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CHALLENGES AND OPPORTUNITIES - Руководящие органы и организационные вопросы пункт 6: допуск наблюдателей 136 138





^ CHALLENGES AND OPPORTUNITIES


Intellectual property (IP) is covered by a complex web of national, bilateral, plurilateral, regional and multilateral agreements. In today’s digitally driven and globalized world, however, the subject matter addressed by IP – new technologies, novel designs, brands and creative works –- increasingly crosses territorial borders. WIPO, the custodian of 24 multilateral treaties and four major global service systems, has the ongoing challenge of promoting balanced multilateral solutions to ensure that the international normative architecture remains relevant, that it serves its purpose of encouraging innovation and creativity worldwide; and that it facilitates participation by all countries in the benefits of technological and cultural advances.


The approval of the Development Agenda was a normative landmark in the history of WIPO, mandating that the norm-setting work n WIPO must be conducted in a balanced manner taking due account of the needs and interests of countries in different stages of development and the full use of flexibilities within international IP agreements.. Though negotiations on various other issues have not been concluded, there has been an increasing convergence among Member States in several areas, including limitations and exceptions for the visually impaired and on the protection of Traditional Knowledge and Folklore. There is a need to achieve balanced outcomes in multilateral negotiations in WIPO, otherwise these multilateral processes risk being undermined. Failure on the part of the Organization to provide the forum for giving attention to needed adjustments and changes entails a number of risks. The role of the Organization in rule-making will wither. Multilateral approaches may be replaced by bilateral or plurilateral processes in other fora; and solutions may be developed by default by the market or by technology, rather than by public policy under the influence of governments.


Addressing this challenge requires the Secretariat to provide an impartial and professional environment – ensuring Committee agendas are comprehensively and fairly covered as far as possible – which facilitates the decision-making of Member States, in order to arrive at multilateral solutions and enable balanced rules to be set across the full spectrum of technological development, from the latest advances in digital technology to traditional knowledge systems, with adequate consideration of development and public policy implications. The opportunity now exists to build confidence among Member States by improving mutual understanding of normative questions, thus preparing the ground for future advances in normative discussions.


The dynamic global economic and social environment requires that the evolving international IP system in all areas carefully balance the interests of all stakeholders, including countries at different stages of development, rights holders, and the public.


Against this background, some of the specific challenges and opportunities facing the Organization in the medium term in the main areas of normative activity (patents, copyright, trademarks, geographical indications, industrial designs and traditional knowledge) may be summarized as follows:












A/48/3 page 14

Proposed amendments by DAG


^ Brands and designs


Strategies will include:


(vii) In the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT):















A/48/3 page 19

Proposed amendments by DAG


^ The Lisbon System (Appellations of Origin)


(xvii) The Lisbon Agreement is now over 50 years of age and enjoys a membership of less than 30 Contracting Parties. The difficulty of the task of transforming the Lisbon System into a system that enjoys wide international participation should not be under-estimated, as the negotiations in the World Trade organization (WTO) on the establishment of a multilateral notification and registration system for GIs show. Nevertheless, the mandate from the Lisbon Union Assembly to the Working Group on the Development of the Lisbon System provides an opportunity to identify ways to improve the System so as to make it more attractive for States and users.


(xviii) An IT strategy needs to be deployed in the medium term to ensure that current investments are leveraged in the creation of a electronic registration and notification procedure, to be used by interested Lisbon Member States.


A/48/3 page 21

Proposed amendments by DAG


Madrid System - Strategies


(ix) Identifying factors hindering accessions to the Madrid Protocol. Engaging more actively with non-Madrid Member States in identifying and addressing their specific concerns. Developing tailored strategies to enlarge the geographical coverage, and outreach programs to communicate more effectively the potential impact of accession to the Madrid Protocol in specific national contexts.


(x) Working with the Contracting Parties to determine if the necessary IP policies and legal provisions are in place to fully implement the System, and assisting these Parties in developing and applying the necessary measures to achieve this objective.


(xi) To enhance awareness among the Member States which are members of the Madrid Agreement, but not of the Protocol, about the possible benefits of adhesion to the latter.


(xii) Engaging in an ongoing assessment of operations to deliver a more streamlined and efficient service.


(xiii) Fostering an organizational culture oriented towards quality service delivery, and monitoring user satisfaction


(xiv) Completing the IT Modernizations Phases I, II, and III, including the establishment of an external strategic partnership for the execution of Phase III, able to assume responsibility for the ongoing support of the resultant system.


