Decisions On WIPO Copyright, Trademark Committees Elusive, Consultations Ongoing

The World Intellectual Property Organization governing body started examining the work of its committees yesterday, with the hope of solving some issues that those committees were unable to solve during the year. This included the work programmes of the committees on copyright and on trademarks and geographical indications.

But in discussion, country positions were restated and the WIPO General Assembly Chair, Gabriel Duque of Colombia, agreed to allow for informal consultations on both subjects.

The 55th WIPO General Assembly is meeting from 4 -14 October.

On 7 October, the General Assembly started to tackle issues that had been left pending after the meeting of the Program and Budget Committee in September (IPW, WIPO, 21 September 2015).

In particular, the Standing Committee on Copyright and Related-Rights (SCCR) could not agree on a future programme of work at its last session in July (IPW, WIPO, 6 July 2015), and failed to provide a recommendation to the assembly.

SCCR: No Agreement On Future Work, Consultations

The SCCR is working on a treaty to protect broadcasting organisations’ rights, and on possible instruments on exceptions and limitations to copyright for libraries, archives, educational and research institutions, and persons with disabilities other than visual impairment.

The report [pdf] of the SCCR presented by Ann Leer, WIPO Deputy Director General for the Culture and Creative Industries Sector, contained a draft decision for the SCCR to continue its work on the three issues and for the General Assembly to provide the committee with guidance on future action on those issues.

Group B developed countries remarked that the SCCR, being a standing committee, did not need any specific instructions from the General Assembly to pursue its work. Developing countries, on the contrary, wish for the General Assembly to help with drafting a future work programme for the committee.

Most delegates taking the floor expressed interest in a treaty protecting broadcasting organisations, with some asking for a clear roadmap for a diplomatic conference in the next biennium, such as the Group of Central European and Baltic States (CEBS), and the European Union.

However, the subject of protection remains contentious as some countries insist on protecting signal-based transmission in the traditional sense, while others are saying the protection should cover new means of transmission as well.

On exceptions and limitations, developed countries continued to oppose treaties, and explained that the current international copyright framework already contains adequate limitations and exceptions. The European Union said such exceptions could cater to local needs, while ensuring copyright remain a reward for creativity. It would be more useful to see how exceptions can work best in the existing IP copyright framework, the delegate said. The United States also said it could not support further norm-setting work on the issue.

On the other hand, developing countries insisted on the necessity having a binding international instrument allowing for those exceptions and limitations, including Brazil, China, Iran and Ecuador, and called for text-based negotiations, which indicate preparing the text for a treaty.

The issue of future work is the allocation of time and how to proceed to address the three issues of the committee. Most developing countries would like the SCCR to give the same importance and time allocation to all three issues, while some developed countries deem that the broadcasting issue is the most advanced and should be allowed more time and dedication.

On limitations and exceptions, developed countries favouring the sharing of national experiences.

The agenda item was left open and informal consultations are expected to be led by SCCR Chair Martin Moscoso of Peru.

Committee on Trademarks: GIs, Lisbon in the Way

The United States tabled a document [pdf] in September seeking “a decision by the General Assembly that would direct the Standing Committee on the Law of Trademarks, Industrial Designs, and Geographical Indications (SCT) to review the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act) and its Regulations and to consider the systems of protection for indications of source such as certification trademarks, collective trademarks and geographical indications, while protecting the principle of territoriality and the use of common names.”

According to the US delegate during the discussion of the SCT, work on GIs and on an international register in the SCT has been blocked by some Lisbon members and the country requested the General Assembly to “unblock the SCT work on GIs.”

Australia, South Korea, Chile, and Argentina said the SCT was the right forum to address GIs, in particular because the SCT includes all WIPO members.

A number of Lisbon members, such as Italy, France, Iran, and Portugal opposed the US proposal, as well as the EU and Switzerland.

Informal Consultations Ongoing, Lisbon Prominent

Ongoing informal consultations are taking place on the Lisbon agreement-related issues, chaired by Duque. Informal consultations are also ongoing on the issue of WIPO external offices, on the SCCR work programme (chaired by Moscoso), and also on the issue of an industrial design law treaty, which is close to agreement to go to a treaty negotiation.

Lisbon-related issues are mainly preventing the adoption of the 2016/2017 program and budget of the organisation.

The US had specified six conditions in relation to the Lisbon Agreement before being able to approve the WIPO budget, one of which is now satisfied: the separation of the Lisbon Agreement and the Madrid Agreement in the program and budget (IPW, WIPO, 21 September 2015).

Other Issues

Separately, the General Assembly took note of the report of the committee [pdf] on the Law of Patents (SCP), presented by John Sandage, DDG Patents and Technology Sector.

Countries expressed their views on the work of the committee, with Group B developed countries arguing in favour of work on the quality of patents, including opposition systems, and the sharing of work between patent offices, and developing countries calling for more work on patent flexibilities, and the relationship between patent and access to medicines.

And yesterday, the WIPO membership took note of three audit and oversight-related reports.

10. Reports on Audit and Oversight

•  Report by the WIPO Independent Advisory Oversight Committee (IAOC) (WO/GA/47/2) (A/55/4);
•  Report by the External Auditor (A/55/9) (A/55/4);  and
•  Report by the Director of the Internal Oversight Division (WO/GA/47/4) (A/55/4)

Also this week, a number of chair posts have been named. In addition to GA Chair Duque, these include:

Chair Madrid system (trademarks): Miguel Angel Margain (Mexico)

Chair Hague system (designs): Sarah Ganbayar (Mongolia)

Chair Patent Cooperation Treaty (PCT): Susan Sivborg (Sweden)

Chair Lisbon (appellations of origin/GIs): Vladimir Yossifov

Vice Chair Lisbon: Olivier Martin (France)

 

William New contributed to this report.