WIPO GA 2012 calls upon the SCT to expedite work on a Design Law Treaty

After lengthy informal negotiations on 7 October 2012, the plenary of the WIPO General Assembly (GA) 2012 resumed after 18:00 to present the consensus language on the decision point concerning agenda item 28 (ii) on the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT). In particular, the GA agreed to expedite the work of the basic proposals for a Design Law Treaty. In 2013, the GA would “take stock of and consider the text, progress made, and decide on convening a diplomatic conference”. It should be noted that in the context of finding a solution to the blind, visually impaired and other persons with reading disabilities accessing protected works, there seems a reluctance for WIPO to employ the word “Treaty”, it apparently has no qualms with “Treaty” when it comes to protecting designs.

Draft Proposal for Item 28 (ii)

The WIPO General Assembly notes the summary the Chair of the 27th session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT), and the progress made by the SCT on industrial law and practice – draft articles and regulations.

Recognizing the importance for all member states of a Design Law Treaty, the GA urges the SCT to expedite in a committed manner work with a view to advance substantially the basic proposals for a Design Law Treaty (draft Articles and Regulations contained in revised Annexes of documents SCT/27/2 and SCT/27/3).

In its work, consideration will be given to include appropriate provisions regarding technical assistance and capacity building for developing countries and LDCs in the implementation of the future Design Law Treaty.

The GA in 2013 will take stock of and consider the text, progress made, and decide on convening a diplomatic conference.

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