substandard
products can threaten health and safety; criminal networks thrive on the easy profits and relatively mild
penalties; rights holders lose income; the incentives to innovate are undermined; and governments lose
revenues which fund public services.

Effective enforcement of the laws that protect the rights of IP owners is essential if IP is to serve the
purpose of promoting innovation and furthering economic development. WIPO plays a leading role in
encouraging the international coordination of enforcement-related activities, working with Member States
in the Advisory Committee on Enforcement (ACE) and with public-private partnerships in fora such as the
Global Congress on Countering Counterfeiting and Piracy. WIPO also provides extensive assistance to
Member States through training programs for law enforcement officials, case law compilations for the
judiciary, legislative advice, and public awareness campaigns to help combat counterfeiting and piracy.

“Trade in counterfeit goods is a big problem and getting bigger.

It is pervasive, it involves some pretty unsavory characters, and it has
serious implications for health, safety, living standards and jobs.”
John Dryden, OECD Science, Technology and Industry Directorate.
1007E-Overview 29.11.2007 15:50 Page 25

C O M BAT I N G C O U N T E R F E I T I N G A N D P I R AC Y

“Fake drugs are murder,” says Malaysia’s new anti-piracy Brazil’s National Council The public destruction of
Dr. Dora Akunyili, head of champions attracted against Piracy and Intellectual over 80,000 pirated DVDs,
Nigeria’s National Agency for international media coverage. Property Crimes (CNCP) leads CDs and tapes by the
Food and Drug Administration Funded by the Motion Picture a well coordinated national Romanian Copyright Office
campaign

Photo: Romanian Copyright Office

Photo: CNCP
Courtesy: NAFDAC

Courtesy: MPA
to combat
piracy,
with action
spanning
and Control (NAFDAC). Association, Flo and Lucky four fronts: on World IP Day 2007 sent a
She leads a relentless battle are trained to sniff out enforcement, education, clear message.
against the counterfeit drugs hidden consignments of economic initiatives and
barons which has made her a DVDs and CDs. institutional policies.
national hero.

2006-2007
The 2007 Global Congress on
Combating Counterfeiting and
Piracy, hosted by WIPO, brought
together more than 1,000
action are: raising awareness,
improving cooperation and
coordination, building capacity,
promoting better legislation and
enforcement training courses
worldwide in 2006 for members of
the judiciary, law enforcement
agencies, and IP office staff.
participants, including government enforcement, and combating the Following the success of the first
ministers, business leaders and law threats to health and safety. WIPO case book and guide on
enforcement officials, to drive In cooperation with Member States handling IP disputes, a second
forward international efforts. Key and other international major case law reference book was
areas highlighted for on-going organizations, WIPO ran 21 IP published in September 2007.

25
1007E-Overview 29.11.2007 15:50 Page 26

DEVELOPING IP LAW
Three WIPO Standing Committees
A fundamental and enduring part of deal with specific legal matters –
one with patents, one with copyright
WIPO’s activities is the progressive and the third with trademarks,
industrial designs and geographical
development of international norms and indications. Another intergovernmental
standards. The process of developing committee deals with issues relating
to genetic resources, traditional
international IP law, standards and knowledge and folklore.
The Committees are made up of
practices is driven by the Member States delegates from the governments of
and involves extensive consultations member countries, with representatives
from intergovernmental and non-
with the wide spectrum of stakeholders governmental organizations
participating as accredited observers.
in the IP system. The WIPO secretariat
coordinates this work with Member WIPO administers a group of treaties
which set out internationally agreed
States in the Standing Committees. rights and obligations, and common
standards for protecting IP rights.
States which ratify the treaties
undertake to recognize these rights and to apply the standards within their own territories.
WIPO actively encourages States to accede to these treaties and to enforce their provisions.
Widespread accession and consistent enforcement help maintain a stable international
environment, inspire confidence that IP rights will be respected around the world, encourage
investment, and contribute to economic development and social well-being.

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27

THE STANDING COMMITTEE ON THE LAW OF PATENTS (SCP)

The most important recent achievement of the Standing Committee on the Law of Patents (SCP), created in
1998, was the successful negotiation of the Patent Law Treaty (PLT) and its Regulations on the
harmonization of patent formalities and procedures. The PLT was adopted in June 2000 and entered into
force on April 28, 2005.

