WIPO Assembly Snapshot: Decisions Adopted; Budget, Traditional Knowledge, Designs Still On Table

With three days remaining at the annual World Intellectual Property Organization General Assembly, delegates are still seeking agreement on the 2018/2019 budget, the mandate of the committee on the protection of genetic resources and traditional knowledge, and an update to the international treaty on design law. A number of decisions have however been approved, as WIPO committees reported on their activities.

The WIPO General Assembly is taking place from 2-11 October.

Each year, WIPO committees report on their activities and recommendations to the General Assembly. This year, the Assembly was mainly expected to note the reports of those committees, except for the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC). Outstanding issues are the subject of informal negotiations during the day today. At the end of the day today, the heads of delegations are requested by the Assembly chair to meet in a special meeting.

SCCR

The General Assembly approved the decision paragraph prepared in the meeting document [pdf] Standing Committee on Copyright and Related Rights (SCCR), which suggested to take note of the report of the committee and continue work on the topics currently on the agenda. No agreement could be found at the last session of the SCCR on the work programme. The five topics are: Broadcasting; Limitations and exceptions for libraries and archives; Limitations and exceptions for educational institutions and research institutions and persons with disabilities other than visual impairment; resale rights; and analysis of copyright related to the digital environment.

SCP

The Standing Committee on the Law of Patents (SCP) had already agreed on a work programme at the last session of the committee and the General Assembly just took note of the report [pdf] of the committee.

SCT

The General Assembly also took note of the report [pdf] of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT), leaving the issue of the design law treaty to informal discussions on the convening of a diplomatic conference (treaty negotiating meeting). The next SCT session from 30 October – 2 November will have to decide on a work programme on geographical indications, which could not be done at the last session of the SCT.

CDIP

The report [pdf] of the Committee on Development and Intellectual Property (CDIP) and Review of the Implementation of the Development Agenda Recommendations was noted by the General Assembly.

Budget, IGC, Design Treaty still under Discussion

This morning, reports were given to the WIPO member states on informal consultations on issues still open, such as on the 2018/2019 budget, whether or not a high-level negotiating meeting should be convened to adopt a new treaty on design law, and what the mandate and work programme should be for the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC).

Delegates chairing the informal discussions all reported progress but confirmed that issues were still open and no common decisions could be reached yet.

Adil El-Maliki, director general of the Moroccan Industrial Property Office, chair of the SCT who is chairing the design law treaty talks said the discussions focused on the disclosure requirement. Some countries would like the treaty to include a disclosure requirement in industrial design applications, others are resisting it. This item is one of the two remaining issues blocking the way to a diplomatic conference. The other one is whether an article on technical assistance should be included in the text of the treaty.

Ian Goss of Australia, chairing the discussion on the IGC, said a second draft of the mandate was issued on Friday on which a number of key elements have yet to be agreed. The draft decision is here (Knowledge Ecology International).

Other Issues

Still under discussion is the matter of which countries should be hosting the next WIPO field or external offices. General Assembly Chair Latvian Ambassador Jānis Kārkliņš is leading the discussion and said a proposal has been put forward but the Asia and Pacific Group could not yet agree to it. IP-Watch will be reporting further on this during the week.

The General Assembly still has to nominate delegates for vacant seats on the WIPO Coordination Committee, and on the Program and Budget Committee. Last week, the Asia and Pacific Group challenged the composition of those committees, saying they are underrepresented (IPW, WIPO, 6 October 2017).

Kārkliņš explained that the PBC conducts work in an open fashion, and although PBC members are elected by the General Assembly for two-year terms, every WIPO member can participate “and freely express” themselves including on decision making. He confirmed that there are no specific rules governing the choice of PBC members, and “customary laws” have been followed until now.

The Asia and Pacific group this year proposed 11 candidates instead of the 9 candidates they are allocated under this customary law, he said.

Discussions around new numbering rules for the 2019 General Assembly for both committees are being organised, he said.

 

Image Credits: Catherine Saez