Results tagged “WIPO” from ITTI: The International Technology Transfer Institute at Pierce Law

With increasing focus on knowledge-based enterprises, the Intellectual Property Office of Singapore (IPOS) was established in 2001 to advise on and administer IP laws, promote IP awareness and provide the infrastructure to facilitate the development of IP.[1]  Since the signing of the free-trade agreement with the United States in May 2003, Singapore's protection of IP has improved significantly.  Significant changes to local IP laws, implemented in January 2005, included extension of authors' copyright protection by 20 years[2], introduction of a mechanism to trademark scents and sounds[3], and imposition of stiffer penalties for copyright infringement and piracy[4].  Currently, patents, trademarks, registered designs, copyright are IP rights protected under the current IP laws in Singapore.

The Patents (Amendment) Act, which came into effect in January, 2002, also aims to provide a regulatory regime for patent attorneys and agents, and improve their accessibility to patent laws and system in order to improve their service to domestic and international inventors and patent owners.   

The patent application system was modified in July 2004 to create a dual-track system with two deadline alternatives for applicants relating to search, examination and requests: within 42 months ("fast track"), or within 60 months ("slow track").[5]  If no preference is specified, the "fast track" is the default.  If the applicant opts for the slow track, only one fee must be paid to extend all deadlines.  Previously, applicants were given a deadline of 54 months to request a patent.

In 2007, new amendments were made to the Patents Act.  Since 2007, overseas patent applications automatically include patent protection in Singapore.  Other amendments extended the filing period; an applicant will be provided with two more months after the 12-month period to file a Singapore patent application and claim priority over an earlier relevant application that was filed in a Paris Convention or WTO member state, provided the applicant can show that he missed the initial 12-month period unintentionally.[6]

In addition to promulgating new IP laws, Singapore has also signed numerous international treaties to strengthen its IP system.  The first important international treaty came in 1995, when Singapore approved the Patent Co-operation Treaty (PCT) system under the World Intellectual Property Organisation (WIPO), which provides a convenient and useful alternative route for patent applicants filing an international application for their respective inventions.  By filing in one PCT country, applicants can simultaneously seek patent protection for their inventions in more than 130 PCT countries including Singapore.  Besides the PCT system, Singapore is also a signatory to several other important international IP treaties, including the Bern Convention, Madrid Protocol, Budapest Treaty and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs).[7]

In the last several years, Singapore has also made several amendments and extensions to IP rights, which include a revised Trademark Law Treaty (TLT) in 2006, updates to the copyright law in 2007 and the recent 2008 proposal to amend the Copyright Tribunal to meet the needs of users and owners of copyright works in the digital age.

Although Singapore is known for its strong enforcement, protection of IP rights in Singapore does not rely solely on legal measures.  In recent years, the IPOS has also tried to educate the general public about IP rights, as well as actions that constitute infringement and consequences through the use of public talks and seminars, educational outreach advertising campaigns and IP seminars for retailers.  To enhance Singapore's IP system, IPOS regularly seek public comments and suggestions on what additional changes can be implemented to strengthen IP protection.

Singapore is an invaluable partner for WIPO and has an important role to play in ensuring that the IP system continues to be of relevance in the 21^st century, as a mechanism to support all countries.  The WIPO, as the UN agency empowered to administer and develop the international IP system, has a key role to play in facilitating discussions to ensure that IP fosters innovations that are socially and economically beneficial.  This commitment was reiterated when WIPO director-general Francis Gurry visited Singapore in July 2009.  During the visit, Guerry highlighted Singapore's growing recognition of knowledge as the basis for wealth creation and the role of IP in harnessing its value.[8]

In today's highly competitive global economic environment, a commitment to research and development, educational excellence and innovation, is essential in securing an advantage in the marketplace.  Singapore's commitment through continuous revision to its IP laws shows how the IP system can offer a means of promoting economic growth and wealth creation.

Singapore's continuous commitment to research and development, innovation and IP also means that it can withstand the current global economic downturn.  Armed with a robust IP system, Singapore will continue to attract high levels of foreign investment and foster the development of cutting- edge industries in fields as diverse as biomedicine, chemicals, electronics and green technology.

On July 28, 2009, Director General of the World Intellectual Property Organization (WIPO), Dr. Francis Gurry, signed an agreement with Singapore Minister for Law, Mr. K Shanmugam, for the establishment of the WIPO Arbitration and Mediation Center in Singapore.  Mr. Shanmugam announced that the Singapore office would officially be opened in January 2010 at Maxwell Chambers.  This is the first Arbitration and Mediation Center established in the Asia Pacific region.

