A/55/13
page 139
/ / Ea/55/13
ORIGINAL: English
DATE: february 5, 2016
Assemblies of the Member States of WIPO
Fifty-Fifth Series of Meetings
Geneva, October 5 to14, 2015
general report
adopted by the Assemblies
TABLE OF CONTENTS
Paragraphs
INTRODUCTION 1 to 5
ITEMS OF THE CONSOLIDATED AGENDA
Item 1: OPENING OF THE SESSIONS 6 to 7
Item 2: ELECTION OF OFFICERS 8 to 18
Item 3: ADOPTION OF THE AGENDA 19 to 20
Item 4: DIRECTOR GENERAL’S REPORT 21 to 22
Item 5: GENERAL STATEMENTS 23 to 156
GOVERNING BODIES AND INSTITUTIONAL MATTERS
Item 6: ADMISSION OF OBSERVERS 157 to 162
Item 7: COMPOSITION OF THE PROGRAM AND BUDGET COMMITTEE 163
Item 8: COMPOSITION OF THE WIPO COORDINATION COMMITTEE,
AND OF THE EXECUTIVE COMMITEES OF THE PARIS
AND BERNE UNIONS 164 to 166
Item 9: APPROVAL OF AGREEMENTS 167
PROGRAM, BUDGET AND OVERSIGHT MATTERS
Item 10: REPORTS ON AUDIT AND OVERSIGHT 168 to 193
Item 11: REPORT ON THE PROGRAM AND BUDGET COMMITTEE 194 to 273
WIPO COMMITTEES AND INTERNATIONAL NORMATIVE FRAMEWORK
Item 12: REPORT ON THE STANDING COMMITTEE ON COPYRIGHT
AND RELATED RIGHTS(SCCR) 274
Item 13: REPORT ON THE STANDING COMMITTEE ON THE
LAW OF PATENTS(SCP) 275
Item 14: MATTERS CONCERNING THE STANDING COMMITTEE ON
THE LAW OF TRADEMARKS, INDUSTRIAL DESIGNS
AND GEOGRAPHICAL INDICATIONS (SCT) 276
Item 15: MATTERS CONCERNING THE CONVENING OF
A DIPLOMATIC CONFERENCE FOR THE ADOPTION
OF A DESIGN LAW TREATY (DLT) 277
Item 16: REPORT ON THE COMMITTEE ON DEVELOPMENT AND
INTELLECTUAL PROPERTY (CDIP) AND REVIEW OF THE
IMPLEMENTATION OF THE DEVELOPMENT AGENDA
RECOMMENDATIONS 278
Item 17: MATTERS CONCERNING THE INTERGOVERNMENTAL
COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC
RESOURCES, TRADITIONAL KNOWLEDGE
AND FOLKLORE (IGC) 279
Item 18: MATTERS CONCERNING THE COMMITTEE ON
WIPO STANDARDS(CWS) 280
GLOBAL INTELLECTUAL PROPERTY SERVICES
Item 19: PCT SYSTEM 281
Item 20: MADRID SYSTEM 282
Item 21: HAGUE SYSTEM 283
Item 22: LISBON SYSTEM 284
Item 23: ADVICE OF THE COORDINATION COMMITTEE TO THE
LISBON UNION ASSEMBLY REGARDING THE PROPOSAL
TO ESTABLISH A WORKING CAPITAL FUND FOR THE
LISBON UNION 285
Item 24: WIPO ARBITRATION AND MEDIATION CENTER,
INCLUDING DOMAIN NAMES 286
OTHER ASSEMBLIES AND TREATIES
Item 25: PATENT LAW TREATY (PLT) 287
Item 26: SINGAPORE TREATY ON THE LAW OF TRADEMARKS (STLT) 288
Item 27: MATTERS CONCERNING THE ADMINISTRATION OF
THE GENEVA ACT OF THE LISBON AGREEMENT 289
STAFF MATTERS
Item 28: REPORTS ON STAFF MATTERS 290
Item 29: AMENDMENTS TO STAFF REGULATIONS AND RULES 291
Item 30: DESIGNATION OF THE CHAIR AND DEPUTY CHAIR
OF THE WIPO APPEAL BOARD 292
CLOSING OF THE SESSIONS
Item 31: ADOPTION OF THE GENERAL REPORT AND OF THE
INDIVIDUAL REPORTS OF EACH GOVERNING BODY 293 to 294
Item 32: CLOSING OF THE SESSIONS 295 to 310
INTRODUCTION
