General report

The Delegation of Australia hailed the results achieved by WIPO over the past year and welcomed the solid progress made in terms of normative work, in particular with regard to the BTAP. The Delegation reiterated Australia’s commitment to advancing the work of the SCCR and, while urging Member States to build on the progress made, stressed that Australia supported the treaty on copyright exceptions and limitations for the visually impaired. The work of the IGC was a priority issue for Australia. It was important for Member States that the current Assemblies gave rise to a clear sense of how to move the work forward, as the issues requiring resolution in the IGC had been identified and progress was needed in respect of policy solutions. The Delegation confirmed its support for WIPO’s DA and noted Australia’s commitment to assisting LDCs and developing countries through the establishment of the WIPO Australian Funds-in-Trust, observing that the Funds would support those countries as they put in place IP regimes and built capabilities facilitating innovation, creativity, investment and technology transfer. The Delegation mentioned Australia’s close cooperation with neighbors in the Asia-Pacific region on IP issues and highlighted the ongoing development of a regional patent examination training program for overseas IP offices that aimed to enhance patent examination standards and lead to the grant of higher quality patents, as well as to increase business confidence throughout the region. The Delegation also hailed the collaboration with WIPO of the Vancouver Group – comprising the Canadian IP Office (CIPO), IP Australia and the United Kingdom IP Office (UK-IPO) – with regard to the development of an information technology (IT) platform called the Centralized Access to Search and Examination system (CASE). That system was designed to eliminate duplication in the patent prosecution process and the real benefits achieved since its launch in March 2011 had been available to any IP office on an opt-in basis since the Stage 2 rollout of CASE in June 2012. The Delegation described recent reforms to Australia’s IP system as striking an appropriate balance between rights and responsibilities by raising the quality of granted patents, reducing barriers facing researchers and inventors and strengthening penalties for counterfeiting. In closing, the Delegation confirmed Australia’s willingness to work with WIPO and the Member States to deal with challenges concerning the international IP system and to promote innovation and development across all economies. Furthermore, Australia endorsed the Group B statement delivered by the Delegation of the United States of America.

The Delegation of Singapore highlighted the successful conclusion of the Diplomatic Conference on the Protection of Audiovisual Performances. The BTAP filled a long-standing gap in the protection of such performances, as well as reaffirming the key role played by the WIPO in norm setting at the global level. Singapore was honored to have been part of that process. The Delegation also appreciated WIPO’s leadership in reaching an early conclusion on other areas of work, for example, the designs treaty, copyright limitations and exceptions, TK, TCEs and GRs. The CDIP was congratulated on its work and on the progress made in mainstreaming WIPO’s DA. The WIPO Singapore Office had already made great strides in advancing the DA in the Asia-Pacific region and had, in 2010/2011, reached out to more than 450 policy-makers and other IP stakeholders in 27 countries. Targeted capacity building programs had been completed in six countries in the region. The consultation meeting between the Director General of WIPO and the Economic Ministers of ASEAN held in Cambodia in August 2012, had been a timely exchange of views on IP. The member states of ASEAN were committed to working towards accession to all WIPO administered treaties and conventions. Good progress had been made on IP and development and the Delegation looked forward to the WIPO Singapore Office playing a larger role in developing IP development programs with an even wider reach. The ideas exchanged between East and West had made Singapore what it was. The country recognized the importance of the enforcement, development and administration of IPRs and related activities. Small nations seeking to move up the value chain in order to find a competitive niche in the global economy were dependent on an open, transparent international trading system, governed by well defined rules and regulations. Singapore relied on close cooperation with other WIPO Member States. In July 2012, Singapore, ASEAN, the WIPO Singapore Office, the EPO and the Japan Patent Office (JPO) had organized a series of events as a part of the inaugural IPWeek@SG 2012. Over 500 delegates from more than 20 countries had taken part in various activities and seminars designed to raise awareness about IP. The Delegation thanked all those who had participated in those events for having shared their expertise. In order to raise the quality of its IP regime and align practices with those of regimes around the world, Singapore was moving to a “positive grant” patent system and building an indigenous patent examination team. Second, it was opening up its professional service sector by allowing foreign-qualified patent agents to register in Singapore to undertake patent work offshore. Third, Singapore had harmonized several of its electronic registry systems to make it easier for users to carry out transactions and to access IP related information. Fourth, Singapore had brought its IP Academy under the wing of the Intellectual Property Office of Singapore (IPOS) to help focus, synergize and better strengthen capacity-building efforts. Fifth, additional services had been provided by the WIPO Arbitration and Mediation Center following the signing of an Memorandum of Understanding (MoU) by WIPO and IPOS in 2011. Singapore was also honored to have been chosen to host the first arbitration workshop to be held outside of Geneva and was confident that the WIPO Arbitration and Mediation Center would make a positive impact in Asia. The Delegation appreciated the Secretariat’s assistance in helping countries in the region to make the most of IP. WIPO had played and would continue to play an important role in the collective journey towards regional collaboration and sustainable development.

