8 WIPO Intellectual Property Handbook:Policy,Law and Use 1.30 The first group of treaties establishes international protection,that is to say,they are treaties which are the a the nt and Deceptive Indications of Source on Goods and the reem for the Protection of ppellaions of Oricinnd thei 1.31 The second group consists of treaties which facilitate interational protection.For instance roperty fall into ms group.They are the Pater aty,w adrid ing tration of Marks the lishe t which has already be because it bel ngs to both the first and second g oups,the Bud pest Treaty on the International ent Procedure and the Hague 1.32 hetird9eeconstt5eottreaegaticthnestabithcastiCatioaystemsndBgroecer5fol into this group They are the International Patent Classification nent (IPC),the Nice Mar the of Goods and Se vice the P iqurative Elem nts of Marks and the locarno Ao for Industrial Designs. 1.33 Revising these treaties and establishing new ones are tasks which require a constant effor eematon3. amework and egomai6e3aw8R5LpponedbyaspecalzedsecetaiatWmropoidesg Administration 1.34 The The the ermong its other Coordination Committee:it reviewsnd oproves the reports and activities of the Coordination Committee of we as t ports of the Dire it adopts the financ of General concerning WIP measures proposed by the Director General concerning the administration of the international agreements gned to the working non-governmental organizations shall be admitted to its meetings as observers. 136 the fourth organ of wipo is the International bureau of wipo or secretariat.it is headed b the Dredor enerndth cos of hma up s regulr sta in th ries in all regions of the world
8 WIPO Intellectual Property Handbook: Policy, Law and Use 1.30 The first group of treaties establishes international protection, that is to say, they are treaties which are the source of legal protection agreed between countries at the international level. For instance, three treaties on industrial property fall into this group—the Paris Convention, the Madrid Agreement for the Repression of False and Deceptive Indications of Source on Goods and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. 1.31 The second group consists of treaties which facilitate international protection. For instance, six treaties on industrial property fall into this group. They are the Patent Cooperation Treaty, which provides for the filing of international applications for patents, the Madrid Agreement Concerning the International Registration of Marks, the Lisbon Agreement, which has already been mentioned because it belongs to both the first and second groups, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and the Hague Agreement Concerning the International Deposit of Industrial Designs. 1.32 The third group consists of treaties which establish classification systems and procedures for improving them and keeping them up to date. Four treaties, all dealing with industrial property, fall into this group. They are the International Patent Classification Agreement (IPC), the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks and the Locarno Agreement Establishing an International Classification for Industrial Designs. 1.33 Revising these treaties and establishing new ones are tasks which require a constant effort of international cooperation and negotiation, supported by a specialized secretariat. WIPO provides the framework and the services for this work. Administration 1.34 The Convention establishing WIPO provides for four different organs: the General Assembly, the Conference, the Coordination Committee and the International Bureau of WIPO or Secretariat. 1.35 The General Assembly is the supreme organ of WIPO. Among its other powers and functions, the General Assembly appoints the Director General upon nomination by the Coordination Committee; it reviews and approves the reports and activities of the Coordination Committee as well as the reports of the Director General concerning WIPO; it adopts the financial regulations of WIPO and the biennial budget of expenses common to the Unions; it approves the measures proposed by the Director General concerning the administration of the international agreements designed to promote the protection of intellectual property; it determines the working languages of the Secretariat, taking into consideration the practice of the United Nations; and it also determines which States not members of WIPO and which intergovernmental and international non-governmental organizations shall be admitted to its meetings as observers. 1.36 The fourth organ of WIPO is the International Bureau of WIPO or Secretariat. It is headed by the Director General, and further consists of those who make up its regular staff; the staff in the professional and higher categories are recruited on a principle of equitable geographical distribution established in the United Nations system, and other staff are from a wide range of countries in all regions of the world
Chapter1-Introduction9 Membership 1.37 The Convention establishing WIPO declares that membership shall be open to any State that 智尚ome9nca 2: y or is v to the Statute of the inte States can be mem 1.38 To become a member,a State must deposit an instrument of ratification or accession with the Director party to the Parisor onventions may least the administrative provisions of the Stockholm(1967)Act of the Paris Convention or of the Paris (1971)Act of the Berne Convention. 1.39 The States party to the Convention Establishing the World Intellectual Property Organization (WIPO)are listed in the appropriate document to be found inserted in the back flap of this volume. Constitutional Reform 1.40 The Member States of WIPO have,in recent years,adopted or considered a series of policies geogiayoWp0endmentofthewMroconmvenmtonandad istered by ystem and c changes contr provided for in administe P0.Under the unit ry cont of the outcome,and possibly subsequently the on and 991an 1993.th gans also adopted new contribution classes on the same provisional basi 6 such of the work of the Workng oupn Coordination Committee in on the reco mmendations of the Working Gr n the es of the Par ears a Directo General's total period in office. .43 the third series of policies arises out of the adoption of the 1998-99 Proar am and Budget That Program and Budget contained various proposals for the simplification and rationalization of the governance structure of WIPO The proposals for simplification and rationalization relate to
