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VIET NAM JOINS THE HAGUE SYSTEM

Details: Category: News; Published Date; Written by Super User

VIET NAM JOINS THE HAGUE SYSTEM

On September 30, 2019, the Government of Viet Nam deposited its instrument of accession to the Geneva Act (1999) of the Hague Agreement with WIPO’s Director General Francis Gurry. This makes Viet Nam the 61st member of the 1999 Act and 71st member of the Hague Union. The 1999 Act will enter into force in Viet Nam on December 30, 2019.

As of December 30, 2019, companies and designers from Viet Nam can begin using the Hague System to protect their industrial designs in the Contracting Parties to the 1999 Act of the Hague Agreement. That translates to protection in the territories of up to 88 countries through a single international application and set of fees.

Foreign companies and designers can seek design protection through the Hague System in Viet Nam from December 30, 2019.

Legal details

The instrument of accession includes the following declarations under the 1999 Act and the Common Regulations:

• Rule 9(3)(a) ( specific views of the industrial design)

• Article 5(2)(b)(ii) (description of the characteristic features of the industrial design)

• Article 5(2)(b)(iii) (claim)

• Article 11(1)(b) (no deferment of publication)

• Article 13(1) (special requirements concerning unity of design)

• Rule 12(1)(b)(iii) (level three of the standard designation fee)

• Article 17(3)(c) (duration of protection)

About the Hague System

The Hague System offers a cost-effective, efficient means of registering industrial designs. A single application allows you to register up to 100 industrial designs in 71 countries and intergovernmental organizations. By using Hague, you do away with the need to file applications in each individual country/region.

One application, one set of fees, and all in one language – industrial design registration made easy!

Source: www.wipo.int

Firms ignorant of intellectual rights

Details: Category: News; Published Date; Written by Super User

Source: vietnamnews

HÀ NỘI (VNS) — Many Vietnamese firms are indifferent to intellectual property rights regulated in the Trans Pacific Strategic Partnership (TPP) agreement, despite the fact that Việt Nam is a signatory to the deal, Deputy Minister of Industry and Trade Trần Quốc Khánh said.

Khánh said during a talk show held by the Government’s Portal yesterday in Hà Nội that businesses’ awareness regarding the issue was limited and inadequate.

Without effective measures, it would be very difficult for Vietnamese firms in particular and the country in general to participate in the TPP deal, he said. Once the deals took effect, Vietnamese businesses would have to spend more time on lawsuits.

“If we do not conduct specific measures and impose stiffer penalties on the violation of intellectual property rights, we will cause severe damage and losses for individuals and organisations that have patented inventions – not to mention we are also showing our disrespect to the inventors and discouraging them to create and invent more,” Khánh said.

Another important thing to note was that Việt Nam currently only imposed administrative punishments on intellectual property rights violations, he said. But the TPP includes criminal penalties for such crimes. Violators may receive warnings and administrative fines or be imprisoned, depending on the severity of the crimes.

Lê Ngọc Lâm, Deputy Director of the Intellectual Property Rights Department under the Ministry of Science and Technology said intellectual property rights issues in the TPP deal were different from other trade agreements.

“There are things stipulated in the TPP that we’ve never thought of, such as the protection of copyrights about scents, flavours and sounds,” Lâm said. “That is obviously a real challenge for the business community.”

He said the wave of foreign investment pouring into Việt Nam was likely to trigger disputes about intellectual property rights issues. It was no coincidence that when investing in Việt Nam, most foreign firms asked the Government to commit to protect their intellectual property rights.

Intellectual property violations hurt all Vietnamese enterprises and the entire economy. They stop Việt Nam from accessing and utilising the world’s technological advancements, Lâm said.

Lâm said enforcement in Việt Nam was still limited. This was one of the weakest aspects of the country’s legal system.

There is no Vietnamese court that specialises in handling intellectual property rights cases. Many trademark and design disputes remain unsolved.

Vũ Thị Thuận, chairman of the board of directors of Traphaco Pharmaceutical JSC, said the TPP deal would also provide Việt Nam with more opportunities to make the business environment transparent and predictable.

