Geneva, October 12, 2009
PR/2009/613
WIPO marked the tenth anniversary of the Uniform Domain Name Dispute Resolution Policy (UDRP) on October 12, 2009 with a conference that brought together over 200 stakeholders from around the world. The conference sought to take stock of the UDRP experience and draw lessons with a view to informing other processes relating to the future of the Domain Name System (DNS) and in the broader context of intellectual property.
The UDRP, a quick and cost effective dispute resolution procedure targeting cyber squatter, has met with great demand. Since December 1999, the WIPO Arbitration and Mediation Center has administered over 16,000 proceedings (the 16,000th decision was notified today) under the UDRP or UDRP-related policies. The UDRP was adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) at the initiative of, and with drafting and implementation assistance from WIPO.
The forward-looking conference was opened by WIPO Director General Francis Gurry (recorded message and the full Conference program and speaker list is available at www.wipo.int/amc/en/events/workshops/2009/10yrs-udrp/program/) On this milestone anniversary, Mr. Gurry said “I think what we can say after ten years of the UDRP is that it has been a very successful experiment” because it fulfilled a need and it led to a predictable legal system. Looking to the future, he said the UDRP is a “dynamic instrument” and welcomed discussion on the challenges ahead.
Conference presentations and discussions were led by intellectual property counsel, UDRP and DNS stakeholders, WIPO domain name panelists, and authorities and individuals concerned with the implementation of dispute resolution mechanisms, including ICANN.
Presentations covered three main themes, namely the development of UDRP jurisprudence and practice, new dispute resolution mechanisms for ICANN’s planned significant expansion of the DNS, and the emergence generally of conflict between online “identities” and trademark rights as well as issues of accountability of intermediaries.
Several presenters focused on the defining features of the UDRP and how these have performed since 1999. They identified which of these features would lend themselves to the resolution of other types of disputes in relation to the digital or physical world. The WIPO Center shared a number of ideas which it is currently exploring to streamline the filing conduct and decision of WIPO UDRP cases.
WIPO representatives raised the possibility of opportunities for complainants to express “intent to file”, including facilitating identification of respondents in cases involving privacy shields. They also discussed the possibility for respondents to express early consent to transfer, or to indicate intent to participate in the UDRP proceedings through the filing of a response. Other WIPO concepts include form complaints in anticipated default cases, as well as panel decisions on a summary basis in obvious cases of this type, all subject to adequate safeguards for preserving party equality and respondent participation.
Participants also discussed the role information technology has played in the UDRP domain name dispute resolution process and identified likely areas of development in this area. Of particular note was the popular topic of WIPO’s eUDRP Initiative, a WIPO Center proposal submitted to ICANN in December 2008 to remove the requirement to submit and distribute paper copies of pleadings relating to the UDRP process. The eUDRP Initiative, which is currently under consideration by ICANN, seeks to benefit all parties by eliminating the use of vast quantities of paper and improving the timeliness of UDRP proceeding without prejudicing either complainants or respondents.
Several presenters, including ICANN officials, brand owners, Internet experts and WIPO Center staff, addressed ICANN’s initiative to introduce potentially large numbers of new generic Top Level Domains (New gTLDs). This highly topical subject generated significant interest among participants, and covered WIPO’s advice to safeguard the legitimate interests of trademark owners and other good faith DNS actors during this program’s application (pre-delegation) and subsequent operational (post-delegation) phases.
Participants took advantage of open discussion periods to pose questions to presenters and share their concerns on these and other topics concerning the Internet, including the extent of potential registry duties to address trademark infringement in their name spaces. They raised questions as to how other uniform dispute resolution procedures might be developed and tailored to meet the evolving possibilities for online infringements of real and virtual world goods and services.
The UDRP provides trademark owners with an administrative mechanism for the efficient resolution of disputes arising out of the bad-faith registration and use by third parties of Internet domain names corresponding to those trademark rights. The UDRP applies to disputes in generic top-level domains (gTLDs) (e.g., .com, .net, .org, .mobi), as well as an increasing number of country code top-level domains (ccTLDs) (e.g., .ch, .es, .fr, .nl, .me).
In & on behalf of
Mr.Samir, IPPro
среда, 14 октября 2009 г.
понедельник, 12 октября 2009 г.