The Delegation of Viet Nam associated itself with the statement made by the Delegation of Singapore on behalf of the ASEAN Group. Positive results had been achieved in every area of activity of WIPO. In particular, the Delegation welcomed the success of the Diplomatic Conference on the Protection of Audiovisual Performances and the conclusion of the BTAP, which provided a clearer legal basis for the international use of audiovisual productions. The Delegation took note of the progress made by the SCCR with regard to copyright exceptions and limitations for visually impaired persons. The work of the SCT on trademark law and that of the IGC on the protection of GRs, TK and TCEs, was also praised. The implementation of the DA had led to positive outcomes for developing countries. Viet Nam was involved in a number of activities under the DA, including: a product branding project, as a part of which three Vietnamese products were selected, and; the Specialized Databases’ Access and Support project, which provided the National Office of Intellectual Property (NOIP) of Viet Nam with access to international specialized databases. The project on enhancing south-south cooperation on IP and Development among developing countries and LDCs would create a channel for developing countries and LDCs to cooperate and share views on various aspects of IP. Viet Nam recognized the role of IP as a tool for promoting innovation and creativity and the social and economic development of the country. That recognition was reflected in Viet Nam’s Socio-Economic Development Strategy towards 2020, which made clear the intention to focus more on the development and exploitation of IP assets. Furthermore, the Science and Technology Strategy towards 2020 required the formulation of a National IP Program to seek effective ways of using IP for the development of science and technology in particular and socio-economic development in general. Moreover, Viet Nam had extended its National Program on IP Assets Development to its second phase for the period 2011 to 2015. The aim of that move was to provide continued support for public awareness-raising activities and the creation, protection, management and exploitation of IP assets.

The Delegation of Nepal stated that it had faced a multitude of development challenges and underlined the need to develop a sound and viable innovation and technological base in order to advance development efforts. Nepal required support in order to build human, institutional, and physical infrastructure and the capacity to be able to harness the opportunities provided by innovation and technological development. There was a need for a fair and equitable IP regime to bridge the technological gap in knowledge and the digital divide between the LDCs and the rest of the world through concrete support measures, including the transfer of technology. Such support measures should address the structural weaknesses in LDCs. WIPO had made a substantial contribution to the implementation of the Istanbul Declaration and Programme of Action (IPoA) for the LDCs for the Decade 2011/2020 in the areas of science, technology and innovation. The Delegation emphasized the need for effective implementation of the 2009 Ministerial Declaration on Intellectual Property for the LDCs: An Agenda for the Strategic Use of Intellectual Property for Prosperity and Development of the LDCs, as well as for an effective follow up of the recommendation process. Nepal attached great importance to the work of the Standing Committees and stressed that WIPO should underpin a balanced approach to the protection of IPRs and the broader public good. The successful conclusion of the 2012 Diplomatic Conference on the Protection of Audiovisual Performances had set a good example, showing that, where there was the will and commitment, the ongoing work in the various Committees could be expedited to achieve a balanced conclusion. The conclusion of binding international treaties on TK, GRs and TCEs would be an important step. The Delegation highlighted the fact that the first IP policy objective was to provide effective and adequate protection for all categories of IP rights, by: respecting the rights of IP creators, as well as the broader needs of society; developing HRs; establishing compatibility of legislation within relevant international treaties, and; strengthening capacities to enforce IP rules. The Delegation noted that efforts had been made to modernize IP offices. Under the Patent, Design and Trademark Act and the Copyright Act, fees for the registration and renewal of IPRs were the same for foreign and domestic applications. All cooperative works were entitled to automatic protection and criminal and civil litigation was available. Consultative meetings had been held to discuss and devise a comprehensive IP policy and the Government of Nepal was working to establish an integrated IP office to administer all sectors of IP through a single facility. The automated system for the registration of marks was operating well. The Delegation stressed Nepal’s further need for support in building operating systems and increasing capacity in the fields of TK, GRs, copyright and related rights, as well as in other areas of IP.