In particular, strengthening protection for intellectual property rights will create opportunities to attract more investment in knowledge-based sectors such as pharmaceutical production like vaccines, Thuận said.

Thuận said the domestic businesses must adapt themselves to the TPP’s intellectual property right regulations, adding that the firms must also make changes in accordance with new legal regulations.

Khánh said Vietnamese firms should improve their understanding of international laws to enhance the recognition, application, development and protection of intellectual property rights; promote research and innovation; and apply science and technology for greater quality and productivity.

He added that the Government and law enforcement agencies needed to improve knowledge and experience to be able to handle cases related to intellectual property rights and build a stronger legal framework in line with the regulations of the TPP. — VNS

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WIPO Member States End Assemblies with Key Agreements on Future Work

Details: Category: News; Published Date; Written by Super User

WIPO Member States End Assemblies with Key Agreements on Future Work

Geneva, October 11, 2017

PR/2017/812

WIPO member states concluded their annual Assemblies meetings with key agreements that affirm the work of the Organization in advancing an effective and balanced intellectual property system.

In closing remarks to the October 2-11 Assemblies meetings, Director General Francis Gurrywelcomed the spirt of engagement by member states, saying: “I think that the results have been very positive. You, the member states, have given us, the Secretariat, the basis for going forward with the work of the organization. And I thank you for that confidence.”

“It’s true that the discussions are becoming more and more intense in the field of intellectual property, but there is a very positive side to that, which is the growing interest in the field of intellectual property and innovation and creativity,” he said.

The membership agreed on a program and budget for the 2018-2019 biennium that foresees a 10.9% increase in revenue from growing demand for WIPO’s global IP-filing and other services, without an increase in user fees. Spending growth will be contained at 2.7% and no new staff posts are planned.

As part of the program and budget for the 2018/19 biennium, member states approved special funding for capital investments to ensure that WIPO is able to carry out its mandate, with a particular emphasis on strengthening information and communication technology.

Member states also agreed to consider opening up to four external offices for 2018/2019, including in Colombia, expanding the organization’s network of overseas offices.

In addition, member states agreed on a renewed two-year mandate for negotiations on intellectual property and traditional knowledge, folklore and genetic resources, as well as the work plan for the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore for the biennium.

Closing the session, the Chair of the General Assembly, Ambassador Jānis Kārkliņš, who is also the Permanent Representative of Latvia to the United Nations and other International Organizations in Geneva, thanked delegates.

In opening the Assemblies on October 2, Mr. Gurry issued a written report on WIPO’s achievementsin the previous year and, in an opening address to delegates, sketched out some possible future paths for the organization.

During the Assemblies, Indonesia joined the international trademark system as its 100th member, while Nigeria joined four copyright-related treaties, among other activities.

WIPO and the research-based pharmaceutical industry, represented by the IFPMA, launched a new partnership to promote the accessibility of patent information for health agencies tasked with procurement of medicines.

Delegates enjoyed a series of symposia, exhibits and performances sponsored by member states during the WIPO Assemblies, including the members of the Association of Southeast Asian Nations (ASEAN), Australia, Colombia, Georgia, Italy, Mexico and Paraguay.

Wrap-up of main decisions

Member states, in their respective Assemblies and other bodies (following agenda order):

· Took note of reports by the Independent Advisory Oversight Committee, the External Auditor and Director of the Internal Oversight Division.

· Appointed as WIPO External Auditor Amyas Morse, the Comptroller and Auditor General of the United Kingdom, for a period of six years to begin on January 1, 2018.

· Approved the Program and Budget for 2018/19, with projected expenditure of 726 million Swiss francs, representing an increase of 2.7 per cent over the previous two-year period. Revenue for the same period is expected to increase by about 10.9 per cent, to 830 million Swiss francs, with a projected surplus of approximately 65 million Swiss francs after estimated adjustments required under International Public Sector Accounting Standards (IPSAS), to be largely used to build financial reserves to a more secure level.