The project of order by RosPatent
«About the Order of representation by the citizens applying for replacement of posts in federal state civil service on Federal Agency of intellectual property, patents and trade marks, and federal state civil employees on income certificate, about property and obligations of property character»
Dear colleagues!
For carrying out of independent anticorruption examination and for the purpose of public discussion and reception of maximum quantity of remarks and offers on website the project of order by RosPatent «About the Order of representation by the citizens applying for replacement of posts in federal state civil service on Federal Agency of intellectual property, patents and trade marks, and federal state civil employees on income certificate, about property and obligations of property character» is placed.
The project of the order of RosPatent
«About the Order of representation by the citizens applying for replacement of posts in federal state civil service on Federal Agency of intellectual property, patents and trade marks, and federal state civil employees of data on income certificate, about property and obligations of property character»
According to the Decree of the President of the Russian Federation from 18.05.2009 № 559 «About representation by the citizens applying for replacement of posts of federal public service, and federal civil servants of data on incomes, about property and obligations of property character» (Meeting of the legislation of the Russian Federation, 2009, № 21, item 2544) I order:
1. To confirm an applied Order of representation by the citizens applying for replacement of posts of federal state civil service in Federal Agency of intellectual property, patents and trade marks (further - RosPatent), and federal state civil employees of data on incomes, about property and obligations of property character.
2. To department of public service and shots, the control and office-work Financially-administration managerial control to acquaint federal state civil employees of RosPatent with the present order.
3. The control over execution of the present order I reserve.
Head of department B.P.Simonov
In and on behalf of
Mr.Samir, IPPro
Dear colleagues!
For carrying out of independent anticorruption examination and for the purpose of public discussion and reception of maximum quantity of remarks and offers on website the project of order by RosPatent «About the Order of representation by the citizens applying for replacement of posts in federal state civil service on Federal Agency of intellectual property, patents and trade marks, and federal state civil employees on income certificate, about property and obligations of property character» is placed.
The project of the order of RosPatent
«About the Order of representation by the citizens applying for replacement of posts in federal state civil service on Federal Agency of intellectual property, patents and trade marks, and federal state civil employees of data on income certificate, about property and obligations of property character»
According to the Decree of the President of the Russian Federation from 18.05.2009 № 559 «About representation by the citizens applying for replacement of posts of federal public service, and federal civil servants of data on incomes, about property and obligations of property character» (Meeting of the legislation of the Russian Federation, 2009, № 21, item 2544) I order:
1. To confirm an applied Order of representation by the citizens applying for replacement of posts of federal state civil service in Federal Agency of intellectual property, patents and trade marks (further - RosPatent), and federal state civil employees of data on incomes, about property and obligations of property character.
2. To department of public service and shots, the control and office-work Financially-administration managerial control to acquaint federal state civil employees of RosPatent with the present order.
3. The control over execution of the present order I reserve.
Head of department B.P.Simonov
In and on behalf of
Mr.Samir, IPPro
вторник, 6 октября 2009 г.
WIPO Assemblies Provide Direction for Next Biennium
Geneva, October 1, 2009
PR/2009/611
WIPO member states, at their annual Assemblies from September 22 to October 1, 2009, signaled strong support for the Organization’s strategic realignment with the endorsement of a program and budget for the 2010/11 biennium that boosts WIPO’s development-related activities, emphasizes the need to advance the Organization’s normative work, and further upgrades its services to the private sector. The member states also agreed to renew the mandate of the Intergovernmental Committee on Intellectual Property, Traditional Knowledge, Folklore and Genetic Resources (IGC).
After intense yet constructive discussions held over several days, member states adopted a clearly defined work plan and terms of reference to guide the IGC’s work over the next two years. States agreed that the IGC would undertake negotiations with the objective of reaching agreement on a text of an international legal instrument (or instruments), which would ensure the effective protection of genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs). The decision also provided for three inter-sessional meetings of working groups to take place in 2010/11, in addition to the four regular sessions of the IGC.
Work over the next two years will build on the previous work of the IGC. The basis for text-based negotiations will be the existing WIPO working documents on GRs, TK, and TCEs. The IGC is to submit to the 2011 General Assembly the text (or texts) of an international legal instrument(s) which would ensure the effective protection of GRs, TK and TCEs. The 2011 session of the General Assembly would then decide on convening a Diplomatic Conference. WIPO Director General Francis Gurry said this “significant” decision gave the IGC “a robust and clear mandate over the next two years.” He called this “a real step forward” for the Organization.
