On 10-12th November, 2009 in Moscow has taken place (subsequently the sixteenth) the twenty second session of Administrative council of the Eurasian patent organization (AC EUPO).
In work of the session which were passing in the Eurasian patent department (EAPD), plenipotentiaries of the Azerbaijan Republic, Republic of Armenia, Byelorussia, Republic of Kazakhstan, Kirghiz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, and also members of delegations of Republic Moldova, Republic of Kazakhstan, Kirghiz Republic and Russian Federation have taken part. As observers representatives of the World organization of intellectual property participated in session work (WIPO), the European patent department (EUPD), African regional organization on intellectual property (ARIPO) and the African organization of intellectual property (OAPI).
Session was conducted by the chairman AC EUPO, by the plenipotentiary of Republic of Moldova Mr.D.Kiroshka.
Administrative council EUPO taking into account recommendations of the fourteenth session of Budgetary working group AC EUPO (October, 2009) has unanimously approved annual report EUPO for 2008 and have confirmed budget EUPO for 2010
Administrative council EAPO has taken into consideration the report of president EAPD of Mr. A.N.Grigoriev on performance of the Program of development of the Eurasian patent organization from 2004 to 2009
Participants of session have discussed the document «the Basic directions of development of the Eurasian patent organization for 2010-2014», prepared EAPO, and have charged to president EAPO to develop on its basis the program of development of the organization for 2010-2014 for consideration at following session AC EAPO.
Within the limits of session AC EAPO has considered changes and additions in the Administrative instruction to the Eurasian patent convention, Rules of procedure of Administrative council EAPO and in Position about working conditions of employees of the Eurasian patent department.
By results of discussion AC EAPO has made the decision on necessity of completion of separate points of the specified documents and has charged EAPO to prepare a full package of documents taking into account results of discussion and to submit to its consideration of the next session AC EAPO.
At session AC EAPO has accepted the decision on carrying out of seminar in 2010 concerning intellectual property protection in the Kirghiz Republic.
During session elections of vice-presidents AC EAPO have taken place.
Vice-presidents AC EAPO Mr. Melisbek Uhlan Melisbekovich, the plenipotentiary of the Kirghiz Republic Mr. Abdrahim Nurlan Ergaliuly, plenipotentiary of Republic Kazakhstan are unanimously selected.
Following next session Administrative EAPO is planned to hold in November 2010.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
пятница, 27 ноября 2009 г.
вторник, 24 ноября 2009 г.
Administrative regulations on control in right protection sphere
Administrative regulations of Federal Agency of intellectual property, patents and trade marks on execution of the state function upon control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget.
I. General provisions
1. Administrative regulations of Federal Agency of intellectual property, patents and trademarks (further – RosPatent) on execution of the state function upon control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget (further – Regulations), define sequence of actions, terms, and also order of interaction of RosPatent with other organizations and departments upon control in sphere of right protection and use of scientifically - research results, skilled-design and technological works of civil appointment which are carried out at the expense of means of the federal budget.
The present Regulations do not extend on control in the field of research results, developmental and technological works of military, special and double appointment, and also results of scientific and technical activity in agriculture, animal industries and plant growing.
2. Control in sphere of right protection and use of research results, developmental and technological works of civil appointment (further-RNTD), is carried out on means of the federal budget account, - administrative procedures connected with realization by RosPatent in functions under the control and supervision in sphere of right protection and use of objects of intellectual property, patents and trade marks and results of intellectual activity involved in economic and civil-law turn, observance of interests of the Russian Federation, Russian physical and legal bodies at distribution of the rights to results of intellectual activity, including created within the limits of the international scientific and technical cooperation, and realization when due hereunder checks of activity of the organizations disposing of rights of the Russian Federation on objects of intellectual property and results of intellectual activity.
3. Control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget for federal state needs (further – research and development), is carried out with a view of realization of state policy in the field of creation and use of scientific results and technical activity in civil turn and maintenance of protection of the rights of Russian Federation, Russian physical and legal bodies on the created results of scientific and technical activity.
4. Execution of the state function on control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget (further – the state function) is carried out by RosPatent.
5. According to Position about control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out at the expense of means of the federal budget, confirmed governmental order of Russian Federation from 18th November, 2006 № 696 number of the controllable organizations concern:
a) Organizations disposing of rights of the Russian Federation on results of scientific and technical activity;
b) Organizations-executors of the state contract on performance of research, developmental and technological works for federal state needs;
c) Academies of sciences having the state status, and federal officials performing research, developmental and technological works for federal state needs, financed in account of means of the federal budget under an estimate of incomes and expenses.
6. Object of control is the activity of organizations subject to control specified in point 5 of the present Regulations, in part concerning:
a) Maintenance of right protection RNTD, created at the expense of the federal budget;
b) Distributions and fastenings of the rights on RNTD, created at the expense of the federal budget;
c) Maintenance of the rights and interests of Russian Federation on RNTD, created within the limits of state contracts on performance of research and development for federal state needs, and also under the estimate of incomes and expenses;
d) Maintenance of the account of research results and development within the limits of the state account of RNTD, and also within the limits of the internal administrative account of the legal owner and the works executor;
e) Organizations using the rights on RNTD.
7. At control observance and execution by the controllable organizations of laws instructions, certificates of the President and Government of Russian Federation and other standard legal certificates in sphere of right protection and use of RNTD, means of the federal budget carried in this account, and acceptance of measures on elimination of the revealed deviations and infringements are checked.
At controlling RosPatent is guided by the Constitution of Russian Federation, federal constitutional laws, federal laws, certificates of the President and the Government of Russian Federation, international contracts of the Russian Federation, standard legal certificates of the Ministry of Education and Science of Russian Federation.
8. At control following indicators are used:
a) Presence in the state contract and other contracts on performance of research and development of positions about distribution of the rights on RNTD and duties concerning intellectual property rights;
b) Maintenance of right protection created by protection-capable RNTD;
c) Conformity of volume on right protection of research results and development in conditions of the state contract on research and development performance;
d) Execution in conditions of the state contract on performance of research and development regarding distribution, fastening and RNTD right protection received;
e) Execution in conditions of the state contract on performance of research and development regarding RNTD use received;
f) Conducting state RNTD account, and also the internal administrative account of the organization-legal owner and the organization-executor;
g) RNTD use, including objects of intellectual property, in self manufacture of the organization-legal owner or within the limits of license-contracts and contracts of concession of the rights.
II. Requirements for an execution order of the state function
9. Order of informing about execution of the state function
10. Results of execution of the state function
11. Sentence of information on actions and about administrative procedures to both legal and physical persons.
Information about results of checks is published neither the less than once in 6 months on the official site of RosPatent. The information about the results of checks includes data of the checked-up organizations, terms of carrying out of checks.
Interaction with representatives of mass-media, transfer of office information by it or RosPatent documents in control sphere are carried out when due hereunder with the permission of the head of RosPatent, its assistant, authorized division of RosPatent, and on occasion – other officials under the permission of (instructions, commission) the head of RosPatent or its assistant.
III. Administrative procedures
12. Preparation for carrying out check
13. Procedure in realization of check
14. Results of check
15. The right to sign of documents
The Act about the results of check is signed by the chairman of the commission and committee-men.
Instruction and notice on the revealed infringement (deviation) in organization activity are signed by the head or deputy head of RosPatent.
Representative of the controllable organization has the right to vise the check act, and also other documents made by the commission based on the results of testing.
16. Order and forms of control over execution of the state function
17. Order of the appeal of action (inactivity) and the decisions, carried out (accepted) during regulations performance
When due hereunder the Minister of Education and Science of the Russian Federation cancels decisions of RosPatent contradicting the federal legislation if other order of cancellation of decisions is not established.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
I. General provisions
1. Administrative regulations of Federal Agency of intellectual property, patents and trademarks (further – RosPatent) on execution of the state function upon control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget (further – Regulations), define sequence of actions, terms, and also order of interaction of RosPatent with other organizations and departments upon control in sphere of right protection and use of scientifically - research results, skilled-design and technological works of civil appointment which are carried out at the expense of means of the federal budget.
