An Introduction to WIPO Cathy Jewell Senior Information Officer, Communications Division Geneva 14 December 2010

A brief history of int’l IP system WIPO today WIPO’s main activities

Milestones : 1883 to 2010 2009 STLT 2002 1989 Madrid Protocol 1970 PCT Internet Treaties 1989 Madrid Protocol 1970 PCT WIPO established 1967 WIPO Convention 1960 BIRPI moves to Geneva 1925 Hague Agreement 1893 BIRPI 1891 Madrid Agreement 1886 Berne Convention 1883 Paris Convention

Basic Facts about WIPO WIPO’s Mission: To promote the protection of IP rights worldwide and extend the benefits of the international IP system to all member States Status: An int’l intergovernmental organization Member States: 184 Observers: 250 + Staff: 950 from 101 countries Treaties Administered: 24 Decisions by: GA, CC, WIPO Conference

Public Sector & Policy-Makers IP: Outreach Public Sector & Policy-Makers Intellectual Property Offices Building awareness General Public, Civil Society

WIPO: A Development Agency & a Service Provider Norm-Setting Services to Industry Economic Development

Strategic Goals 1. Balanced Evolution of the International Normative Framework Ensure development of international IP law keeps pace with rapidly evolving technological, geo-economic, social & cultural environment 2. Provision of Premier Global IP Services Make core income generating business areas more cost-effective, and ensure they provide value added 3. Facilitating the Use of IP for Development Reflects commitment to ensuring all countries are able to benefit from use of IP for development Mainstreaming of development activity in all substantive areas 4. Coordination and Development of Global IP Infrastructure New orientation – responds to need for greater technical standardization and work sharing/exchange between offices; best practices; and the need to facilitate participation in global infrastructure/access to benefits;

Strategic Goals 5. World Reference Source for IP Information and Analysis New impetus - response to demand for empirical analyses, impact studies; contribute to sharing of knowledge by developing a portal of comprehensive IP information resources 6. International Cooperation on Building Respect for IP Respect for IPRs is a principle shared by all Member States. Aims to enhance cooperation in building respect for IPRs; broad goal aiming to identify elements to create an enabling environment 7. Addressing IP in relation to Global Policy Themes Determination to re-establish WIPO as leading IGO for addressing intersection between IP and global public policy issues Responsive Communications Interface between WIPO, its Member States and all Stakeholders ...a customer services culture - http://www.wipo.int/contact/en/ 9. Efficient Administration and Financial Support Structure to enable timely delivery of Programs

Strategic Realignment to tackle External Challenges

Norm Setting AIM: Progressive development of international IP law for an IP system that is: balanced/responsive to emerging needs effective in encouraging innovation/creativity sufficiently flexible to accommodate national policy objectives Topical issues reviewed/discussed in Standing Committees

Standing Committees Patents (SCP) Copyright & Related Rights (SCCR) Trademarks, Designs, Geographical Indications (SCT) Aim: (i) Build consensus on topical issues; (ii) Take into account interests of all stakeholders for a balanced, reliable, efficient, user-friendly, cost-effective system. N.B. Enforcement issues are discussed within the Advisory Committee on Enforcement (ACE) WIPO’s work in this area is designed to reduce complexity, cost and time involved in obtaining patent protection in multiple countries and to address workload crisis facing many office because of rising number of patent applications, changing nature of applications (biotech) and duplication of work. Various activities support this endeavor, namely: - Substantive and procedural harmonization of patent law. - Development and adoption of reforms of PCT System. PCT Reform: began in Oct. 2000. General objectives to simplify the system, streamline procedures, reduce costs for applicants, maintains quality of services to facilitate greater use, ensure system works to advantage of all offices irrespective of size.

