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A/50/18
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ORIGINAL: ENGLISH
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DATE: OCTOBER 9, 2012
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Assemblies of the Member States of WIPO
Fiftieth Series of Meetings
Geneva, October 1 to 9, 2012
GENERAL REPORT
adopted by the Assemblies
TABLE OF CONTENTS
Paragraphs
INTRODUCTION 1 to 6
ITEMS OF THE CONSOLIDATED AGENDA
Item 1: OPENING OF THE SESSIONS 7 to 8
Item 2: ELECTION OF THE OFFICERS 9 to 11
Item 3: ADOPTION OF THE AGENDA 12 to 13
Item 4: DIRECTOR GENERAL’S REPORT 14
Item 5: GENERAL STATEMENTS 15 to 144
GOVERNING BODIES AND INSTITUTIONAL ISSUES
Item 6: ADMISSION OF OBSERVERS 145 to 149
Item 7: DRAFT AGENDAS FOR THE 2013 ORDINARY SESSIONS OF
THE WIPO GENERAL ASSEMBLY, THE WIPO CONFERENCE,
THE PARIS UNION ASSEMBLY AND THE BERNE UNION
ASSEMBLY 150 to 151
PROGRAM PERFORMANCE AND FINANCIAL REVIEW
Item 8: PROGRAM PERFORMANCE REPORT FOR 2010/11 152 to 164
Item 9: 2011 FINANCIAL STATEMENTS AND THE STATUS OF
THE PAYMENT OF CONTRIBUTIONS 165
Item 10: STATUS OF UTILIZATION OF RESERVES 166 to 171
Item 11: FINANCIAL OVERVIEW FOR 2012; PROGRESS REPORT ON
THE IMPLEMENTATION OF COST EFFICIENCY MEASURES 172 to 182
Item 12: FINANCIAL MANAGEMENT REPORT FOR THE 2010-2011
BIENNIUM 183 to 188
Item 13: REPORTS OF THE EXTERNAL AUDITOR 189
Item 14: PROPOSED AMENDMENTS TO THE FINANCIAL REGULATIONS
AND RULES (FFR) 190
Item 15: LONG-TERM FINANCING OF AFTER-SERVICE HEALTH
INSURANCE (ASHI) IN WIPO 191 to 195
PROGRESS REPORTS ON MAJOR PROJECTS
Item 16: FINAL PROGRESS REPORT ON THE IMPLEMENTATION OF IT
MODULES TO ESTABLISH COMPLIANCE WITH THE NEW
FINANCIAL REGULATIONS AND RULES (FRR) AND
INTERNATIONAL PUBLIC SECTOR ACCOUNTING
STANDARDS (IPSAS) 196 to 199
Item 17: PROGRESS REPORT ON THE IMPLEMENTATION OF
A COMPREHENSIVE INTEGRATED ENTERPRISE RESOURCE
PLANNING (ERP) SYSTEM 200 to 207
Item 18: PROGRESS REPORT ON THE NEW CONSTRUCTION
PROJECT 208 to 213
Item 19: PROGRESS REPORT ON THE NEW CONFERENCE HALL
PROJECT 208 to 213
Item 20: PROGRESS REPORT ON THE PROJECT TO UPGRADE THE
SAFETY AND SECURITY STANDARDS FOR THE EXISTING
WIPO BUILDINGS 214 to 220
Item 21: PROGRESS REPORT ON THE IMPLEMENTATION OF THE WIPO
STRATEGIC REALIGNMENT PROGRAM (SRP) 221 to 226
AUDIT AND OVERSIGHT
Item 22: SUMMARY ANNUAL REPORT OF THE DIRECTOR OF THE
INTERNAL AUDIT AND OVERSIGHT DIVISION 227
Item 23: REVISION OF THE TERMS OF REFERENCE OF THE
INDEPENDENT ADVISORY OVERSIGHT COMMITTEE (IAOC)
AND THE INTERNAL OVERSIGHT CHARTER AND THE TERMS
OF REFERENCE GOVERNING EXTERNAL AUDIT 228
WIPO COMMITTEES AND INTERNATIONAL NORMATIVE FRAMEWORK
Item 24: REPORT ON THE OUTCOME OF THE BEIJING DIPLOMATIC
CONFERENCE ON THE PROTECTION OF AUDIOVISUAL
PERFORMANCES 229
Item 25: REPORT OF THE COMMITTEE ON DEVELOPMENT AND
INTELLECTUAL PROPERTY (CDIP) 230
Item 25(i): REVIEW OF THE IMPLEMENTATION OF THE
DEVELOPMENT AGENDA RECOMMENDATIONS 231
Item 26: REPORT ON THE WORK OF THE STANDING COMMITTEE ON
COPYRIGHT AND RELATED RIGHTS (SCCR) 232
