Group B opening statement at 2009 WIPO GA

September 21, 2009

47th Series of Meetings of WIPO
Geneva, September 22 to October 1, 2009

Group B: opening statement

Mr. Chairman

• In taking the floor on behalf of Group B I am pleased to extend to you our heartfelt congratulations on your election and that of the two vice chairpersons. Group B is looking forward to constructive, efficient and fruitful meetings. Rest assured that we are prepared to engage in a frank discussion of the many items on the agenda and remain committed to making progress on them with a view to serving the common cause of the entire Membership. We also would like to thank the outgoing Chair, Ambassador Martin Uhomoibhi, for his efforts during the past two years and his dedication to the work of WIPO.
• WIPO faces many challenges and is in a phase of reform. But WIPO can meet these challenges. This year’s Assemblies are the first comprehensive series prepared under the leadership of the new Director General Dr. Gurry. We would like to thank him for having taken on stewardship, also by enriching our debate through a dedicated high level segment. We support his vision for the Organization and we support in particular his initiative for a strategic realignment of WIPO and his efforts to put it into practice. We see this strategic realignment as a vital component in strengthening the Organization and further improving the functioning of the International Bureau. We also wish to thank the staff of the International Bureau for its proficiency, dedication and hard work in preparing for the present series of Assemblies and we commend the International Bureau for its productive work since the last General Assembly.
• WIPO should continue to encourage creative activity and promote throughout all regions of the world a balanced and effective international intellectual property system that fosters economic, social and cultural development in all sectors of society. The collective work of Member States in the Organization as well as effective communication with the International Bureau shall give greater depth to discussions on using intellectual property as an instrument for innovation and development.
• An area which deserves closer attention in this respect is the assistance to Member States to promote and use intellectual property as a tool for increased development and prosperity. Development cooperation in this area has become an increasingly important component of WIPO’s mandate. We note with satisfaction the progress that has been achieved in three sessions of the Committee on Development and Intellectual Property (CDIP). In this regard Group B sees much value in the initiative of the International Bureau to enhance the coherence and efficiency of the implementation of the Development Agenda by applying a thematic projects approach. Group B trusts that this approach will facilitate, improve and accelerate the process in practical terms while respecting the substance of the 45 recommendations that were adopted two years ago. The proper implementation of the agreed recommendations will strengthen the capacity of developing countries and least developed countries to take full advantage of intellectual property.
• It goes without saying that a balanced and effective IP system conducive to social and economic welfare can only be achieved if such a system is globally respected. The creation, through international cooperation, of an environment that promotes this respect in a sustainable manner, including but not limited to the enforcement of IP rights, is instrumental. Group B therefore welcomes the inclusion of Strategic Goal VI (“Building Respect for IP”) in the Strategic Framework and Program Structure of WIPO. We hope that this commitment will lead to a more active engagement of WIPO in the international discussions on this important subject.
• Concerning the work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), Group B is concerned that the Committee failed to agree on a proposal for the extension of its mandate. Group B would like to reaffirm its strong commitment to the work of the IGC. We need the continued expertise and efforts of this body in order to address the possible gaps in the protection of Traditional Knowledge (TK), of traditional cultural expressions (TCEs)/expressions of folklore (EoF) and Genetic Resources on the national and on the international level. A renewal of the mandate is indispensable to maintain IGC’s leading role in addressing the IP aspects of protecting, promoting and preserving TK, TCEs, and Genetic Resources.

  Despite our deep disappointment at the failure to find the most suitable way to proceed at the last session of the IGC, Group B notes the broad consensus amongst Member States to continue the deliberations in this body. Mr. Chairman, I can assure you that Group B stands ready to constructively engage with all interested parties, in a spirit of open-mindedness and cooperation, on the important issue of the renewal of the mandate of the IGC at this year’s Assemblies. In particular, Group B believes that the terms of a new mandate should establish a balanced work program; should accelerate the work of the Committee; and should place a high priority on achieving consensus on concrete, achievable international outcomes, with no outcome excluded.

• Many stake holders, including IP Offices, would benefit from a simpler and more harmonized international legal framework, including substantive provisions of, inter alia, trademark law, patent law and copyright law.
• There are already quite a few areas of convergence in national IP legislation of Member States. For example, the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) has identified areas of convergence with respect to a variety of non-traditional marks as well as in respect of trademark opposition procedures. We note with satisfaction the two reports summarizing the results of this useful work and look forward to more areas being analyzed in the future.
• As regards the work of the Standing Committee on Patents (SCP), Group B welcomes that the Committee has continued its valuable work and has reached an agreement on a balanced work program for the future. The substantive discussions in this forum certainly enhance our understanding of the international patent system. The study on the dissemination of patent information, for example, has shown the far-reaching effects of patent information for public welfare and economic advancement in all Member States which go well beyond the realm of the mere patent system. We would also like to highlight the success of the Conference on Intellectual Property and Public Policy Issues, which took place in July this year under the aegis of the SCP. The Conference very clearly underpinned WIPO’s leading role in the discussions of the IPR-aspects of today’s global challenges, notably health, the environment, climate change and food security.
• Group B welcomes the fact that the protection of audiovisual performances and the protection of broadcasting organizations are kept on the agenda of the Standing Committee on Copyright and Related Rights (SCCR). Group B thanks the International Bureau for the work that has been carried out in seminars and informative sessions. This will help to build awareness and consensus. We look forward to continuing the constructive work on these important issues.

  Group B would like to particularly thank the Secretariat for the efforts to facilitate progress in the protection of audiovisual performances.

  Group B also recognizes the special needs of the blind and visually impaired persons. We support the efforts to find timely and practical solutions for a better access to protected works.

• The Premier Global IP Services that the International Bureau provides for Member States, in particular the patent cooperation, the international registration of marks, the international registration of industrial designs and the services of the Arbitration and Mediation Centre are of paramount importance for all stakeholders. The continuous enhancement of such services in a cost-effective manner has always been and will remain a major strategic goal.
• Concerning the report of the second session of the PCT Working Group we would like to thank the Director General once again for having taken the initiative to enhance the overall performance of the PCT system. We welcome and support the principles of the roadmap as a way of organizing work and addressing the critical needs of the PCT system quickly within the existing legal framework. The principles of the roadmap provide a sound basis to avoid unnecessary duplication of work amongst offices and to supply the users with the high quality products they justly expect from the PCT system. Group B would like to encourage all Member States to help maintain the momentum of this initiative.
• The registration of trademarks according to the Madrid System and the registration of industrial designs under the Geneva Act of the Hague Agreement have, already in a very early stage, contained expenditures through the use of information technology. As in-formation technology has advanced, it seems that the first generation of the IT platform on which the operations are run is outdated by now. Next steps of the generally approved multi-phase project to modernize the IT environment have to be taken. Group B supports the allocation of the necessary resources, because such investments will certainly pay off.
• Turning finally to resource questions in general, Group B would like to thank the Secretariat for having prepared a balanced budget that is based on a prudent estimation of WIPO’s revenue situation in 2010/2011. Out of the various scenarios available, the Secretariat has chosen the base case set-up that provides for a relatively humble 1,6 per cent decrease of WIPO’s income. A respective decrease in the overall budget envelope for the next biennium has been the logic consequence of this decision. Group B supports the approach that the Secretariat has applied, since we do think that a balanced budget is a sound and sustainable way of running this Organisation. Group B therefore endorses the respective budget decision of the PBC. The discussion in the budget committee also revealed that WIPO faces a number of challenges concerning current initiatives for improving transparency, accountability and good governance. Group B will be working in a constructive spirit in order to also advance these matters.