Geneva, September 27 to October 5, 2004

《Geneva, September 27 to October 5, 2004》由会员分享，可在线阅读，更多相关《Geneva, September 27 to October 5, 2004（138页珍藏版）》请在装配图网上搜索。

1、A/40/2page 130WIPOEA/40/2ORIGINAL: EnglishDATE: July 23, 2004WORLD INTELLECTUAL PROPERTY ORGANIZATIONGENEVAASSEMBLIES OF THE MEMBER STATES OF WIPOFortieth Series of MeetingsGeneva, September 27 to October 5, 2004PROGRAM PERFORMANCE REPORTFOR THE 2002-2003 BIENNIUMDocument prepared by the Secretariat

2、I. INTRODUCTIONThis document (hereinafter the “Report”), represents the program performance report, prepared in accordance with WIPOs resultsbased programming and budgeting framework, covering the 2002-2003 biennium. The Report has been prepared on the basis of the criteria established in the Progra

3、m and Budget 20022003 (document A/36/2) approved by the Assemblies of the MemberStates of WIPO (hereinafter referred to as “WIPO Assemblies”) in September2001. The Report provides an assessment of the implementation of WIPOs programs during the 20022003 biennium as compared to the biennial objective

4、s and expected results. It is structured by reporting on each of the MainPrograms02 through 18 sequentially, with evaluative assessments at the level of each of the corresponding subprograms, followed by performance tables summarizing information on Objectives, Expected Results, Results Achieved and

5、 Performance Indicators. Part II offers a summary of the contribution made in 2002-2003 towards WIPOs strategic objectives, based on achievements at the level of the MainPrograms. Annex I to this Report provides a List of Acronyms. AnnexII contains an index to this document.II. SUMMARY OF PROGRESS I

6、N THE BIENNIUM 2002-2003TOWARDS WIPO STRATEGIC GOALSWIPOs Vision and Strategic Directions (documentA/34/3) for the medium term, including the WIPO Digital Agenda were endorsed by the WIPO Assemblies in September1999. The strategic goals presented by the DirectorGeneral therein represented the main g

7、uiding principles for the implementation of the work of the Organization in the 20022003 biennium. WIPOs strategic goals should also be viewed in the larger context of the UNMillennium Development Declaration adopted by the UN General Assembly in September2000, placing the eight Millennium Developme

8、nt Goals at the heart of the global agenda. WIPO is confident that, in partnership with its MemberStates and other stakeholders, important contributions can be made towards those Goals as intellectual property(IP) is increasingly becoming a main driving force for economic and social development, a k

9、ey underlying condition for the achievement of many of the Goals. Within this context, major deliverables and outcomes by the Organization in the biennium 2002-2003 are summarized below, within the framework of the following strategicareas: - creation of an intellectual property culture;- protection

10、 of intellectual property and development of the intellectual property system, and - enhancement of the efficiency of the Secretariat. Due to budgetary constraints that became apparent during the biennium, mainly as a result of a lower than expected number of PCT filings received at WIPO and the rev

11、ised PCTfee structure, a number of activities were not carried out as planned, and some results have consequently been deferred.CREATION OF AN IP CULTURE The creation of an intellectual property culture through the means of demystification and public outreach, both with regard to the general public

12、and specific targeted audiences, continued to be one of WIPOs priorities throughout the biennium. WIPOs external relations with MemberStates, and national and international organizations, including other UN agencies, continued to grow in scope and intensity enhancing the visibility of the Organizati

13、on and increasing the awareness of the intellectual property system. A significant step in WIPOs outreach strategy was the establishment of two new coordination offices in Washington D.C. and in Brussels, in order to expand and reinforce WIPOs links with intergovernmental, governmental, business and

14、 other related circles.During the biennium, WIPO continued to organize and promote WorldIntellectual Property Day on April 26. Each year, some 70 countries as well as several international and regional organizations informed WIPO of the activities planned to commemorate the event.The work of the Sec

15、retariat under the aegis of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore(IGC) helped bring about a significant increase in the understanding of a wide range of stakeholders concerning the practical and policy options currently ava