Norm Setting Intellectual Property and Traditional Knowledge, Access to Genetic Resources, Folklore Aim: Generate practical benefits from IPS to support: socio-economic development; cultural integrity of communities; address concerns of indigenous peoples … IGC: debate broad policy and legal questions; share practical experience; and develop practical tools and mechanisms Status: Maturing process - common objectives/core principles. Mandate: Text-based negotiations 1+ int’l instruments that will ensure the effective protection of GRs, TK, TCEs. Toolkit for management for the management of IP interests in the documentation of TK A guide for the Protection of Expressions of Traditional Culture Survey of practical experience in legal protection of TK. Information materials Best practices reflecting international consensus on IP issues concerning TK, TCEs and genetic resources.

Cooperation for Development Four Major Pillars based on partnership: Establish a strategic plan for IP in conformity with national dvpt plans Strengthen IP laws and regulations for a balanced IP system that protects IP and also promotes innovation and creativity Strengthen infrastructure esp. of IPOs for provision of 1st class services to all users/creative sectors & facilitate access to IP information from DBs around world Capacity-building – training targeting all possible users (policy-makers, lecturers, creators, inventors)

Development Agenda for WIPO Adopted: September 2007 to emphasize use of IP for development Challenge: facilitate use by developing countries of IP for economic, social, cultural development 45 agreed proposals (6 clusters of activities) Technical Assistance and Capacity Building; Norm-setting, Flexibilities, Public Policy and Public Knowledge; Technology Transfer, Information and Communication Technology (ICT) and Access to Knowledge; Assessments, Evaluation and Impact Studies; Institutional Matters including Mandate and Governance Committee on Development and Intellectual Property monitor, assess, discuss and report on implementation of recommendations and discuss IP and development issues Development Agenda Coordination Division Ensure agreed outcomes reflected in relevant programs

WIPO Worldwide Academy http://www.wipo.int/academy/en/ Provides training to promote use of IP for development in line with evolving IP landscape Int’l, interdisciplinary approach to IP education Face-to-face training/distance learning Aims to promote international cooperation to enhance human IP capital through global networking with stakeholders and partners PROGRAMS: Professional Development (IPOs) Partnership Program (Universities, etc.) Distance Learning Program (expanding portfolio of courses) Executive Program (launch 2011) Summer Schools Program Internships at WIPO The Academy is an educational institution devoted to training, teach and research in IP. It’s aim is to build the human resources necessary to support the vision and strategy that would see IP promoted and protected worldwide and IP rights used as a tool for economic, social and cultural development. DLP is response to need for IP education in context of limited resources. DLP launched in 1999. 11,000 registrants to general IP course to date. Available in 7 languages. Development of intermediate & advanced modules (certificates) Establishment of core faculty in field of Int’l IP as tutors/resource people Professional Training - Aim: to enable enhance skills of IP professionals in areas of IP law, IT, best practices in processing applicatoins and delivery of client services. Policy Development, Teaching & Research: Response to broadening scope of IP as an issue of relevance to vital policy areas. As IP grows in importance and features in b/l and m/l negotiations, policy makers need a deeper knowledge of this field. Sessions to promote deeoer understanding of the role of IPRs in national and international cooperation and dvpt. Strengthen the capacity of decision-makers, etc. to formulate and implement policies fo rthe development, management, legislation, administration and enforcement of IPRs. Summer School