Member states approved a budgetary allocation for 2010/11 amounting to 618 million Swiss francs (CHF), which represents a 1.6% (CHF 9.8 million) decrease compared to the current financial period, reflecting the impact of the global economic crisis on WIPO’s services. Almost one-fifth (some 118 million CHF) of the Organization’s budget is allocated across programs for capacity-building and development-related activities to strengthen the participation of developing and least developed countries in the benefits of the knowledge economy. An additional 4.5 million CHF was specifically allocated for the implementation of Development Agenda projects.
Delegations expressed strong support for the project-based approach proposed by the Committee and Development and Intellectual Property (CDIP), which will accelerate efficient implementation of the Development Agenda. Member states reaffirmed their commitment to the Development Agenda which they identified as a key priority for the Organization, and stressed the importance of ensuring that adequate human and financial resources are allocated to its implementation. The General Assembly also urged the CDIP to develop a coordination mechanism for monitoring, assessing and reporting on the implementation of recommendations. The CDIP is to submit a report on this matter to the General Assembly at its 2010 session.
Member states took note of the status of work relating to the three issues currently under discussion within the Standing Committee on Copyright and Related Rights (SCCR), namely, the rights of broadcasting organizations, the rights of performers in their audiovisual performances and exceptions and limitations. Delegations expressed support for continued work in these areas with a view to concrete progress.
The General Assembly noted a report on the work of the Standing Committee on the Law of Patents (SCP), including the Committee’s decision to commission five studies on exclusions, exceptions and limitations, including a public policy, socio-economic and developmental perspective; on technical solutions to improve greater access to, and dissemination of, patent information; on the client-attorney privilege; and on transfer of technology and on opposition systems.
The Assembly of the Patent Cooperation Treaty (PCT) appointed the Egyptian Patent Office and the Israel Patent Office as International Searching and Preliminary Examining Authorities under the PCT, bringing the total number of such offices to 17. The appointments will become effective from future dates to be notified by the respective offices when they are ready to begin operation. Member states also adopted a number of amendments to the regulations under the PCT which will enter into force on July 1, 2010. These concern clarification of the extent to which authorities may define the scope of supplementary international search which will be offered, a requirement for applicants filing amendments to indicate the basis of those amendments in the application as filed, and improvements to the process for establishing equivalent amounts of certain PCT fees in different currencies. The Assembly also noted a report of the second session of the PCT Working Group, held in May 2009, and approved the convening of a further session of the Working Group in 2010.
The Madrid Union Assembly took note of the study prepared by WIPO on the possible introduction of additional filing languages (Arabic, Chinese, Dutch, German, Italian, Japanese, Russian and Portuguese) in the Madrid system in a way that would be operationally and economically viable. The introduction of additional filing languages would be subject to specific agreements with the offices of interested contracting parties. As a first step, the Assembly approved the implementation of a pilot project involving the participation of interested offices.
Member countries of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration amended a number of rules governing that system to improve accessibility of information regarding the fate of international registrations in the countries of the Lisbon system. This will better enable interested parties to determine the status of protection of an internationally registered appellation of origin in a given member country, by establishing a formal framework for the communication of a “statement of grant of protection.”
The Assemblies also approved the construction of a new conference hall with a capacity of 900 seats as well as several new smaller meeting rooms in the main headquarters building to cater for increasing demand for multilateral and bilateral consultations associated with intergovernmental meetings at WIPO. Member states earmarked 64 million CHF for this project to be covered from WIPO reserves (24 million CHF) and the extension of an existing commercial loan (40 million CHF). The new hall, designed by Behnisch Architekten of Stuttgart, Germany, gives priority to sustainability: local wood, natural light, hybrid ventilation combining natural and mechanical means, and a cooling system drawing water from Lake Léman. These are among the most significant environmentally-friendly features of the new hall.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
PR/2009/611
WIPO member states, at their annual Assemblies from September 22 to October 1, 2009, signaled strong support for the Organization’s strategic realignment with the endorsement of a program and budget for the 2010/11 biennium that boosts WIPO’s development-related activities, emphasizes the need to advance the Organization’s normative work, and further upgrades its services to the private sector. The member states also agreed to renew the mandate of the Intergovernmental Committee on Intellectual Property, Traditional Knowledge, Folklore and Genetic Resources (IGC).
