(Brace yourself, but here goes. The WIPO Copyright Treaty
and WIPO Performances and Phonograms Treaty are toward the
bottom. . . . -- Seth)
-------- Original Message --------
Subject: [wipotreaties] Update on Treaty Actions for 2002
Date: Mon, 20 Jan 2003 10:09:51 +0100
From: "Treaties.Mail" <treaties.mail(a)wipo.int>
To: <wipotreaties(a)listbox.wipo.int>
WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO), GENEVA
Update 2003/182 (E)
Geneva, January 14, 2003
NEW CONTRACTING PARTIES TO WIPO-ADMINISTERED TREATIES IN
2002
Growing 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 the World Intellectual Property
Organization (WIPO)in 2002. Last year, 54 instruments of
accession to or ratification of treaties administered by
WIPO were deposited with the WIPO Director General, Dr.
Kamil Idris. This compares favorably with the 63 such
instruments which were deposited in 2001.
A significant development was the entry into force of the
WIPO Copyright Treaty (WCT) and the WIPO Performances and
Phonograms Treaty (WPPT), on March 6 and May 20, 2002,
respectively which marked a milestone in the history of
international intellectual property law. These
ground-breaking treaties modernize and update international
copyright law and set the stage to offer more comprehensive
protection for creators and creative enterprises in the
digital environment. They also promise to boost the future
development of the Internet, electronic commerce and the
culture and information industries by helping to ensure the
quality and authenticity of digital content and enabling
creators, performers and the surrounding industries to reap
the financial rewards of their talent, creativity and
investment.
In 2002, 54% of the accessions or ratifications came from
developing countries, 42% from countries in transition to a
market economy and 4% from developed countries. A summary of
these adherences is set out below:
WIPO Convention
The Convention Establishing the World Intellectual Property
Organization was signed at Stockholm on July 14, 1967, and
entered into force in 1970. WIPO is responsible for the
promotion of the protection of intellectual property
throughout the world through cooperation among States, and
for the administration of various multilateral treaties
dealing with the legal and administrative aspects of
intellectual property.
In 2002, Djibouti (1) adhered to the WIPO Convention.
The total number of member states of WIPO on December 31,
2002, was 179.
NEW MEMBERS OF WIPO-ADMINISTERED TREATIES IN THE FIELD OF
INDUSTRIAL PROPERTY
Paris Convention
The Paris Convention for the Protection of Industrial
Property was concluded in 1883 and is one of the pillars of
the international intellectual property system. It applies
to industrial property in the widest sense, including
inventions, marks, industrial designs, utility models (a
kind of "small patent" provided for by the laws of some
countries), trade names (designations under which an
industrial or commercial activity is carried on),
geographical indications (indications of source and
appellations of origin) and the repression of unfair
competition.
In 2002, Djibouti, the Seychelles and the Syrian Arab
Republic (3) adhered to the Paris Convention.
The total number of contracting states on December 31, 2002,
was 164.
Patent Cooperation Treaty (PCT)
The Patent Cooperation Treaty (PCT) was concluded in 1970.
The PCT makes it possible to seek patent protection for an
invention simultaneously in each of a large number of
countries by filing an "international" patent application.
Such an application may be filed by anyone who is a national
or resident of a contracting state. The Treaty regulates the
formal requirements with which any international application
must comply.
In 2002, Nicaragua, the Seychelles and Saint Vincent and the
Grenadines (3) adhered to the PCT.
The total number of contracting states on December 31, 2002,
was 118.
Madrid Agreement and Madrid Protocol
The Madrid system for the International Registration of
Marks (the Madrid system) is governed by two treaties: the
Madrid Agreement Concerning the International Registration
of Marks (Madrid Agreement) and the Protocol Relating to the
Madrid Agreement Concerning the International Registration
of Marks (Madrid Protocol).
The Madrid Agreement was concluded in 1891, and the Madrid
Protocol was concluded in 1989 in order to introduce certain
new features into the Madrid system. These features address
the difficulties that prevent certain countries from
adhering to the Madrid Agreement by rendering the system
more flexible and more compatible with the domestic
legislation of these countries.