This General Report records the deliberations and decisions of the following20Assemblies and other bodies of the Member States of WIPO:
(1) WIPO General Assembly, forty-seventh (22nd ordinary) session
(2) WIPO Conference, thirty-sixth (22nd ordinary) session
(3) WIPO Coordination Committee, seventy-first (46th ordinary) session
(4) Paris Union Assembly, fiftieth (22nd ordinary) session
(5) Paris Union Executive Committee, fifty-fifth (51st ordinary) session
(6) Berne Union Assembly, forty-fourth (22nd ordinary) session
(7) Berne Union Executive Committee, sixty-first (46th ordinary) session
(8) Madrid Union Assembly, forty-ninth (21st ordinary) session
(9) Hague Union Assembly, thirty-fifth (20th ordinary) session
(10) Nice Union Assembly, thirty-fifth (22nd ordinary) session
(11) Lisbon Union Assembly, thirty-second (21st ordinary) session
(12) Locarno Union Assembly, thirty-fifth (21st ordinary) session
(13) IPC [International Patent Classification] Union Assembly, thirty-sixth (20thordinary)session
(14) PCT [Patent Cooperation Treaty] Union Assembly, forty-seventh (20thordinary)session
(15) Budapest Union Assembly, thirty-second (18th ordinary) session
(16) Vienna Union Assembly, twenty-eighth (18th ordinary) session
(17) WCT [WIPO Copyright Treaty] Assembly, fifteenth (7th ordinary) session
(18) WPPT [WIPO Performances and Phonograms Treaty] Assembly, fifteenth(7thordinary) session
(19) PLT [Patent Law Treaty] Assembly, fourteenth (6th ordinary) session
(20) Singapore Treaty [Singapore Treaty on the Law of Trademarks] Assembly, eighth(4thordinary) session
meeting in Geneva from October 5 to 14, 2015, where the deliberations took place, and decisions were made in joint meetings of two or more of the said Assemblies and other bodies convened (hereinafter referred to as “the joint meeting(s)” and “the Assemblies of the Member States,” respectively).
In addition to this General Report, separate Reports have been drawn up on the sessions of the General Assembly (WO/GA/47/19), WIPO Conference (WO/CF/36/1), WIPO Coordination Committee (WO/CC/71/7), Paris Union Assembly (P/A/50/1), Paris Union Executive Committee (P/EC/55/1), Berne Union Assembly (B/A/44/1), Berne Union Executive Committee (B/EC/61/1), PCT Union Assembly(PCT/A/47/9), Madrid Union Assembly (MM/A/49/5), Hague Union Assembly (H/A/35/2), Lisbon Union Assembly (LI/A/32/5), Singapore Treaty Assembly (STLT/A/8/2), Nice Union Assembly(N/A/35/1), Locarno Union Assembly(LO/A/35/1), IPC Union Assembly (IPC/A/36/1), Budapest Union Assembly (BP/A/32/1), Vienna Union Assembly (VA/A/28/1), WIPO Copyright Treaty Assembly (WCT/A/15/1) and the WIPO Performances and Phonograms Treaty Assembly (WPPT/A/15/1).
The list of the States members of the Assemblies and other bodies concerned and the observers admitted to their sessions as of October 5, 2015, is set forth in documentA/55/INF/1Rev.
