1 WORLD INTELLECTUAL PROPERTY ORGANIZATION and ITS EDUCATION AND TRAINING PROGRAMS LLM with University of Turin September 8, 2009 Martha Chikowore Consultant WIPO Worldwide Academy

2 OUTLINE WIPO Activities and its Education and Training Programs Intellectual Property History of the int’l IP system WIPO’s main activities WIPO Worldwide Academy /Education and Training Programs

3 Intellectual Property Tools Time Limited Territorial Exclusive Industrial Property -patents - trademarks - industrial designs - geographical indications -Trade secrets Copyright & Related Rights - literary, artistic, musical works - actors, music distributors, etc.

Main Fields of Industrial Property Patents (protect technical features) Trademarks (protect a sign in relation to goods and/or services) Designs (protect the external appearance of a product) Geographical Indications ( protect sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin.

Origins of WIPO international exhibition of inventions in Vienna1873- international exhibition of inventions in Vienna birth of the Paris Convention for the Protection of Industrial Property1883- birth of the Paris Convention for the Protection of Industrial Property adoption of the Berne Convention for the Protection of Literary and Artistic Works1886- adoption of the Berne Convention for the Protection of Literary and Artistic Works The Paris Convention and the Berne Convention, each set up an International Bureau

Origins of WIPO the two Bureaus united to form an international organization called International Bureau for the Protection of Intellectual Property (BIRPI). It was based in Berne, Switzerland BIRPI moved from Berne to Geneva the Convention Establishing the World Intellectual Property Organization adopted (Stockholm) Convention entered into force, and BIRPI became WIPO WIPO became a specialized agency of the United Nations Information is Available: pdfInformation is Available: pdf pdf pdf

7 Milestones : 1883 to 2009 Paris Convention Berne Convention Madrid Agreement BIRPI Hague Agreement BIRPI moves to Geneva WIPO Convention WIPO established PCT Madrid Protocol Internet Treaties 2009 STLT

8 Status: An int’l intergovernmental organization Member States: 184 Staff: 915 from 94 countries Treaties Administered: 24 Decisions by: GA, CC, WIPO Conference To promote the protection of IP rights worldwide and extend the benefits of the international IP system to all member States WIPO’s Mission: Basic Facts about WIPO

9 Target Audience Intellectual Property Offices Public Sector & Policy-Makers General Public & Civil Society Build awareness of IP

WIPO: A Development Agency & a Service Provider Norm- Setting Services to Industry Economic Development

Norm Setting AIM: Progressive development of international IP law for an IP system that is: – –balanced/responsive to emerging needs – –effective in encouraging innovation/creativity – –sufficiently flexible to accommodate national policy objectives Harmonization Treaties International Registration Treaties International Classification Treaties

Harmonisation Treaties Background: IP domestic laws and procedures differ from country to country. This causes problems for IP owners who seek protection in several countries. Objective: to ensure as much as possible harmonization of intellectual property laws, standards, and practices among WIPO’s Member States

Harmonisation Treaties In the field of Patents The Patent Law Treaty (PLT), adopted on June 1, (Concerns only patent formalities and procedures.) Membership: 20 States Discussions on a draft Substantive Patent Law Treaty (SPLT) started in May Discussions focus on issues relating to the grant of patents.

Harmonisation Treaties In the field of Trademarks The Trademark Law Treaty (TLT), adopted on October 27, (Concerns only trademarks formalities and procedures.) Membership: 43 States Revised by the Singapore Treaty, adopted in Singapore on March 27, 2006

Harmonization Treaties In the field of Copyright and Related Rights The Berne Convention, adopted in 1886 Membership: 164 States – –Protects rights of the authors in their literary and artistic works in a uniform manner – –Provides for national treatment against works from other countries party to the Convention. – –Lays down very important minimum protection standards that have to be met by national law The Rome Convention, adopted in 1961 Membership: 88 States The WCT, adopted in Membership: 70 States The WPPT, adopted in Membership: 68 States

Industrial Property In contrast with copyright, the common denominator to industrial property (patents, trademarks and designs) lies in the fact that: protection requires registration

International Registration Treaties Enhancement of global protection systems to further simplify and reduce costs of obtaining protection in multiple countries for: Patents (20 years): Patent Cooperation Treaty (PCT) Adopted: June 19, Membership: 141 Contracting Parties Trademarks (10 years indefinitely): Madrid Agreement and Protocol Concerning the International Registration of Marks. Membership: 84 Contracting Parties Designs (10 to 50 years): Hague Agreement Concerning the International Registration of Designs Membership: 75 States Appellations of Origin: Lisbon Agreement Concerning the International registration of Appellations of Origin Membership: 26 States