In 2002, the former Yugoslav Republic of Macedonia (1)
adhered to the Madrid Protocol.
The total number of contracting states to the Madrid
Protocol on December 31, 2002, was 56.
Trademark Law Treaty (TLT)
The Trademark Law Treaty was concluded in 1994. The TLT aims
to make national and regional trademark registration systems
more user-friendly through the simplification and
harmonization of procedures.
In 2002, Estonia, Kazakhstan, Kyrgyzstan, the Republic of
Korea and Slovenia (5) adhered to the TLT.
The total number of contracting states on December 31, 2002,
was 31.
Nice Agreement
The Nice Agreement Concerning the International
Classification of Goods and Services for the Purposes of the
Registration of Marks was concluded in 1957. The Nice
Agreement establishes a classification of goods and services
for the purposes of registering trademarks and service
marks. The Classification consists of a list of classes
(based on types of products and services) of which there are
34 for goods and 11 for services and an alphabetical list of
the goods and services.
In 2002, Georgia and Kazakhstan (2) adhered to the Nice
Agreement.
The total number of contracting states on December 31, 2002,
was 70.
Locarno Agreement
The Locarno Agreement Establishing an International
Classification for Industrial Designs was concluded in 1968.
The Locarno Agreement establishes a classification for
industrial designs which consists of 32 classes and 223
subclasses based on different types of products. It also
comprises an alphabetical list of goods with an indication
of the classes and subclasses into which these goods fall.
The list contains some 6,600 indications of different kinds
of goods.
In 2002, Kazakhstan (1) adhered to the Locarno Agreement.
The total number of contracting states on December 31, 2002,
was 41.
Strasbourg Agreement (IPC)
The Strasbourg Agreement Concerning the International Patent
Classification was concluded in 1971. The Strasbourg
Agreement establishes the International Patent
Classification (IPC), which divides technology into 8
sections with approximately 69,000 subdivisions. Each of
these subdivisions has a symbol which is allotted by the
national or regional industrial property office that
publishes the patent document.
In 2002, the former Yugoslav Republic of Macedonia and
Kazakhstan (2) adhered to the Strasbourg Agreement.
The total number of contracting states on December 31, 2002,
was 53.
Budapest Treaty
The Budapest Treaty on the International Recognition of the
Deposit of Microorganisms for the Purposes of Patent
Procedure was concluded in 1977. The main feature of the
Budapest Treaty is that a Contracting State which allows or
requires the deposit of microorganisms for the purposes of
patent procedure must recognize, for such purposes, the
deposit of a microorganism with any "international
depositary authority," irrespective of whether such
authority is on or outside the territory of the said State.
This eliminates the need to deposit in each country in which
protection is sought.
In 2002, the former Yugoslav Republic of Macedonia and
Kazakhstan (2) adhered to the Budapest Treaty.
The total number of contracting states on December 31, 2002,
was 55.
Nairobi Treaty
The Nairobi Treaty on the Protection of the Olympic Symbol
was concluded in 1981. All contracting states are obliged to
protect the Olympic symbol (the five interlaced rings)
against use for commercial purposes (in advertisements, on
goods, as a mark, etc.) without the authorization of the
International Olympic Committee.
In 2002, Mongolia (1) adhered to the Nairobi Treaty.
The total number of contracting states on December 31, 2002,
was 41.
Geneva Act of the Hague Agreement
The Geneva Act of the Hague Agreement Concerning the
International Registration of Industrial Designs was
concluded in 1999. The Act is aimed at making the system
more responsive to the needs of users and facilitating
adherence by countries whose industrial designs systems do
not permit them to accede to the 1960 Hague Act.
In 2002, Estonia, Slovenia, Switzerland and Ukraine (4)
adhered to the Geneva Act of the Hague Agreement. The total
number of contracting states on December 31, 2002, was 7.
The Act will enter into force three months after six states
have deposited their instruments of ratification or
accession provided that, according to the most recent annual
statistics collected by WIPO, at least three of those states
fulfill at least one of the following conditions: (i) at
least 3,000 applications for the protection of industrial
designs have been filed in or for the state concerned, or
(ii) at least 1,000 applications for the protection of
industrial designs have been filed in or for the state
concerned by residents of states other than that state.
