General report

The Delegation of Belarus welcomed WIPO’s efforts to preserve and strengthen the Organization’s position as the global competent authority in IP, and to promote the development of effective IP systems at the national level. Having identified innovation development as a priority for itself, Belarus attached great importance to the role of IP in its scientific, technical, commercial, industrial, social and cultural development. During the period under review, the Government had made considerable efforts to improve the national IP system. In particular, changes to the law on trademarks and service marks, geographical indications, and plant varieties had been implemented, a new law on copyright and related rights had been enacted, and work had been completed on a law on trade secrets. All that had been intended to ensure a balance of rights and obligations, and to respond in timely manner to all stakeholders’ needs. The Government of Belarus had approved the Strategy of the Republic of Belarus in IP to 2020, which had been developed in collaboration with WIPO, and which identified State-policy priorities and relevant IP issues. In order to make more effective use of WIPO global IP systems, Belarus had completed internal procedures for accession to the Singapore Treaty on the Law of Trademarks. The Delegation furthermore cited some figures in order to illustrate how the country’s IP capacity had been enhanced. The number of applications filed by local applicants for protection of inventions in Belarus had increased by 50 per cent per annum over five years, the number of trademarks protected in Belarus had doubled, the number of applications for trademark protection overseas filed by Belarusian applicants according to international procedure had increased eightfold, and the number of registered transactions in respect of industrial property had more than doubled. Enhancing the role of IP in the emerging knowledge-based economy imposed additional requirements upon the national IP Office, both in terms of improving the quality of its functions, and in relation to the future development of activities to promote effective integration of IP management tools in the State’s social and economic policy. The Delegation expressed its appreciation to WIPO for its assistance in providing and running the automated service for industrial property, the IPAS, for trademarks, which would optimize the technological processing of applications to register such property, reducing examination times, and simplifying the process of exchanging data with WIPO, as well as assistance in implementing projects in IP education involving the WIPO Worldwide Academy. Furthermore, under the Agreement on Cooperation between the National Center for Intellectual Property and WIPO on developing the IP Office’s technical infrastructure, the creation of a system of electronic document exchange had been envisaged, in relation to which WIPO’s assistance in modernizing the Belarusian Patent Office’s infrastructure appropriately was eagerly anticipated. In conclusion, the Delegation once again thanked the Director General and the WIPO Secretariat for its productive work, and expressed confidence that the current Assemblies’ agenda would effectively address the current challenges facing national IP offices.

The Delegation of the Republic of Moldova expressed its confidence in the success of the meetings of the current Assemblies and its appreciation of the work of WIPO in preparing the meetings. It further welcomed WIPO’s efforts in support of the development of the International Patent Classification (IPC) at both the international and national levels. The global financial crisis was still having a highly negative impact on many countries, in particular in developing markets and economies in transition. Any support that encouraged the economic growth of such societies was to be welcomed. The Republic of Moldova was making sustained efforts to meet current challenges. Its objective was to create a favorable climate for innovation by offering a large spectrum of IP services to industry and research institutions. Inspired by WIPO, the country was re-evaluating its institutional capacities, and, in May 2012, had begun to implement a quality-management system according to ISO standards, in order to increase user-confidence in the quality of services provided by the State Agency on Intellectual Property. Further progress had been achieved with the launch of the e-filing procedure, which was expected to make the IP system of the Republic of Moldova more user friendly. The Republic of Moldova’s legal framework was fully compliant with international and European IP standards, progress achieved within the negotiation of EU IP protection being an important part of that process. The Republic of Moldova had been one of the many countries to sign the BTAP. The Delegation was pleased to report that its IP strategy for 2012 to 2020, devised with WIPO’s assistance, would shortly be approved by the Government of the Republic of Moldova. The Delegation stressed that the Republic of Moldova continued to focus on the consolidation of the protection of IPRs and the capacities of enforcement institutions in order to ensure appropriate implementation of IPRs for better coordination of IPR-enforcement activities. An IPR observatory had been established within the State Agency on Intellectual Property. In 2012, the Republic of Moldova had launched a public-awareness campaign to stop counterfeiting and piracy. One important event organized in Moldova as part of the anti-piracy campaign was the Inter-Regional Symposium on Enforcement of Intellectual Property Rights, to be held in October 2012. The activities carried out had been possible owing to the support of international and local partners, including WIPO. The Delegation expressed the Republic of Moldova’s sincere gratitude to the Director General and WIPO staff members for their valuable support. The Delegation recognized, however, that those actions alone were insufficient to stimulate economic growth and encourage investment, entrepreneurship and job creation. The biggest challenge was to make IP a tool for achieving the difficult task of fostering national economic development and the Republic of Moldova was relying on the support of WIPO and other development partners in carrying out that task. The Delegation stressed that WIPO could and should become an important forum for the sharing of knowledge and best practices in the field of innovative economic development. It fully supported the implementation of DA programs. The Republic of Moldova was confident that, with shared effort, the environment and lives of all could be improved. The Delegation concluded by wishing WIPO and the Member States constructive and productive work during the meetings of the Assemblies.