The present Regulations do not extend on control in the field of research results, developmental and technological works of military, special and double appointment, and also results of scientific and technical activity in agriculture, animal industries and plant growing.
2. Control in sphere of right protection and use of research results, developmental and technological works of civil appointment (further-RNTD), is carried out on means of the federal budget account, - administrative procedures connected with realization by RosPatent in functions under the control and supervision in sphere of right protection and use of objects of intellectual property, patents and trade marks and results of intellectual activity involved in economic and civil-law turn, observance of interests of the Russian Federation, Russian physical and legal bodies at distribution of the rights to results of intellectual activity, including created within the limits of the international scientific and technical cooperation, and realization when due hereunder checks of activity of the organizations disposing of rights of the Russian Federation on objects of intellectual property and results of intellectual activity.
3. Control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget for federal state needs (further – research and development), is carried out with a view of realization of state policy in the field of creation and use of scientific results and technical activity in civil turn and maintenance of protection of the rights of Russian Federation, Russian physical and legal bodies on the created results of scientific and technical activity.
4. Execution of the state function on control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget (further – the state function) is carried out by RosPatent.
5. According to Position about control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out at the expense of means of the federal budget, confirmed governmental order of Russian Federation from 18th November, 2006 № 696 number of the controllable organizations concern:
a) Organizations disposing of rights of the Russian Federation on results of scientific and technical activity;
b) Organizations-executors of the state contract on performance of research, developmental and technological works for federal state needs;
c) Academies of sciences having the state status, and federal officials performing research, developmental and technological works for federal state needs, financed in account of means of the federal budget under an estimate of incomes and expenses.
6. Object of control is the activity of organizations subject to control specified in point 5 of the present Regulations, in part concerning:
a) Maintenance of right protection RNTD, created at the expense of the federal budget;
b) Distributions and fastenings of the rights on RNTD, created at the expense of the federal budget;
c) Maintenance of the rights and interests of Russian Federation on RNTD, created within the limits of state contracts on performance of research and development for federal state needs, and also under the estimate of incomes and expenses;
d) Maintenance of the account of research results and development within the limits of the state account of RNTD, and also within the limits of the internal administrative account of the legal owner and the works executor;
e) Organizations using the rights on RNTD.
7. At control observance and execution by the controllable organizations of laws instructions, certificates of the President and Government of Russian Federation and other standard legal certificates in sphere of right protection and use of RNTD, means of the federal budget carried in this account, and acceptance of measures on elimination of the revealed deviations and infringements are checked.
At controlling RosPatent is guided by the Constitution of Russian Federation, federal constitutional laws, federal laws, certificates of the President and the Government of Russian Federation, international contracts of the Russian Federation, standard legal certificates of the Ministry of Education and Science of Russian Federation.
8. At control following indicators are used:
a) Presence in the state contract and other contracts on performance of research and development of positions about distribution of the rights on RNTD and duties concerning intellectual property rights;
b) Maintenance of right protection created by protection-capable RNTD;
c) Conformity of volume on right protection of research results and development in conditions of the state contract on research and development performance;
d) Execution in conditions of the state contract on performance of research and development regarding distribution, fastening and RNTD right protection received;
e) Execution in conditions of the state contract on performance of research and development regarding RNTD use received;
f) Conducting state RNTD account, and also the internal administrative account of the organization-legal owner and the organization-executor;
g) RNTD use, including objects of intellectual property, in self manufacture of the organization-legal owner or within the limits of license-contracts and contracts of concession of the rights.
II. Requirements for an execution order of the state function
9. Order of informing about execution of the state function
10. Results of execution of the state function
11. Sentence of information on actions and about administrative procedures to both legal and physical persons.
Information about results of checks is published neither the less than once in 6 months on the official site of RosPatent. The information about the results of checks includes data of the checked-up organizations, terms of carrying out of checks.
Interaction with representatives of mass-media, transfer of office information by it or RosPatent documents in control sphere are carried out when due hereunder with the permission of the head of RosPatent, its assistant, authorized division of RosPatent, and on occasion – other officials under the permission of (instructions, commission) the head of RosPatent or its assistant.
III. Administrative procedures
12. Preparation for carrying out check
13. Procedure in realization of check
14. Results of check
15. The right to sign of documents
The Act about the results of check is signed by the chairman of the commission and committee-men.
Instruction and notice on the revealed infringement (deviation) in organization activity are signed by the head or deputy head of RosPatent.
Representative of the controllable organization has the right to vise the check act, and also other documents made by the commission based on the results of testing.
16. Order and forms of control over execution of the state function
17. Order of the appeal of action (inactivity) and the decisions, carried out (accepted) during regulations performance
When due hereunder the Minister of Education and Science of the Russian Federation cancels decisions of RosPatent contradicting the federal legislation if other order of cancellation of decisions is not established.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
понедельник, 23 ноября 2009 г.
The Press release about meeting on project realization
“Rapprochement of aspects for intellectual property protection rights in European union and in Russian Federation”
On 17th November, 2009 in RosPatent the starting meeting on project realization «Rapprochement of aspects for intellectual property protection rights in EU and in Russian Federation», the first joint project using the mechanism of the General spaces, provided by the agreement between Russia and EU has taken place.
The meeting was spent for coordination of actions on start and further realization of the project, and also for the coordination for approaches of all interested in realization of the project parties. Partners within the limits of this Project are: RosPatent, the European commission and the European patent department (EPO).
With a view of realization the project by the European commission and the European patent department (EPO) the agreement according to which EPO has appointed an executive under this project and the addressee of the means allocated within the limits of the given project with the European commission is signed.
In meeting, RGIIS, European business association representatives of the Ministry of Education and Science of Russian Federation, State Duma, FGU, FIPS also have taken part in Russia, and also representatives of mass media. Head RosPatent, B.P. Simonov conducted meeting.
Participants have discussed concrete components of the project and time frameworks of its realization. Within a year it is supposed to realize actions for following directions:
1. Comparison of legislative base in sphere of patent protection in Russia and in European patent convention (EPC).
Within the limits of the given component it is planned to conduct research of the operating Russian legislation in sphere of intellectual property about its conformity to positions of the European patent convention (EPC) and to prepare recommendations about possible entering into it of changes.
By results of research it is supposed to hold a seminar and to publish the booklet so that representatives of interested parties, in particular the Russian science, industry and business, could on the basis of the received information on various aspects of European and Russian systems of granting of a right protection to inventions, to develop the approaches to patenting in Russia and abroad.
2. Working out and the management publication on carrying out of patent expert examination for experts of RosPatent.
For the purpose of improvement of quality of consideration of applications and increase of predictability of expert decisions, and also to consideration of applications the Management on patent expert examination carrying out is planned to develop and publish developments of the uniform interdepartmental approach.
Experts of RosPatent will be the basic users of the publication, but under the offer of participants of meeting the question on the document publication on a Federal Agency web portal to make procedure of patent expert examination more transparent will be considered and to remove some questions arising at interaction of the applicant and the expert.
3. Comparative research: registration of applications and office-work in EPO and RosPatent.
The purpose of the given component is optimization of procedure of registration of applications and office-work in RosPatent. For this purpose it is supposed to conduct comparative research and to consider procedures of document circulation EPO and RosPatent, to define the high lights which rapprochement could promote increase of efficiency of office-work in department. By results of research visit of the Russian experts in EPO for studying of practical application of approaches EPO to the document circulation organization is planned.
4. Economy and management of objects of intellectual property.
For the purpose of development already existing in RGIIS curriculum on economy and management of intellectual property it was offered to organize a round table with participation of representatives of other institutes which offer courses on economic aspects of intellectual property. Within the limits of round table the exchange of opinions on which basis new system approach to the organization for training on economy and management of intellectual property in Russia can be developed was supposed.
5. Courts practice of EU countries on prolongation on validity period of patents for medical products.
Considering that possibility of prolongation on validity period of patents for medical products is rather new sphere of regulation which has already found reflexion in positions of the Russian legislation, it was offered to organize in Moscow a round table on exchange of opinions and experience of experts in the field. On its results creation of the collection containing the information on approaches to rights-applications, realized in the different countries is planned.