Meanwhile, discussions on a draft Substantive Patent Law Treaty (SPLT) started in May 2001 and focused on
issues of direct relevance to the grant of patents, in particular: the definition of prior art, novelty, inventive
step/non-obviousness, industrial applicability/utility, the drafting and interpretation of claims and the
requirement of sufficient disclosure of an invention. The SCP agreed that other issues related to substantive
patent law harmonization, such as first-to-file versus first-to-invent systems, 18-month publication of
applications and a post-grant opposition system, would be considered at a later stage.

During the subsequent SCP meetings, proposals from a number of delegations led to the progressive
broadening of the contents of the draft. While delegates agreed in principle on a number of issues,
agreement on other topics proved more difficult.

In 2006, Member States agreed that the time was not ripe to agree on a workplan for the SCP, and so put
the SPLT discussions on hold. Delegations were divided broadly into those pressing to fast-track a limited
number of technical issues, and those advocating a broader approach including a larger number of issues.
Directed by its Member States, WIPO is now exploring potential areas of common interest.

EXPLORING THE ISSUES

WIPO opened an ongoing series of Patent Colloquia in 2006 as a forum for public debate on certain aspects of the
international patent regime, with the intention of triggering an exchange of views among participants. The challenge is to
explore and identify potential areas of common interest to Member States and users of the patent system, to enhance
knowledge of the principles and practices of the patent system and to raise awareness of its role in economic development.
1007E-Overview 29.11.2007 15:50 Page 28

28

THE STANDING COMMITTEE ON TRADEMARKS, INDUSTRIAL DESIGNS AND

GEOGRAPHICAL INDICATIONS (SCT)

Years of negotiation in the SCT concluded with the adoption on March 27, 2006, of a Revised Trademark
Law Treaty, known as the Singapore Treaty on the Law of Trademarks in recognition of the country that
hosted the final negotiations. The new Treaty provides simplified and internationally harmonized
administrative rules for trademark registration. Among its provisions, the Treaty explicitly recognizes that
trademarks are no longer limited to two-dimensional labels on a product. It expressly mentions new types of
marks, such as hologram marks, motion marks, color marks and marks consisting of non-visible signs, and
creates a framework for defining the reproduction of non-visible marks, such as sound and smell marks.

The Singapore Treaty takes into account the advantages of electronic filing and communication facilities,
while recognizing the different needs of developing and developed nations. Concerns expressed during
negotiations by some developing and least developed states about their ability to fully benefit from the
Treaty resulted in a commitment by industrialized countries to provide technical assistance and other support
to strengthen the institutional capacity of those countries so as to enable them to take full advantage of the
Treaty. Promotional activities throughout the 2008/09 biennium will focus on widespread implementation of
the Singapore Treaty.

The SCT has defined areas for further development of the international law of trademarks, industrial designs
and geographical indications. In its current sessions, amongst others topics, the SCT is taking an in depth
look at Member State’s legislation and trademark office practice in relation to the registration of three-
dimensional marks, color marks and sound marks and other types of marks, such as motion marks, position
marks, hologram marks, slogans, smell, feel and taste marks. This is expected to result in a set of practices
for Member States relating to the representation of those types of marks in trademark office procedures.
1007E-Overview 29.11.2007 15:50 Page 29

Photo: Steelform.com
INDUSTRIAL DESIGNS

WIPO’s work on industrial design focuses on creating and maintaining an

international legal framework conducive to protecting the rights of designers and rights
holders. This is a complex area, with different options for protecting designs ranging from
sui generis design laws, unregistered designs, and design patents, through to copyright and
trademarks. Hardly any other subject matter within the realm of IP is as difficult to categorize
as industrial design. And this has significant implications for the means and terms of its
protection. If the design of a given object can be categorized as a work of applied art,
for example, then it may be eligible for protection under copyright law, with a much longer
term of protection than the standard 10 or 15 years
under registered design law. Were, for example,
G E O G R A P H I C A L I N D I C AT I O N S
the classic chairs designed in 1929 by Swiss
architect and designer Le Corbusier – such as Geographical indications (GIs) protect products with distinctive
this chaise longue – simply items of furniture, or characteristics due to their place of origin – such as these
also works of applied art? peaches from Pinggu district in China. While the value of GIs as a
marketing tool is not in dispute, international opinion is divided
as to the best way to protect them. WIPO’s regional and
international symposia help promote mutual understanding
among stakeholders of the differing perspectives in the debate.