Chapter 1 - Introduction 9 Membership 1.37 The Convention establishing WIPO declares that membership shall be open to any State that is a member of any of the Unions, and to any State which is not a member of any of the Unions, provided that it is a member of the United Nations, of any of the specialized agencies of the United Nations or of the International Atomic Energy Agency, or is party to the Statute of the International Court of Justice or is invited by the General Assembly of WIPO to become a member. Thus only States can be members of WIPO. 1.38 To become a member, a State must deposit an instrument of ratification or accession with the Director General of WIPO at Geneva. States party to the Paris or Berne Conventions may become members of WIPO only if they are already bound by, or concurrently ratify or accede to, at least the administrative provisions of the Stockholm (1967) Act of the Paris Convention or of the Paris (1971) Act of the Berne Convention. 1.39 The States party to the Convention Establishing the World Intellectual Property Organization (WIPO) are listed in the appropriate document to be found inserted in the back flap of this volume. Constitutional Reform 1.40 The Member States of WIPO have, in recent years, adopted or considered a series of policies which ultimately require, for their implementation, amendment of the WIPO Convention and at least certain of the other treaties administered by WIPO. 1.41 The first such policy relates to the unitary contribution system and changes in contribution classes. In 1993 the WIPO Conference and the Assemblies of the Paris and Berne Unions adopted the unitary contribution system in replacement of the multiple contribution system provided for in the WIPO Convention and the treaties administered by WIPO. Under the unitary contribution system a State party to any of WIPO’s contribution treaties would pay a single contribution, regardless of the number of such treaties to which it was party. It was adopted on a provisional and experimental basis, pending an evaluation of the outcome, and possibly subsequently the amendment of the relevant provisions of the WIPO Convention and the treaties administered by WIPO that provide for the payment of contributions by Contracting States. In 1989, 1991 and 1993, the same organs also adopted new contribution classes on the same provisional basis, pending the amendment of the requisite treaties to bring the provisions of those treaties into line with the new classes. 1.42 A second such policy arises out of the work of the Working Group on Policies and Practices for the Nomination and Appointment of Directors General, which was established by the WIPO Coordination Committee in 1988. Acting upon the recommendations of the Working Group, the WIPO Coordination Committee and the WIPO General Assembly, the Assemblies of the Paris and Berne Unions and the WIPO Conference adopted a proposal to amend Article 9(3) of the Convention Establishing the World Intellectual Property Organization, limiting to 12 years a Director General’s total period in office. 1.43 The third series of policies arises out of the adoption of the 1998-99 Program and Budget. That Program and Budget contained various proposals for the simplification and rationalization of the governance structure of WIPO. The proposals for simplification and rationalization relate to
10 WIPO Intellectual Property Handbook:Policy,Law and Use committees constituted directly by the Assemblies of the Member States;there are,however,other similar proposals in respect of organs or bodies constituted by WIPO-administered treaties. 1.44 Given that it appeared necessary to set in motion the procedure for treaty amendment e ot the n ew pra ces relat ing to the unitary contributior ution at used the h of a y al Refor T ing Group,which was open to all Member Sta tes of WIPO and also to the Member Statesof he Paris an ons in the sp in2000,2001 and 2002 respectively.Its final recommendations were submitted to,and adopted by,the Assemblies of Member States of WIPO in September 2002 biolreform which were studied by the Working Group 1.46 The various Unitary contribution system and changes in contribution classes new contribution classes adopted in 1989.1991 and 1993. Executive Committees of the Paris Union,the Berne Union and the PCT Union The reas sons for the stablishment of dme Ex ee and C the Assembly in order to consider matters that were urgent in nature,and therefore could not awai on of the Assembly,or were of lesser importance and did not require have never functio as inten nded. The PCT Committees of the paris.berne and PCT Unions. WIPO Conference and in the same room as the Ger eral proceedings is the difference in presiding officer. practice also. the f.onf re ence considere y envisaged
