E wo/pbc/23/3 original: english date: june 4, 2015 Program and Budget Committee Twenty-Third Session Geneva, July 13 to 17, 2015


PROGRAM 2 TRADEMARKS, INDUSTRIAL DESIGNS AND GEOGRAPHICAL INDICATIONS



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PROGRAM 2 TRADEMARKS, INDUSTRIAL DESIGNS AND GEOGRAPHICAL INDICATIONS


PLANNING CONTEXT




  1. Brands are one of the primary sources of competitive advantage. They are critical to the commercialization of new products (including services), and for providing information about products to customers in a fast-moving economy. A growing number of economic studies has demonstrated the role of brands for innovation and their overall economic importance. Likewise, the role of designs in the world economy is constantly gaining importance and evidence on the function of designs as a source of innovation and economic growth is emerging. Against this background, policy makers need to keep the legal framework for the protection of brands and designs under continued scrutiny with a view to fostering innovation and business performance, and to developing informed responses to newly emerging challenges. Program 2 will endeavor to produce outcomes, which will allow WIPO to advance a balanced evolution of the international framework for brands and designs and to enable the establishment of a legal environment that responds to the specific needs and requirements of Member States’ brand and design industries.

IMPLEMENTATION STRATEGIES




  1. Progress in the development of a balanced international legal framework for brands and designs that is conducive for innovation and economic growth is the Program’s main objective. With regard to an international regulatory framework for industrial design registration procedures, the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) has significantly advanced work on a draft Design Law Treaty, aiming at simplifying design registration procedures. Subject to a decision by the WIPO General Assembly, this work could result in the holding of a Diplomatic Conference for the adoption of a Design Law Treaty during the biennium. Moreover, the SCT will continue to service the work of Member States on agreed topical subjects in the area of trademarks, industrial designs and geographical indications. The SCT will continue to observe developments in the Domain Name System (DNS) (in cooperation with Program 7) and in the area of International Nonproprietary Names for Pharmaceutical Substances (INNs). Due consideration will be given to Cluster B of the DA Recommendations (Recommendations 15 to 17 and 20 to 22), ensuring that account is taken of the different levels of development of WIPO Member States; flexibilities of interest to developing countries and LDCs; the views of all Member States and other stakeholders; and development goals agreed within the UN system. WIPO will also deliver the appropriate legal and administrative support to Member States and certain international intergovernmental organizations for the protection of certain of their emblems under Article 6ter of the Paris Convention.




  1. Implementation will include organizing sessions of the SCT. In line with DA Recommendation 15, sessions of the SCT will be open to all Member States and accredited observers. Working documents will be prepared by the Secretariat and presented in all six official languages of the UN.




  1. The Secretariat will continue to ensure the efficient administration of Article 6ter Paris Convention communication procedures and produce biannual electronic publications containing all signs to be communicated under Article 6ter(3).

  2. As regards Strategic Goal III (Facilitating the Use of IP for Development), Program 2 will provide country-specific advice to Member States in response to priorities identified within their national IP strategies. The provision of legal advice will be coordinated with other Programs as illustrated below.

MAJOR RISKS AND MITIGATION STRATEGIES




Risk

Mitigation

Agreements at the multilateral level remain challenging and the successful conclusion of normative activities under Program 2 will depend to a large degree on Member States’ commitment to define mutually agreed outcomes.

This is an inherent risk of every norm developing activity which, by its nature, will have to be retained by the Program. Nevertheless, specific program activities, in particular sessions of the SCT, will allow ongoing dialogue and exchange of views with a view to identifying common areas of common understanding and potential agreed outcomes.

RESULTS FRAMEWORK




Expected Results

Performance Indicators

Baselines

Targets

I.1 Enhanced cooperation among Member States on development of balanced international normative frameworks for IP


Progress towards agreement on current issues on the SCT Agenda



State of advancement of SCT work at the end of 2015 as per relevant working documents


SCT agreed outcomes



No. of ratifications/accessions to the Singapore Treaty

Seven new Contracting Parties in 2014: Belarus, Belgium, Benelux Organization for Intellectual Property (BOIP), Iraq, Luxembourg, the Netherlands and Tajikistan, which brings the total number of Contracting Parties to 38 at the end of 2014.

Eight new ratifications/accessions

I.2 Tailored and balanced IP legislative, regulatory and policy frameworks

No. and % of Member States/regional organizations providing positive feedback on the legislative advice offered in the area of trademarks, industrial designs and geographical indications

2014: Advice was provided to 20 Member States/Regional Organizations. Feedback was received from seven respondents, all of whom (100%) reported satisfaction with the advice offered

90% of respondents satisfied with the advice offered

I.3 Increased protection of State emblems and names and emblems of International Intergovernmental Organizations

No. of signs contained in the Article 6ter database

3,103 (as at April 15, 2015)

120 new signs published during the biennium

RESOURCES FOR PROGRAM 2




  1. The overall resources for Program 2 in 2016/17 show a decrease compared to both the 2014/15 Approved Budget and the 2014/15 Budget after Transfers. This is due to: (i) a budgetary provision of up to three sessions of the SCT in 2016/17 as compared to four sessions in 2014/15 and (ii) the budgetary provision for a possible diplomatic conference in 2016/17 now reflected under “Unallocated”. This is reflected in the decrease of resources under Expected Result I.1.




  1. The resources under Expected Result III.4 in the 2014/15 Approved Budget reflect the DA project on IP and Design Creation for Business Development in Developing and Least Developed Countries is expected to be completed by the end of 2015. Hence no resources are foreseen under this Expected Result in 2016/17.



Program 2: Resources by Result

(In thousands of Swiss francs)


Program 2: Resources by Object of Expenditure

(In thousands of Swiss francs)





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