International Registration Treaties PCT(1970) provides a simplified procedure for an inventor or applicant to apply for patents in a large number of countries by filing an “international” patent application. Traditional patent system: - filing of patent application in each country - formal examination and search in each country - payment of different fees to the patent offices PCT system: - filing with a single patent office, of a single application, in one language, one set of fees

International Registration Treaties Madrid System for International Registration of Marks: Agreement and Protocol The system makes it possible to protect a mark in a large number of countries by obtaining an international registration which has effect in each of the Contracting Parties that has been designated. Traditional system of protection of TM : - filing many national applications in all countries of interest - in several different languages - in accordance with different national procedural rules and regulations and paying several different fees International registration: - filing one application with the International Bureau - in one language (English, French or Spanish) - paying one set of fees in CH

Madrid Union 84 members (as at Jan. 27, 2009)

21 Standing Committees PPPPatents (SCP) – adopted 2000 TTTTrademarks, Designs, Geographical Indications (SCT) – adopted 2006 in Singapore (Singapore Treaty) CCCCopyright & Related Rights (SCCR) ongoing since 1998 Aim: (i) Build consensus on topical issues; (ii) Take into account interests of all stakeholders for a balanced, reliable, efficient, user-friendly, cost-effective system. N.B. Enforcement issues are discussed within the Advisory Committee on Enforcement (ACE)

Economic Development Goal: Ensure all countries are able to benefit from the use of IP for economic, cultural and social development. * * * * *   Support dvpt/modernization of IP systems in line with dvpt. priorities/national plans   Tailored approach, national consultation, in line with Dev Ag. (programs administered via regional offices)   Building capacity re:  IP infrastructure  Human resources – enhancing professional capabilities  Institutions  Awareness building  Formulation of IP legislation consistent with flexibilities under current int ’ l IP regime  Awareness raising and capacity building tools for SMEs at national and regional levels

23 Intellectual Property and Traditional Knowledge, Access to Genetic Resources, Folklore Aim: Generate practical benefits from IPS to support: socio-economic development; cultural integrity of communities; address concerns of indigenous peoples IGC: debate broad policy and legal questions; share practical experience; and develop practical tools and mechanisms Status: Maturing process - common objectives/core principles. Mandate: International dimension/no outcome yet Information available:

Development Agenda for WIPO The WIPO General Assembly in October 2004 decided to examine a proposal from Argentina and Brazil joined by the “friends of development” for the Establishment of a Development Agenda for WIPO Adopted in September agreed proposals covering 6 clusters of activities – –Technical Assistance and Capacity Building; – –Norm-setting, Flexibilities, Public Policy and Public Knowledge; – –Technology Transfer, Information and Communication Technology (ICT) and Access to Knowledge; – –Assessments, Evaluation and Impact Studies; – –Institutional Matters including Mandate and Governance New Committee on Development and Intellectual Property – –develop a work-program for implementation – –monitor, assess, discuss and report on implementation of recommendations and discuss IP and development issues Development Agenda Coordination Division – –Ensure agreed outcomes reflected in relevant programs Information available:

WIPO Arbitration & Mediation Center Alternative dispute resolution (ADR) ( I. Classical Arbitration & Mediation Services II. Tailor-made dispute resolution procedures: UDRP - criteria: e.g.: UDRP - criteria: - identical/confusingly similar - legitimate interest - bad faith - identical/confusingly similar - legitimate interest - bad faith A cost-effective and expeditious procedure

26 WIPO WORDLWIDE ACADEMY EDUCATION AND TRAINING PROGRAMS

27 WIPO Worldwide Academy Mandate WIPO Worldwide Academy Mandate To develop human resources in IPTo develop human resources in IP To demystify IP and to promote greater awareness of IPTo demystify IP and to promote greater awareness of IP To serve as a central umbrella mechanism for WIPO for human resources development activitiesTo serve as a central umbrella mechanism for WIPO for human resources development activities To serve as a Center of excellence in teaching, training and researchTo serve as a Center of excellence in teaching, training and research