Courtesy: China Trademark Office

29
1007E-Overview 29.11.2007 15:50 Page 30

THE STANDING COMMITTEE ON COPYRIGHT AND RELATED RIGHTS (SCCR)

Copyright and related rights are legal instruments which protect the rights of creators in their works and
thereby contribute to the cultural and economic development of nations. Copyright law fulfills a decisive
role in safeguarding the contributions and rights of the different stakeholders in the cultural industries, and
the relation between them and the public.

WIPO works with Member States in the Standing Committee on Copyright and Related Rights (SCCR) to
develop international norms and standards in the area of copyright. Recent discussions in the SCCR have
focused on proposals to update the international protection of broadcasting organizations (see box). Among
other issues under consideration are a study on automated rights management systems, and limitations and
exceptions to copyright in relation to visually impaired users.

P R OT E C T I N G B R OA D C A S T I N G O R G A N I Z AT I O N S
Photos.com

Discussions in the SCCR to update the international protection of broadcasting organizations have been ongoing
since 1998. In June 2007, the SCCR concluded that further discussions were necessary on various aspects of a
proposed treaty on the protection of broadcasting organizations before it would be possible to move to final
negotiations in a diplomatic conference. Member States agreed that a diplomatic conference should be convened
only after agreement on the objectives, specific scope and object of protection has been achieved.

WIPO also promotes the WIPO Copyright Treaty (WCT) and the WIPO Performance and Phonograms Treaty
(WPPT), known together as the WIPO Internet Treaties. These are becoming general international standards
for protection of copyright and related rights. With the expected accession to these treaties of the European
Community and its member states, the number of states party to each treaty will increase to more than 80.
However, additional efforts will be required to support the effective implementation and use of the treaties.
The SCCR will need to work on the implementation aspects of the WCT and the WPPT, particularly
regarding the provisions on technological measures of protection. The SCCR has also initiated discussions
regarding limitations and exceptions for the benefit of libraries and archives and the education sector.

30
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31

THE INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND

GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (IGC)

IP policy issues and legal measures in the area of traditional knowledge (TK), traditional cultural heritage,
and genetic resources touch upon a broad spectrum of issues. These include fundamental human rights,
as well as the rights of indigenous peoples, cultural diversity, environmental protection and biodiversity. For
WIPO, this has led to a special focus on the principles that determine what constitutes, on the one hand,
the misuse, misappropriation and illicit exploitation or reproduction of such intangible materials; and on the
other hand, the legitimate boundaries of the public domain.

It is essential, however, to reconcile global issues and a comprehensive international debate with the
perspectives and needs expressed by local and indigenous communities. This means that community-based
capacity-building efforts and the policy agenda must be carefully coordinated. A key challenge, therefore,
is to fashion from such general principles the practical tools which enable indigenous and local communities
to protect their TK, traditional cultural expressions (TCEs) and genetic resources in such a way that is
consistent with the interests, needs and value systems which they identify for themselves.

In the IGC, WIPO’s Member States are currently consolidating ongoing work on two sets of draft provisions which
outline policy objectives and core principles relating to the protection of TK and TCEs against misappropriation. And
they have turned to a systematic review of the core policy issues posed by efforts to strengthen such protection at the
international level. The close involvement of indigenous and local communities has been essential to this process.

T H E W I P O VO L U N TA RY F U N D

The WIPO Voluntary Fund was created by the IGC to ensure that indigenous and local communities have an active
voice in the IGC’s discussions on TK, TCEs and genetic resources. Since it came into operation in 2006, the Fund

Photo: WIPO/Mercedes
Martínez-Dozal
has financed the participation in IGC meetings of representatives of indigenous and local communities from Cameroon,
Congo, Ecuador, India, Indonesia, Kenya, New Zealand, Nigeria, Pakistan, Panama, the Russian Federation, Saint Lucia,
Ukraine, and the United States. Generous donations augur well for increasing levels of support in the future.
1007E-Overview 29.11.2007 15:50 Page 32

DELIVERING
GLOBAL Innovators and businesses
need speedy, streamlined
IP SERVICES international systems
to enable them to protect
their innovations and intellectual assets
in multiple countries. An important cluster of
WIPO treaties, which cover the international
protection of inventions (patents), trademarks,
industrial designs, and appellations of origin
ensure that a single international registration or
filing will have effect in any of the relevant
signatory states.