The meetings dealing with the following items of the Agenda (documentA/55/1) were presided over by the following Chairs:
Items 1 and 2 Ambassador Päivi Kairamo (Ms.) (Finland), outgoing Chair of the General Assembly
Items 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, Ambassador Gabriel Duque (Colombia)
14, 15, 16, 17, 18, newly-elected Chair of the General
23, 24, 25, 27, 31 and 32 Assembly
Item 8 Ambassador Gabriel Duque (Colombia) acted on an ad hoc basis as Chair of the WIPO Conference
Items 9, 23, 28, 29 and 30 Ambassador François Xavier Ngarambé (Rwanda), Chair of the Coordination Committee
Item 19 Ms.Susanne Ås Sivborg (Sweden), Chair of the PCT Union Assembly
Item 20 Mr. Miguel Ángel Margáin (Mexico), Chair of the Madrid Union Assembly
Item 21 Ms. Sarnai Ganbayar (Mongolia), Chair of the Hague Union Assembly
Item 22 Mr. Vladimir Yossifov (Bulgaria), Chair of the Lisbon Union Assembly
Item 26 Mr. Ľuboš Knoth (Slovakia), Chair of the Singapore Treaty Assembly
An index of interventions by delegations of States and representatives of intergovernmental and nongovernmental organizations mentioned in this report will be reproduced as Annex II to the final version of the present report. The Agenda, as adopted, and the list of participants appear in documents A/55/1 and A/55/INF/3, respectively.
ITEM 1 OF THE CONSOLIDATED AGENDA
OPENING OF THE SESSIONS
The fifty-fifth series of meetings of the Assemblies and other bodies of the Member States of WIPO was convened by the Director General of WIPO, Mr.Francis Gurry (hereinafter referred to as “the Director General”).
The sessions of the Assemblies and other bodies of the Member States of WIPO were opened in a joint meeting of all the 20 Assemblies and other bodies concerned by AmbassadorPäivi Kairamo (Ms.) (Finland), the outgoing Chair of the General Assembly, who made the following statement:
“Honorable Ministers, Excellencies, Director General, Heads of Delegations, Distinguished Delegates, Ladies and Gentlemen,
“It is my great honor and pleasure to warmly welcome you to Geneva, to the opening of the Fifty-Fifth Series of Meetings of the Assemblies of the Member States of the World Intellectual Property Organization.
“It has been my honor and privilege to have served as Chair of the WIPO General Assembly since September 2013. Looking back, it has been a very busy period. In that time, I have presided over four Assemblies, including two extraordinary Assemblies. In May 2014, the Assemblies elected the Director General, Francis Gurry, for a second term and I am very pleased to say that the process ran very smoothly and provided a good basis for the work of the Organization which has been carried on since that time.
“As I depart the Chair, it is apparent to me that there has been considerable progress in the Organization. Most notably, I am pleased to observe the sound financial situation of the Organization which has been achieved in a challenging global context. I believe this demonstrates the continuing strong demand for WIPO’s services and underscores the importance of our Organization, its services and activities, for the global economy, business and its Member States.
“At the same time, I would be remiss if I did not reflect on what has been the most significant concern during my tenure as Chair, and that is the bottleneck on the normative front which is so evident to us all. While it may not be a comfortable message, I believe it is important to emphasize that this is something which is the responsibility of us, the Member States. We must collectively recognize our shared interest in providing the guidance and direction to WIPO which it is our role and responsibility to provide. This is critical so that WIPO can continue to evolve and maintain its relevance in the fast-changing world, global economy and innovation landscape which characterizes our times.
“It is now my turn to thank a few colleagues. At the outset, I would like to place on record my appreciation and thanks to my two Vice-Chairs – Ambassador Khvostov of Belarus and Mr.Warida of Egypt.
“I would like to sincerely thank the Facilitators of the various processes that have been ongoing during my time as Chair: Ambassador Fook Seng of Singapore; AmbassadorFitschen of Germany; Mr. Marcelo Della Nina of Brazil; Mr. Ian Goss of Australia; Mr. Martin Moscoso of Peru; and Mr. Adil El Maliki of Morocco. They have truly strived to advance the various issues for which they had charge, some of which, as you know, have been quite challenging.
