New Document On Technical Assistance, But WIPO Design Treaty Still In Trouble

World Intellectual Property Organization delegates are trying to find a way out of a dividing line on how to address technical assistance in a potential new treaty on industrial designs. A new non-paper by the chair of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical indications (SCT) was released this morning. At stake is the committee’s recommendation on the convening of a high level meeting to agree on the treaty.

Informal consultations yielded a second non-paper [pdf] by meeting Chair Adil El Maliki, director general of the Moroccan Industrial and Commercial Property Office, dated yesterday, and issued this morning. A first non-paper [pdf] was tabled on 18 March to try to breach differences on how to address technical assistance in a draft treaty on industrial designs.

The aim of the non-papers, according to El Maliki, is to find consensus on principles and content of technical assistance and capacity building in what could be an article or a resolution to the treaty. This remains a stumbling block, as some developing countries, such as the African Group, insist that technical assistance should the subject of an article in the body of the treaty, and some developed countries, such as the United States, would prefer it to appear as a resolution to the treaty.

According to a developed country source, some developed countries are concerned that including technical assistance in the treaty would create a precedent. In other treaties of the same nature, such as the Patent Law Treaty, and the Singapore Treaty on the Law of Trademarks, technical assistance is addressed in an agreed statement and a resolution.

This morning, El Maliki said the second non-paper shows good progress with clearer provisions. The WIPO secretariat said a number of glitches slipped their attention, in particular the mention of Article 24 (2)(v) in paragraph 2 (b) of the non-paper should be replaced by Article 24 (1) (c).

Comments by member states after the presentation of non-paper No. 2 revealed the same positions. The African Group said having an article for technical assistance in the treaty was a matter of balance. The treaty would impose obligations on member states, and developing countries need guarantees and a certain level of certainty regarding technical assistance. They said they could not agree to recommend to the General Assembly in May to convene a diplomatic conference in 2014. The African Group was supported by Brazil.

The Asian group said they would prefer to have a legally binding provision, whether it is an article or a resolution.

Group B developed countries were of the view that the text related to technical assistance has reached a level of maturity that allows for the General Assembly to give it a final touch and called for a recommendation by the General Assembly to hold a diplomatic conference in 2014.

Canada said it was ready to negotiate an article on technical assistance at the diplomatic conference, but not before, and said it resented the fact that agreeing to an article on technical assistance has become a precondition to a diplomatic conference. The United States supported Canada, and added that there was no doubt about the importance of technical assistance, underlying the fact that the US was a frequent provider of technical assistance.