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ASSEMBLIES OF THE MEMBER STATES OF WIPO - page 35 / 69

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page 30

Program 09

Development of Industrial Property Law

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Background

Principles, rules, and procedures of the law of national and regional patent, trademark, industrial designs and geographical indications differ from country to country.  This may cause problems for owners and applications seeking protection in several countries.  In the field of patents, on-going harmonization of formalities have been complicated by demands for harmonization of norms and procedures in the recordal of DNA sequence listings in applications and study of the implications for patentability of information disclosed on the Internet.  Further, immediate study of the appropriate legal infrastructure with which industrial property rights can be effectively protected in the emerging electronic commerce system is required.  This study will be coordinated with Programs 10 and 11.

Objectives

Harmonize and simplify formalities in national and regional patent procedures.

Establish a system for central recording of changes in patents and patent applications.

Harmonize rules concerning patent law implications of disclosure of information on the Internet.

Establish a system for deposit of DNA sequence listings referred to in patent applications.

Harmonize principles and rules of the law of trademarks, industrial designs, and geographical indications.

Develop common international principles and rules for the effective protection of industrial property rights in global electronic commerce.

Sub-program 09.1

Law of Patents

Main Activities

Prepared and distributed five working documents for the first session of the Standing Committee on the Law of Patents (June 1998).  The documents dealt with, inter alia, organizational matters, an overview of the issues to be considered, the draft Patent Law Treaty and Draft Regulations and model forms.

Continued current administration of the Budapest Treaty for the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (43 Contracting States, 30 International Depositary Authorities), including, inter alia, drafting notifications on changes which had taken place at certain authorities; advising States on accession and intergovenmental organizations on possible declarations of acceptance;  and publishing an updated version of the Budapest Guide in English and French.

Provided legislative and legal advice to four Member States, including undertaking one mission, with periodic updates of changes in industrial property legislation and addresses.

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