After discussion of concrete aspects of the project, in particular to necessity to consider that in Russia, unlike the EU countries, protection is given to ways of treatment; participants have confirmed interest in realization of the given project.
The meeting has passed in meaningful dialogue atmosphere, and project partners have highly appreciated its efficiency.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
On 17th November, 2009 in RosPatent the starting meeting on project realization «Rapprochement of aspects for intellectual property protection rights in EU and in Russian Federation», the first joint project using the mechanism of the General spaces, provided by the agreement between Russia and EU has taken place.
The meeting was spent for coordination of actions on start and further realization of the project, and also for the coordination for approaches of all interested in realization of the project parties. Partners within the limits of this Project are: RosPatent, the European commission and the European patent department (EPO).
With a view of realization the project by the European commission and the European patent department (EPO) the agreement according to which EPO has appointed an executive under this project and the addressee of the means allocated within the limits of the given project with the European commission is signed.
In meeting, RGIIS, European business association representatives of the Ministry of Education and Science of Russian Federation, State Duma, FGU, FIPS also have taken part in Russia, and also representatives of mass media. Head RosPatent, B.P. Simonov conducted meeting.
Participants have discussed concrete components of the project and time frameworks of its realization. Within a year it is supposed to realize actions for following directions:
1. Comparison of legislative base in sphere of patent protection in Russia and in European patent convention (EPC).
Within the limits of the given component it is planned to conduct research of the operating Russian legislation in sphere of intellectual property about its conformity to positions of the European patent convention (EPC) and to prepare recommendations about possible entering into it of changes.
By results of research it is supposed to hold a seminar and to publish the booklet so that representatives of interested parties, in particular the Russian science, industry and business, could on the basis of the received information on various aspects of European and Russian systems of granting of a right protection to inventions, to develop the approaches to patenting in Russia and abroad.
2. Working out and the management publication on carrying out of patent expert examination for experts of RosPatent.
For the purpose of improvement of quality of consideration of applications and increase of predictability of expert decisions, and also to consideration of applications the Management on patent expert examination carrying out is planned to develop and publish developments of the uniform interdepartmental approach.
Experts of RosPatent will be the basic users of the publication, but under the offer of participants of meeting the question on the document publication on a Federal Agency web portal to make procedure of patent expert examination more transparent will be considered and to remove some questions arising at interaction of the applicant and the expert.
3. Comparative research: registration of applications and office-work in EPO and RosPatent.
The purpose of the given component is optimization of procedure of registration of applications and office-work in RosPatent. For this purpose it is supposed to conduct comparative research and to consider procedures of document circulation EPO and RosPatent, to define the high lights which rapprochement could promote increase of efficiency of office-work in department. By results of research visit of the Russian experts in EPO for studying of practical application of approaches EPO to the document circulation organization is planned.
4. Economy and management of objects of intellectual property.
For the purpose of development already existing in RGIIS curriculum on economy and management of intellectual property it was offered to organize a round table with participation of representatives of other institutes which offer courses on economic aspects of intellectual property. Within the limits of round table the exchange of opinions on which basis new system approach to the organization for training on economy and management of intellectual property in Russia can be developed was supposed.
5. Courts practice of EU countries on prolongation on validity period of patents for medical products.
Considering that possibility of prolongation on validity period of patents for medical products is rather new sphere of regulation which has already found reflexion in positions of the Russian legislation, it was offered to organize in Moscow a round table on exchange of opinions and experience of experts in the field. On its results creation of the collection containing the information on approaches to rights-applications, realized in the different countries is planned.
After discussion of concrete aspects of the project, in particular to necessity to consider that in Russia, unlike the EU countries, protection is given to ways of treatment; participants have confirmed interest in realization of the given project.
The meeting has passed in meaningful dialogue atmosphere, and project partners have highly appreciated its efficiency.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
пятница, 20 ноября 2009 г.
WIPO Launches Enhanced Patent Information Service
Geneva, November 17, 2009
PR/2009/618
WIPO has launched an enhanced online patent information service that will improve public access to information on patents filed and granted around the world. WIPO’s PATENTSCOPE®, which currently hosts data on more than 1.6 million international patent applications filed under the Patent Cooperation Treaty (PCT), has been extended to include several collections of national and regional patent information.
In this first phase, WIPO’s PATENTSCOPE® includes the patent data collections of eight patent offices: African Regional Intellectual Property Organization (ARIPO), Cuba, Israel, Republic of Korea, Mexico, Singapore, South Africa and Vietnam. WIPO has been working closely with these patent offices to ensure the data collections are fully searchable.
The expansion of WIPO’s PATENTSCOPE® data collection makes it possible to conduct high-quality, detailed and free-of-charge searches of the patent information of the participating offices. Many of these collections had previously not been digitized and were not easily searchable. This initiative is taking place within the context of WIPO’s commitment to supporting the development of a fully integrated global IP infrastructure and to increasing participation by developing and least developed countries in the benefits of the knowledge economy.
The availability of good quality patent information which contains detailed technical specifications of new technologies is an important step towards narrowing the knowledge gap in technological information. WIPO’s PATENTSCOPE®, which facilitates the search and retrieval of patent information, is designed to enhance access to the wealth of technical information contained in patent documents and thereby to promote the broad dissemination of this knowledge. Patent information is of significant practical value to businesses when planning product development, marketing strategies or when seeking partnership opportunities for joint ventures.
In addition to technical information, patent documents offer an indication of who is active in a given field of technology and the legal status of the patents granted to those actors. This information can also be of value to researchers and others seeking information on state-of-the-art technologies, particularly in developing countries, as it can help optimize R&D investment by reducing the chances of unnecessarily duplicating R&D efforts.
WIPO’s expanded PATENTSCOPE® platform offers tools that enable a high-level analysis of technology trends, as well as country and company-level patenting trends. The new service is the result of cooperation agreements between WIPO and the participating national and regional patent offices. WIPO provides technical assistance to offices to assist them in the digitization and dissemination of their patent data. Similar agreements are underway with several additional offices, and others will be added over time.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
PR/2009/618
WIPO has launched an enhanced online patent information service that will improve public access to information on patents filed and granted around the world. WIPO’s PATENTSCOPE®, which currently hosts data on more than 1.6 million international patent applications filed under the Patent Cooperation Treaty (PCT), has been extended to include several collections of national and regional patent information.
In this first phase, WIPO’s PATENTSCOPE® includes the patent data collections of eight patent offices: African Regional Intellectual Property Organization (ARIPO), Cuba, Israel, Republic of Korea, Mexico, Singapore, South Africa and Vietnam. WIPO has been working closely with these patent offices to ensure the data collections are fully searchable.
The expansion of WIPO’s PATENTSCOPE® data collection makes it possible to conduct high-quality, detailed and free-of-charge searches of the patent information of the participating offices. Many of these collections had previously not been digitized and were not easily searchable. This initiative is taking place within the context of WIPO’s commitment to supporting the development of a fully integrated global IP infrastructure and to increasing participation by developing and least developed countries in the benefits of the knowledge economy.
The availability of good quality patent information which contains detailed technical specifications of new technologies is an important step towards narrowing the knowledge gap in technological information. WIPO’s PATENTSCOPE®, which facilitates the search and retrieval of patent information, is designed to enhance access to the wealth of technical information contained in patent documents and thereby to promote the broad dissemination of this knowledge. Patent information is of significant practical value to businesses when planning product development, marketing strategies or when seeking partnership opportunities for joint ventures.
In addition to technical information, patent documents offer an indication of who is active in a given field of technology and the legal status of the patents granted to those actors. This information can also be of value to researchers and others seeking information on state-of-the-art technologies, particularly in developing countries, as it can help optimize R&D investment by reducing the chances of unnecessarily duplicating R&D efforts.