Demand for WIPO’s

registration and filing
services continues to rise.
PCT applications increased
by 7.9% from 2005-2006.

32
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33

“Intellectual property is a core asset of the company.

We will continue to protect and defend that asset.”
Jean Campion, spokesperson, Alcatel-Lucent

The services provided by WIPO under these treaties, notably the Patent Cooperation Treaty (PCT), the
Madrid System for the international registration of marks, the Hague System for the international
registration of industrial designs and the Lisbon System for the protection of appellations of origin and their
international registration, are intended to simplify the application for IP titles in all the countries in which
protection is sought.

WIPO administers these registration services and plays an active role in updating the relevant treaties to
harmonize and simplify procedures. The revenues from these fee-based services to the private sector
account for 90 percent of WIPO’s budget.

THE PATENT COOPERATION TREATY (PCT)

The most widely used of these systems is the PCT. A single international patent application under the PCT
has legal effect in all the countries bound by the Treaty – 137 as of the end of July 2007. PCT applicants
receive valuable information about the potential patentability of their inventions and have more time than
under the traditional patent system to decide in which of the PCT countries to continue pursuing patent
protection. Thus, the PCT system consolidates and streamlines patenting procedures, postponing the
significant internationalization costs and providing applicants with a sound basis for important decision-making.

“Without our patents we probably Why the PCT? “Because I wanted to

wouldn’t have a company.” take the most cost-effective manner
Intelligent Textiles create fabrics woven of protecting the IP rights,” said Mr.
with electrical circuits. Here a piece of Bojji Rajaram, the Indian inventor of an
cloth is transformed into a keyboard. anti-collision device for trains, used
by the Konkan Railway Corporation.

(2005)/Indian Railways Fan Club

Photo: Apurva Bahadur
Courtesy: Intelligent Textiles
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34

D E L I V E R I N G S E RV I C E S O N L I N E

Users of the PCT system increasingly take advantage of

electronic filing software for the preparation and filing of PCT International Applications. In 2006, more than half of all
PCT applications were filed entirely or partly in electronic form.

In order to keep the PCT running, WIPO needs to communicate and exchange documents with more than 100 PCT receiving
offices, 12 international search and examining authorities and approximately 110 designated offices. These communications
increasingly take place in electronic form and PCT applications are processed electronically end-to-end by WIPO.

WIPO’s PatentScope Search facility provides free and easy access to the 1.3 million patent applications that have been
disclosed through the PCT system since 1978. These patent applications are a unique record of technological progress of
the last 30 years and contain information of important business and economic value.

2006-2007
137 countries were members of the
PCT by mid 2007. The PCT will
have processed, translated and
published in excess of 157,000
In 2006, the top countries of origin
for PCT applications were again the
U.S., Japan and Germany. The
Republic of Korea overtook the
The greatest number of PCT
applications published in 2006 was
in telecommunications,
pharmaceuticals, and information
international applications by the U.K. to become the fifth biggest technology. The fastest growing
end of 2007. Applications are country filer. Applications from technology areas were
expected to continue to grow China grew by 56.8 percent. semiconductors (28% increase),
by 5 percent next year. information technology (22%) and
pharmaceuticals (21%).
1007E-Overview 29.11.2007 15:50 Page 35

THE MADRID SYSTEM AND THE HAGUE SYSTEM

The Madrid System for the International Registration of Marks

The top user of the offers a trademark owner the possibility to protect a trademark
Madrid System in 2006,
Lidl Stiftung & Co. KG in the territories of 81 countries by virtue of its registration with
(Germany) filed 151 WIPO on the basis of a single application. A similar facility exists
international trademark
applications. for industrial designs under the Hague System for the
International Registration of Industrial Designs – which currently
Hague registration counts 46 member countries. Both systems offer cost-effective
number DM/068977.
Swatch continues and accelerated access to trademark and industrial design
to be one of the
biggest users of protection in multiple jurisdictions. Data concerning these
the Hague System. international trademark and industrial design registrations is
accessible online and may be searched by anyone free of charge.

