Opening Statement by Erry Prasetyo of the Republic of Indonesia on behalf of the Asia & the Pacific Group at the 39th session of SCT

April 23, 2018 Intellectual Property

Mr. Chair,

  1. Indonesia has the honour to deliver this Opening Statement on behalf of the Asia and the Pacific Group.
  2. The Asia and the Pacific Group would like to congratulate you on your re-election and would also like to congratulate and welcome the elected Vice Chairs. The APG is confident in your ability and skills to guide the session of the SCT to another successful conclusion.
  3. The Group would also like to express our appreciation for the WIPO Secretariat, DDG Wang, Mr. Muls, and their team, for the preparation of this meeting.

Mr. Chair,

  1. Our group appreciates and looks forward to the successful convening of the Information Session on Country Names. We believe the information sessions will further enhance common understanding. The Group hopes that discussions and exchanges on this matter would continue and would allow us to hear from a diverse array of speakers from different backgrounds and experiences.

Mr. Chair,

  1. One of the focused works of the SCT is to find a common landing zone among the member states on the text of a possible Design Law Treaty. Like any other international instrument, the implementation of DLT must be accompanied with enhanced capacity of member countries, in particular Developing Countries and LDCs, to carry out the obligations arising out of this new treaty.
  2. Most Members of the Asia-Pacific Group favour the provision of technical assistance in the proposed Design Law Treaty through an Article in the main body so that technical assistance is suitably reflected in this Treaty. Other Members are flexible on the placement of such a provision, and can accept it being part of a Treaty, or as a resolution. We hope to see a decision on this matter through consensus and to the satisfaction of all Member States.
  3. Most of the members of Asia and the Pacific Group support the principle of disclosure of source that has an impact on the appearance of an industrial design and are of the view that as sovereign Member States of WIPO, countries should have the flexibility to include as part of the design eligibility criteria, components that are deemed important to complete the formalities for protection of industrial designs within their jurisdiction. Other Members of the Asia Pacific Group have different national positions.
  4. The Group is optimistic that a mutually agreed outcome would be reached regarding this matter.
  5. Asia Pacific group is ready to engage constructively towards complete resolution of the outstanding issues, especially bridging of position gaps pertaining to Article 3(1)(a)(ix) and Article 22 of the draft treaty. Developing countries should have ample policy space to shape their industrial design protection systems in accordance with national interests as envisaged in the TRIPS Agreement.

Mr. Chair

  1. We thank the Secretariat for preparing document SCT/39/2 on the issues of New Technological Designs, the Group also appreciates Member States and accredited NGO that put forward their proposals on this subject matter, that are reflected on document SCT/39/3. We look forward to hearing the presentation by the Delegation of France of the European Union on “Graphical Representation of Designs”. Members of the APG will engage constructively on the discussion of this agenda item.
  2. With regard to the Digital Access Services, our group welcome further updates in this regard during this session of the SCT, Members of the Group will also take part in the discussion in this agenda during this session of SCT.

Mr. Chair

  1. The Asia and the Pacific Group hopes to see progress towards consensus and an acceptable work on the issue of protection of country names.
  2. There is a need for international action to prevent the undue registration or use of country names as trademarks. Asia and the Pacific Group, in general, supports the proposal by the delegation of Jamaica for the development and future adoption of a Joint Recommendation by the SCT. We have seen ample examples, on the use of country names as word marks, which demonstrates the fact that country names seem not to be offered sufficient protection in practice.
  3. The APG welcomes the proposal by the delegation of Peru concerning nations brands and the proposal by the Delegations of Georgia, Iceland, Indonesia, Italy, Jamaica, Liechtenstein, Malaysia, Monaco, Peru, Switzerland, and United Arab Emirates concerning the protection of country names and geographical names of national significance and look forward to engaging constructively in the discussion on these proposals.

Mr. Chair,

  1. The update provided by the Secretariat relating to trademark-related aspects of the domain name system provides very useful information about various services and procedures that are available to trademark owners to prevent bad-faith registration or use of domain names by using their trademarks. The Asia and the Pacific group would like to request the Secretariat to continue to provide details about the specific tools and mechanisms deployed, if any, to facilitate affordable access and use of such services for users from the developing and least developed countries.
  2. We thank the Secretariat for preparing document SCT/39/4 and believe that fruitful discussion that will arrive to a positive conclusion could be reached with regard to the INNs for pharmaceutical substances.

Mr. Chair,

  1. With regard to Geographical Indications, The Group is ready to engage constructively on the basis of document SCT/39/6 Rev and SCT/39/6 Rev. Corr with a view to be able to agree on the questionnaire, referring to the agreed SCT workplan on Geographical Indications.
  2. We thank the secretariat for the preparation of document SCT/39/7 on the survey existing state of play of geographical indications, country names, and other geographical terms in DNS.

Mr. Chair,

  1. Our Group looks forward to constructive discussion and a productive result in the deliberations in this 39th session of the SCT.
  2. With these words, I thank you once again for the opportunity.

Geneva, 23 April 2018