WIPO’s expanded PATENTSCOPE® platform offers tools that enable a high-level analysis of technology trends, as well as country and company-level patenting trends. The new service is the result of cooperation agreements between WIPO and the participating national and regional patent offices. WIPO provides technical assistance to offices to assist them in the digitization and dissemination of their patent data. Similar agreements are underway with several additional offices, and others will be added over time.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
четверг, 19 ноября 2009 г.
WIPO Director General Wraps up Official Visit Topped by Meeting with the P.M.
Geneva, November 13, 2009
PR/2009/617
WIPO Director General Francis Gurry wrapped up a five day official visit to New Delhi on November 13, 2009 in which he held a series of high level meetings, including with the Prime Minister, Dr. Manmohan Singh - that addressed a range of issues of specific interest to India and areas of joint cooperation with WIPO.
The role of balanced national intellectual property (IP) systems in promoting development and growth and in addressing key public policy challenges, such as the environment and public health, was a common theme of these discussions. An agreement to strengthen cooperation between India and WIPO was also signed during the visit.
Mr. Gurry welcomed efforts by the Government of India to promote innovation and creativity in the country through strategic use of the IP system. He underlined the role of IP in driving innovation, creativity and transfer of technology, and emphasized the need to ensure that the IP system produces social and economic benefit.
Talks were held with: Minister for Industry and Commerce, Mr. Anand Sharma, Minister of Human Resource Development, Mr. Kapil Sibal, Minister of State for Science and Technology, Mr. Prithvi Raj Chavan, Minister of State for Environment and Forests, Mr. Jairam Ramesh, Minister of State for Commerce and Industry, Mr. Jyotiraditya Scindia, Minister of State for External Affairs, Mr. Shashi Tharoor, Deputy Chairman of the Planning Commission, Mr. Montek Singh Ahluwalia, Secretary, Department of Industry and Commerce, Mr. Ajay Shankar, Secretary, Information and Broadcasting, Mr. Raghu Menon, and Secretary, Ministry of State for Environment and Forests, Mr. Vijai Sharma.
Discussions covered international treaty talks under WIPO auspices relating to the protection of broadcasting organizations and to the rights of performers in their audiovisual performances. Officials noted India’s continued interest in these issues and committed to actively participate in the negotiations. Emphasis was also made on the structural problems facing copyright in the digital environment, with Mr. Gurry noting the need for global reflection on the question of financing culture in the 21st century.
The role that IP can play in mitigating the consequences of climate change was also discussed. Mr. Gurry said WIPO is committed to building broader understanding of the important contribution that IP can make in generating and disseminating technological solutions to address the multi-faceted challenges that climate change presents. He said that policies that stimulate the creation and diffusion of technology are directly relevant to an effective response to the challenges of climate change.
Officials noted that questions relating to climate change are at the forefront of India’s policy concerns and that New Delhi is committed to finding global solutions to meet these challenges. Mr. Gurry noted that WIPO had a positive contribution to make in relation to technology mapping and landscaping to identify existing technologies and their legal status, as well as in the area of capacity building.
A recurring theme was the importance of advancing international discussions on the protection of traditional knowledge (TK), genetic resources (GRs) and folklore. Mr. Gurry observed that there is a real opportunity to achieve tangible results in this area with the renewed mandate of the WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). Officials stressed that this question is very important for India and developing countries in general.
Mr. Gurry said India is a pioneer in dealing with questions relating to TK, noting its impressive, and publicly available, Traditional Knowledge Digital Library (TKDL), which contains a vast encyclopedic database of thousands of formulations in patent search compatible formats in various languages. Officials said India is ready to share its extensive experience in developing its TKDL and to strengthen cooperation in developing and populating other databases.
Talks also covered India’s possible accession to the Madrid system for the international registration of trademarks. A proposal is currently under consideration by the Indian Parliament and a decision is expected in early December. Mr. Gurry said this would be “a major event and would signal a new phase in the Madrid system.”
On November 13, 2009, Mr. Gurry and Mr. Shankar signed a memorandum of understanding (MOU) which commits to strengthening bilateral cooperation “through a more intense, active and systematic organization and conduct of joint activities that will promote the goal of using IP for economic, social, cultural and technological development in India.”
WIPO and India will cooperate more closely in a variety of fields, ranging from the formulation and implementation of a national IP strategy that is aligned with India’s national development priorities, to raising awareness of IP as a critical tool for promoting innovation and creativity. Cooperation will be tightened with respect to technology transfer to address global challenges such as health, food security, climate change and the environment, as well as IP issues regarding TK, GRs and folklore and building respect for IP.
The MOU also calls for cooperation in the strategic use of trademarks, geographical indications and industrial designs for promoting enterprise competitiveness and market access, as well as use of the copyright system to promote creativity, particularly in the digital environment, and strategic management and use of IP by companies, particularly SMEs.
IP training and research will be reinforced under the MOU through stronger cooperation between the WIPO Worldwide Academy (WWA) and the National Institute for Intellectual Property Management (NIIPM) of India . WIPO will also support India’s IP authorities in modernizing their infrastructures and will support greater use of WIPO’s global protection systems which facilitate the process of obtaining IP rights in multiple countries, (e.g. the Patent Cooperation Treaty and the Madrid System for the International Registration of Trademarks). Both sides also committed to exchanging patent and trademark data (national, PCT, and Madrid) for inclusion in their respective databases.
Mr. Gurry also visited the Intellectual Property Office of India and met with its staff, including the Controller General of Patents, Designs & Trade Marks, Mr. P.H.Kurian. The Director General underlined the importance of the Office’s function in light of the increasing use of IP rights by Indian enterprises.
A roundtable organized by the Confederation of Indian Industry (CII) brought together some 50 enterprise leaders, from various sectors for a discussion on WIPO’s activities. The Director General outlined recent developments at WIPO as well as future priorities and their relevance for Indian enterprises. A separate roundtable was organized by the Federation of Indian Chambers of Commerce (FICCI) with representatives of the entertainment sector.
Mr. Gurry this week also participated in the following events: 5th International Forum on Creativity and Inventions - A Better Future for Humanity in the 21st Century, a meeting with India’s community of visually impaired persons (VIP), and the International Conference on Traditional Knowledge.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
PR/2009/617
WIPO Director General Francis Gurry wrapped up a five day official visit to New Delhi on November 13, 2009 in which he held a series of high level meetings, including with the Prime Minister, Dr. Manmohan Singh - that addressed a range of issues of specific interest to India and areas of joint cooperation with WIPO.
The role of balanced national intellectual property (IP) systems in promoting development and growth and in addressing key public policy challenges, such as the environment and public health, was a common theme of these discussions. An agreement to strengthen cooperation between India and WIPO was also signed during the visit.
Mr. Gurry welcomed efforts by the Government of India to promote innovation and creativity in the country through strategic use of the IP system. He underlined the role of IP in driving innovation, creativity and transfer of technology, and emphasized the need to ensure that the IP system produces social and economic benefit.
Talks were held with: Minister for Industry and Commerce, Mr. Anand Sharma, Minister of Human Resource Development, Mr. Kapil Sibal, Minister of State for Science and Technology, Mr. Prithvi Raj Chavan, Minister of State for Environment and Forests, Mr. Jairam Ramesh, Minister of State for Commerce and Industry, Mr. Jyotiraditya Scindia, Minister of State for External Affairs, Mr. Shashi Tharoor, Deputy Chairman of the Planning Commission, Mr. Montek Singh Ahluwalia, Secretary, Department of Industry and Commerce, Mr. Ajay Shankar, Secretary, Information and Broadcasting, Mr. Raghu Menon, and Secretary, Ministry of State for Environment and Forests, Mr. Vijai Sharma.
Discussions covered international treaty talks under WIPO auspices relating to the protection of broadcasting organizations and to the rights of performers in their audiovisual performances. Officials noted India’s continued interest in these issues and committed to actively participate in the negotiations. Emphasis was also made on the structural problems facing copyright in the digital environment, with Mr. Gurry noting the need for global reflection on the question of financing culture in the 21st century.
