Reform of the WIPO Constituent Treaty
On March 25, the Cabinet agreed on the acceptance of amendments to the Convention Establishing the World Intellectual Property Organization (WIPO) and other treaties administered by it.
These modifications have reformed the WIPO Treaty and other Treaties administered by it to achieve the modernization and simplification of the structure and functioning of the Organization.
Therefore, this results in the elimination of one of its entities, the WIPO Conference, whose functions were assumed by the General Assembly; it would limit the mandate of General Directors to two terms of six years; it would change the frequency of regular sessions of the WIPO General Assembly and other Assemblies of the Unions administered by the WIPO in order to be held once a year instead of every two, and a unitary contribution system would be adopted as well as changes in contribution types.
The Treaties regarding modified Industrial Property are the following:
- The Paris Convention for the Protection of Industrial Property.
- The Madrid Agreement Concerning the International Registration of Marks.
- The Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Marks.
- The Locarno Agreement Establishing an International Classification for Industrial Designs.
- The Patent Cooperation Treaty (PCT).
- The Strasbourg Agreement Concerning the International Classification of Patents.
- The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
In each of the treaties administered by the WIPO the following would be modified:
- The article on “Assembly of the Special Union,” becoming regular annual sessions.
- The article on “Finance”: the unitary contribution system which is already being implemented would be formalized.
The Council of Ministers also agreed on recognizing incompatibility within the national legislation of PCT Rules relating to applicants' right not to present documents in international applications if reference is made to a previous application.
Based on the Plan for Reducing Administrative Fees in the SPTO, agreement was reached on withdrawing the declaration of incompatibility with national law, so that when the SPTO acts as Receiving Office under PCT procedures, it shall assume that a missing element has been filed in an international application, as long as the applicant confirms that it’s incorporated by reference in the international application, by being included in a previous application whose priority is claimed. If the SPTO acts as designated Office it will accept the international filing date granted by the receiving Office.
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