10 WIPO Intellectual Property Handbook: Policy, Law and Use committees constituted directly by the Assemblies of the Member States; there are, however, other similar proposals in respect of organs or bodies constituted by WIPO-administered treaties. 1.44 Given that it appeared necessary to set in motion the procedure for treaty amendment because of the new practices relating to the unitary contribution system and contribution classes and the policy on limitation of mandates of Directors General, the WIPO Secretariat used the opportunity to propose other options for change in the governance structure of WIPO. 1.45 The culmination of proposals by the Secretariat and the adoption by the Member States of the policies described above was the creation of a Working Group on Constitutional Reform. The Working Group, which was open to all Member States of WIPO and also to the Member States of the Paris and Berne Unions, was established by the WIPO General Assembly at its meeting in September 1999. The Working Group met on six occasions in the space of three years, twice in 2000, 2001 and 2002 respectively. Its final recommendations were submitted to, and adopted by, the Assemblies of Member States of WIPO in September 2002. 1.46 The various proposals on constitutional reform which were studied by the Working Group may be described under five topics: Unitary contribution system and changes in contribution classes 1.47 The first set of proposals on constitutional reform is to amend the relevant WIPOadministered treaties in order to formalize the unitary contribution system adopted in 1993 and the new contribution classes adopted in 1989, 1991 and 1993. Executive Committees of the Paris Union, the Berne Union and the PCT Union 1.48 The reasons for the establishment of the Executive Committees of the Paris, Berne and PCT Unions seem to have been the perceived need for a body of a lesser number of member States than the Assembly in order to consider matters that were urgent in nature, and therefore could not await the next ordinary session of the Assembly, or were of lesser importance and did not require attention by the Assembly. 1.49 In practice, the Executive Committees have never functioned as intended. The PCT Executive Committee was never actually constituted; and neither the Paris nor the Berne Executive Committee has ever considered, as a body meeting separately, a substantive item of business. 1.50 The second set of proposals on constitutional reform is therefore to amend the WIPO Convention, the Paris Convention, the Berne Convention and the PCT by abolishing the Executive Committees of the Paris, Berne and PCT Unions. WIPO Conference 1.51 The WIPO Conference is composed of all the Member States of WIPO. In practice, the Conference never meets separately from the General Assembly. It meets during the same period and in the same room as the General Assembly, and the only ostensible difference in the proceedings is the difference in presiding officer. In practice also, the Conference has considered very few separate items of business. In reality the functional division of work originally envisaged between the General Assembly and the Conference did not occur. 1.52 The third set of proposals on constitutional reform is to amend the WIPO Convention in order to abolish the WIPO Conference
Chapter1-Introduction 11 The other Conferences of Representatives 1.53 The Conferences of Representatives that exist for various Unions were the predecessor bodies of the Asse n of those Unions The g fmember States of a Unior the Stockholm Act of those treaties that Representatives thus exist only for those Unions: which were established under treaties that have Acts that were concluded before 1967 and Rotr他ahaveRate5igteoheehesoeeeacmaeoa hat ha lod to tified the Stockholm(1967) Representa 2 .54 strume ted.the y s tended to be a formality only. Moreover,the o those bod lies is small,and declining as States progressively accede to 1.55 e relevant conventions n .onterenc Representat Unitary Assembly 156 Under this pr osal.the wiPo general assembly would be the body co mpetent to make n resp all WIPO trea es.Each Assembl tobe a numbe hips,providing for rights and administered in 1.57 Final Recommendations of the Working Group adopted by the Assemblies in 2002 1.58 The final three recommendations on which agree ement was reached by the members of the Working Constitutional Reform we the al Asser WIPO C rem and the ch on classe was already of the iodicity of the ordinary mbly and the other nions,from once every very year
Chapter 1 - Introduction 11 The other Conferences of Representatives 1.53 The Conferences of Representatives that exist for various Unions were the predecessor bodies of the Assemblies of those Unions. The Assembly of member States of a Union was introduced as a result of the reforms at the 1967 Stockholm Diplomatic Conference, in the Stockholm Act of those treaties that were revised at that Diplomatic Conference. Conferences of Representatives thus exist only for those Unions: (i) which were established under treaties that have Acts that were concluded before 1967, and (ii) which have member States that have not yet acceded to or ratified the Stockholm (1967) Act of the Treaty. The following Conferences of Representatives still exist: - Paris Union Conference of Representatives; - Berne Union Conference of Representatives; - Hague Union Conference of Representatives; - Nice Union Conference of Representatives; and - the Lisbon Union Council. 1.54 The powers conferred on the Conferences of Representatives by their constituent instruments were extremely limited. In practice, the bodies have never separately considered any item of substantive business. Their convening has tended to be a formality only. Moreover, the number of States belonging to those bodies is small, and declining as States progressively accede to the Stockholm Acts of the relevant treaties. 1.55 The fourth set of proposals on constitutional reform is to amend the relevant conventions and other documents in order to discontinue the Conferences of Representatives. Unitary Assembly 1.56 Under this proposal, the WIPO General Assembly would be the body competent to make decisions in respect of all WIPO treaties. Each Assembly constituted by a WIPO treaty would be replaced by the WIPO General Assembly so that there would be one organization, one Assembly of Member States, one Secretariat and one contribution from Member States. There would continue to be a number of different treaties, with differing memberships, providing for rights and obligations in the field of intellectual property. They would, however, all be administered in accordance with the unitary structure. 1.57 The fifth set of proposals on constitutional reform is to amend the relevant treaties and conventions in order to reduce the number of WIPO governing bodies to one single Assembly. Final Recommendations of the Working Group adopted by the Assemblies in 2002 1.58 The final three recommendations on which agreement was reached by the members of the Working Group on Constitutional Reform were submitted to the General Assembly in September 2002. These recommendations were: (i) the abolition of the WIPO Conference; (ii) in respect of the unitary contribution system and the changes in contribution classes, the formalization in the treaties of what was already in practice; and (iii) a change in the periodicity of the ordinary sessions of the WIPO General Assembly and the other Assemblies of the Unions, from once every two years to once every year