After intense yet constructive discussions held over several days, member states adopted a clearly defined work plan and terms of reference to guide the IGC’s work over the next two years. States agreed that the IGC would undertake negotiations with the objective of reaching agreement on a text of an international legal instrument (or instruments), which would ensure the effective protection of genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs). The decision also provided for three inter-sessional meetings of working groups to take place in 2010/11, in addition to the four regular sessions of the IGC.
Work over the next two years will build on the previous work of the IGC. The basis for text-based negotiations will be the existing WIPO working documents on GRs, TK, and TCEs. The IGC is to submit to the 2011 General Assembly the text (or texts) of an international legal instrument(s) which would ensure the effective protection of GRs, TK and TCEs. The 2011 session of the General Assembly would then decide on convening a Diplomatic Conference. WIPO Director General Francis Gurry said this “significant” decision gave the IGC “a robust and clear mandate over the next two years.” He called this “a real step forward” for the Organization.
Member states approved a budgetary allocation for 2010/11 amounting to 618 million Swiss francs (CHF), which represents a 1.6% (CHF 9.8 million) decrease compared to the current financial period, reflecting the impact of the global economic crisis on WIPO’s services. Almost one-fifth (some 118 million CHF) of the Organization’s budget is allocated across programs for capacity-building and development-related activities to strengthen the participation of developing and least developed countries in the benefits of the knowledge economy. An additional 4.5 million CHF was specifically allocated for the implementation of Development Agenda projects.
Delegations expressed strong support for the project-based approach proposed by the Committee and Development and Intellectual Property (CDIP), which will accelerate efficient implementation of the Development Agenda. Member states reaffirmed their commitment to the Development Agenda which they identified as a key priority for the Organization, and stressed the importance of ensuring that adequate human and financial resources are allocated to its implementation. The General Assembly also urged the CDIP to develop a coordination mechanism for monitoring, assessing and reporting on the implementation of recommendations. The CDIP is to submit a report on this matter to the General Assembly at its 2010 session.
Member states took note of the status of work relating to the three issues currently under discussion within the Standing Committee on Copyright and Related Rights (SCCR), namely, the rights of broadcasting organizations, the rights of performers in their audiovisual performances and exceptions and limitations. Delegations expressed support for continued work in these areas with a view to concrete progress.
The General Assembly noted a report on the work of the Standing Committee on the Law of Patents (SCP), including the Committee’s decision to commission five studies on exclusions, exceptions and limitations, including a public policy, socio-economic and developmental perspective; on technical solutions to improve greater access to, and dissemination of, patent information; on the client-attorney privilege; and on transfer of technology and on opposition systems.
The Assembly of the Patent Cooperation Treaty (PCT) appointed the Egyptian Patent Office and the Israel Patent Office as International Searching and Preliminary Examining Authorities under the PCT, bringing the total number of such offices to 17. The appointments will become effective from future dates to be notified by the respective offices when they are ready to begin operation. Member states also adopted a number of amendments to the regulations under the PCT which will enter into force on July 1, 2010. These concern clarification of the extent to which authorities may define the scope of supplementary international search which will be offered, a requirement for applicants filing amendments to indicate the basis of those amendments in the application as filed, and improvements to the process for establishing equivalent amounts of certain PCT fees in different currencies. The Assembly also noted a report of the second session of the PCT Working Group, held in May 2009, and approved the convening of a further session of the Working Group in 2010.
The Madrid Union Assembly took note of the study prepared by WIPO on the possible introduction of additional filing languages (Arabic, Chinese, Dutch, German, Italian, Japanese, Russian and Portuguese) in the Madrid system in a way that would be operationally and economically viable. The introduction of additional filing languages would be subject to specific agreements with the offices of interested contracting parties. As a first step, the Assembly approved the implementation of a pilot project involving the participation of interested offices.
Member countries of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration amended a number of rules governing that system to improve accessibility of information regarding the fate of international registrations in the countries of the Lisbon system. This will better enable interested parties to determine the status of protection of an internationally registered appellation of origin in a given member country, by establishing a formal framework for the communication of a “statement of grant of protection.”