The role that IP can play in mitigating the consequences of climate change was also discussed. Mr. Gurry said WIPO is committed to building broader understanding of the important contribution that IP can make in generating and disseminating technological solutions to address the multi-faceted challenges that climate change presents. He said that policies that stimulate the creation and diffusion of technology are directly relevant to an effective response to the challenges of climate change.
Officials noted that questions relating to climate change are at the forefront of India’s policy concerns and that New Delhi is committed to finding global solutions to meet these challenges. Mr. Gurry noted that WIPO had a positive contribution to make in relation to technology mapping and landscaping to identify existing technologies and their legal status, as well as in the area of capacity building.
A recurring theme was the importance of advancing international discussions on the protection of traditional knowledge (TK), genetic resources (GRs) and folklore. Mr. Gurry observed that there is a real opportunity to achieve tangible results in this area with the renewed mandate of the WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). Officials stressed that this question is very important for India and developing countries in general.
Mr. Gurry said India is a pioneer in dealing with questions relating to TK, noting its impressive, and publicly available, Traditional Knowledge Digital Library (TKDL), which contains a vast encyclopedic database of thousands of formulations in patent search compatible formats in various languages. Officials said India is ready to share its extensive experience in developing its TKDL and to strengthen cooperation in developing and populating other databases.
Talks also covered India’s possible accession to the Madrid system for the international registration of trademarks. A proposal is currently under consideration by the Indian Parliament and a decision is expected in early December. Mr. Gurry said this would be “a major event and would signal a new phase in the Madrid system.”
On November 13, 2009, Mr. Gurry and Mr. Shankar signed a memorandum of understanding (MOU) which commits to strengthening bilateral cooperation “through a more intense, active and systematic organization and conduct of joint activities that will promote the goal of using IP for economic, social, cultural and technological development in India.”
WIPO and India will cooperate more closely in a variety of fields, ranging from the formulation and implementation of a national IP strategy that is aligned with India’s national development priorities, to raising awareness of IP as a critical tool for promoting innovation and creativity. Cooperation will be tightened with respect to technology transfer to address global challenges such as health, food security, climate change and the environment, as well as IP issues regarding TK, GRs and folklore and building respect for IP.
The MOU also calls for cooperation in the strategic use of trademarks, geographical indications and industrial designs for promoting enterprise competitiveness and market access, as well as use of the copyright system to promote creativity, particularly in the digital environment, and strategic management and use of IP by companies, particularly SMEs.
IP training and research will be reinforced under the MOU through stronger cooperation between the WIPO Worldwide Academy (WWA) and the National Institute for Intellectual Property Management (NIIPM) of India . WIPO will also support India’s IP authorities in modernizing their infrastructures and will support greater use of WIPO’s global protection systems which facilitate the process of obtaining IP rights in multiple countries, (e.g. the Patent Cooperation Treaty and the Madrid System for the International Registration of Trademarks). Both sides also committed to exchanging patent and trademark data (national, PCT, and Madrid) for inclusion in their respective databases.
Mr. Gurry also visited the Intellectual Property Office of India and met with its staff, including the Controller General of Patents, Designs & Trade Marks, Mr. P.H.Kurian. The Director General underlined the importance of the Office’s function in light of the increasing use of IP rights by Indian enterprises.
A roundtable organized by the Confederation of Indian Industry (CII) brought together some 50 enterprise leaders, from various sectors for a discussion on WIPO’s activities. The Director General outlined recent developments at WIPO as well as future priorities and their relevance for Indian enterprises. A separate roundtable was organized by the Federation of Indian Chambers of Commerce (FICCI) with representatives of the entertainment sector.
Mr. Gurry this week also participated in the following events: 5th International Forum on Creativity and Inventions - A Better Future for Humanity in the 21st Century, a meeting with India’s community of visually impaired persons (VIP), and the International Conference on Traditional Knowledge.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
понедельник, 16 ноября 2009 г.
International Conference Calls for Concrete Outcomes on TK, GRs & TCEs
Geneva, November 13, 2009
PR/2009/616
WIPO Director General Francis Gurry, joined by India’s Secretary, Department of Industry and Commerce, Mr. Ajay Shankar, opened on November 13, 2009 an international conference by highlighting the importance of developing a balanced international legal framework for the effective protection of traditional knowledge (TK), genetic resources (GRs) and traditional cultural expressions (TCEs).
The one-day meeting, organized by the Federation of Indian Chambers of Commerce and Industry (FICCI), in cooperation with WIPO and India’s Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry brought together international experts to discuss these questions in a frank and informal context. Experts from India, Australia, Bangladesh, Kenya, Mexico, South Africa, the United States of America and the African Regional Intellectual Property Organization, FICCI and WIPO participated.
Mr. Gurry said that the meeting offered a welcome opportunity to support international negotiations on intellectual property and TK, GRs and TCEs, noting that last month WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) received its strongest mandate to date when WIPO member states agreed to launch negotiations to ensure the effective protection of TK, GRs and TCEs through the development of an international legal instrument.
The decision to move ahead with these negotiations is of great significance, Mr. Gurry said, because it recognizes TK, GRs and TCEs as part of a more universal knowledge base upon which the IP system rests.
Mr. Gurry said negotiations need to be approached in a constructive manner with a sense of pragmatism. “We have complex issues before us in adapting the IP system in providing protection for TK…We have to find pragmatic solutions. Pragmatism is the only way we will move forward,” he said. At the international level, solutions must be found at a level of generality that allows national jurisdictions the flexibility to operate. Informal forums for dialogue such as this Conference were vital, and Mr. Gurry paid tribute to FICCI’s initiative in organizing the event.
The Director General applauded India’s achievements in establishing frameworks to protect its ancient traditional knowledge systems, such as the “Indian Systems of Medicine” initiative which covers traditional healthcare systems and medicine. Mr. Gurry also noted the enactment of legislative protections for TK and GRs (Biological Diversity Act 2002; Patents (Amendment) Act 2005) and the establishment of a Traditional Knowledge Digital Library (TKDL) to supplement these laws.
Mr. Shankar said issues relating to TK and GR had moved to center stage in India and internationally in the past 10 years, propelled into the limelight by foreign patents granted over age-old Indian resources such as neem and turmeric. The Indian TKDL has been developed to defend against misappropriation of TK. The issues were conceptually novel and considerable discussion and rigorous analyses were needed.
DIPP had requested FICCI to set up a Traditional Knowledge Taskforce to explore the issues and options, Mr. Shankar said. The TKDL had been a great success. An agreement had been entered into with the European Patent Office and a fair number of patents have been denied by EPO since. The new mandate at WIPO was a good development, Mr Shankar said. The international community was moving into new unchartered territory but should be able to arrive collectively at a balanced agreement. India was committed to remaining active in this work, he observed.
The TKDL is owned jointly by the Council for Scientific and Industrial Research and the Department of Ayurveda, Yoga, Unani, Sidh and Homeopathy (AYUSH). It comprises a vast encyclopedic database of thousands of formulations in patent search compatible formats in various languages.
The New Delhi meeting brought together international and local speakers and covered developments at the WIPO IGC as well as national initiatives and programs in countries such as India, Kenya, Mexico, the USA, Australia, Bangladesh and South Africa as well as at ARIPO.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
PR/2009/616
WIPO Director General Francis Gurry, joined by India’s Secretary, Department of Industry and Commerce, Mr. Ajay Shankar, opened on November 13, 2009 an international conference by highlighting the importance of developing a balanced international legal framework for the effective protection of traditional knowledge (TK), genetic resources (GRs) and traditional cultural expressions (TCEs).
The one-day meeting, organized by the Federation of Indian Chambers of Commerce and Industry (FICCI), in cooperation with WIPO and India’s Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry brought together international experts to discuss these questions in a frank and informal context. Experts from India, Australia, Bangladesh, Kenya, Mexico, South Africa, the United States of America and the African Regional Intellectual Property Organization, FICCI and WIPO participated.
Mr. Gurry said that the meeting offered a welcome opportunity to support international negotiations on intellectual property and TK, GRs and TCEs, noting that last month WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) received its strongest mandate to date when WIPO member states agreed to launch negotiations to ensure the effective protection of TK, GRs and TCEs through the development of an international legal instrument.