The Delegation of the Democratic Republic of the Congo reaffirmed the determination of its Government to make IP a major asset, if not an added value, with a view to promoting development in a country whose Head of State, Mr. Joseph Kabila Kabange, was unquestionably succeeding in his reliance on modernity and genuine democracy, with a view to the emergence of a democratic Congo by the year 2030. The Delegation recalled that it was under his urging that the Prime Minister, Mr. Augustin Matata Ponyo, had included in the Government’s program such high-priority areas as access to foreign and domestic technology, investment facilitation by means of an improved business climate, innovative activities in all sectors, and stronger protection of knowledge within an appropriate institutional and legal framework. The Delegation stressed that it was with that in mind that special attention had been paid to the TISC established in accordance with Recommendation No. 8 of the WIPO DA. It explained that the Government of the Democratic Republic of the Congo was hoping that the project for that support structure could be finalized with the assistance of WIPO and the country itself. With regard to IP, the Delegation added that the Democratic Republic of the Congo, a State based on the rule of law in the heart of Africa, was giving priority to the protection of all works of the mind, in particular the arts and music, with a view to combating and eradicating counterfeiting in all its forms.

The Delegation of Costa Rica said that for innovation and creativity to develop, it was essential to ensure that IP was viewed as a factor of development, and was therefore managed, promoted and safeguarded by appropriate national policies. It added that in 2010, the Interagency Committee for Intellectual Property had been established. Its goals were, inter alia, the coordination of efforts and the promotion of innovation and creativity. The Delegation also noted that in the past two years, work with WIPO had played a very important role, and expressed appreciation for the support received from the Organization and its employees. The Delegation wished to highlight three major achievements and one somewhat negative point. In March 2012, with input from the Secretariat, the national IP strategy had been launched with WIPO’s support. That strategy was integrated into national public policy, and was primarily designed to coordinate efforts and promote the use of IP in research, trade development, and promotion of creative initiatives. The strategy emphasized the importance of IP as a means of enhancing competitiveness and innovation and promoting the country’s social, economic and cultural development. The National Intellectual Property Academy had also been established to complement the strategy for providing training in that area, and classes had been offered on patents, flexibilities, classifications and technology transfer. In addition, a TISC had been established at the National Registry, and a network of peripheral centers was being set up in universities. The Delegation noted that Costa Rica required the continued support of WIPO for that process. It added that a Subregional Seminar on Intellectual Property and Sports had been successfully organized in San José, which provided a good example of the search for options to strengthen sports as a factor of development and to diversify the national sports industry. The Delegation then referred to the less positive point with regard to relations with WIPO, namely, the IPAS, a system for the computerization of industrial property. It was conceptually valid, but in the light of Costa Rica’s experience with its implementation, the model was defective, as the Delegation had informed the persons in charge and even the Director General. There was a need for WIPO to change the IPAS management model to a more flexible system that met users’ real needs, rather than suiting the perceptions of just a few WIPO staff members. The Delegation noted that it had increased its presence in the majority of WIPO fora, and attached special importance to the following points: (1) progress made towards an international instrument for the visually impaired and the possibility of convening a diplomatic conference in 2013; (2) the work done in the IGC; in that respect, the Delegation supported the idea of rethinking the work of that Committee so that it could meet its target aims; (3) the outcome of the Beijing Diplomatic Conference, which it deemed very important; in that respect, the Delegation observed that Costa Rica was a signatory to the Treaty; and (4) the high-level meetings which had taken place in Central America to reinforce the benefits of IP and which had been attended by Ministers and the Director General, whom it thanked for their commitment to the region. In 2013, Costa Rica would host the third such forum, which would also include an innovation fair, with input from the enterprise sector, especially SMEs. Another extremely important point for the Delegation was south–south cooperation, a subject which had given rise to a very interesting meeting the previous Friday. The Delegation concluded by reiterating Costa Rica’s commitment to keep growing with WIPO’s support in the fields of innovation, creativity and protection of IP rights.