Patent Law Treaty (PLT)
The Patent Law Treaty was concluded in 2000. The purpose of
the PLT is to harmonize and streamline formal procedures in
respect of national and regional patent applications and
patents. With a significant exception for the filing date
requirements, the PLT provides maximum sets of requirements
which the office of a contracting party may apply: the
office may not lay down any other formal requirements in
respect of matters dealt with by this Treaty.
In 2002, Kyrgyzstan, Nigeria, Slovakia and Slovenia (4)
adhered to the Patent Law Treaty.
The total number of contracting states on December 31, 2002,
was 5. The Patent Law Treaty will enter into force three
months after ten instruments of ratification or accession by
states have been deposited with the Director General.
NEW MEMBERS OF WIPO-ADMINISTERED TREATIES IN THE FIELD OF
COPYRIGHT AND RELATED RIGHTS
Berne Convention The Berne Convention for the Protection
of Literary and Artistic Works was concluded in 1886. The
Convention sets out and defines minimum standards of
protection of the economic and moral rights of authors of
literary and artistic works.
In 2002, Djibouti (1) adhered to the Berne Convention.
The total number of contracting states on December 31, 2002,
was 149.
Geneva Convention (Phonograms) The Geneva Convention for
the Protection of Producers of Phonograms against
Unauthorized Duplication of their Phonograms was concluded
in 1971. The Geneva Convention obliges each contracting
state to protect a producer of phonograms who is a national
of another contracting state against the making of
duplicates without the consent of the producer, against the
importation of such duplicates, where the making or
importation is for the purposes of distribution to the
public, and against the distribution of such duplicates to
the public.
In 2002, Armenia and Kyrgyzstan (2) adhered to the Geneva
Convention.
The total number of contracting states on December 31, 2002,
was 69.
WIPO Copyright Treaty (WCT)
The WIPO Copyright Treaty was concluded in 1996. It extends
copyright protection to two additional subject matters: (i)
computer programs and (ii) compilations of data or other
material ("databases") in any form, which by reason of the
selection or arrangement of their contents constitute
intellectual creations.
In 2002, Guatemala, Guinea, Honduras, Jamaica, Mali,
Mongolia, Nicaragua, the Philippines and Senegal (9) adhered
to the WCT.
The total number of contracting states on December 31, 2002,
was 39.
WIPO Performances and Phonograms Treaty (WPPT)
The WIPO Performances and Phonograms Treaty was concluded in
1996. The Treaty deals with intellectual property rights of
two kinds of beneficiaries: (i) performers (actors,
singers, musicians, etc.), and (ii) producers of phonograms
(the persons or legal entities who or which take the
initiative and have the responsibility for the fixation of
the sounds). They are dealt with in the same instrument
because most of the rights granted by the Treaty to
performers are rights connected with their fixed, purely
aural performances (which are the subject matter of
phonograms).
In 2002, Guatemala, Guinea, Honduras, Jamaica, Japan,
Kyrgyzstan, Mongolia, Nicaragua, Peru, Philippines and
Senegal (11) adhered to the WPPT.
The total number of contracting states on December 31, 2002,
was 39.
CONTRACTING PARTIES TO THE INTERNATIONAL CONVENTION FOR THE
PROTECTION OF NEW VARIETIES OF PLANTS
UPOV Convention (plant varieties)
The International Convention for the Protection of New
Varieties of Plants (the UPOV Convention) was concluded in
1961. The objective of the Convention is the protection of
new varieties of plants by an intellectual property right.
In 2002, Belarus and Hungary (2) adhered to the 1991 Act of
the UPOV Convention.
The total number of contracting states on December 31, 2002,
was 52.
For more information about other WIPO-administered treaties,
please contact the Media Relations and Public Affairs
Section: Tel: (+41 22) 338 8161 or 338 9547 Fax: (+4122)
338 8810; E-mail: publicinf(a)wipo.int