16、ilable within the IP system to safeguard the interests of Traditional Knowledge (TK) holders, as well as laying a sound conceptual framework for future policy discussions and development. Through an extensive demystification campaign targeting small and mediumsized enterprises (SMEs), important resu

17、lts were achieved in enhancing the level of awareness and use of the IP system by SMEs worldwide. In May 2003, WIPO launched an updated version of its CD-ROM entitled “Intellectual property for Small and Medium-Sized Enterprises(SMEs),” available in six languages. In pursuing the demystification of

18、intellectual property, the most significant deliverables in 2002-2003 included a new publication entitled “Intellectual Property: A Power Tool for Economic Growth,” in which the DirectorGeneral of WIPO illustrates how countries can use the IP system to leverage their intangible assets to promote eco

19、nomic development and wealth creation. Furthermore, the WIPO website was refined and expanded, and the Chineselanguage version of the website was introduced. This made WIPO one of the few UN organizations to have websites in all six official languages of theUN. PROTECTION OF IP AND DEVELOPMENT OF TH

20、E IP SYSTEMGrowing recognition of the importance of intellectual property rights, in an era in which economic growth is increasingly driven by knowledge and information, was reflected in the number of countries that signed up to treaties administered by WIPO, the increase in applications received un

21、der the global protection systems, in particular, the Patent Cooperation Treaty (PCT), advancements in the field of international intellectual property law, and developments with regard to topical IP issues. In 2002-2003, 106 instruments of accession to, or ratification of, treaties were deposited w

22、ith the DirectorGeneral of WIPO. In 2002, Djibouti adhered to the WIPO Convention, bringing the total number of WIPO MemberStates to 179.Intellectual Property and Genetic Resources, Traditional Knowledge and FolkloreAn International Forum at the ministerial level, organized by WIPO and the Governmen

23、t of the Sultanate of Oman on the theme “Intellectual Property and Traditional Knowledge: Our Identity, Our Future” concluded with the adoption of the MuscatDeclaration in January 2002, encouraging traditional knowledge holders to fully benefit from the intellectual property system.During the bienni

24、um, the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) further enhanced its role as a significant international forum for policy dialogue and exchange of experience in different aspects of intellectual property and genetic resourc

25、es, traditional knowledge and traditional cultural expressions. The IGC concluded its initial mandate in 2003, and received a stronger, expanded mandate for the coming biennium by the WIPOGeneral Assembly in September 2003. The new mandate requires IGC to accelerate its work, and focus in particular

26、 on the international dimension of IP and genetic resources, traditional knowledge and folklore, and excludes no outcome for the IGCs work, including the possible development of an international instrument or instruments in this field.EcommerceIn December 2002, WIPO published an important survey “In

27、tellectual Property on the Internet: ASurvey of Issues,” that studied the impact that digital technologies, the Internet in particular, have had on IP and the international IP system. The study also provided a status report on the WIPO Digital Agenda. Enforcement At the WIPO Assemblies in September

28、2002, Member States decided to consolidate the Organizations work on enforcement into a single Advisory Committee on Enforcement, in charge of global enforcement issues, that will cover both industrial property and copyright and related rights. The mandate of the Committees work covers technical ass

29、istance and coordination, with a focus on broadbased cooperation with relevant organizations, as well as with the private sector. The mandate also includes public education initiatives, as well as national and regional technical assistance programs. The Advisory Committee held its first meeting in J

30、une 2003, in Geneva. Alternative Dispute Resolution In addition to processing arbitration and mediation cases, the WIPO Arbitration and Mediation Center issued a new brochure describing the relevant procedures, with particular reference to intellectual property and by comparison to enforcement of IP

31、 rights through the court system.ClassificationAlbania, Azerbaijan, Georgia, Kazakhstan, Mozambique and Uzbekistanbecame party to the NiceAgreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. The total number of Contracting States

32、on December31,2003, was72. Azerbaijan, Kazakhstan and the UnitedKingdom adhered to the Locarno Agreement Establishing an International Classification for Industrial Designs. The total number of Contracting States on December31,2003, was43. The DemocraticPeoplesRepublicofKorea, theformerYugoslav Repu