Item 27: MATTERS CONCERNING THE INTERGOVERNMENTAL
COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC
RESOURCES, TRADITIONAL KNOWLEDGE AND
FOLKLORE (IGC) 233
Item 28: REPORTS ON OTHER WIPO COMMITTEES
Item 28(i): STANDING COMMITTEE ON THE LAW OF
PATENTS (SCP) 235
Item 28(ii): STANDING COMMITTEE ON THE LAW OF
TRADEMARKS, INDUSTRIAL DESIGNS AND
GEOGRAPHICAL INDICATIONS (SCT) 236
Item 28(iii): COMMITTEE ON WIPO STANDARDS (CWS) 237
Item 28(iv): ADVISORY COMMITTEE ON ENFORCEMENT (ACE) 238
GLOBAL INTELLECTUAL PROPERTY SERVICES
Item 29: PCT SYSTEM 239
Item 30: MADRID SYSTEM 240
Item 31: HAGUE SYSTEM 241
Item 32: LISBON SYSTEM 242
Item 33: WIPO ARBITRATION AND MEDIATION CENTER, INCLUDING
DOMAIN NAMES 243
OTHER ASSEMBLIES
Item 34: SINGAPORE TREATY (STLT) ASSEMBLY 244
STAFF MATTERS
Item 35: ANNUAL REPORT ON HUMAN RESOURCES 245
Item 36: REVISION OF THE STAFF RULES AND REGULATIONS 246
CLOSING OF THE SESSIONS
Item 37: ADOPTION OF THE GENERAL REPORT AND OF THE
INDIVIDUAL REPORTS OF EACH GOVERNING BODY 247 to 249
Item 38: CLOSING OF THE SESSIONS 250 to 260
INTRODUCTION
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This General Report records the deliberations and decisions of the following 20 Assemblies and other bodies of the Member States of WIPO:
(1)WIPO General Assembly, forty–first (21st extraordinary) session
(2)WIPO Conference, thirty–second (12th extraordinary) session
(3)WIPO Coordination Committee, sixty–sixth (43rd ordinary) session
(4)Paris Union Assembly, forty–fifth (25th extraordinary) session
(5)Paris Union Executive Committee, fifty–first (48th ordinary) session
(6)Berne Union Assembly, thirty ninth (19th extraordinary) session
(7)Berne Union Executive Committee, fifty–seventh (43rd ordinary) session
(8)Madrid Union Assembly, forty–fifth (26th extraordinary) session
(9)Hague Union Assembly, thirty first (13th extraordinary) session
(10)Nice Union Assembly, thirty first (11th extraordinary) session
(11)Lisbon Union Assembly, twenty eighth (9th extraordinary) session
(12)Locarno Union Assembly, thirty first (12th extraordinary) session
(13)IPC [International Patent Classification] Union Assembly, thirty second (14th extraordinary) session
(14)PCT [Patent Cooperation Treaty] Union Assembly, forty–third (25th extraordinary) session
(15)Budapest Union Assembly, twenty eighth (12th extraordinary) session
(16)Vienna Union Assembly, twenty–fourth (10th extraordinary) session
(17)WCT [WIPO Copyright Treaty] Assembly, eleventh (6th extraordinary) session
(18)WPPT [WIPO Performances and Phonograms Treaty] Assembly, eleventh (6th extraordinary) session
(19)PLT [Patent Law Treaty] Assembly, tenth (6th extraordinary) session
(20)Singapore Treaty [Singapore Treaty on the Law of Trademarks] Assembly, fourth (2nd extraordinary) session.
meeting in Geneva from October 1 to 9, 2012, where the deliberations took place, and decisions were made in joint meetings of two or more of the said Assemblies and other bodies convened (hereinafter referred to as “the joint meeting(s)” and “the Assemblies of the Member States,” respectively).