WIPO received a record 36,471 By the end of 2006, 471,325 A total of some 1,150 international
international trademark international trademark applications were received under
applications under the Madrid registrations were in force in the The Hague System in 2006, with a
System in 2006 – an 8.6 percent international register, belonging to similar number expected in 2007.
increase on 2005 figures. over 159,000 different trademark The planned accession of the
Applicants from Germany, for the holders, including many SMEs. European Community to the
14th consecutive year, led the list of In April 2006, an online renewal Geneva Act in early 2008 is likely
top filers, followed by users in facility was opened on the Madrid to result in a significant growth in
France, and the U.S. China was the website. WIPO’s improved operations under the Hague System.
most designated country in ROMARIN database, containing a
international trademark detailed history of all international
applications, reflecting increasing marks, updated daily, was made
levels of trading activity by foreign available free of charge.
companies in China.
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1007E-Overview 29.11.2007 15:50 Page 36

THE LISBON SYSTEM

The Lisbon System facilitates the international protection of appellations of origin – i.e. geographical
indications which are protected in their country of origin because they have come to designate a product
with geographically determined qualities or characteristics. As of mid 2007, 26 countries were party to the
Lisbon System, with a total of 808 international registrations currently in force.

CLASSIFICATION SYSTEMS

Anyone applying for a patent or registering a trademark or design, whether at the national or international
level, is required to determine whether their creation is new or owned by someone else. To make this
determination, huge amounts of information must be searched. Four WIPO treaties create classification
systems that organize information concerning inventions, trademarks and industrial designs into indexed,
manageable structures for easy retrieval:

Strasbourg Agreement Purposes of Registration of Locarno Agreement Establishing

Concerning the International Marks (Nice Classification) an International Classification for
Patent Classification (IPC) Vienna Agreement Establishing Industrial Designs (Locarno
Nice Agreement Concerning the an International Classification of Classification)
International Classification of Figurative Elements of Marks
Goods and Services for the (Vienna Classification)

These are regularly updated to reflect advances in technology and commercial practices. The classification
systems are used voluntarily by many countries which are not party to the related agreement.

36
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37

Photo: Nokia
U S I N G T H E S YS T E M S

Leading mobile phone manufacturer, Nokia, makes extensive use of WIPO’s international
registration and filing systems. The company files international patent applications via the PCT to protect its technological
innovations, such as for downloading ring tones and for the exchangeable phone covers developed in the 1990s.
It registers the designs of the appearance of the products, such as displays, batteries and keypads, through The Hague
System. And it registers international trademarks, such as “Nokia, Connecting People” and the Nokia ring tune, through
the Madrid System.

In 2006, 10.5 percent of PCT applications published were in the area of telecommunications, making this the most popular
IPC class. Trademark registrations followed the same trend: Class 9, which covers telecommunications, was the most
frequently used Nice Classifications in 2006.

2006-2007
In October 2006, WIPO published
the first new version of the IPC
advanced level, which entered
into force on January 1, 2007.
WIPO concluded the revision of
the ninth edition of the Nice
Classification during 2006 and
published it in English and French.
navigation and search possibilities,
has become indispensable for IP
practitioners and industrial property
offices around the world.
New procedures, and a website, NIVILO:CLASS 2.0, which contains
were created to centralize data the latest editions of the Nice,
communications at WIPO in relation Vienna and Locarno Classifications,
to the reclassification of patent was made available online free
collections associated with each IPC of charge and on CD ROM.
revision. This dynamic tool, with user friendly
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38

ARBITRATION AND MEDIATION

The WIPO Arbitration and Mediation Center offers Alternative Dispute Resolution options, in particular
arbitration, mediation and expert determination, for the resolution of international commercial disputes
between private parties. The Center’s procedures are designed as efficient and inexpensive alternatives to
court proceedings between parties from various jurisdictions with different IP legislation. The Center
maintains an extensive list of specialized mediators, arbitrators and experts from over 100 countries who
conduct dispute resolution procedures according to the WIPO rules. These procedures may take place in any
country, in any language, and under any law, allowing a great deal of flexibility for the parties.

Parties may elect to use the WIPO Electronic Case Facility (WIPO ECAF) to manage disputes filed under the
WIPO Rules. With the WIPO ECAF, parties, neutrals and the Center may securely file, store, search and
retrieve case-related submissions in an electronic case file from anywhere in the world and at any time.
When a submission is made, all parties receive an e-mail alert and may view the case file.