The decision to move ahead with these negotiations is of great significance, Mr. Gurry said, because it recognizes TK, GRs and TCEs as part of a more universal knowledge base upon which the IP system rests.
Mr. Gurry said negotiations need to be approached in a constructive manner with a sense of pragmatism. “We have complex issues before us in adapting the IP system in providing protection for TK…We have to find pragmatic solutions. Pragmatism is the only way we will move forward,” he said. At the international level, solutions must be found at a level of generality that allows national jurisdictions the flexibility to operate. Informal forums for dialogue such as this Conference were vital, and Mr. Gurry paid tribute to FICCI’s initiative in organizing the event.
The Director General applauded India’s achievements in establishing frameworks to protect its ancient traditional knowledge systems, such as the “Indian Systems of Medicine” initiative which covers traditional healthcare systems and medicine. Mr. Gurry also noted the enactment of legislative protections for TK and GRs (Biological Diversity Act 2002; Patents (Amendment) Act 2005) and the establishment of a Traditional Knowledge Digital Library (TKDL) to supplement these laws.
Mr. Shankar said issues relating to TK and GR had moved to center stage in India and internationally in the past 10 years, propelled into the limelight by foreign patents granted over age-old Indian resources such as neem and turmeric. The Indian TKDL has been developed to defend against misappropriation of TK. The issues were conceptually novel and considerable discussion and rigorous analyses were needed.
DIPP had requested FICCI to set up a Traditional Knowledge Taskforce to explore the issues and options, Mr. Shankar said. The TKDL had been a great success. An agreement had been entered into with the European Patent Office and a fair number of patents have been denied by EPO since. The new mandate at WIPO was a good development, Mr Shankar said. The international community was moving into new unchartered territory but should be able to arrive collectively at a balanced agreement. India was committed to remaining active in this work, he observed.
The TKDL is owned jointly by the Council for Scientific and Industrial Research and the Department of Ayurveda, Yoga, Unani, Sidh and Homeopathy (AYUSH). It comprises a vast encyclopedic database of thousands of formulations in patent search compatible formats in various languages.
The New Delhi meeting brought together international and local speakers and covered developments at the WIPO IGC as well as national initiatives and programs in countries such as India, Kenya, Mexico, the USA, Australia, Bangladesh and South Africa as well as at ARIPO.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
пятница, 13 ноября 2009 г.
WIPO Director General Pledges Supports India’s Visually Impaired Community
Geneva, November 11, 2009
PR/2009/615
WIPO Director General Francis Gurry met representatives of India’s visually impaired (VIP) community at a conference on the “Right to Read of persons with print disabilities and copyright challenges” organized by the VIP community in cooperation with the Government of India in New Delhi on November 11, 2009, and reaffirmed WIPO’s commitment to supporting international attempts to improve access to copyright protected works by visually impaired persons (VIPs). “Let me assure you that this is a priority area for the World Intellectual Property Organization,” Mr. Gurry said.
More than 314 million blind or visually impaired people around the world stand to benefit from a more flexible copyright regime adapted to current technological realities. Individuals with reading impairment often need to convert information into Braille, large print, audio, electronic and other formats using assistive technologies. It is estimated that only 5% of published books in developed countries are converted into formats accessible to the reading impaired. In India, however, only 0.5% of works are published in accessible formats. This has an adverse impact on the educational and employment opportunities of the country’s nearly 70 million reading impaired citizens.
While, today, sighted individuals enjoy unprecedented access to copyright-protected content, in some contexts, social, economic, technological and legal factors, including the operation of copyright protection systems, can combine to seriously impede access to such works by the blind or other reading impaired persons. Widespread use of digital technologies, in particular, has prompted reconsideration of the question of how to maintain a balance between the protection available to copyright owners, and the needs of specific user groups, such as reading impaired persons.
During the meeting, members of the Indian VIP community endorsed WIPO’s role in steering the VIP Initiative at the international level. Mr. Gurry reaffirmed his personal commitment to the specific needs of this community, particularly in developing and least-developed countries: He said innovation and affordability are key considerations when addressing the specific requirements of the VIP in developing countries.
To move forward on these questions, Mr. Gurry noted, we will need to take join ranks with UN partners, namely the World Health Organization (WHO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the International Telecommunication Union (ITU), the Office of the United Nations High Commissioner for Human Rights (OHCHR), among others, to make best use of the expertise and skills that are available. The ITU for example, is particularly well placed to provide important technological inputs in the field of telephony and communications and to foster public-private partnerships in this area.
Mr. Gurry welcomed India’s readiness to test the prototype guidelines for trusted intermediaries recently adopted by the WIPO Stakeholders’ Platform. The Director General said that WIPO was ready to explore options to support training/capacity building activities in India for VIPs within the framework of the VIP initiative.
The New Delhi meeting reviewed a series of operational arrangements that could enable fast track access to certain copyright-protected works, particularly educational materials, in local Indian languages. It also focused on the need to incorporate the necessary flexibilities in the Indian Copyright Act 1957 for the benefit of print impaired persons.
Representatives of key organizations such as the National Institute for the Visually Handicapped (NIVH), the Regional Resource Centre of the Digital Accessible Information System (DAISY), the Centre for Internet and Society and the Federation of Publishers’ & Booksellers’ Associations in India presented their views and concerns on the subject. The meeting was opened to a larger audience of authors, publishers, collective management organizations and librarians, among others. India’s former Ambassador of India to the United Nations in Geneva, Mr. Swashpawan Singh, honorary advisor on the VIP Initiative to the Director General of WIPO, also participated in the discussions.
Background
In its May 2008 session, the WIPO’s Standing Committee for Copyright and Related Rights (SCCR) acknowledged the special needs of VIPs and stressed the importance of dealing, without delay and with appropriate deliberation, with the needs of the blind, visually impaired, and other reading-disabled persons, including discussions at the national and international level on possible ways and means of facilitating and enhancing access to protected works.
In this context, WIPO is currently hosting a global Stakeholders’ platform to explore the specific needs, and concerns, of both copyright owners and reading impaired persons. The aim of the platform is to explore and identify possible operational arrangements to make published works available in accessible formats to the VIP community and within a reasonable time frame. The Platform has recognized the importance of building trust among all parties and has agreed on a first set of principles to facilitate the cross border transfer of published works to print-disabled people, particularly among charities.
A draft treaty on the visually impaired persons and for other people with reading disabilities was put forward by the delegations of Brazil, Ecuador and Paraguay in May 2009. This, together with other possible proposals and contributions by the members of the SCCR, will be discussed at the 19th Session of the SCCR in December 2009, with a view to establishing a multilateral legal framework in the field of limitations and exceptions for the benefit of VIPs.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
PR/2009/615
WIPO Director General Francis Gurry met representatives of India’s visually impaired (VIP) community at a conference on the “Right to Read of persons with print disabilities and copyright challenges” organized by the VIP community in cooperation with the Government of India in New Delhi on November 11, 2009, and reaffirmed WIPO’s commitment to supporting international attempts to improve access to copyright protected works by visually impaired persons (VIPs). “Let me assure you that this is a priority area for the World Intellectual Property Organization,” Mr. Gurry said.
More than 314 million blind or visually impaired people around the world stand to benefit from a more flexible copyright regime adapted to current technological realities. Individuals with reading impairment often need to convert information into Braille, large print, audio, electronic and other formats using assistive technologies. It is estimated that only 5% of published books in developed countries are converted into formats accessible to the reading impaired. In India, however, only 0.5% of works are published in accessible formats. This has an adverse impact on the educational and employment opportunities of the country’s nearly 70 million reading impaired citizens.
While, today, sighted individuals enjoy unprecedented access to copyright-protected content, in some contexts, social, economic, technological and legal factors, including the operation of copyright protection systems, can combine to seriously impede access to such works by the blind or other reading impaired persons. Widespread use of digital technologies, in particular, has prompted reconsideration of the question of how to maintain a balance between the protection available to copyright owners, and the needs of specific user groups, such as reading impaired persons.
