1 INTRODUCTION TO INTELLECTUAL PROPERTY ISUES AND CHALLENGES - ROLE OF THE WORLD INTELLECTUAL PROPERTY ORGANIZATION Seminar on the Protection of Geographical Indications Challenges in Poland after the Accession to the European Union Warsaw, April 26, 2006 JUDr. Michal SVANTNER Senior Counsellor

2 Focus of the presentation: IPRs - in general WIPO’s role Current Challenges

3 Intellectual Property: Creations of the mind Commercial symbols (trademarks, trade names, geographical indications) Inventions, utility models, layout designs, plant varieties, know-how Works of applied art

4 Patent for the fountain pen that could store ink Utility Model for the grip and pipette for injection of ink Industrial Design: smart design with the grip in the shape of an arrow Trademark: provided on the product and the packaging to distinguish it from other pens Source: Japanese Patent Office

5

6

7 European Union - TAIEX TAIEX is the Technical Assistance and Information Exchange unit of Directorate- General Enlargement of the European Commission. TAIEX provides short-term technical assistance to the new Member States, Candidate Countries, and the administrations of the Western Balkans.

8 EU - TAIEX assistance, is focused on approximation, application and enforcement of EU legislation and is provided by peers and Commission experts. countries covered: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Republic, Slovenia Bulgaria, Romania and Turkey Serbia and Montenegro, Former Yugoslav Republic of Macedonia, Republic of Croatia, Bosnia and Herzegovina, Republic of Albania (and Kosovo as defined in UN Security Council Resolution of June 10, 1999)

9 World Intellectual Property Organisation (WIPO) Some Facts International Organisation, specialised agency of the UN Mandate: to promote the protection of intellectual property 182 Member States, representing over 90 % of the world’s countries

10 WIPO International public law body of Member States Treaty based management of international mechanisms for acquisition and maintenance of intellectual property rights administered by WIPO Technical Assistance

11 WIPO’s Activities Development of international IP law standards through global Conventions (2005: 23 treaties administered by WIPO) Global protection systems & services: internationally agreed standards for the protection of IP through registration with the International Bureau, ex. PCT, Madrid Agreement and Protocol, Hague Agreement.

12 (Annex) International Treaties: Paris Convention for the Protection of Industrial Property Bern Convention for the Protection of Literary and Artistic Works Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) Trademark Law Treaty and the Patent Law Treaty (PLT)

13 (Annex) International Treaties: Patent Cooperation Treaty (PCT) Madrid Agreement Concerning the International Registration of Marks Hague Agreement Concerning the International Deposit of Designs Lisbon Agreement for the Protection of Appellations of Origin and their International Registration.

14 WIPO ’s Activities - continued Assistance to countries to further develop their IP systems Technical cooperation

15 WIPO ’s Activities - continued Training for different audience (ex. National IP Offices, mid-high level governmental officials, managers, SMEs representatives, judges, attorneys, customs, police…..) Public awareness campaigns Exchange of Information

16 WIPO ’s Activities - continued Co-operation : with WTO in the implementation of the TRIPS Agreement EUROPEAN COMMISSION Directorate-General Enlargement (TAIEX) Assistance Information Exchange Office

17 WIPO ’s Activities - continued Implementation of the Community Assistance for Reconstruction, Development and Stabilization (CARDS) Project for the Western Balkan Countries funded by the EU managed by the European Patent Office (EPO)

18

19 Challenges to the IP System: Demand has been increasing rapidly driven by search for protection over broader geographical markets (“globalization”)

20

21

22 MOTTO: Important factor: STRENGTH OF INTELLECTUAL PROPERTY PROTECTION if weak - foreign investors are discouraged

23 INTELLECTUAL PROPERTY: A MULTIFUNCTIONAL TOOL ENGINE FOR ECONOMY A MACROECONOMIC tool to enhance economic & social development policies. A MICROECONOMIC tool to bring value to a business enterprise.

24 INTELLECTUAL PROPERTY CAN BRING VALUE TO YOUR BUSINESS 1. IP is an asset (whose value can be appraised and that can be sold, licensed or even used as security for financing). 2. IP can be used defensively against competitors. 3. IP can be used proactively as a marketing tool (in particular, to help develop, enhance & protect your brand).

25 JUST AS A BUSINESS PLAN IS ESSENTIAL FOR ANY BUSINESS VENTURE, AN INTELLECTUAL PROPERTY STRATEGY SHOULD BE PART OF EVERY DEVELOPMENT STRATEGY.

26 Challenges Inter-regional cooperation in the fields of intellectual property (EC/Countries of Central Easter Europe….changes in practice to come to the EU level) Cooperation for knowledge, technology transfer Upgrading innovation areas Timely information (economic rights - response to the situation in the market) IP Integrated policies/procedures

27 Challenges - enforcement Enforcement of IPRs - coordinated approach - all actors WIPO - Creation of the Advisory Committee on Enforcement (ACE) in Member States agreed that IP enforcement is an important issue to address at the international level;

28 Challenges - enforcement Creation of a special IP Enforcement Division (2002) Development of the legal framework : (1) at the international level : enforcement provisions in various WIPO-administered treaties, and participation in legal discussions in various international forums (2) assistance on national legislation : some trends to make IP enforcement more efficient (ex. civil procedure, remedies, criminal sanctions, border measures ) IP enforcement strategy assistance in cooperation with national governments Example from EU: Directive 2004/48/EC of the European Parliament and of the Council, April 29, 2004 on the enforcement of IPRs

29

30 THANK YOU