The Delegation of Argentina endorsed the statement delivered by the Delegation of Peru on behalf of GRULAC and recalled that the DA was now five years old, given that in 2007, that very same Assembly had adopted the 45 recommendations for mainstreaming the development dimension into the Organization’s activities. It acknowledged the efforts made by the Members and the WIPO Secretariat, under the guidance of the Director General, Mr. Francis Gurry, to incorporate those recommendations in all of the Organization’s activities. Although the last five years had been auspicious, that was only the beginning and much remained to be done in order to ensure that development was mainstreamed at WIPO, as several Delegations had indicated clearly in their statements. Argentina supported the establishment of a balanced, accessible IP system at the international level which would stimulate innovation and contribute to economic development while safeguarding the public interest. The Delegation said that it was essential to begin by identifying the specific needs and challenges of developing countries, which had to be reflected in the establishment and safeguarding of the requisite flexibilities, exceptions and limitations to ensure that those same countries were able to introduce national policies that met their economic, cultural, technological and social requirements. In that respect, the work done by the SCCR pertaining to exceptions and limitations was closely tied to the general principles of the DA. Notwithstanding the progress made towards the adoption of a treaty on limitations and exceptions for people who had difficulty accessing printed texts, no tangible results had been achieved to date. The Delegation hoped that in 2012, the Members would finally display the necessary political will to convene a diplomatic conference in 2013. It added that Argentina hailed the work done by the WIPO Academy, and hoped that that body would be able to count on the vital support of the Organization and its Members so that it could make progress with its work, which was essential for the developing countries. The Delegation also highlighted the efforts made by the Regional Bureau for Latin America with regard to cooperation and technical assistance, in particular its support for the various initiatives in the region, such as Pro_Sur and the Ibero-American Program for Industrial Property and Promotion of Development. However, as GRULAC had noted in its statement, it was necessary to earmark the resources required to meet growing cooperation needs in the region. Paying for experts from national capitals to attend WIPO meetings was a key aspect of such cooperation, which in the Delegation’s view should be reinforced. All that would help to demonstrate that WIPO was a genuine instrument for the development of the developing countries.

The Delegation of Colombia recognized the Director General’s commitment to policies for the protection and promotion of IP and welcomed the successful outcome of the Beijing Diplomatic Conference, which had led to the signing of the BTAP. That success was due to the political will displayed by the Member States and the role played by WIPO under the leadership of its Director General. The Delegation said that, by signing the Treaty, Colombia had ratified its commitment to safeguard the rights of performers, obtaining a clear legal tool for the international use of audiovisual productions in both traditional and digital networks. Likewise, the Delegation recognized the significant progress made in the copyright field. In particular, it expressed an interest in the development of a legally binding international instrument for the visually impaired, reiterating the appropriateness of convening a diplomatic conference in 2013. It was essential for States to achieve that goal. The Delegation wished to share its satisfaction on having acceded to the Madrid Protocol on August 27. Implementation had been facilitated with the support of WIPO. Following its accession to the Protocol, Colombia was now a party to 10 treaties administered by WIPO, which reflected the importance it attached to IP protection policies, designed inter alia to boost innovation and creative work. On a general note, the Delegation acknowledged the constant support provided by WIPO in the field of legislative assistance, which had facilitated the effective implementation of the free trade agreements in force in the country. It said that Member States had a duty to keep moving forward in the discussions on all topics within the various committees. Even though positions differed in many cases, it was necessary to keep looking for comprehensive solutions, through constructive dialogue. In particular, the Delegation referred to the mandate given to the IGC. It said that the time had come to establish a work agenda that would make it possible, in 2013, to obtain sufficiently mature legal texts to consider convening a diplomatic conference. Within the IGC, it was necessary to conclude the discussion on the various subtopics and to move towards binding international instruments. As for development-related topics, the Delegation emphasized the importance that Colombia attached to its experience with the pilot project for national academies. The National Intellectual Property Academy had become a forum for debate and a vital and relevant tool for capacity-building and national development. The Academy also served as an example in the region as regards the establishment of structures and the institutionalization of activities to promote and teach IP. The Delegation therefore expressed its appreciation for WIPO’s support of the project, its positive impact on the country in terms of institutional capacity-building, and the vital need to ensure further support. It emphasized the need to strengthen programs for cooperation and coordination of efforts between industrial property offices, with a view to reducing duplication of work, facilitating trade and supporting innovation. Finally, the Delegation endorsed the statement delivered by the Delegation of Peru on behalf of GRULAC.

