IPEG Convenor Report to CTI

Transcription

1 2014/SOM2/CTI/032 Agenda Item: 11.1 IPEG Convenor Report to CTI Purpose: Information Submitted by: IPEG Chair Second Committee on Trade and Investment Meeting Qingdao, China May 2014

2 OAA ISSUE AREA: IPEG S SUMMARY REPORT TO CTI The IPEG Meeting took place from February 17 th to 18 th in Ningbo, China, counting with the participation of 17 of the 21 economies, with the exception of Australia, Malaysia, New Zealand and Singapore. 1.- PROPOSED WORK PLAN FOR 2014 IN RESPONSE TO 2014 APEC PRIORITIES, WITH PARTICULAR REFERENCE TO APEC LEADERS/ MINISTERS/SOM DECISIONS OF 2013: A) SUPPORT THE MULTILATERAL TRADING SYSTEM Member economies reported on their respective progress in developing IP systems consistent with the WTO and other international norms. Protection of Geographical Indications U.S. Presentation on Rural Development in the U.S. and Geographical Indications. The U.S. provided information about the protection of geographical indications in the U.S. via the system of trademarks. The discussion focused on the advantages of GIs in promoting rural development, including case studies, and emphasized the importance in the U.S. system of respecting prior trademarks and existing generic terms, as well as adequate notice and opposition provisions. This issue will be subject to further deliberations by IPEG members. B) ATTAINING THE BOGOR GOALS, TRADE AND INVESTMENT LIBERALISATION, REGIONAL ECONOMIC INTEGRATION Attaining the Bogor Goals IPEG considers the importance of IP as an economic tool for development and growth, so activities within the group continue to pursue IP protection and enforcement within IPEG through the ongoing Collective Action Plan (CAPS). Exploring an FTAAP Japan Proposal on the APEC Information and Experience sharing of IPrelated treaties During the last IPEG Meeting, Japan explained the efforts over the years to establish several IPR-related treaties to harmonize various aspects of IPR protection and enforcement, including IPR acquisition, the actions proposed to do so is an integral part of this project. Members were invited to complete the proposed questionnaire in order to follow up on specific needs of the region concerning IP-related treaties. Next Generation Trade and Investment Issues U.S. Proposal on Creation and Dissemination of Creative Content in the Digital Environment APEC has undertaken work to address related issues in the past. In 2002, APEC Leaders committed that Economies will ratify and fully implement the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty as soon as possible. In 2005, APEC Ministers endorsed the Three Model Guidelines for the APEC Anti-Counterfeiting and Piracy Initiative. Among the three were the Model Guidelines to Protect Against Unauthorized

3 Copies and the Model Guidelines to Prevent the Sale of Counterfeit and Pirated Goods Over the Internet, which addressed issues relevant to promoting an online environment conducive to effective IPR protection and enforcement and for promoting further investment in digital content. Building on that work, the U.S. proposed in 2012 that APEC develop Model IPR Guidelines to promote the Creation and Dissemination of Creative Content in the Digital Environment, focusing on adequate and effective legal mechanisms to protect against the unauthorized circumvention of TPMs and trafficking in devices, products, or services that are primarily designed, produced or performed for the purposes of enabling the circumvention of TPMs. The Committee on Trade and Investment subsequently referred the proposal to the IPEG. This issue will be subject to further deliberations by IPEG members. Services Investment Environmental Goods and Services (EGS) Making Rules of Origin More Business Friendly Ease of Doing Business (EoDB) C) CONTRIBUTION TO PROMOTING CONNECTIVITY Implementation of the Supply-Chain Connectivity Framework and Action Plan Update by Mexico on the Survey on Innovation and SMEs Management Mexico provided an update on this topic and explained that Small and Medium Business have an important role in the economic development and progress of their own economies, therefore their participation in global supply chains is very important for encouraging innovation. Members were invited to complete the survey. Implementation of APEC Travel Facilitation Initiative D) EXPANDING REGULATORY COOPERATION AND ADVANCING REGULATORY CONVERGENCE E) CONTRIBUTIONS TO APEC S LEADERS GROWTH STRATEGY GROWTH, INCLUDING INNOVATIVE GROWTH