· Approved the Capital Master Plan for the Organization for the period 2018 to 2027. Funding amounting to a total of 25.5 million Swiss francs was approved for the 2018/19 biennium. The approval of the projects under the Capital Master Plan will ensure the timely planning of required capital investments to ensure that WIPO remains fit for purpose and is able to carry out its mandate, ensures a reduction in the need for reactive and emergency repairs, and the elimination or mitigation of environmental, security, health and/or safety risks.

· Decided that the 2018 General Assembly will consider opening up to four External Offices for 2018/2019, including in Colombia.

· Took note of the report of the Standing Committee on Copyright and Related Rights (SCCR) and directed it to continue its work, including on broadcasting, limitations and exceptions for libraries and archives, limitations and exceptions for educational and research institutions and persons with disabilities other than visual impairment, the artist’s resale right, and analysis of copyright related to the digital environment.

· Took note of the report of the Standing Committee on the Law of Patents (SCP).

· Took note of the reporton the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) .

· Decided that the 2018 General Assembly will continue to consider the convening of a diplomatic conference for the adoption of a design law treaty to develop simplified standards for industrial design registration procedures to take place at the end of the first half of 2019;

· Took note of the report on the Committee on Development and Intellectual Property (CDIP) and review of the implementation of the Development Agenda Recommendations, while voicing appreciation of the resolution of two long standing issues - the implementation of the CDIP mandateand the implementation of the Coordination Mechanisms and Monitoring, Assessing and Reporting Modalities.

· Agreed on the renewal of the mandate of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the IGC) for the 2018-2019 biennium, as well as the work plan for the IGC for the biennium. According to the mandate agreed upon, the IGC will continue to expedite its work with the objective of reaching an agreement on an international legal instrument(s), without prejudging the nature of outcome(s), relating to intellectual property which will ensure the balanced and effective protection of genetic resources, traditional knowledge and traditional cultural expressions.

· Took note of the report of the Committee on WIPO Standards (CWS), including the adoption of two new standards: for the greater clarity in the exchange of patent legal status data in a standardized manner; and concerning the authority file of published patent documents to ensure the completeness of the patent collection of a given country.

· Took note of the report by the Advisory Committee on Enforcement (ACE), which enabled member states to exchange and build upon each other’s practices on institutional arrangements on IP enforcement policies and regimes, awareness raising, as well as the legislative assistance and capacity building provided by WIPO in the area of IP enforcement and building respect for IP.

· Appointed the Intellectual Property Office of the Philippines as an International Searching and Preliminary Examining Authority under the Patent Cooperation Treaty (PCT).

· Extended the appointment of the present International Searching and Preliminary Examining Authorities under the Patent Cooperation Treaty (PCT) until the end of 2027.

· Adopted amendments to the Schedule of Fees in the PCT Regulations to clarify that the fee reductions available to applicants from certain countries are intended to apply only in the case where the applicants indicated in the request are the sole and true owners of the application and under no obligation to assign, grant, convey or license the rights in the invention to another party which is not eligible for the fee reduction.

· Took note of the report on the Madrid System Goods and Services Database.

· Adopted the Common Regulations under the Lisbon Agreement and the Geneva Act of the Lisbon Agreement (their entry into force, including the relevant Schedule of Fees, will coincide with the entry into force of the Geneva Act), and extended the mandate of the Working Group to further discuss development of the Lisbon System, including possible solutions for its financial sustainability.

· Noted developments in the WIPO Arbitration and Mediation Center’s provision of alternative dispute resolution (ADR) services, including new partnerships with intellectual property authorities in a number of member states for the promotion of ADR options, as well as the publication of a significant update of the Center’s jurisprudential overview of WIPO domain name decisions.

· Took note of the “Cooperation under the Agreed Statements by the Diplomatic Conference Regarding the Patent Law Treaty.”

· Took note of the status of the Marrakesh Treaty over the past year and encouraged the Secretariat to continue providing substantial support for member states to join and implement the Marrakesh Treaty.