The Delegation of Iran (Islamic Republic of) aligned itself with the statement made by the Delegation of Brazil on behalf of the DAG. IP resulting from human creativity was among the most valuable of all assets, but that should not distract from the negative impacts it might have on contemporary life. IP’s dual role had to be borne in mind in relation to global challenges such as climate change, food security and public health. WIPO could play a significant role in that area by adopting a balanced approach in its norm setting activities. It was also necessary to establish an appropriate mechanism – giving due consideration to varying levels of national development – that would strike a balance between the interests of IP owners and the rights of communities. The IP system should have a development oriented approach, which would improve the economy and welfare of developing countries as well as increase their participation in protecting such rights. The 2007 WIPO DA had been a watershed in the Organization’s history. The Delegation hoped that the “mainstreaming of development across different areas and bodies of WIPO” would ultimately be achieved. The Delegation attached great importance to the effective protection of IP in relation to GRs, TK and TCEs. The text based negotiations of the ICG should, therefore, further progress in line with the Committee’s approved mandate. The upcoming sessions should be increased in number so that one or a number of internationally binding instruments could be finalized in order to result in a diplomatic conference. The Delegation expressed its appreciation for the conclusion of the BTAP. It hoped that another diplomatic conference would be convened to finalize the long overdue treaty on the protection of the rights of broadcasting organizations. The Delegation noted with appreciation the progress made by the SCCR in developing an internationally binding instrument on limitations and exceptions for visually impaired persons. It called on the Committee to continue to work on the expansion of limitations and exceptions to cover libraries, archives and training institutes. Iran (Islamic Republic of) believed the SCP and the Patent Cooperation Treaty PCT should make the DA a priority and take into consideration the special needs and different levels of development of certain countries in order to improve the patent system. The Delegation considered it was time thoroughly to revise the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration and the Regulations thereunder, noting that procedural and substantive revisions were needed, whereas the principles and objectives of the Agreement should be maintained. The Delegation also supported the establishment of an international registration system for geographical indications. Iran (Islamic Republic of) had taken steps in the past year further to develop and strengthen its IP system. A bill permitting the country’s accession to the Berne Convention for the Protection of Literary and Artistic Works and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations had been prepared, along with other national bills relating to a comprehensive national law for the protection of literary and artistic works and a law for the protection of plant GRs. Iran (Islamic Republic of) had collaborated with WIPO on various projects, including the reform and improvement of patent, industrial design and trademark processes; the expansion of online customer services, and; the organization of national conferences on industrial, literary and artistic works. Those conferences had included a seminar on the use of IP to protect Iranian hand-woven carpets and a national seminar on formulating IP strategy and had generated much public attention concerning IP issues. In the Delegation’s opinion, certain countries had attempted to

manipulate WIPO’s procedure for providing technical assistance to the IP offices of its Member States. It appeared that those countries had sought to make the Organization an instrument for the extraterritorial application of their domestic laws. The Delegation was confident that WIPO, as a technical UN specialized agency, would continue to carry out its duty effectively to promote IP by providing support and technical assistance to its members, in particular developing countries.