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In addition to this General Report, separate Reports have been drawn up on the sessions of the General Assembly (WO/GA/41/18), WIPO Coordination Committee (WO/CC/66/3), Paris Union Executive Committee (P/EC/51/1), Berne Union Executive Committee (B/EC/57/1), Madrid Union Assembly (MM/A/45/5), Hague Union Assembly (H/A/31/2), Lisbon Union Assembly (LI/A/28/2), PCT Union Assembly (PCT/A/43/7), and the Singapore Treaty Assembly (STLT/A/4/2).
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The list of the States members of the Assemblies and other bodies concerned and the observers admitted to their sessions as of October 1, 2012, is set forth in document A/50/INF/1 Rev.
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The meetings dealing with the following items of the Agenda (document A/50/1) were presided over by the following Chairs:
Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25(i), 26, 27, 28(i), 28(ii), 28(iii), 28(iv), 33, 37 and 38
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Ambassador Uglješa Zvekić (Serbia), Chair of the General Assembly, and in his absence, Ambassador Alfredo Suescum (Panama), Vice-Chair
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Items 35 and 36
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M. Kwok Fook Seng (Singapore), Chair of the WIPO Coordination Committee
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Item 29
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Ms. Susanne Ås Sivborg (Sweden), Chair of the PCT Union Assembly
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Item 30
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Ms. Alexandra Grazioli (Switzerland), Chair of the Madrid Union Assembly
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Item 31
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Ms. Alexandra Grazioli (Switzerland), Vice Chair of the Hague Union Assembly
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Item 32
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Ms. Branka Totić (Serbia), Chair of the Lisbon Union
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Item 34
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Ms. Sarnai Ganbayar (Mongolia), Vice-Chair of the Singapore Treaty Assembly
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An index of interventions by Delegations of States and Representatives of intergovernmental and non governmental organizations mentioned are reproduced as an Annex to the present report. The agenda, as adopted, and the list of participants appear in documents A/50/1 and A/50/INF/3, respectively.
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The Director General’s Report is reproduced as an Annex to this present report.
ITEM 1 OF THE CONSOLIDATED AGENDA
OPENING OF THE SESSIONS
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The fiftieth series of meetings of the Assemblies and other bodies of the Member States of WIPO was convened by the Director General of WIPO, Mr. Francis Gurry (hereinafter referred to as “the Director General”).
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The sessions of the Assemblies and other bodies of the Member States of WIPO were opened in a joint meeting of all the 20 Assemblies and other bodies concerned by Ambassador Uglješa Zvekić (Serbia), Chair of the General Assembly who made the following statement:
“Honorable Ministers, Excellencies, Director General, Heads of Delegations, Distinguished delegates, Ladies and Gentlemen,
“It is a great honor and a pleasure for me to chair, again this year, the series of meetings of the Assemblies of the Member States of WIPO.
“I would like first of all to thank my colleagues from fellow delegations, Ambassadors and Regional Coordinators, for the confidence reposed in me during the past year. In addition, I would like to thank the Director General, the Senior Management and the staff of WIPO for continuous support they have offered to me. My thanks also go the two vice chairs, Ambassador Suescom of Panama and Counselor Kinkela Augusto of Angola.
“Over this period, I am pleased to note that WIPO has made some notable achievements.
“It has been successful in financial terms which today is exceptional among the international organizations and also other institutions and entities. Yet, success has to be utilized with a great doze of prudence and measures for efficient and results-oriented use of resources.
“Further, 2012 saw an historic achievement, namely the conclusion of the Beijing Treaty, after more than a decade of intense consultations.
“WIPO also has invested in its management, communication and relationship with Member States. These efforts should continue and be supported.
“Out of WIPO’s four major pillars, that is, norm-setting, standard-setting, capacity building and client servicing, I would like to emphasize that considerable work needs to be done in the normative sphere.
“In particular, I would like to mention the preparations for an international legal instrument regarding the Visually Impaired Persons and Persons with Print Disabilities, that I earnestly hope will be adopted next year. In my capacity of the Chair of the GA I will do my best to support the conclusion of this important work. Good progress has also been achieved in other areas such as design, broadcasting or at the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.
“Normative work of WIPO needs to express a balance among different legitimate needs and interests of its constituency. Thus, a call for clear agreement on the strategic political commitment in the normative sphere.