12 WIPO Intellectual Property Handbook:Policy,Law and Use 1.59 The Assemblies of the Member States of WIPO adopted the three recommendations of the Working Reform in September.ad the endations.The proposed amendments v were considered and adopted by the Assembly and the other concerned Assemblies of the Unions in September 2003. 160 The member states of wipo have now been invited to accept the amendments ir eir respective c nstitutional proces nts will enter into he Member States Wider Consultation and Outreach 1.61 been established,and a policy of public outreach has been pursued The Policy Advisory Commission administration.the Secretariat'scpacity to monitor and respond ina timely. ent guido de marco (Malta),President lon lliescu(Romania),and President Jorge Sampaio(Portugal). The Policy Advisory Commission (PAC) was to onside vital topics such as the of globalization, digital technology.breakthrough hnology to deve h viability of an international patent"ensuring the continuing and widespread availability of pharmaceuticals,and the relation of those top s to th e intellectu w on i It was to ting took p globalization and the and property issues. It then ation ( of intellectual property and intellectual propertyis plyto the 1.65 The Task Force met twice,in Amm nan in luly 1999 nd Washingt DC in March 2000 and worked on the above-mentioned projects as well as considering other questions.The first study to be published under the auspices of the p published under a new Policy Advisory Commission imprint in December 1999.Work on the World IProperty Declaration (WIPD)led to its adoption by the PAC at its second meeting in
12 WIPO Intellectual Property Handbook: Policy, Law and Use 1.59 The Assemblies of the Member States of WIPO adopted the three recommendations of the Working Group on Constitutional Reform in September 2002, and set out a timetable for the process of amendment of several WIPO-administered treaties for implementation of the suggested recommendations. The proposed amendments were considered and adopted by the WIPO General Assembly and the other concerned Assemblies of the Unions in September 2003. 1.60 The Member States of WIPO have now been invited to accept the amendments in accordance with their respective constitutional processes. The said amendments will enter into force one month after written notifications of acceptance have been received by the Director General from three-fourths of the Member States. Wider Consultation and Outreach 1.61 Apart from using the mechanisms described above, WIPO has increasingly sought to build up the broadest possible base throughout the world. For this purpose, several advisory bodies have been established, and a policy of public outreach has been pursued. The Policy Advisory Commission 1.62 In March 1998, the Director General of WIPO proposed to Member States the establishment of a Commission of eminent international personalities drawn from politics, diplomacy and administration, to “enhance the Secretariat’s capacity to monitor and respond in a timely, informed and effective manner to international and regional developments in intellectual property, in information technology and in other fields bearing on WIPO’s operations and its policy environment.” More recently (November 2003), members include President Guido de Marco (Malta), President Ion Iliescu (Romania), and President Jorge Sampaio (Portugal). 1.63 Member States approved this proposal. The Policy Advisory Commission (PAC) was to consider vital topics such as the advance of globalization, digital technology, breakthrough discoveries in biotechnology, transfer of technology to developing countries, conservation of biodiversity and the environment, electronic commerce, protection of indigenous cultures and the viability of an “international patent” ensuring the continuing and widespread availability of pharmaceuticals, and the relation of those topics to the intellectual property system. It was to present its findings to the Director General, who would draw on its conclusions in formulating possible policy proposals for the Member States’ consideration. 1.64 The first meeting of the Commission took place in April 1999. HRH Prince El-Hassan of Jordan was elected Chair of the 25-member body, which held detailed discussions on both globalization and the need to demystify and depoliticize intellectual property issues. It then resolved to set up a Task Force to develop its work program: this was to include the formulation of a World Intellectual Property Declaration (WIPD) stating clearly and simply to the general public the benefits of intellectual property and intellectual property rights. 1.65 The Task Force met twice, in Amman in July 1999 and Washington, D.C., in March 2000, and worked on the above-mentioned projects as well as considering other questions. The first study to be published under the auspices of the PAC was authored by a member, Hisamitsu Arai, and looked in detail at the Japanese experience of intellectual property and wealth creation. It was published under a new Policy Advisory Commission imprint in December 1999. Work on the World Intellectual Property Declaration (WIPD) led to its adoption by the PAC at its second meeting in June 2000