The Delegation of Spain said that it fully endorsed the statements made by the Delegation of Cyprus, on behalf of the EU and its member states, and by the Delegation of the United States of America, on behalf of Group B. It congratulated the Secretariat and the Member States on the successful adoption of the BTAP, and was confident that the so-called “spirit of Beijing” would continue to guide the discussions and negotiations. The Delegation wished first of all to underscore the importance, in its view, of multilingualism within the UN system. It recognized and appreciated the progress which WIPO had made in broadening the use of the officially recognized languages in its language policy, and hoped that that would continue to be the case. It further noted that at a time when increasing emphasis was being placed on economic issues, it was essential to avoid the mistake of associating language policy solely with high costs and therefore making cuts that could affect quality standards. As with all policies, there was ample room for rationalizing expenditure. That being so, the Delegation fully supported steps to limit the number and length of documents, increase the organizational efficiency of meetings and encourage computerization, especially within the framework of the Madrid System for the International Registration of Marks, for example. Those improvements would no doubt make it possible to optimize expenditure without affecting the quality of translations, the timely availability of documents and equal treatment for all official languages, all of which were key aspects which gave real substance to the language policy. Second, the Delegation considered that the time had come to launch a major process of discussion followed by action, in order to rethink various organizational aspects that would help ensure better management of meetings. Meetings were very frequent, and sometimes sessions of two major committees were even held simultaneously. There was a constant tendency to hold more and longer committee sessions, to increase the number and volume of topics and documents to be dealt with, and, finally, to have sessions go on into the early hours of the morning, sometimes including weekend sessions. The Delegation considered that, without jeopardizing the common goal of making progress in the different areas covered by WIPO, there was a more efficient way of organizing such meetings and avoiding certain related shortcomings. That key point had to be discussed by both the Secretariat and the Member States, not only because of its budgetary implications, which were many and quite important, but also because it directly affected States’ vital efforts to follow up, seek information and participate in the Organization. Third, and in relation to the foregoing points, there was the key issue of WIPO’s financial sustainability. The Delegation was mindful that the world economic crisis had not affected patent applications as directly as it had affected other fields, and that income forecasts for the current year were being met. Yet it would be a mistake to think that financial analysis ended with such temporarily positive data. In recent years, the Organization had adopted budget deficits which it had only managed to cover by drawing on the reserves, and the transition to IPSAS had not been completed because financial statements did not yet include future pension-related commitments. The accounts included what was perhaps a slightly optimistic valuation of the Organization’s real property assets. Finally, there was insufficient awareness of the need to identify structural policies of efficiency and cost savings flowing from prudent financial management which reflected not only the foregoing risks but also the fact that the world economic crisis was likely to continue. The Delegation appealed to the Secretariat and the Member States to ensure that, when it came time to analyze the economic and financial data of the Organization, an exclusively short-term approach did not prevail and that every effort would be made to prepare for a present and a future in which WIPO, like many States and international organizations, would have to cope with shortages and limited resources.