33、blic ofMacedonia, Kazakhstan, Slovenia and Uzbekistan adhered to the Strasbourg Agreement Concerning the International Patent Classification. The total number of Contracting States on December31,2003, was 53. International Patent Classification (IPC) reform continued in 20022003 and most tasks were

34、successfully completed. Several new areas reflecting emerging technologies were created in the IPC as well as an extended classification scheme for traditional medicine.(a)Global Protection Systems and Services PatentsIn 2003, the PCT marked its 25th anniversary of operations. In 2002-2003, Botswana

35、, Egypt, Namibia, Nicaragua, PapuaNewGuinea, SaintVincentandtheGrenadines, the Seychelles and the SyrianArabRepublic adhered to the Patent Cooperation Treaty(PCT). The total number of Contracting States on December31,2003, was 123, of which 69, or 56percent, are developing countries.For the third co

36、nsecutive year, the total number of international applications received by WIPO under the PCT exceeded the 100,000 mark. Some 224,113applications were filed worldwide under the PCT in 2002-2003, representing a 15percent increase compared to the previous biennium. However, the increase of PCT filings

37、 during the biennium was lower than expected (4.2 and 10.6 percent in 2002 and 2003 respectively), due to the decrease in national patent filings in several major national and regional IP offices, while the number of applications received directly by the International Bureau as Receiving Office incr

38、eased by 150percent. The number of applications received from developing countries remained constant in 2002 compared to 2001, but increased by 11 percent in 2003 compared to 2002. As part of the reform of the PCT system, the Assembly of the PCT Union, at its annual sessions, in October 2002 and Oct

39、ober 2003, adopted a number of measures designed to further streamline and simplify the filing system under the PCT. The measures included an enhanced international search and preliminary examination system, the introduction of a new system of designating countries in which patents are sought, and a

40、 fee reduction for international applications filed in electronic form. As approved by MemberStates, some of those measures entered into force on January 1, 2003, whereas most of them entered into force on January 1, 2004. An important groundwork was carried out during the biennium for the expected

41、official launch in February 2004 of a fully electronic filing system for patent applications. During the extended pilot phase of the PCT-SAFE software, the first fully electronic character encoded filed PCT application was received at the International Bureau as Receiving Office on August25, 2003. T

42、rademarksThe prospects for growth of the Madrid System for the International Registration of Marks are promising owing to developments which occurred in the biennium 2002-2003. During that period, Albania, Belarus, Croatia, Cyprus, Iran(IslamicRepublicof), theformerYugoslavRepublicofMacedonia, theRe

43、publicofKorea and the UnitedStatesofAmerica, the country with the largest international trademark activity in the world, adhered to the Madrid Protocol. The total number of Contracting Parties to the MadridProtocol on December31,2003, was 61, and the total membership of the MadridSystem 74. Also, in

44、 2003, the European Community announced its intention to accede to the Madrid Protocol within one year, following the Madrid Union Assemblys adoption of amendments to the MadridRegulations allowing for a link between the Community Trade Mark System and the International Trademark System. In 2002-200

45、3, WIPO registered 44,083 trademarks under the Madrid System. This represents a decrease of about 6.5percent compared to the previous biennium. A number of improvements were introduced in April 2002, designed to make the Madrid System more flexible and userfriendly. They included the incorporation o

46、f a new provision for the recording of trademark licenses at the international level and amendments of the rules governing the filing of requests to record changes in the International Register, in particular, to allow these requests to be filed directly with the Secretariat. In 2003, the MadridUnio

47、n Assembly adopted Spanish as a working language of the Madrid Protocol. Trademark owners will be allowed to file international applications under the Protocol in Spanish as of April, 2004.Domain NamesThe WIPO Arbitration and Mediation Center significantly contributed to the enforcement of trademark

48、 rights in its capacity as a prominent provider of services for domain name and other intellectual property disputes. In 2002, the Center received by far its highest number of domain name cases since the commencement of WIPOs domain name dispute resolution activities in December 1999, and it receive