The Center is also the leading dispute resolution service for challenges filed by trademark owners in relation
to abusive registration and use of Internet domain names, commonly known as cybersquatting. This entire
procedure is conducted online and results in enforceable decisions within two months.
1007E-Overview 29.11.2007 15:50 Page 39

2006-2007
The number of cybersquatting
disputes filed with the Center
increased by 25 percent in 2006
and further increased by another
owners, include: the use of Whois
privacy services for registrations; the
growth in the number of
professional domain name dealers
on pay-per-click portal sites; options
for free five-day “tasting” trial
registration; the growth in the
number of accredited registrars;
17 percent in the first half of 2007. and the volume of their activity; the and the establishment of new
New trends observed in domain use of computer software to generic Top Level Domains (gTLDs).
name registration practices, which automatically register expired
threaten the interests of trademark domain names and their ‘parking’

Following a request from the America’s Cup Many domain name disputes dealt
Management, WIPO created in-house a with by the Arbitration and
customized web-based facility for use in the Mediation Center involve the names
32nd America’s Cup to facilitate efficient of well-known persons, companies
dispute resolution under the America’s Cup and products, such as the case
Jury Rules of Procedure modeled on the brought by footballer Wayne Rooney.
WIPO ECAF.

Photo: Wikipedia
©ACM 2007/Jorge Andreu

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1007E-Overview 29.11.2007 15:50 Page 40

MANAGEMENT
AND An on-going challenge
for WIPO is to continue
FINANCE its efforts to streamline
decision-making processes
by Member States, as well as the working methods and
procedures of the Organization in order to make them
more transparent, cost-effective, customer-focused, and
results-oriented.

Revenue from WIPO’s

registration and filing
services accounted for some
90 percent of its funding in
2006-2007.

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41

In September 2006, Member States agreed a number of initiatives to increase efficiency in WIPO’s management
and administrative support processes. These included a new mechanism for the preparation and follow up of
the biennial Program and Budget, the development of a comprehensive human resources strategy, the revision
of procurement rules and procedures, and the strengthening of internal oversight.

INCOME AND EXPENDITURE IN 2006

WIPO’s financial results for 2006 consisted of the following main items.
INCOME (thousands of Swiss francs)
Contributions from Member States 17,284

Fees from the global protection services:

PCT 222,536
Madrid 43,033
Hague 2,424
Lisbon 1
Subtotal 267,994

Publications 1,568
Interest 6,425
Other revenues 4,199
Subtotal 12,192
Total 297,470

EXPENDITURE
Staff 185,544
Other 67,493
Total 253,037

Member States’ contributions are determined on the basis of a system of contribution classes. There are a
total of 14 classes, each with a set amount of contribution for the biennium concerned. The amount paid
by a given Member State depends on the contribution class to which it belongs. A State freely chooses the
class (and therefore the amount of contribution it pays) for itself, with three classes reserved for developing
countries. The rights and obligations of all States are the same, regardless of the contribution class to which
they belong.

The yearly contributions for each class in 2006 ranged from the lowest amount of about 1,400 Swiss francs
to the highest amount of some 1.1 million Swiss francs.
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TREATIES ADMINISTERED BY WIPO

Convention Establishing the World Intellectual Property Vienna Agreement Establishing an International Classification of
Organization (1967) the Figurative Elements of Marks (1973)
Budapest Treaty on the International Recognition of the Deposit of
Industrial Property Microorganisms for the Purposes of Patent Procedure (1977)
Paris Convention for the Protection of Industrial Property (1883) Nairobi Treaty on the Protection of the Olympic Symbol (1981)
Madrid Agreement Concerning the International Registration of Trademark Law Treaty (TLT) (1994)
Marks (1891) Patent Law Treaty (PLT) (2000)
Protocol Relating to the Madrid Agreement Concerning the Singapore Treaty on the Law of Trademarks (2006)
International Registration of Marks (1989) (Not yet in force.)
Madrid Agreement for the Repression of False or Deceptive
Indications of Source on Goods (1891) Copyright and Related Rights
Hague Agreement Concerning the International Deposit of Berne Convention for the Protection of Literary and Artistic Works
Industrial Designs (1925) (1886)
Nice Agreement Concerning the International Classification of Rome Convention for the Protection of Performers, Producers of
Goods and Services for the Purposes of the Registration of Marks Phonograms and Broadcasting Organizations (1961)
(1957) Geneva Convention for the Protection of Producers of Phonograms
Lisbon Agreement for the Protection of Appellations of Origin and against Unauthorized Duplication of Their Phonograms (1971)
their International Registration (1958) Brussels Convention Relating to the Distribution of Programme-
Locarno Agreement Establishing an International Classification for Carrying Signals Transmitted by Satellite (1974)
Industrial Designs (1968) WIPO Copyright Treaty (WCT) (1996)
Patent Cooperation Treaty (PCT) (1970) WIPO Performances and Phonograms Treaty (WPPT)
Strasbourg Agreement Concerning the International Patent Treaty on the International Registration of Audiovisual Works
Classification (1971) (Film Register Treaty) (1989)
1007E-Overview 29.11.2007 15:50 Page 43