The Delegation of Jamaica commented that the Fiftieth Series of Meetings of the Assemblies of Member States of WIPO, coincided with the 50^th anniversary of the country’s independence. Progress on IP issues was one of the pillars of economic development in Jamaica, as reflected in its Government’s long term development plan. The Delegation commended WIPO for the successful conclusion of the BTAP, which it considered to be a very important and beneficial instrument for the protection of the IP rights of the country’s performers and their audiovisual performances. Jamaica was proud to be among the 48 Member States signatories to the treaty. It continued to participate actively in the meetings of the IGC, which had made substantial progress on the issue of GRs. The Delegation hoped that the work of the IGC would be concluded in a timely manner and that the Assemblies would support the recommendation for the continuation of the process in 2013 in anticipation that following on from the success of the Beijing Treaty, other treaties might be concluded. Jamaica had also been active in the SCT and, along with Barbados, had kept the issue of country names on the agenda. At the 27^th session of the SCT, the Secretariat had been requested to carry out and submit to the 29^th session of the SCT a study on the existing legislative protection afforded to country names from their registration and use as trademarks or elements of trademarks. Jamaica had made significant progress on trademarks administration. For the first time, joint consultations had been held with the legal fraternity and the business sector as a step towards accession to the Madrid Agreement Concerning the International Registration of Marks. The Minister of Industry, Investment and Commerce had subsequently announced that Jamaica would accede to the Agreement on the condition that the necessary amendments to the Trademarks Act were made beforehand.

The Delegation of Chile said that it appreciated the Director General’s efforts to successfully guide the implementation of the MTSP. It noted that in WIPO, as with any institution, it was people who could make the difference, stressing that a climate of mutual trust was vital if WIPO were to retain its role as the leading IP forum in the 21^st century. That favorable climate had led to the successful conclusion of the Beijing Treaty and to significant progress in the work of the SCCR, the CDIP, the IGC and the SCT. However, the Delegation noted that the Organization faced major challenges in the future. The next such challenge was the convening of a diplomatic conference in 2013 to draft a treaty for the visually impaired. That would be a milestone in the development of the multilateral IP system and would show that IP could be developed without hindering access to such essential goods as reading and information. The Delegation further hoped that agreement could be reached in other areas, such as industrial designs or instruments to ensure effective protection of GRs and TK, both of which were major challenges. It added that the successful outcome of those initiatives would depend to a large extent on the role that WIPO would play in the knowledge-based society. Chile would continue to do its utmost to strengthen WIPO and to promote a balanced multilateral IP system. The Delegation said that Chile had declared 2012 as the Year of Entrepreneurship and 2013 as the Year of Innovation. At present, more than 20 ministries were working towards that goal. It had already been possible to identify over 100 initiatives leading to a strategy of innovation and entrepreneurship over a 10-year and a 20-year time frame, in which IP was instrumental for promoting innovation, entrepreneurship and creativity. The Delegation explained that Chile had made significant progress with regard to IP in both the public and private sectors. Likewise, it had earmarked considerable sums for completely updating the technological platforms of its offices in cooperation with WIPO, and had undertaken a comprehensive overhaul of the IP system. The Delegation noted that in that context, the priority for the Year of Innovation was recognition of the National Industrial Property Institute of Chile (INAPI) as an ISA and for PCT international preliminary examination. That was a logical outcome of the Government of Chile’s policies to promote the strategic use of IP. INAPI had all the necessary technical capacities for carrying out such work; as an ISA, it would facilitate and promote the use of the patent system throughout the region, contributing its experience and vision to the PCT system. The Delegation expressed its thanks to GRULAC for its support and to all the countries of Europe, Africa, Asia and North America which had confirmed their support for Chile’s application.