49、d in May 2003 its 5,000th domain name case under the Uniform Domain Name Dispute Resolution Policy (UDRP). In particular, an increasing number of large and established country code top-level domains (ccTLDs) have retained the WIPO Arbitration and Mediation Center as dispute resolution provider.A dat

50、abase containing detailed information on thousands of “cybersquatting” cases handled by the WIPO Arbitration and Mediation Center became available online on July5,2002, as the first such database to be made available by a Uniform Domain Name Dispute Resolution Policy (UDRP) dispute resolution provid

51、er. The database will assist the parties in preparing their submissions, panelists in rendering their decisions, and it will provide the public with easier access to the vast data relating to the cases and the growing jurisprudence under the UDRP.Appellations of OriginA major revision of the Regulat

52、ions under the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration entered into force in 2002, which simplify and clarify procedures, making the system more userfriendly and transparent. Six new appellations of origin was registered during the period un

53、der review, bringing the overall number of internationally registered appellations of origin to 849. Industrial DesignsIn the biennium, Estonia, Georgia, Kyrgyzstan, Liechtenstein, Slovenia, Spain, Switzerland and Ukraine adhered to the 1999 Geneva Act of the HagueAgreement Concerning the Internatio

54、nal Registration of Industrial Designs. The total number of Contracting Parties on December31,2003, was11. The Act entered into force on December23,2003 and became operational on April 1, 2004. The Geneva Act of the HagueAgreement introduces a number of new features that make the system more attract

55、ive, such as the possibility of deferring publication of a design for up to 30 months, and of filing samples of the design rather than photographs or other graphic reproductions. These features are of particular interest to the textile industry. The number of industrial designs for which protection

56、was sought under the HagueSystem for the International Deposit of Industrial Designs during the 20022003 biennium reached a total of 33,857 designs, compared with 41,930 designs in the 20002001 biennium. Since January 2002, users have benefited from an average 10percent reduction in registration fee

57、s resulting from the introduction of a simplified method for calculating these fees. The membership of the HagueAgreement reached 36 countries at the end of 2003.(b)Development of International IP LawIn 2002-2003, Djibouti, Namibia, SaudiArabia and Seychelles adhered to the ParisConvention for the P

58、rotection of Industrial Property. The total number of Contracting States on December31,2003, was164.Patent Law In the biennium, Estonia, Kyrgyzstan, Nigeria, Slovakia, Slovenia and Ukraine adhered to the PatentLaw Treaty (PLT). The total number of Contracting States on December31,2003, was seven. Th

59、e Patent Law Treaty will enter into force three months after ten instruments of ratification or accession by states have been deposited with the DirectorGeneral.At its sessions in December 2002 and May 2003, the Standing Committee on the Law of Patents(SCP) made progress in reviewing provisions of t

60、he draft Substantive Patent Law Treaty (SPLT), which aims at simplifying, streamlining and achieving greater convergence among national law and practice in the examination and grant of patents. Provisional agreement was reached on a number of provisions on the understanding that any delegation could

61、 re-open discussions on these matters at any time in the future. On a number of other subjects, however, important differences in patent systems remain and require further reflection. Proposals relating to the protection of public health, genetic resources, traditional knowledge and a number of othe

62、r public policy issues, which the SCP agreed to include in the draft Treaty at its December 2002 meeting, were not discussed in May 2003. Within the context of WIPOs Patent Agenda, a report on the future development of the international patent system (documentA/37/6), was submitted to MemberStates a

63、t the WIPOGeneral Assembly, the Paris Union Assembly and the PCT Union Assembly in September2002. The report was based on a request for comments from MemberStates (documentA/36/14 Annex), issued in November 2001, and the discussions during the WIPOConference on the International Patent System, March

64、 25 to27,2002. In September2003, the WIPO Assemblies noted four studies on the effect of the patent system on developing countries. The studies were commissioned by the DirectorGeneral to help identify issues which need to be taken into account to ensure that the patent system generates the maximum benefit for states at varying levels of development. A number of developing countries emphasized that, while this was a useful step, further careful consideration was still needed, especially in a number of fields of particular policy concern.