The Assemblies also approved the construction of a new conference hall with a capacity of 900 seats as well as several new smaller meeting rooms in the main headquarters building to cater for increasing demand for multilateral and bilateral consultations associated with intergovernmental meetings at WIPO. Member states earmarked 64 million CHF for this project to be covered from WIPO reserves (24 million CHF) and the extension of an existing commercial loan (40 million CHF). The new hall, designed by Behnisch Architekten of Stuttgart, Germany, gives priority to sustainability: local wood, natural light, hybrid ventilation combining natural and mechanical means, and a cooling system drawing water from Lake Léman. These are among the most significant environmentally-friendly features of the new hall.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
четверг, 1 октября 2009 г.
WIPO to host Public Forum on Development Agenda Projects
Geneva, September 28, 2009
MA/2009/51
WIPO will host an open forum on October 13 and 14, 2009 at its Geneva headquarters to present projects relating to the Development Agenda to be discussed at the next session of the Committee on Development and Intellectual Property (CDIP) from November 16 to 20, 2009.
The projects that will be presented at the forum are: (i) IP and Technology Transfer; (ii) Developing Tools for Access to Patent Information; (iii) Evaluation and Impact Assessment; and (iv) three proposals made by Japan and the Republic of Korea.
The Forum, the first of its kind, will enable all stakeholders, notably non-governmental and inter-governmental organizations to join WIPO member states in providing substantive input into Development Agenda projects. The Forum is open to the public.
WIPO has stepped up efforts to translate the 45 recommendations under the Development Agenda into tangible results. Nine projects with clearly defined objectives, strategies and evaluation criteria are already under implementation. A further three thematic projects on the public domain, intellectual property and competition policy, the digital divide and access to knowledge received preliminary approval from the CDIP and implementation is scheduled to begin in January 2010. Additional projects are expected to be discussed and approved by member states at the next meeting of the CDIP in November 2009. This thematic project-based approach is designed to deal with interrelated issues identified under the recommendations of the Development Agenda and to generate concrete results.
The Development Agenda is effectively “mainstreaming” development across WIPO’s operations. It provides a framework within which to examine a broad array of issues which reflect the cross-cutting relevance of IP within policy-making spheres, including areas such as public health, food security and the environment. It is designed to ensure greater participation by developing and least developed countries in the benefits of the knowledge economy. It offers clear guidance for the effective delivery of WIPO’s technical services, in order to ensure that all countries are equipped with the legislative framework, the operational capacity and the know-how to use the IP system – and the flexibilities, rights and obligations under current international IP agreements – to spur economic growth and socio-cultural development.
In and on behalf of
Mr.Samir, IPPro
MA/2009/51
WIPO will host an open forum on October 13 and 14, 2009 at its Geneva headquarters to present projects relating to the Development Agenda to be discussed at the next session of the Committee on Development and Intellectual Property (CDIP) from November 16 to 20, 2009.
The projects that will be presented at the forum are: (i) IP and Technology Transfer; (ii) Developing Tools for Access to Patent Information; (iii) Evaluation and Impact Assessment; and (iv) three proposals made by Japan and the Republic of Korea.
The Forum, the first of its kind, will enable all stakeholders, notably non-governmental and inter-governmental organizations to join WIPO member states in providing substantive input into Development Agenda projects. The Forum is open to the public.
WIPO has stepped up efforts to translate the 45 recommendations under the Development Agenda into tangible results. Nine projects with clearly defined objectives, strategies and evaluation criteria are already under implementation. A further three thematic projects on the public domain, intellectual property and competition policy, the digital divide and access to knowledge received preliminary approval from the CDIP and implementation is scheduled to begin in January 2010. Additional projects are expected to be discussed and approved by member states at the next meeting of the CDIP in November 2009. This thematic project-based approach is designed to deal with interrelated issues identified under the recommendations of the Development Agenda and to generate concrete results.
The Development Agenda is effectively “mainstreaming” development across WIPO’s operations. It provides a framework within which to examine a broad array of issues which reflect the cross-cutting relevance of IP within policy-making spheres, including areas such as public health, food security and the environment. It is designed to ensure greater participation by developing and least developed countries in the benefits of the knowledge economy. It offers clear guidance for the effective delivery of WIPO’s technical services, in order to ensure that all countries are equipped with the legislative framework, the operational capacity and the know-how to use the IP system – and the flexibilities, rights and obligations under current international IP agreements – to spur economic growth and socio-cultural development.
In and on behalf of
Mr.Samir, IPPro
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