4 Digital Economy IPR Update by Japan on the Intellectual Property Academy Collaborative Initiative (ipac Initiative). Japan gave and update of this initiative which promotes the exchange of information among IP academies and facilitates voluntary and mutual collaboration among them in IP training, education and research. Economies were invited to register their training programs on the information exchange platform ipac, and were also invited to provide feedback on this initiative. Survey by Mexico on the Relationship between counterfeiting/piracy and organized crime. Mexico drafted a survey with the support of Japan and the U.S. concerning the relation between counterfeiting/piracy and organized crime. As the danger of counterfeit products is real, and it is a direct attack on corporate innovation capacities IPEG member agreed to work together to find an efficient mechanism or platform dedicated to data collection of best practices in the enforcement of intellectual property rights, which could facilitate the dialogue, the exchange of views and the implementation of these practices that suit the economies better, taking into account the support to SMEs and the relation between companies and authorities, at the national and international level; avoiding with this the risks involved with counterfeit products and pointing towards a better framed use of intellectual property rights in the APEC region. Update by Japan on the proposal on More Coherence under the APEC Cooperation Initiative on Patent Acquisition Procedures. Japan s initiative consists of a one-stop website, on a self-funded basis, allowing patent system users to download request/petition forms to be used when they request an IP Office to conduct examination by referring to results of search/examination already carried out by another IP Office. Japan invited members to provide feedback on this initiative. Presentations on capacity building on IPR. The following topics were presented to IPEG members as an exchange of best practices: Presentation by Korea on the Introduction of the Illegal Copyright Obstruction Program (ICOP) in Korea. Presentation by Chinese Taipei on the Creation of a mechanism to facilitate the use of orphan works and accessible format copies - Chinese Taipei's experience and views. Presentation by Chinese Taipei on the Amendment to Patent Act Introducing border measures. Presentation by China on the Recent Legislative Development of Chinese Trademark Law System. Presentation by Korea on the IP e-learning of KOREA.

5 Presentation by Canada on the "CIPO/WIPO Executive Workshop on the Application of Management Techniques in the Delivery of IP Services". Presentation by Mexico on Expo Ingenio Presentation by Hong Kong China on Upcoming IP events to take place in Hong Kong during Presentation by Chile of the INAPI Proyecta Tool. Presentation by Peru of the achievements of its Intellectual Property Office in Promoting the use of the Patent System in Peru. F) OTHER AREAS, INCLUDING APEC-WIDE INITIATIVES ON HUMAN SECURITY, FOOD SECURITY, APEC REFORM AND GENDER 3.- ACTIVITIES WITH ABAC (INCLUDING RESPONSES TO ABAC S 2013 RECOMMENDATIONS) AND/OR OTHER EXTERNAL STAKEHOLDERS IPEG-ABAC Cooperation It was agreed between IPEG and ABAC on ABAC s participation in presenting a mutually-agreed topic, for IPEG s next meeting to be held in China in STREAMLINING OF CTI SUB-FORA: CTI RECOMMENDATIONS TO SENIORS OFFICIALS During de IPEG Meeting the CTI Chair brief the IPEG with the CTI priorities and expectation for APEC As a follow up to these priorities, a discussion on the draft paper Streamling of CTI subfora: CTI recommendations to Seniors Officials was held. Resulting on a commitment of the IPEG to: Recognize the importance to continue having this type of review on the effectiveness and efficiency of sub- fora. A rich discussion was held and it was agreed that further work on this issue should be done. IPEG will implement the recommendations, once they are endorsed by the Senior Officials. 5.- EXPECTED OUTCOMES/DELIVERABLES FOR project proposals: o 2 new project proposals which concept notes will be submitted to CTI/BMC later this year: 1. Initiative to facilitate the exploitation of IP Rights and innovation in SMEs Proposed by: Korea and Mexico Co-sponsored by: United States, Viet Nam and Indonesia. 2. IPEG work to enhance Trade secrets protection and enforcement Proposed by: United States Co-sponsored by: Mexico, Chinese Taipei, Korea and Japan. o 2 revised project proposals that will be resubmitted for CTI/BMC consideration for funding:

6 1. Promoting Effective Utilization of Intellectual Property Rights through the concept of open innovation Proposed by: Russia Co-sponsored by: Korea, Peru and Mexico. 2. Bridging IP Divide and facilitating information and communication technology by developing a mobile application for Intellectual property Awareness Proposed by: Korea Co-sponsored by: Chile, Mexico, Chinese Taipei, Hong Kong China, China, United States, Philippines, Papua New Guinea and Russia. 3 Workshops: 1. Workshop on Technological protection measures. Held on February 18 th, 2014 at Ningbo, China. 2. Workshop on Appropriate Technology, Strategic IP Utilization for sustainable development. To be held on July 2 nd to 3 rd, 2014 at Seoul, Korea. 3. Participation in APEC Workshop on IPR Border Enforcement. To be held on November 11 th to 13 th, 2014 at Hong Kong, China. This workshop is organized by the SCCP. 6. DECISION POINTS NEEDED FROM CTI To endorse the IPEG Chair s Report. IPEG encourages all CTI members to continue supporting IPEG projects, in order to continue aligning Intellectual Property issues to APEC s objectives and China priorities for 2014, especially in promoting innovative development. Intellectual property is a very important asset for the economic development of our Economies; therefore an Intellectual property culture where innovation and protection are key assets should be encouraged.