WIPO General Assemblies To Tackle Budget, Fate Of Traditional Knowledge Committee

This week, the World Intellectual Property Organization annual General Assemblies will set the priorities and direction for the organisation for the year to come. The Assemblies also have before it approval of WIPO’s budget for the next biennium 2016/2017.

Several issues could dominate much of the discussions, including the approval of the budget linked to the financing of the Lisbon agreement protecting appellations of origin and geographical indications, and the fate of the Intergovernmental Committee on Traditional Knowledge, Genetic Resources, and Folklore. Another recently time-consuming topic has the process for selecting any future external offices of WIPO in countries.

The 55th WIPO General Assemblies are taking place from 5-14 October. The meeting also covers some 20 assemblies and other bodies of the WIPO member states and of the unions administered by WIPO, according to WIPO.

The General Assembly (GA) is, in particular, expected to adopt the proposed 2016/2017 program and budget [pdf], which did not meet the approval of the last Program and Budget Committee two weeks ago (IPW, WIPO, 21 September 2015).

Financing of Lisbon, Still Blocking Budget

The United States, with some apparent support from other nations, has opposed the approval of the budget earlier this month because it did not meet six prerequisite conditions on the financing of the Lisbon System for the International Registration of Appellations of Origin, and in particular of the New Act of the Lisbon Agreement for the protection of geographical indications, approved in May and not yet in force.

Among the unmet conditions established by the US is the fact that the Lisbon budget is balanced without the help of other Unions’ income.

On 1 October, the US submitted a document to be considered by the General Assembly on “Understanding of the United States of the Unitary Contribution System and the Unitary Budget as they Relate to the Lisbon Agreement.” The explanatory document is intended to dispel concerns that the US demand for balancing the budget might challenge the Unitary Contribution system.

According to the document, the Unitary Contribution System, adopted in 1993, “was intended to encourage wider membership in the WIPO Convention and WIPO treaties, and allow a member’s contribution to remain the same, regardless of how many treaties that it joins.”

“The Hague, Lisbon, Madrid and PCT Unions were not included in the Unitary Contribution System because these systems were intended to be fee-funded,” the document explains.

Also, on 30 September, the WIPO Coordination Committee tabled a document [pdf] titled “Advice of the Coordination Committee to the Lisbon Union Assembly Regarding the Proposal to Establish a Working Capital Fund for the Lisbon Union.”

The document suggests that “the initial level of the Lisbon Union Working Capital Fund is proposed at 2 million Swiss francs based on the negative projected operating result of the Lisbon Union in the 2016/17 biennium.”

It also suggests that “the initial contributions to the Lisbon Union Working Capital Fund will be invoiced by the WIPO Secretariat to each country, as per the Annex, on January 1, 2016, with a payment due date of June 30, 2016.”

According to the document, “the Lisbon Union Working Capital Fund will be used to cover any operational deficit of the Lisbon Union on an annual basis…”

External Offices, Committee Memberships, Other Items

Another issue to be tackled by WIPO members is the rules that will govern the opening of new WIPO external offices, such the number of new offices to be opened and where they would be located.

According to the draft agenda [pdf] on the first day of the meeting, the General Assembly is expected to address [pdf] the composition of the Program and Budget Committee (PBC), and the composition of the WIPO Coordination Committee, and of the Executive Committees of the Paris and Berne Union.

According to WIPO, the membership of the Coordination Committee is made of states drawn from three other bodies: the Executive Committee of the Paris Union, the Executive Committee of the Berne Union, and one-fourth of the states party to the Convention Establishing WIPO that are not members of any of the Unions administered by WIPO.

As the host country, Switzerland, is an ex officio member of the Coordination Committee. The membership of the Coordination Committee is established once every two years.

Some items on the agenda have already been tackled by the PBC at its sessions in July (IPW, WIPO, 22 July 2015) and September (IPW, WIPO, 21 September 2015), such as the report by the external auditor [pdf], and the Annual Financial Report and Financial Statements 2014 [pdf].

The Assembly is also expected to consider the Program Performance Report for 2014 [pdf], which provides an assessment of progress made in 2014 towards achieving the expected results for the biennium 2014/15, and has been presented to the PBC in its July session.

Among the many other items on the Assembly agenda are the work of numerous committees, on issues such as copyright, patents, trademarks, industrial design, and development, as well as activities on enforcement and on audit and oversight.

Committee on Traditional Knowledge, Genetic Resources

The General Assembly is expected to consider the renewal of the mandate of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). At the last General Assembly, no agreement could be found on the programme of work of the committee, which did not meet in 2015.

In July, the African Group submitted a proposal to be considered at the General Assembly to make the IGC a standing committee, allowing the committee to avoid having to renew its mandate every two years (IPW, WIPO, 23 September 2015).

The African Group is proposing that the committee’s title become the Standing Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (SCTK).

Meanwhile, the United States in September proposed that the IGC’s work be suspended and be replaced by seminars, studies and an experts working group (IPW, WIPO, 11 September 2015).

And on 7 September, Switzerland on behalf of the Holy See, Kenya, Mozambique, New Zealand, and Norway, submitted a proposal to renew the mandate of the IGC for 2016-2017.

Side Events to the General Assemblies

On the side of the General Assembly, a number of side events [pdf] are planned, including a workshop on “Valuing IP: addressing the global challenges”; a panel discussion on “The creative process in the film industry”; a WIPO information session on “WIPO External Offices”; a technical session on “The resale right: making it work for visual artists”; and a panel discussion on “Women and intellectual property.” Another event will be the inauguration of a permanent exhibit of “WIPO Historical Documents.”

Making a rather festive atmosphere, exhibitions will be held by a number of countries, including Thailand, Czech Republic, Spain, India, Slovenia, Georgia, and South Korea.

William New contributed to this report.