During the meeting, members of the Indian VIP community endorsed WIPO’s role in steering the VIP Initiative at the international level. Mr. Gurry reaffirmed his personal commitment to the specific needs of this community, particularly in developing and least-developed countries: He said innovation and affordability are key considerations when addressing the specific requirements of the VIP in developing countries.
To move forward on these questions, Mr. Gurry noted, we will need to take join ranks with UN partners, namely the World Health Organization (WHO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the International Telecommunication Union (ITU), the Office of the United Nations High Commissioner for Human Rights (OHCHR), among others, to make best use of the expertise and skills that are available. The ITU for example, is particularly well placed to provide important technological inputs in the field of telephony and communications and to foster public-private partnerships in this area.
Mr. Gurry welcomed India’s readiness to test the prototype guidelines for trusted intermediaries recently adopted by the WIPO Stakeholders’ Platform. The Director General said that WIPO was ready to explore options to support training/capacity building activities in India for VIPs within the framework of the VIP initiative.
The New Delhi meeting reviewed a series of operational arrangements that could enable fast track access to certain copyright-protected works, particularly educational materials, in local Indian languages. It also focused on the need to incorporate the necessary flexibilities in the Indian Copyright Act 1957 for the benefit of print impaired persons.
Representatives of key organizations such as the National Institute for the Visually Handicapped (NIVH), the Regional Resource Centre of the Digital Accessible Information System (DAISY), the Centre for Internet and Society and the Federation of Publishers’ & Booksellers’ Associations in India presented their views and concerns on the subject. The meeting was opened to a larger audience of authors, publishers, collective management organizations and librarians, among others. India’s former Ambassador of India to the United Nations in Geneva, Mr. Swashpawan Singh, honorary advisor on the VIP Initiative to the Director General of WIPO, also participated in the discussions.
Background
In its May 2008 session, the WIPO’s Standing Committee for Copyright and Related Rights (SCCR) acknowledged the special needs of VIPs and stressed the importance of dealing, without delay and with appropriate deliberation, with the needs of the blind, visually impaired, and other reading-disabled persons, including discussions at the national and international level on possible ways and means of facilitating and enhancing access to protected works.
In this context, WIPO is currently hosting a global Stakeholders’ platform to explore the specific needs, and concerns, of both copyright owners and reading impaired persons. The aim of the platform is to explore and identify possible operational arrangements to make published works available in accessible formats to the VIP community and within a reasonable time frame. The Platform has recognized the importance of building trust among all parties and has agreed on a first set of principles to facilitate the cross border transfer of published works to print-disabled people, particularly among charities.
A draft treaty on the visually impaired persons and for other people with reading disabilities was put forward by the delegations of Brazil, Ecuador and Paraguay in May 2009. This, together with other possible proposals and contributions by the members of the SCCR, will be discussed at the 19th Session of the SCCR in December 2009, with a view to establishing a multilateral legal framework in the field of limitations and exceptions for the benefit of VIPs.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
четверг, 12 ноября 2009 г.
International Forum Opens with Emphasis on Need for Balance in IP Systems
Geneva, November 11, 2009
PR/2009/614
The need for a balance in the intellectual property (IP) system between effective incentives for innovation and the diffusion of the benefits of innovation, as well as the interface between IP and public policy objectives, such as the environment and public health was emphasized by India’s Minister for Commerce and Industry Anand Sharma at the opening of the 5th International Forum on Creativity and Inventions - A Better Future for Humanity in the 21st Century, on November 11, 2009 in New Delhi. WIPO Director General Francis Gurry also underlined the need for balance and outlined the challenges and opportunities facing the IP community in a rapidly evolving economic and technological environment.
Mr. Sharma said intellectual property is in the spotlight, receiving more focus and attention than ever before. He noted that technological innovation is driving economic development and underlined the Indian Government’s commitment to ensuring a robust IP environment – both in terms of a legal and administrative framework. “Those who are behind new innovations need assurances from multilateral organizations and also from the governments – we in India remain mindful of that and we have really strong IP regimes,” Mr. Sharma said.
The Minister said that while IP needs a secure environment, it is equally important to ensure that the benefits of innovation and knowledge are shared. In this respect, he underlined the need to ensure universal health and education, to alleviate poverty and to reduce the knowledge divide. Mr. Sharma underlined the need to improve the capacity of developing and least developed countries (LDCs) to benefit from the knowledge economy and the imperative of improving access to the benefits offered by the IP systems.
Mr. Sharma said the Indian generics sector has succeeded in driving down the global price of life-saving medications. On climate change, the Minister said there has to be free transfer of relevant technology to poor countries, as well as the availability of resources. “That is where the balance has to come…it is not easy to create the balance, but there is no way forward if that balance is not there. We should be addressing these larger issues too.”
Mr. Gurry underlined the critical role of IP in developing solutions to key policy questions, including public health, climate change, and food security. He said countries must work together to ensure that the IP system serves as a stimulus for developing solutions to the global challenges confronting policy makers across the world.
The Director General said the recent economic crisis has had a visible impact on demand for IP rights. Despite the short term effects of the economic crisis, he noted, it is clear that the long term trend is one of intensified use of the IP system in which knowledge and education are at the center of the economy, development and social change.
The need to develop an effective and balanced normative framework in a way that stimulates innovation and creativity and balances the interests of owners, users and society as a whole was also addressed by Mr. Gurry. He outlined several challenges confronting the IP community – huge backlogs of unprocessed patent applications, a digital environment that is placing stress on traditional copyright models, the capacity of IP to contribute to reducing the knowledge divide, and the need to overcome policy tensions between IP and public policy objectives.
Background
The Forum, from November 11 to 13, 2009, is organized by WIPO, in cooperation with the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry of the Government of India and with the assistance of the Federation of Indian Chamber of Commerce and Industry (FICCI). Previous Forums have been held in Helsinki (Finland), Beijing, (China), Cape Town, (South Africa) and San Jose, (Costa Rica).
Themes for discussion include the implications of the global economic downturn for IP and how IP can mitigate the impact of the economic crisis, IP for economic resurgence and development, new innovation models and strategies, and the role of IP in fostering the development of new technologies. The advantages of developing a national IP and innovation strategy as a cohesive framework for the development of dynamic innovation ecosystems together with the critical role of public research institutions, universities and industry will also be explored.
Discussions will also focus on examining ways to harness the potential benefits of using IP strategically to create opportunities for improved business competitiveness, market expansion and economic development.
Speakers from Asia including India, Africa, Latin America, Europe and the United States of America will address the following themes: The Evolving Global Economy and its Impact on IP, The Role of IP in Promoting, Generating and Accessing New Technologies, The Innovation Paradigm: Effective National IP and Innovation Eco-systems, The Creativity Challenge: Sustained Generation of and Access to Knowledge, Dynamic Use of IP for Business Competitiveness, and Building Respect for IP.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
PR/2009/614
The need for a balance in the intellectual property (IP) system between effective incentives for innovation and the diffusion of the benefits of innovation, as well as the interface between IP and public policy objectives, such as the environment and public health was emphasized by India’s Minister for Commerce and Industry Anand Sharma at the opening of the 5th International Forum on Creativity and Inventions - A Better Future for Humanity in the 21st Century, on November 11, 2009 in New Delhi. WIPO Director General Francis Gurry also underlined the need for balance and outlined the challenges and opportunities facing the IP community in a rapidly evolving economic and technological environment.
Mr. Sharma said intellectual property is in the spotlight, receiving more focus and attention than ever before. He noted that technological innovation is driving economic development and underlined the Indian Government’s commitment to ensuring a robust IP environment – both in terms of a legal and administrative framework. “Those who are behind new innovations need assurances from multilateral organizations and also from the governments – we in India remain mindful of that and we have really strong IP regimes,” Mr. Sharma said.