A/48/3 page 22-23

Proposed amendments by DAG


^ WIPO Arbitration and Mediation Center - Strategies


(xxi) Enhance awareness of IP Alternative Dispute Resolution options.  


(xxii) Increase market research into the needs of users of dispute resolution services and understanding of the factors that influence the decision to use ADR.


(xxiii) Increase the attractiveness of dispute resolution services offered by the WIPO Arbitration and Mediation Center by:







(xxiv) Engage with areas of IP policy where there is likely to be a high volume of international IP transactions and a need for neutral, efficient and cost-effective dispute resolution services. The availability of neutral, affordable procedures for the resolution of disputes between stakeholders could contribute to the successful functioning of mechanisms designed to promote technology transfer.


A Survey on Dispute Resolution in International Technology Transactions, conducted by the Center, will be of practical assistance in improving understanding of user needs, with a view to increasing the effectiveness of the services offered by the Center.


A/48/3 page 24

Proposed amendments by DAG


^ STRATEGIC GOAL III

Facilitating the Use of IP for Development



Strategic Outcome

^ Outcome Indicators

Greater use of IP for development

1. A strong focus on development throughout the Organization, with effective mainstreaming of the Development Agenda principles and recommendations in the work of all relevant Programs.

Development of balanced and nationally appropriate IP and Innovation Strategies and corresponding national IP legal frameworks in consonance with national development goals and priorities in developing countries, LDCs and countries in transition, as well as with international IP treaties and agreements, while making full use of available flexibilities, in order to promote domestic innovation and thereby enhance the stake of developing countries in the international IP system.

Enhanced human and technical infrastructure of IP institutions, including SME support institutions, in developing countries, LDCs and countries in transition, providing modernized, user-friendly services and with the capacity to manage and use IP effectively for development.

2.Increased number of developing countries, LDCs and transition economies with balanced policy/legislative frameworks

3. Increased number of developing countries, LDCs and transition economies with strong and responsive IP and IP-related institutions

WIPO’s technical assistance is in line with Development Agenda Recommendations and is transparent, neutral and reflective of the flexibilities in the international IP system and limitations and exceptions to IP rights.

4. A critical mass of human resources with relevant skills in an increased number of developing countries, LDCs and transition economies



A/48/3 page 26

Proposed amendments by DAG


Economies in transition. The goal of facilitating the use of IP for development applies to diverse countries with widely differing levels of development and different levels of IP infrastructure. Many countries with economies in transition, for example, have recorded significant progress in their ability to utilize IP to help accelerate their economic, social and cultural development. In respect of these countries, the challenge for WIPO is to provide more specialized assistance to meet their particular needs, as well as to promote the exchange of experiences, lessons learned and best practices between such countries.


SMEs represent over 90 percent of enterprises in most countries worldwide, and contribute significantly to economic vitality. But the majority of entrepreneurs, micro-enterprises and SMEs make little or no use of the IP system. As a result, SMEs are becoming increasingly vulnerable in today’s highly competitive, increasingly international and knowledge driven, IPintensive environment. There is a need to reach out to SMEs in order to increase understanding of the potential of IP as a tool for extracting value from their creativity and inventiveness, and of the potential contribution of active IP asset management to the success of a business.


Moved to the new section under the Development Agenda

^ Mobilizing resources. As overall demand increases for the services WIPO provides to support developing countries use the IP system, so does the need for partners and resources to help ensure those needs are met in a way which maximizes their development impact. WIPO’s external relations and partnership building activities (Strategic Goal VII) are key elements in supporting developing countries in the use of the IP system and in mobilizing and providing access to resources for IP projects in developing countries. This is not to replace the central role of WIPO’s regular budget funding for these activities, but rather to accelerate this work, to increase WIPO’s capacity to respond to Member State needs, and to improve the effectiveness of WIPO’s technical assistance and capacity building work. The key challenge in this regard is to build on the momentum achieved by the WIPO Conference on Building Partnerships for Mobilizing Resources for Development (November 2009), in particular by reaching out to the mainstream development agencies and charitable foundations to increase their awareness and readiness to support developing countries’ IP projects for development.