“The promotion of innovation and the protection of intellectual property rights are of fundamental importance in today’s world. While the level of innovation may vary around the world, more and more countries, in particular developing and middle-income ones, are achieving higher levels of innovation efficiency. I am proud that my country, Serbia, is amongst them.
“One of WIPO most important roles is to assist countries design and implement coherent innovation policies which are key to enhancing their innovation efficiency. Advice, training and capacity-building in this area is of fundamental importance.
“Over the past year, WIPO Member States have consulted extensively on several issues of strategic importance as well as on procedural issues. We have made some progress but I am afraid there is still more work to be done.
“In this context, I would implore Member States to display a higher level of involvement towards the achievement of results through an effective compromise rather than to dwell in the ideological hemisphere and rest in its mist. This is not to deny the most legitimate interests and their legitimate display. It is only my plead to be led by the strategic perspective rather than by the particularities of this or that micro ambient in which details overshadow the horizon.
“Excellencies, delegates, colleagues,
“Let me now turn to the work of the Assemblies. We have a very heavy agenda encompassing several areas of work of WIPO, including the normative agenda, to which I have already referred to.
“As always, I would like to invite all delegations to work in a constructive and open spirit. I will need support, cooperation and understanding of all of you to conduct and conclude these Assemblies in as successful a manner as we did last year.
“In this respect, I would like this year to avoid the usual night sessions and I will have to limit the speaking time, in particular for General Statements. At the appropriate time, I will invite group coordinators to limit their oral statements to a maximum of five minutes, individual members to a maximum of three minutes and observers to two minutes. I sincerely request your understanding in this regard. Of course, delegations may submit full written statements to the Secretariat and these will be reproduced in their entirety in the report.
“Excellencies, dear fellows,
“To conclude my introductory remarks let me once again repeat that as the Chair of the WIPO General Assembly I will work with the Member States and the Secretariat to maintain the high profile of WIPO and its great achievements; the strategic commitment for effective consultation framework regarding the normative sphere, the procedural aspects and the assistance in capacity-building.
“All of the above rests on the prerequisite of an established and cherished inclusive trust and confidence among all the key actors: the Member States, the Regional Groups, the management and staff, and the fellow chairs of Assemblies and the subsidiary organs.
“To have WIPO deliver means to have faith not only in the objectives, purposes and programs vested in WIPO as an institution but also in each other.
“Excellencies, Distinguished delegates, Ladies and Gentlemen, let me warmly welcome you to Geneva and wish that this Fiftieth Series of Meetings of the Assemblies will be fruitful.
“I now declare the meeting officially open and I hand over the floor to the distinguished Legal Counsel for Agenda Item 2 “Election of Officers”. Thank you very much.”
ITEM 2 OF THE CONSOLIDATED AGENDA
ELECTION OF THE OFFICERS
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Discussions were based on document A/50/INF/1 Rev.
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Following informal consultations among the Group Coordinators, the following officers of the WIPO Coordination Committee, the Paris Union Executive Committee and the Berne Union Executive Committee, were elected on October 1, 3 and 4, 2012:
WIPO Coordination Committee
Chair: Mr. Kwok Fook Seng (Singapore)
Vice-Chair: Mr. Francisco Lima (El Salvador)
Vice-Chair: Mr. Tiberio Schmidlin (Italy)
Paris Union Executive Committee
Chair: Mr. Grega Kumer (Slovenia)
Vice-Chair: Ms. Grace Issahaque (Ghana)
Berne Union Executive Committee
Chair: Mr. Paul Salmon (United States of America)
Vice-Chair: Mr. Toomas Lumi (Estonia)
Vice-Chair: Ms. Ekaterine Egutia (Georgia)
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The list of the officers for the Assemblies and other bodies appears in document A/50/INF/4 Rev.
ITEM 3 OF THE CONSOLIDATED AGENDA
ADOPTION OF THE AGENDA
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Discussions were based on document A/50/1.
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After due consideration, each of the Assemblies and other bodies concerned adopted its agenda as proposed in document A/50/1 (hereinafter referred to in this document and in the documents listed in paragraph 2 above as “the Consolidated Agenda”).