28 Programs –Professional Development –Distance Learning Program –Education Degree/Diploma –WIPO Summer School

29 Objective – Training and Capacity Building to Professional Staff in: IP Offices Government Officials R&D Institutions Industry Associations IGOs Programs are: Partnership with National/Regional IP Institutions Interregional Intermediate Seminar on Industrial Property Interregional Intermediate Seminar on Copyright and Related Rights Professional Development

30 Cost effective Flexible Large audiences Courses offered in the following Languages: Arabic, Chinese, English, French, Portuguese, Russian, Spanish Distance Learning

31 DL Courses offered 2009 DL 001 – Intellectual Property PrimerDL 001 – Intellectual Property Primer 101PCT – General Primers - Introduction to the Patent Cooperation Treaty101PCT – General Primers - Introduction to the Patent Cooperation Treaty DL 101 – General Course on Intellectual PropertyDL 101 – General Course on Intellectual Property DL 201 – Copyright and Related RightsDL 201 – Copyright and Related Rights DL 202 – Electronic Commerce IPDL 202 – Electronic Commerce IP DL 204 – Biotechnology and Intellectual PropertyDL 204 – Biotechnology and Intellectual Property DL 205 – Plant Variety Protection -UPOV ConventionDL 205 – Plant Variety Protection -UPOV Convention DL 301 – PatentsDL 301 – Patents DL-302 – TrademarksDL-302 – Trademarks DL-317 – Arbitration and Mediation Procedure under the WIPO RulesDL-317 – Arbitration and Mediation Procedure under the WIPO Rules DL-318 – Patent Information SearchDL-318 – Patent Information Search DL-320 – Basics of Patent DraftingDL-320 – Basics of Patent Drafting

Education and Degree/Diploma Program Objectives: - teaching and educating young generations in the field of intellectual property; - “Training of trainers” LLM & MIP programs Provide Updated information on IP Education and Training: WIPO-WTO Colloquium for Teachers of IP Provide IP Seminars Target group: Students, Trainers / Teachers, Government Officials and General Public

Modalities of Cooperation- Main Possible WIPO Contributions: Suggestions of curricula Provision of WIPO Publications Provision of Distance Learning Modules Participation of WIPO Experts in teaching and training Involvement in the examination process Financing of participants (from developing countries) Co-organization of workshops/seminars Partnership with other institutions of excellence

Education and Degree/Diploma Program: Partnership with Universities: – –Master of Laws in Intellectual Property (LLM) University of Turin, Turin, Italy – –Masters Program on Human Rights and IP Rights with the Faculty of Law Raoul Wallenberg, Lund, Sweden – –Masters Degree in Intellectual Property (MIP) – Africa University (regional program), Mutare, Zimbabwe – –Post-Graduate Program in Industrial Property Management of the Technical Univ. of Lisbon (for Lusophone countries), Portugal – –MIP - Haifa University – Israel – –Master of Laws in IP with the Queensland University of Technology, Brisbane, Australia (2010) – –Specialized Certificate course with UNISA, South Africa

Education and Training Materials WIPO Intellectual Property Handbook (WIPO) Teaching of IP: Principles & Methods (internationally renowned professors and practitioners share their teaching techniques in their particular fields of expertise) – (WIPO) g/pedagogy/index.html (WIPO) g/pedagogy/index.html WIPO Administered Treaties: More materials available on the WIPO e-bookshop:

Education and Training Materials Case books: – –The Enforcement of Intellectual Property Rights: A Case Book by Judge LTC Harms – –Principles of Copyright : Cases and Materials Professor David Vaver, Professor Pierre Sirinelli & Professor Hossam Loutfi - and suggested cases on the internet – –Internet blocs, wikipedia, newspapers, media articles etc Other Materials: Books shared among collaborators of the GNIP Academies

GNIP Academies Global Network of Intellectual Property (GNIP) Academies - Opportunities provided by Global Network of IP Academies: further facilitate international cooperation exchange of various and actual experience in IP education and training Strengthen cooperation and sharing resources and Promote IP education to be taught beyond law schools. Members: Australia, Brazil, Bulgaria, China, Croatia, Cuba, Japan, Mexico, Philippines, Portugal, Republic of Korea, Republic of Macedonia, Russian Federation, Switzerland, Ukraine, United States of America, EPA, ARIPO, OAPI and WIPO Worldwide Academy.

38 WIPO Academy Summer School Objective: To enhance IP skills of senior students and young professionals field of IP. “We arrived as individuals, we left as an IP network”

39 Starting them Young WIPO Programs for younger generations via DL e.g. Chinese Experiment

40 The World Intellectual Property Organization Thank you