4 th global congress combating counterfeiting & piracy dubai, february 3-8, 2008 challenge 7 :...

4th Global Congress

Combating Counterfeiting & PiracyDubai, February 3-8, 2008

Challenge 7:

Strengthening Cooperation and Collaboration at the Global Level

Marco Pautasso

WIPO

WIPO’s Stakeholders

184 Member States

300 Observers (IGOs & NGOs)

156 Countries(Developing and in transition)

49 LDCs

Private/public sector(Inventors, creators, users, etc.)

WIPO and the Enforcement of IP rights

Framework

• WIPO Convention: The objectives of the Organization are:

– (i) to promote the protection of intellectual property throughout the world through cooperation among States and, where appropriate, in collaboration with any other international organization;

– (ii) to ensure administrative cooperation among the Unions.

http://www.wipo.int/treaties/en/convention/

• Advisory Committee on Enforcement (ACE):

A forum for the exchange of information between countries from the

different regions in the field of IP enforcement, excluding norm setting.

http://www.wipo.int/enforcement/en/ace/

WIPO and the Enforcement of IP rights

Main activities

To assist Member States in strengthening their systems and infrastructure for the enforcement of IP rights, by:

• Supporting the implementation of efficient national, regional or sub-regional enforcements systems

• Enhancing knowledge and experience of law enforcement officials in handling enforcement matters

• Identifying issues of common global concern in the field of IP enforcement and combat of counterfeiting and piracy

• Organizing, participating and sharing technical expertise and information to make enforcement action more coherent and effective

WIPO and the Enforcement of IP rights

Collaboration and Cooperation

• Intergovernmental Institutions (IGOs)

(WCO, Interpol, WHO, WTO, EU, OECD, etc.)

• NGOs

(GACG, INTA, IACC, ICC, etc.)

• Develop and enhance sustainable capacities in all relevant areas of IP in Developing Countries, Least Developed Countries and Certain Countries in Europe and Asia

• Integrate development and public policy objectives in the formulation and implementation of IP policies and strategies

• Support countries in the use of IP as a tool for economic, social and cultural development

WIPO’s Technical Assistance and Capacity Building Program (TACB)

TACB Objectives

TACB & Enforcement

Coordination

Tech Assist. and Capacity Building on Enforcement

is carried out in full cooperation and coordination with

WIPO’s Enforcement sector, as well as, as required, with other concerned sectors;

and it is undertaken in partnership with, and for

the benefit of:

– Government institutions, including the judiciary, customs, police, etc.

- Law enforcement agencies and other interest groups

TACB & Enforcement

Activities/Programs

Legislative advice:

- Conventions / treaties administered by WIPO;

- International obligations under the Agreement on Trade-Related Aspects of IP Rights (the TRIPS Agreement);

- Legislative advice on IP enforcement-related laws and provisions including border measures and elaboration of enforcement strategies

Public education and awareness raising:

- Colloquia for Judges on enforcement-related IP issues

- Training programs for law enforcement agencies/institutions

- Briefing at WIPO headquarters for decision makers of Member States

- Expert missions, study visits, seminars, workshops, etc.

TACB & Enforcement

Collaboration and Cooperation

• Intergovernmental Institutions (IGOs)

• Regional and National Organizations & Institutions (ASEAN, OAPI, Japan - JPO, U.S.A. - USPTO, UK - UKPO, France - INPI, Italy, and other IP Offices and authorities)

• NGOs

TACB - Some Examples of Cooperation and Collaboration

- Regional Seminar for Magistrates ( OAPI – INPI – FIT/France)

- Regional Workshop for Collective Management Organizations (ARIPO)

- Arab Regional Forum on Anti-Counterfeiting, Jordan

(JIPA – Jordanian IP Association)

- Expert presentations at 4th meeting on Commercial Fraud and Counterfeiting , United Arab Emirates

- Regional Symposium on Protection and Enforcement of IP Rights in Combating

Counterfeiting and Piracy (FIT/Japan), Malaysia

- High-Level National Seminar on Enforcement of IPRs, China (FIT/Japan)

- Regional Seminars for Judges and Prosecutors (EPO/OEPM)

- Comprehensive Course for Judges – El Salvador (New Courses foreseen in Costa Rica, Ecuador and Peru)

- Regional Congress on Combating Counterfeiting and Piracy for countries

in Eastern Europe and Central Asia - Romania

WIPO Asia-Pacific Regional Symposium on the Protection and Enforcement of Intellectual Property Rights in Combating

Counterfeiting and Piracy

January 24-25, 2008

Participants acknowledged the following:

• the need for clear and strong political will to render enforcement more efficient;

• the need, where appropriate, for strengthening the legal framework;

• the continuous need for capacity building, taking into account financial constraints;

• the importance of inter-agency cooperation at the national, regional and international levels through the exchange of information and intelligence and the value of linked databases;

• the pivotal role of the right holders and other stakeholders in the enforcement process;

• the need for focused awareness programs to point to the socio-economic importance of the protection of intellectual property rights and, simultaneously, to underscore the detrimental effects of counterfeiting and piracy;

• sanctions and the effects of trade frictions imposed by some countries; and

• the need to address authentic product pricing in the context of the WIPO Development Agenda.

Thank You