ITEM 4 OF THE CONSOLIDATED AGENDA
DIRECTOR GENERAL’S REPORT
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The Director General’s Speech is recorded as follows:
“Your Excellency Ambassador Uglješa Zvekić, Chair, WIPO General Assembly,
Honorable Ministers, Your Excellencies the Permanent Representatives and Ambassadors, Distinguished Delegates,
“It is a pleasure for me to extend to all delegations a warm welcome to this session of the Assemblies of the Member States of the World Intellectual Property Organization (WIPO). It is very pleasing to see so many delegates in attendance. I believe that we have over 1,000 delegates who have registered.
“The 12 months since the last meeting of the Assemblies have been a good year for the Organization. For a start, the financial condition of the Organization remains sound despite a challenging external environment. The use of the Organization’s Global Systems reached record levels in 2011. Although the rate of increase is more modest in the first half of 2012, demand continues to be such that we are largely meeting our budget estimates. This provisional result is a strong one considering the fragility of the world economy and the uncertainty and lack of confidence that prevails in relation to it.
“The strong result seems almost counter-intuitive. What accounts for it? I believe that there are several causes. One is the frequently observed shift in the geography of economic and technological production, which has created new sources of growth when traditional sources have been performing less strongly. China1, the Republic of Korea2 and, in a more limited way, a range of emerging economies3, have been increasing their use of intellectual property and WIPO’s Global Systems.
“Another reason is the changing pattern of patenting behavior, where we see a greater international approach to patenting, reflecting market globalization. In Japan, for example, the number of national patent applications is falling, but the percentage of them that is converted into international applications is rising significantly4.
“But the most important reason, I believe, is what has been called the innovation consensus5, the growing agreement around the world that innovation is the foundation of economic success. This has led to rapidly increasing levels of investment in research and development6. Likewise, it has led to the adoption of strategies by all the major economies to improve their innovation ecosystems. While many parts of a successful innovation ecosystem, such as a good education system, lie beyond the competence of WIPO, intellectual property is an essential part of such an innovation ecosystem. IP captures the economic value of innovation. It provides a secure environment for taking an idea through the complex journey to commercialization.
“Since innovation is one of, if not the, most important means of establishing competitive advantage, it follows that IP, as the capturer of the value of innovation, will often become the battleground for competition. This is what we are witnessing with the so-called “patent wars” in the smart phone industry and, more generally, in the ICT sector, both areas where investment in innovation has been considerable and where it has been innovation that has enabled market leadership to be established and the accompanying rewards to be harvested.
“I believe that these developments are game changers. Geographically, economically and strategically, the position of IP has changed fundamentally over the past 20 years. If we continue to use reference points from a different game that was played in a former era, we will no longer be able to follow the play. This means many things, but, specifically, for WIPO, I would like to suggest that it means three things in particular.
“In the first place, the position of IP as a battlefield for intense competition reinforces the need for a rules-based international system. Rules should provide an even playing field and should save us from the temptation to lapse into forms of technological protectionism or mercantilism. WIPO has a long history of multilateral rule-making and it was a wonderful thing to see that tradition affirmed in Beijing in June this year with the conclusion of the Beijing Treaty on Audiovisual Performances. The Beijing Treaty is the first treaty on substantive intellectual property law to be concluded since 1996. The event was wonderfully hosted by the Chinese authorities and was characterized by a tremendously constructive spirit of engagement on the part of all Member States. I would like to express the deep appreciation of the international intellectual property community to the Government of the People’s Republic of China for its generous hospitality and impeccable organization.
“It was very noticeable that, in their concluding statements at the Beijing Diplomatic Conference, most delegations expressed the hope that the spirit of the Beijing Conference would be carried over into the rest of the normative agenda of WIPO. A number of items on that agenda are now approaching maturity and it is hoped that the 2012 Assemblies will develop a clear path forward for those items. In particular, I urge Member States to endorse the proposed road map for a new international instrument on improving access to published works on the part of the visually impaired and the print disabled.
“I would also like to urge the Member States to move towards a diplomatic conference to conclude a new treaty on design law formalities. This is not a substantive treaty, but a business facilitation treaty that simplifies formalities.
“An international instrument on intellectual property and genetic resources, traditional knowledge and traditional cultural expressions is a major priority for the Organization. Progress has been made over the past two years, but there is still some distance to travel. The immediate task before the Member States is to design a process for the next twelve months that will lead to a positive outcome and result at the 2013 Assemblies. To achieve that outcome, an intensive process and a great deal of commitment and engagement on the part of all delegations will be required.
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