· Decided to exceptionally approve the implementation of the age limit for retirement at 65 for staff recruited before January 1, 2014, to take effect from January 1, 2020. This would maintain WIPO’s competitiveness and ensure its compliance with treaty obligations.

· Took note of the report by the Ethics Office.

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Intellectual Property index: India remains near bottom

Details: Category: News; Published Date; Written by Super User

Source: thehindu.com

Only two countries were ranked below India – Pakistan (44th) and Venezuela (45th).

India remains near the bottom in an international Intellectual Property (IP) index by being ranked 43rd out of 45 countries, according to a report by the U.S. Chamber of Commerce’s Global Intellectual Property Center (GIPC).

The report said it includes 90% of global gross domestic product, and grades countries on patents, trademarks, copyright, trade secrets, enforcement, and international treaties. Only two countries were ranked below India – Pakistan (44th) and Venezuela (45th). The U.S., the U.K., Germany, Japan, Sweden, France, Switzerland, Singapore, South Korea and Italy completed the top 10 ranks. Among the BRICS countries China was ranked 27th, South Africa (33rd), Brazil (32nd) and Russia (23rd).

The report added, “While the Indian government issued the National Intellectual Property Rights (IPR) Policy in 2016, IP-intensive industries continued to face challenges in the Indian market with regard to the scope of patentability for computer-implemented inventions, Section 3(d) of the Indian Patent Act (that prevents ever-greening of patents), and the recent High Court of Delhi decision regarding photocopying copyrighted content.”

The report said, India’s key areas of weakness includes that “overall, National IPR Policy does not address fundamental weaknesses in India’s IP framework, limited framework for protection of life sciences IP, patentability requirements being outside international standards, lengthy pre-grant opposition proceedings in place, and the 2016 High Court ruling on copyright infringement in the University of Delhi copy-shop case continuing to weaken the enforcement environment for rights holders.”

It added that another of India’s weaknesses was also that it had “previously used compulsory licensing for commercial and nonemergency situations, (as well as India’s) limited participation in international IP treaties.”

The report said its key findings included that a number of countries introduced new enforcement mechanisms and specialized IP courts to better combat counterfeiting and piracy. Besides, free trade agreements signed in 2016 helped raise the bar for protection of life sciences IP, copyrighted content online, and enforcement against IP theft, it said.

“Various governments undertook a review of their IP laws, recognizing that IP laws must keep pace with the emerging challenges IP owners face. Economies leveraged international partnerships through Patent Prosecution Highways,” it said, adding that despite these positive developments, some countries took steps to restrict IP rights in 2016. Also, countries introduced new requirements for local production, procurement, and manufacturing.

The report further said, “A number of governments attempted to limit the scope of patentability via both judicial decisions and legislation. Both individual governments and representatives of the multilateral institutions encouraged public officials to utilize compulsory licenses and expand exceptions and limitations in the name of increasing access.”

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Public Rollout of the ASEAN Online Patent Data Service

Details: Category: News; Published Date; Written by Super User

Public Rollout of the ASEAN Online Patent Data Service

August 29, 2017

For the first time, a regional patent database service tailored for ASEAN has been made available to the public.

With the increasing number of ASEAN patents, the service responds to the need for an online platform to access technological information in the region.

Supporting ASEAN innovation

The initiative builds on the ongoing ASEAN-WIPO collaboration to leverage WIPO technical assistance services to support ASEAN innovation. The platform will enable stakeholders, regardless of location, to access the technical, legal and business information contained in over 500,000 ASEAN patent documents.

The portal is directly linked to the WIPO PATENTSCOPE service, which is WIPO’s global patent database portal, hosting 65 million documents including 3.2 million published international patent applications (PCT).

Launch

The service was launched on July 17, 2017 during the ASEAN Working Group on IP Cooperation (AWGIPC) Task Force with the purpose of enhancing regional collaboration and encouraging technological development in ASEAN countries. The public launch took place on August 29, 2017, during IP Week in Singapore.

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