WIPO … Provider of Premier Global IP Services Core income generating business areas: Patent Cooperation Treaty (Patents) Madrid System (Trademarks) Hague System (Industrial Designs) Lisbon System (Geographical Indications) WIPO Arbitration and Mediation Center Aim: to be the first choice for users by continuing to offer cost-effective value-added services Patent law differs from country to country. It can be a costly, complex and lengthy process to obtain patent protection in multiple countries. WIPO’s global protection services offer a swift, reliablecost-effective and user-friendly option. Principle objective of PCT is operational excellence and provision of high quality services to benefit users of patent system, patent administrations and general public by streamlining the filing and processing of patent applications in multiple countries (through reduced duplication of work of national filing and processing) to make the grant of patents more economical (ie less diversion of public resources for patent admin.) Emphasis on ensuing PCT beneficiaries receive adequate knowledge of system and that the system responds satisfactorily to their needs. TRADEMARKS: In constantly changing business environment, TMs, etc. are important tools for promotion of domestic commerce and int’l. trade which, in turn, contribute to sustainable national economic growth. Indispensable in designing marketing strategies to identify and promote goods in market place and distinguish these goods from those of competitors. To be effective, need adequate legal protection at national & int’l. levels. WIPO’s registration systems facilitate the acquisition and maintenance of these IPRs in different countries A company in Morocco requesting TMP in 12 countries - application in 3 classes would pay over 6.5 times more if it didnt use MS but opted to apply to each national office separately -Madrid = 2,162 CHF; vs 14,245 CHF using national route). Renewal of same app. = 5+ times cheaper and cost of registering a change in ownership is 20+ times cheaper, costing 177 Swiss francs as opposed to 3,697 Swiss francs under the national route.

PCT Statistics 142 Contracting Parties

… a changing geography of innovation … PCT: International Applications Received in 2009 (by country of origin) -11.4% … a changing geography of innovation … +3.6% -11.2% +2.1% +29.7%

International Trademark Registration: The Madrid System 85 Contracting Parties

WIPO Arbitration & Mediation Center Alternative dispute resolution (ADR) (http://arbiter.wipo.int) I. Classical Arbitration & Mediation Services II. Tailor-made dispute resolution procedures: e.g.: UDRP - criteria: - identical/confusingly similar - legitimate interest - bad faith DN is a human friendly form of an Internet address that is easy to identify and remember. DNS is a hierarchy of names - Top level domains are divided into 2 categories (gTLDs and ccTLDs). gTLDs are managed by registry operators acting under authority of ICANN. CcTLDs are administered by competent national registration authorities. Because of increased use of Internet, DNs have acquired the role of business identifiers and even TMs e.g. AMAZON.com. By registering marks and names as DNs businesses attract customers to web sites. Cybersquatting is the pre-emptive, bad-faith registration of TMs as DNs by 3rd parties who do not possess rights in such names. Gives rise to disputes between TM owners and DN registrants which stretch the capacity of territorial judicial systems. First WIPO Internet DN process - 1998. UDRP is an administrative mechanism for efficient resolution of disputes arising out of bad faith registration and use by third parties of domain names. Under accreditation agreement with ICANN, all gTLD registrars agree to abide by and implement the UDRP - incorporated into standard DR clause of gTLD registration agreements. International in scope - provides single mechanism for resolving a DN dispute regardless of where the registrar, DN registrant, or complaining TM owner is located. Cost effective and timely - decision usually in less than 2 months. A key advantage: mandatory implementation of decisions. Registrars are required to take the necessary steps to enforce any UDRP transfer decisions subject to losing party’s right to file court proceedings (10 days after decision). Admin. Character of UDRP does not preclude the DN registrant or TM holder from submitting dispute to a court for independent resolution. Either party may commence a lawsuit in court before, during or after a UDRP proceeding. The provide appoints 1 or 3 independent and impartial persons to decide a case - in proceeding, each party has opportunity to express preference. REGISTRAR’S ROLE: LOCKS THE DN REGISTRATION PENDING A UDRP PROCEEDING AND IMPLEMENTING ANY DECISION RENDERED BY A PANEL wipo center is not for profit - fee depends on number of dns included in dispute and number of panelists. most cases involve 1-5 domain names and a single member panel - usually usd1500. in single member panel full fee paid by complainant. if complainant requests 3 member panel, full fee paid by him - if respondent requests 3 member panel.fee is split. A cost-effective and expeditious procedure …

WIPO’s Main Sources of Revenue Budget 2010-2011: CHF 618 million (decrease of 1.6% (9.8m) on 08-09)

Thank you for your attention Questions ? ? ? cathy.jewell@wipo.int Welcome …. Today, we are going to explain to you, in very general terms, what this Organization does and why?