Permanent Mission of India Geneva

Opening Statement by India on behalf of the Asia Pacific Group at the 34th session of Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications on 16 November 2015

Mr. Chair,

India has the honor to deliver this statement on behalf of the Asia and the Pacific Group.

At the outset, our group strongly condemns the barbaric terrorist attacks in Paris. We feel the shock, pain and outrage of the people of France. We must stand together as humanity in combating terrorism - the major global threat of our times.

Mr. Chair,

We are confident that under your able guidance this committee shall make progress in the desired direction. We also thank the WIPO secretariat for the preparation of this meeting.

Mr. Chair,

The Asia and the Pacific Group firmly believes that Intellectual property has gained significance in this interconnected and interdependent world. It is therefore important that the contemporary Intellectual Property system should be responsive to the diversity in needs and also to the development of all Member States. A fair & just Intellectual Property system should strive for equilibrium between the interests of the right holders and protection and promotion of larger public welfare. This is essential for inclusive and universal progress. A balanced outcome of this meeting is vital to ensure that all countries benefit from it, irrespective of the stage of their economic development.

Mr. Chair,

In order to practically implement a treaty, it must be accompanied with augmented capacity to carry out that obligation. Implementation of the proposed treaty would entail amendment of national laws, requirement of new infrastructure to deal with more applications, enhanced national capacity and developing requisite legal skills to manage increased number of demands. To realistically achieve the desired outcome, the proposed treaty should make adequate provisions for building capacity to meet those obligations.

The Group therefore strongly supports provision of technical assistance in the proposed Design Law Treaty through an Article in the main body so that this important issue is suitably reflected as a specific provision in the aforementioned Treaty. We hope to see a decision on this matter through consensus and to the satisfaction of all member States in this session which enables them to meet their responsibilities in a practical manner.

Mr. Chair

There is a need for international action to prevent the undue registration or use of country names as trademarks. Asia & Pacific Group supports the proposal by the delegation of Jamaica for the development and future adoption of a Joint Recommendation by the SCT. The Group also likes to support the proposal made by the delegation of United States of America to develop a survey on the existing national Geographical Indications regimes to enhance the understanding of the commonalities and differences in approaches to GI protection adopted by various member states.

The Asia and the Pacific Group hopes to see progress towards consensus and an acceptable work on the issue of protection of country names and Geographical Indications.

Mr. Chair,

Members of the Group will further contribute on specific agenda items in their national capacity. Our Group looks forward to constructive discussion and a productive result in the deliberations in this session of SCT.

With these words, I thank you for the opportunity.