The WIPO Arbitration and Mediation Center was first established in Geneva, Switzerland in 1994 to offer alternative dispute resolution options for the resolution of international commercial disputes between private parties.  The Center offers dispute resolution procedures including mediations, arbitration, expedited arbitration, and expert determination.[1]  The Geneva Center has administered over 220 mediation and arbitration cases to date.[2]

The Singapore Arbitration and Mediation Center aims to promote alternative dispute resolution services in the Asia Pacific region.  These services include advising parties and their lawyers on ways to resolve IP disputes, and providing them with access to the alternative dispute resolution procedures, particularly suited for the resolution of international IP disputes.  As Dr. Gurry said, "alternative dispute resolution is an important cost-saving alternative to traditional litigation and means of finding constructive and workable solutions to the often complex, cross-border IP related disputes that can arise in a wide range of fields."  Alternative dispute resolution can save time and money, and its consensual nature often results in a less adversarial process, allowing the parties to begin, continue, or enhance profitable business relationships with each other.[3]

Mr. Shanmugam comments that Singapore is an ideal location to serve the arbitration needs of Asia because it is within a seven-hour flight from all the major cities in Asia, such as Shanghai, Tokyo, Seoul, Jakarta, New Delhi and Sydney.  He also comments that Singapore is an ideal location because business is conducted in English in Singapore.[4]

In addition to providing alternative dispute resolution services, the Singapore Arbitration and Mediation Center administers and facilitates hearings in cases conducted under the WIPO Rules in Singapore.  It also provides training and advice on procedures such as arbitration, mediation and expert determination.  WIPO's specialized training programs include workshops led by prominent dispute-resolution and IP practitioners and other experts.  The workshops are designed for practitioners, lawyers, business executives, and others who are interested in mediation process.[5]  To facilitate the arrangement of these workshops, WIPO has set up a website (http://www.wipo.int/amc/en/events/) through which visitors can view and enroll in various workshops and conferences.

With the latest establishment of the Singapore Arbitration and Mediation Center, WIPO has officially recognized the importance of reaching out to its members in the Asia Pacific region and in better serving their needs.  This Singapore Arbitration and Mediation Center also stands as a concrete example of WIPO's commitment to its constituents in the Asia Pacific region in furthering the development of IP as a tool for economic growth.

Indeed, being situated at the center of Asia, the Singapore Arbitration and Mediation Center is well-placed to foster closer ties between WIPO and the various IP offices in the region, including facilitating constructive dialogue on issues in the international IP agenda and resolving domestic and international issues that can benefit WIPO immensely.   For the entire Asia Pacific Region, the Singapore Arbitration and Mediation Center presents further opportunities for all Asia-WIPO members to advance the global IP agenda in various ways; for example, member countries can take advantage of the Office's proximity to better leverage on WIPO's numerous programmes and its technical assistance initiatives while promoting collaboration and discouraging conflicts that can give rise to hostility and indifference among member countries.

 In January 2010, Francis Gurry, the Director General of World Intellectual Property Organization (WIPO), visited Vietnam and met with Vietnam's President Nguyen Minh Triet.  WIPO is one of 16 specialized agencies of the United Nations and was set up in 1967 to promote the protection of intellectual property (IP) throughout the world.  During his visit in Vietnam, Francis pledged WIPO's continuing support to help Vietnam develop its IP capacity to innovate and achieve sustainable economic growth.  During the meeting, President Nguyen also reiterated Vietnam's commitment to protecting IP rights and establishing sustainable IP system that would allow Vietnam to shift away from an agricultural-based economy and to become a knowledge-based economy.

Gurry's unequivocal promise to support and strengthen Vietnam's national IP system is a welcoming sign to a country that has been plagued by a lack of human resources and funding to hold education programs on IP.  Although Vietnam has become the 150^th member of the World Trade Organization (WTO) on January 11, 2007 and numerous economic legislations have since been introduced by the Vietnamese legislative body to match the WTO standard in IP protection and innovation, high-tech utilization in Vietnam remains very low at 2%, while other Asian countries such as Thailand, Malaysia and Singapore have flourished with a utilization rate of 30%, 51%, and 73%, respectively (see Tran Ngoc Hien, Social Changes in Vietnam Under Impacts of WTO Accession, Social Science Information Review, Vol. 1, No. 3, p. 4 (2007). Appendix B.).

Law universities in Vietnam also are limited in terms of providing IP education and research opportunities.  It is reported that most university researchers and administrators lack legal capacity in understanding the basic IP issues.  See Gregory D. Graff, Echoes of Bayh-Dole? A Survey of IP and Technology Transfer Policies in Emerging and Developing Economies, Intellectual Property Management in Health and Agricultural Innovation, a handbook of best practices (2007), vol. 1, p. 187.  While the general public knows that Vietnam's National Assembly has enacted IP Law No. 50/2005, which provides key provisions of Vietnam's Patent Law, most do not understand the legal implication of the new law.  Coupled with a lack of legal scholars and professionals to teach IP and the limited availability of legal education to those who possess an undergraduate law degree, there is a critical need for human resources in the field of IP, such as university scholars and professional IP lawyers, to promote the advancement and pursue the legal enforcement of IP rights in Vietnam.

Gurry's Vietnam visit will undoubtedly serve as an unwavering support and important incentive to a country that has been thirsty for international assistance in IP.  Although the idea of protecting IP is not new to Vietnam, as it enacted the Civil Code in 1995, the first legislation introduced that pertains to IP protection, technology has continued to change globally on a lightning pace and the onset of the digital age has resulted in a whole new set of IP-related issues that require a well-managed national IP system in order to ensure that these new issues do not hamper and slow the country's economic growth.