Humanitarian & Emergency Response

Fifty-Ninth Series of Meetings of the Assemblies of the Member States of WIPO - Agenda Item 18: Matters Concerning the Convening of a Diplomatic Conference for the Adoption of a Design

Geneva, 08/10/2019 - 00:00, UNIQUE ID: 191016_42
Statements on behalf of the EU

Fifty-Ninth Series of Meetings of the Assemblies of the Member States of WIPO Geneva, 30 September – 9 October 2019 Agenda Item 18: Matters Concerning the Convening of a Diplomatic Conference for the Adoption of a Design

Chair,

The EU and its Member States would like to reiterate that in our opinion, the basic text of the DLT has been stable since 2014 and ripe for the convening of a diplomatic conference for the adoption of the Treaty. Considering the benefits of harmonising and simplifying design registration procedures for users and WIPO Members across the spectrum of development, the continued delay in its adoption is unfortunate.

The EU and its Member States expect this General Assembly to continue to pave the way towards solutions to the two remaining open issues – the proposal for a disclosure requirement to be included in Article 3 of the Treaty, and the specific nature of the instrument on technical assistance and capacity building in implementing the Treaty. This would facilitate progress for the convening of a Diplomatic Conference.

As regards the first outstanding issue, we remain concerned that the inclusion of a disclosure requirement in the Treaty would work against the original aim of the whole WIPO membership of simplifying and harmonising current design registration procedures. Furthermore, regardless of all the complex and extensive negotiations in the WIPO IGC on establishing, at the international level, a similar disclosure requirement for patent applications, it does not appear appropriate for the DLT to contain the requirement in question.

Instead of inserting a disclosure requirement in the DLT, the EU and its Member States consider that the WIPO IGC is the appropriate forum to explore the underlying issues. We stand ready to continue discussions on this subject in the IGC framework. In this context, we make specific reference to discussions on subject matter during IGC 36 on Genetic Resources, as also reflected in the IGC Chair’s Draft of an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources.

In the light of ongoing discussions in the IGC and the possibility of finding a more thoroughly contemplated solution in that specialised committee, we invite the proponents to reconsider their proposal for a disclosure requirement in the DLT.

The EU and its Member States regret that a decision to convene a diplomatic conference was not made at the 2018 General Assembly. We recall that despite our willingness to engage in discussions on the facilitator’s text, no positive outcome could be achieved. We trust that the Chair of the General Assembly will find the right course to handle the issue of the DLT. We would welcome and appreciate a constructive approach shared by all delegations in order to find a possible way forward. We look forward to participating in any informal discussions on this matter.

In respect of the various proposals discussed at the 2017 and 2018 General Assemblies, the EU and its Member States recall our active engagement in efforts to agree on appropriate wording in the context of Article 3, having come a long way from our initial position. We stand ready to explore possible options and work together with other delegations in order to find a solution that can be acceptable for all.

In relation to technical assistance, the EU and its Member States continue to support the effective delivery of technical assistance and capacity building in implementing the DLT. We remain flexible with regard to the options on the table. Whichever form is agreed should be geared towards the requirements of end users.

The EU and its Member States invite all parties to engage in discussions in a cooperative spirit that could facilitate a successful conclusion of the DLT. We believe that this would serve the interests of designers and WIPO Members across the globe.

Thank you.

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