The Minister said that while IP needs a secure environment, it is equally important to ensure that the benefits of innovation and knowledge are shared. In this respect, he underlined the need to ensure universal health and education, to alleviate poverty and to reduce the knowledge divide. Mr. Sharma underlined the need to improve the capacity of developing and least developed countries (LDCs) to benefit from the knowledge economy and the imperative of improving access to the benefits offered by the IP systems.
Mr. Sharma said the Indian generics sector has succeeded in driving down the global price of life-saving medications. On climate change, the Minister said there has to be free transfer of relevant technology to poor countries, as well as the availability of resources. “That is where the balance has to come…it is not easy to create the balance, but there is no way forward if that balance is not there. We should be addressing these larger issues too.”
Mr. Gurry underlined the critical role of IP in developing solutions to key policy questions, including public health, climate change, and food security. He said countries must work together to ensure that the IP system serves as a stimulus for developing solutions to the global challenges confronting policy makers across the world.
The Director General said the recent economic crisis has had a visible impact on demand for IP rights. Despite the short term effects of the economic crisis, he noted, it is clear that the long term trend is one of intensified use of the IP system in which knowledge and education are at the center of the economy, development and social change.
The need to develop an effective and balanced normative framework in a way that stimulates innovation and creativity and balances the interests of owners, users and society as a whole was also addressed by Mr. Gurry. He outlined several challenges confronting the IP community – huge backlogs of unprocessed patent applications, a digital environment that is placing stress on traditional copyright models, the capacity of IP to contribute to reducing the knowledge divide, and the need to overcome policy tensions between IP and public policy objectives.
Background
The Forum, from November 11 to 13, 2009, is organized by WIPO, in cooperation with the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry of the Government of India and with the assistance of the Federation of Indian Chamber of Commerce and Industry (FICCI). Previous Forums have been held in Helsinki (Finland), Beijing, (China), Cape Town, (South Africa) and San Jose, (Costa Rica).
Themes for discussion include the implications of the global economic downturn for IP and how IP can mitigate the impact of the economic crisis, IP for economic resurgence and development, new innovation models and strategies, and the role of IP in fostering the development of new technologies. The advantages of developing a national IP and innovation strategy as a cohesive framework for the development of dynamic innovation ecosystems together with the critical role of public research institutions, universities and industry will also be explored.
Discussions will also focus on examining ways to harness the potential benefits of using IP strategically to create opportunities for improved business competitiveness, market expansion and economic development.
Speakers from Asia including India, Africa, Latin America, Europe and the United States of America will address the following themes: The Evolving Global Economy and its Impact on IP, The Role of IP in Promoting, Generating and Accessing New Technologies, The Innovation Paradigm: Effective National IP and Innovation Eco-systems, The Creativity Challenge: Sustained Generation of and Access to Knowledge, Dynamic Use of IP for Business Competitiveness, and Building Respect for IP.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’
пятница, 6 ноября 2009 г.
WIPO & Donor Community to Explore Ways to Enhance use of IP for Development
Geneva, November 2, 2009
MA/2009/52
The World Intellectual Property Organization (WIPO) is hosting an international conference in Geneva on November 5 and 6, 2009 to help improve understanding among the donor community of the key developmental role of IP, to encourage their support for intellectual property-related development projects and improve access by developing countries, particularly least developed countries (LDCs) and countries in Africa, to donor funding for such projects.
The Conference will demonstrate, in particular, to bilateral and multilateral donor agencies, the relevance of intellectual property (IP) to development and to explain how developing countries can use IP to facilitate their economic, social and cultural development, in particular in relation to the Millennium Development Goals (MDGs).
The Conference will focus on three main themes: Aid for Trade; Science, Technology and Innovation for Development; and the Digital Divide. It will bring together presentations of real life examples of IP in action in developing countries from a diverse set of presenters such as: a film producer from Nigeria (Madu Chikwendu, MCM Group, Nigeria), two African designers involved in exporting to developed country markets (Ronel Jordaan and Cheick Diallo), a rose breeder from Kenya (Bas Smit of Kordes Roses), a coffee producer from Ethiopia (Tadesse Meskela, General Manager, Oromia Coffee Farmers Co-operative Union, Addis Ababa, Ethiopia), a South African publisher (Brian Wafawarowa, New Africa Books), the Senegalese music industry (Rokhaya Daba Sarr, Bureau Export de la Musique Africaine & Tringa Musiques et développement) and a traditional knowledge expert (Ann Sintoyia Tome, Maasai Cultural Heritage Foundation Kenya).
These real life experiences will be accompanied by a series of high level roundtable discussions with senior policy-makers. The Conference will be opened by WIPO Director General Francis Gurry followed by introductory keynote speeches by the United Nations Under-Secretary General, Special Adviser on Africa, Cheick Sidi Diarra and the Brazilian Under-Secretary for Economic and Technological Affairs, Ambassador Pedro Carneiro de Mendonça.
The conference is an important step in building a relationship between WIPO, its member states and the donor community and offers an opportunity for developing countries to engage with the donor community on IP-related issues and for WIPO to foster partnerships in support of improved access to funding.
While implementation of the WIPO Development Agenda is provided for under the Organization’s regular budget, the mobilization of extra-budgetary resources is seen as a means of broadening the impact of WIPO’s development work in general and speeding up implementation of recommendations under the WIPO Development Agenda in particular. This initiative is in support of the WIPO Development Agenda which calls for the mobilization of additional resources through donor funding, the establishment of funds in trust and other voluntary funds within WIPO specifically for LDCs and countries in Africa to promote the use of IP for social, economic and cultural development.
In and on behalf of
Mr.Samir, IPPro
MA/2009/52
The World Intellectual Property Organization (WIPO) is hosting an international conference in Geneva on November 5 and 6, 2009 to help improve understanding among the donor community of the key developmental role of IP, to encourage their support for intellectual property-related development projects and improve access by developing countries, particularly least developed countries (LDCs) and countries in Africa, to donor funding for such projects.
The Conference will demonstrate, in particular, to bilateral and multilateral donor agencies, the relevance of intellectual property (IP) to development and to explain how developing countries can use IP to facilitate their economic, social and cultural development, in particular in relation to the Millennium Development Goals (MDGs).
The Conference will focus on three main themes: Aid for Trade; Science, Technology and Innovation for Development; and the Digital Divide. It will bring together presentations of real life examples of IP in action in developing countries from a diverse set of presenters such as: a film producer from Nigeria (Madu Chikwendu, MCM Group, Nigeria), two African designers involved in exporting to developed country markets (Ronel Jordaan and Cheick Diallo), a rose breeder from Kenya (Bas Smit of Kordes Roses), a coffee producer from Ethiopia (Tadesse Meskela, General Manager, Oromia Coffee Farmers Co-operative Union, Addis Ababa, Ethiopia), a South African publisher (Brian Wafawarowa, New Africa Books), the Senegalese music industry (Rokhaya Daba Sarr, Bureau Export de la Musique Africaine & Tringa Musiques et développement) and a traditional knowledge expert (Ann Sintoyia Tome, Maasai Cultural Heritage Foundation Kenya).
These real life experiences will be accompanied by a series of high level roundtable discussions with senior policy-makers. The Conference will be opened by WIPO Director General Francis Gurry followed by introductory keynote speeches by the United Nations Under-Secretary General, Special Adviser on Africa, Cheick Sidi Diarra and the Brazilian Under-Secretary for Economic and Technological Affairs, Ambassador Pedro Carneiro de Mendonça.
The conference is an important step in building a relationship between WIPO, its member states and the donor community and offers an opportunity for developing countries to engage with the donor community on IP-related issues and for WIPO to foster partnerships in support of improved access to funding.
While implementation of the WIPO Development Agenda is provided for under the Organization’s regular budget, the mobilization of extra-budgetary resources is seen as a means of broadening the impact of WIPO’s development work in general and speeding up implementation of recommendations under the WIPO Development Agenda in particular. This initiative is in support of the WIPO Development Agenda which calls for the mobilization of additional resources through donor funding, the establishment of funds in trust and other voluntary funds within WIPO specifically for LDCs and countries in Africa to promote the use of IP for social, economic and cultural development.
In and on behalf of
Mr.Samir, IPPro
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