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Challenge 7 : Strengthening Cooperation and Collaboration at the Global Level. 4 th Global Congress Combating Counterfeiting & Piracy Dubai, February 3-8, 2008. Marco Pautasso WIPO. WIPO’s Stakeholders. 156 Countries (Developing and in transition) 49 LDCs. 184 Member States.
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Challenge 7: Strengthening Cooperation and Collaboration at the Global Level 4th Global CongressCombating Counterfeiting & PiracyDubai, February 3-8, 2008 Marco Pautasso WIPO
WIPO’s Stakeholders 156 Countries (Developing and in transition) 49 LDCs 184 Member States 300 Observers (IGOs & NGOs) Private/public sector (Inventors, creators, users, etc.)
WIPO and the Enforcement of IP rightsFramework • 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 rightsMain 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 rightsCollaboration 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 & EnforcementCoordination 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
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 & EnforcementActivities/Programs
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
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. WIPO Asia-Pacific Regional Symposium on the Protection and Enforcement of Intellectual Property Rights in Combating Counterfeiting and PiracyJanuary 24-25, 2008