The Delegation of the United Kingdom supported the statements made by the EU Presidency and by Group B. The past year had been a significant one for WIPO and its Member States. The conclusion of the BTAP after years of negotiations and so long after the WIPO Internet Treaties was a considerable achievement. However, challenges remained, such as the issue of significant gaps in the global IP framework and the task of improving existing systems. The Delegation believed it was important to continue to boost growth and innovation. IPRs supported economic growth by encouraging investment in new technologies, brands and the creative industries. World trade in intangibles and innovative products continued to grow, with global trade in IP licenses alone being worth more than GBP 600 billion a year (five per cent of world trade and rising). WIPO played an important role as the only international forum dedicated to IP. There was considerable momentum following the conclusion of the Beijing Treaty and the Delegation wished to build on that to benefit users of the IP system around the world. The time was ripe to demonstrate the significance of IP as a tool which could and should support global economic development. The Delegation hoped WIPO would make further progress over the coming year. It strongly supported the finalization of a treaty on industrial design formalities, believing it would bring real benefits to some of the most innovative businesses, as well as enabling further international trade and investment. The Delegation looked forward to agreement on an instrument to allow access to copyright-protected works for visually impaired persons. With appropriate safeguards, that treaty would improve access to information without damaging existing business models. The Delegation believed that agreements in those areas were within reach and hoped that all could work together to achieve them. As to the international regimes already in place, they should not be neglected. The United Kingdom, along with others, had proposed improvements to the PCT system earlier on in the year, which it hoped to work on with other Member States. It was important to continue to reform and improve the way everyone worked together. The Delegation called for WIPO committees to be allowed to work on issues of substance in a constructive manner. With the right leadership and support from Member States, WIPO had the potential to build on the progress made to create a global IP system that worked for all concerned. That would require building effective, dynamic consensus, which would take commitment and persistence from all involved. The Delegation wished to see the business sector engage more with WIPO in order to improve the decision-making process. Businesses could contribute significantly to WIPO discussions. The WIPO Secretariat had made significant internal reforms and provided a high standard of service to Member States and business customers. The Delegation hoped those reforms would continue.

The Delegation of Malaysia associated itself with the statements delivered on behalf of ASEAN, and expressed satisfaction with the progress made by WIPO in the implementation of the MTSP, as 75 per cent of the 298 performance indicators had been assessed as fully achieved. In the previous 12 months, WIPO had made impressive progress by concluding the BTAP and would also shortly conclude treaties for the protection of broadcasting organizations as well as for visually impaired persons. The Delegation further expressed its satisfaction with progress in the framework of the DA, where 45 recommendation clusters had been adopted in six areas of activity, and the assistance extended to Member States had been successful. The CDIP had proven to be an effective mechanism for coordinating, monitoring and assessing the implementation of the DA. The financial crisis was affecting major economies in Europe and was a cause of concern for all other countries as well as for WIPO. Despite the economic crisis, WIPO had remained independent by drawing most of its funding from PCT filings, which had remained at a high level. Unlike other UN organizations, WIPO had not incurred a significant loss of staff. The Delegation further acknowledged the positive operational expenditure compared to the approved budget for 2010/2011 as a result of prudent financial management. There remained areas that needed improvement in the IGC. As an active participant in the deliberations since 1997, Malaysia had supported the work of the IGC and hoped that concrete conclusions could be reached by Member States. Since becoming a Member State of WIPO in 1989, Malaysia had achieved considerable progress in the field of IPRs through the assistance provided under various IP-related initiatives. The existing IP system was being brought into line with the latest technology and up to par with international treaties. Amendments to the Copyright Act had been passed by the Malaysian parliament and had come into force on March 1, 2012. Through the introduction of strong enforcement provisions in the Act, since April 30, 2012, Malaysia had no longer been on the USTR Special Report 301 watch list. A new provision regulated collective management organizations, thereby ensuring transparency and good governance. In addition, Malaysia had recently sought to accede to the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), and was in the process of amending the Trademarks Act, Patents Act and Industrial Designs Act to comply with the Madrid Protocol, the Budapest Treaty and the Protocol Amending the TRIPS Agreement on Public Health, respectively. Public consultations had been conducted to ensure that the amendments were in line with international IP developments while meeting stakeholders’ needs. Malaysia had welcomed the Director General on an official visit during which several areas of technical assistance had been discussed. An Official Journal system had been launched to facilitate online access to information on trademarks, patents, industrial designs and geographical indications. Malaysia had hosted several regional seminars and workshops on IP rights during the year, thus providing a platform for participants from various countries to share information through discussions on related issues. There had been an excellent response to outreach programs on social media such as “Facebook”, “Twitter”, “YouTube” and “Flickr”, as well as to the bi-annual MyIP Bulletin covering national and international IP events. The Delegation viewed such events as an endorsement of the IP system developed in Malaysia with the assistance of WIPO. Seeking continuous WIPO assistance was crucial to empowering Member States with IP mechanisms to achieve economic, social and cultural development. Malaysia was committed to ensuring that WIPO’s responsibilities and obligations were met. Furthermore, it was ready to collaborate with other Member States.