“I would also like to acknowledge the assistance which I have received from the Secretariat and, in particular, the Assemblies Affairs and Documentation Division. I have truly valued the Secretariat’s support and advice which provided me the time and space to focus on issues and substance. I could not leave without mentioning and extending my special thanks to Mr.Naresh Prasad the Chief of the Cabinet, whose assistance and presence next to me has been indispensable, I thank you very much
“Lastly, and obviously not least, I would like to once again congratulate the Director General on his re-election for his second term and to thank him, in particular, for his invaluable advice and support. I wish him every success for his continued successful stewardship of WIPO as he navigates the challenges ahead.
“In closing, I can see that Member States have a very full agenda ahead with some very important issues requiring resolution. I again implore Member States to demonstrate the required determination and flexibility necessary to arrive at the consensus that is needed. Iam confident that with this approach, we, the Member States, can provide the leadership that WIPO is looking to us to provide.
“On that note, I wish my successor every success. I thank you very much, all of you, in person and by delegation, for your support to me. And I now declare the 55thseries of the meeting of the Assemblies open.”
ITEM 2 OF THE CONSOLIDATED AGENDA
ELECTION OF OFFICERS
Discussions were based on document A/55/INF/1 Rev.
Introducing Agenda Item 2 on the election of officers, the Legal Counsel said that there had been informal consultations with the Group Coordinators, and he was pleased to announce that there was agreement on the election of the following officers: the Chairs of the General Assembly, of the Madrid, Hague and PCT Union Assemblies, as well as the ViceChair of the Lisbon Union Assembly.
The Assemblies of the Member States elected Ambassador Gabriel Duque (Colombia) as Chair of the General Assembly. They also elected Mr.MiguelÁngelMargáin (Mexico) as the Chair of the Madrid Union Assembly, Ms.Sarnai Ganbayar (Mongolia) as the Chair of the Hague Union Assembly,
Ms. Susanne Sivborg (Sweden) as the Chair of the Patent Cooperation Treaty (PCT) Union Assembly and Mr. Olivier Martin (France) as Vice Chair of the Lisbon Union Assembly, on October 5, 2015.
The newly elected Chair made the following statement:
“Honorable Ministers, Excellencies, Director General, Heads of Delegations, Distinguished Delegates, Ladies and Gentlemen.
“It is indeed a great honor and pleasure for me to chair this Fifty-Fifth Series of Meetings of the Assemblies of the Member States of the World Intellectual Property Organization.
“I would like, first of all, to wholeheartedly thank the whole Assembly for bestowing on us the trust and confidence of these offices of such high responsibility.
“We are committed to ensuring the smooth and efficient functioning of these Assemblies.
“I would also like to pay tribute to my predecessor the outgoing Chair, AmbassadorPäivi Kairamo, as well as her two distinguished Vice-Chairs, who fulfilled these responsibilities over the past two years.
“The Assemblies that open today will review WIPO’s activities. Most importantly, they will set the path for WIPO’s future work, both for Member States in the subsidiary bodies and for the Secretariat. In this wise, as is the case every two years, a new Chair has before him or her the approval of a new Program and Budget for the Organization’s activities over the coming biennium.
“We have in front of us a rather busy agenda and hard work over the coming days. Our time is limited and the issues to cover are numerous and varied.
“I am sure that I can count on each and all of you to facilitate my work as we search for consensus and agreement.
“I would like to invite and encourage all Delegations to work in a constructive and open spirit and to show flexibility when required.
“For my part, I plan to start all sessions on time, the morning session at 10 a.m. and the afternoon session at 3 p.m. I also promise to try to finish on time.
“As we saw, during the coming days many Delegations will be organizing most interesting side-events related to the world of intellectual property. I would like to encourage you to use your time wisely and benefit from these unique experiences.
“The WIPO Assemblies are also the time of the year to meet with colleagues from around the world. I hope that these Assemblies also provide you with the chance to benefit from the exchange of views with colleagues and to strengthen personal relations.
“Excellencies, Distinguished Delegates, Ladies and Gentlemen,
“You will hear a lot from me during the next days so I would now like to conclude these brief opening remarks. I thank you again for electing me to this high position and I commit myself to meeting the responsibilities of this position with energy and dedication. Thank you very much.”