WIPO MEMBER STATES ON JULY 31, 2007

Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania,
Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro,
Morocco, Mozambique, Myanmar
Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize,
Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger,
Brunei Darussalam, Bulgaria, Burkina Faso, Burundi Nigeria, Norway

Cambodia, Cameroon, Canada, Cape Verde, Central African Oman

Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa
Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines,
Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic
Poland, Portugal
Democratic People’s Republic of Korea, Democratic Republic of the
Qatar
Congo, Denmark, Djibouti, Dominica, Dominican Republic
Republic of Korea, Romania, Russian Federation, Rwanda
Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia,
Ethiopia Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines,
Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal,
Fiji, Finland, France
Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia,
Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname,
Guatemala, Guinea, Guinea-Bissau, Guyana Swaziland, Sweden, Switzerland, Syrian Arab Republic

Haiti, Holy See, Honduras, Hungary Tajikistan, Thailand, The former Yugoslav Republic of Macedonia,
Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan
Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland,
Israel, Italy Uganda, Ukraine, United Arab Emirates, United Kingdom, United
Republic of Tanzania, United States of America, Uruguay, Uzbekistan
Jamaica, Japan, Jordan
Venezuela, Viet Nam
Kazakhstan, Kenya, Kuwait, Kyrgyzstan
Yemen
Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho,
Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Zambia, Zimbabwe
Luxembourg (Total 184)

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MORE WIPO PUBLICATIONS

WIPO publishes many general information and specialist publications, which are available free of charge
from the e-bookshop at www.wipo.int/freepublications/en/ or on written request to the WIPO Publications
Section at the address on the back cover of this publication. The following are a few examples:

General For small and For young people

medium-sized enterprises
The WIPO Magazine Your Own World of IP
Publication No. 121 Publication No. 907
Inventing the Future:
An Introduction to Patents
What is Intellectual Property? for Small and Medium-sized Learn from the Past,
Publication No. 450
Enterprises Create the Future:
Publication No. 917
Inventions and Patents
Publication No. 925
Understanding
Industrial Property Making a Mark:
Publication No. 895
An Introduction to Trademarks Learn from the Past,
for Small and Medium-sized Create the Future:
Understanding Enterprises The Arts and Copyright
Publication No. 900 Publication No. 935
Copyright and Related Rights
Publication No. 909

Looking Good: The WIPO Comic Books

Intellectual Property: An Introduction to Industrial
A Power Tool for Economic Designs for Small and Medium- Trademarks
Publication No. 483
Growth – An overview sized Enterprises
Publication No. 498
by Kamil Idris
Publication No. 888.1 Copyright
Publication No. 484
Creative Expression:
Summaries of Conventions, An Introduction to Copyright
Treaties and Agreements and Related Rights Patents
Publication No. 485
Administered by WIPO for Small and Medium-sized
Publication No. 442
Enterprises
Publication No. 918

From Artist to Audience

Publication No. 922

44
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1007E-Overview 29.11.2007 15:50 Page 46

WORLD For more information contact or its New York Coordination

I N T E L L E C T UA L WIPO at: Office at:

P R O P E RT Y Address: Address:
34, chemin des Colombettes 2, United Nations Plaza
O R G A N I Z AT I O N P.O. Box 18 Suite 2525
CH-1211 Geneva 20 New York, N.Y. 10017
Switzerland United States of America
Telephone: Telephone:
+41 22 338 91 11 +1 212 963 6813
Fax: Fax:
+41 22 733 54 28 +1 212 963 4801
E-mail: E-mail:
[email protected] [email protected]

Visit the WIPO website at:

www.wipo.int
and order from the WIPO Electronic Bookshop at:
www.wipo.int/ebookshop

WIPO Publication No. 1007E ISBN 978-92-805-1652-4