A/48/3 page 38

Proposed amendments by DAG


^ STRATEGIC GOAL VI


International Cooperation on Building Respect for Intellectual Property



^ Strategic Outcome

Outcome Indicators

Shared understanding and cooperation among Member States to build respect for IP, guided by Development Agenda recommendation 45


1. Increased international cooperation with Member States, NGOs, IGOs and the private sector

2. Balanced policy dialogue within the auspices of the WIPO Advisory Committee on Enforcement (ACE), taking into account development-oriented concerns

3. Enhanced capacity among Member States for addressing piracy and counterfeiting.




A/48/3 page 42

Proposed amendments by DAG


^ STRATEGIC GOAL VII


Addressing IP in Relation to Global Policy Issues



Strategic Outcome

^ Outcome Indicators

International discussions on global public policy issues are fully informed about the role of IP as a policy tool for promoting innovation and technology transfer


1. WIPO recognized as the leading UN agency on IP issues

2.

3. IP based mechanisms are addressed as part of the debate on global issues



A/48/3 page 43

Proposed amendments by DAG


STRATEGIC GOAL VII Addressing IP in Relation to Global Policy Issues




This Strategic Goal reflects WIPO’s potential to serve as an intergovernmental forum for addressing the intersection between IP, innovation and global public policy issues. It implies substantive engagement with other UN, intergovernmental, and non governmental organizations in order to contribute to the search for shared solutions to the major challenges facing humanity, including climate change, food security, public health, the protection of biodiversity and meeting the Millennium Development Goals (MDGs). The most immediate impact of many of these global problems is borne by developing and least developed countries, and the programs under this Strategic Goal will be closely involved in the realization of development objectives and Development Agenda recommendations.




^ CHALLENGES AND OPPORTUNITIES


Technology has, historically, provided the means by which humanity has addressed social and environmental challenges. In a broad sense, it has offered ways to improve our response to isolation and distance, to inadequate agricultural productivity, to threats to public health, to lack of readiness for hurricanes and typhoons, and so forth. Not surprisingly, rights that restrict use of new technologies may engender controversy. On the other hand, if there are no new technologies, there will be not only no controversies, but also no improvements to our capacity to respond to challenges. Balance between incentivizing investment in new technologies, on the one hand, and giving access to the social benefit of the new technologies, on the other hand, is a key principle.


Because of our increased reliance on technology, the discussion concerning the interface between IP and global public policy issues can be contentious and difficult. The importance of the issues at stake, and the common interest in improved information tools to support and guide policy debate and in clearer linkages between policy debate and technical analysis, provide both an opportunity and a challenge for WIPO.


The challenge is to ensure that WIPO can contribute its distinctive IP expertise to these crucial policy debates and, in doing so, work in partnership, as required and upon invitation of agencies and processes within the United Nations system and other inter-governmental fora. Successfully addressing this challenge presents an opportunity to establish WIPO as a point of reference on the interface between public policy issues and IP. To achieve this goal, WIPO needs to ensure that its contribution is of the highest quality, that it is balanced and evidence based, that it is targeted accurately, that it takes into consideration adequately the concerns of its Member States, and that it is supported through partnership building.


This also requires a clear understanding of the priorities in terms of WIPO’s partnerships and engagement according to where it can have greatest positive impact on the key public policy issues. Key partners among the UN System of organizations will include, for example, the World Health Organization (WHO) on the interface between IP and public health; the UN Framework Convention on Climate Change (UNFCCC), the UN Environment Programme (UNEP), and World Meteorological Organization (WMO) on issues relating to IP, technology and climate change; the Convention on Biological Diversity (CBD) on aspects of biodiversity which are relevant in particular for WIPO’s work in the area of traditional knowledge and genetic resources; the UN Industrial Development Organization (UNIDO), the UN Development Programme (UNDP), and the UN Conference on Trade and Development (UNCTAD) on issues relating to IP and development; the Internal Telecommunications Union (ITU) on addressing IP issues in the context of the information society; the UN Educational, Scientific and Cultural Organization (UNESCO) for the relationship between IP and culture; as well as the World Trade Organization (WTO) on a number of cross-cutting issues. WIPO must also look at leveraging these and wider networks and partnerships to support the Organization’s work through joint activities and resource mobilization (see also Strategic Goal III (Facilitating the Use of IP for Development) and VIII (A Responsive Communications Interface between WIPO, its Member States and all Stakeholders).


In recent years, major IP discussions have taken place outside WIPO and without its active participation. In order for WIPO to realize its full potential in addressing the interface between IP and global policy issues, it must ensure the trust of potential partners by providing significant contributions that not only move the debates forward in terms of better understanding of the issues, but also generate confidence as to the impartiality of its contributions.


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