Opening Statement by India at the 40^th Session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) [November 12 to November 16, 2018] delivered by Sh. Animesh Choudhury, First Secretary on 12^th November 2018 in WIPO HQ, Geneva.

Thank You Mr. Chair,

At the outset, India aligns itself with the statement delivered by Indonesia on behalf of the Asia and the Pacific Group.

India is pleased to see you chairing this committee and is positive that under your able stewardship, we hope to witness some constructive headway in our discussions over this week.

We also commend the Secretariat for its efforts in preparation of the documents for this session of the SCT.

Mr. Chair,

India believes that the SCT has a primary role in finding common ground to resolve the stalemate in the draft Design Law Treaty. Both the provisions of technical assistance and mandatory disclosure requirement are essential to be incorporated in the DLT so as to enable developing countries and LDCs shape their domestic protection systems as per the flexibilities provided in the TRIPS agreement.

Mr. Chair,

India thanks the WIPO Secretariat for the document SCT/40/2 on the draft questionnaire on Graphical User Interface (GUI), Icon, Typeface /Type Font Designs. We believe that the matter of protection of Graphical User Interface (GUI), Icon and Typeface/ Type Font Designs is a policy issue of individual countries. There are many member countries having a system of substantive examination, including India. In case of multiple layer of protection under various IPRs, the interfaces between different IPR laws, for example Copyright and Industrial Design, need to be delineated. India believes that given the specific nature of Graphical User Interface (GUI), Icon and Typeface/Type Font Designs, it is still debatable whether the subject should be protected through Industrial Design regulation.

Mr. Chair,

India looks forward to the progress report on the integration of INN data into the Global Brand database as agreed at the 39th Session of this Committee. On International Non-proprietary Names (INNs), it is critical to ensure that trademarks that are similar to INNs or their common stems are not registered.

Mr. Chair,

We thank the Secretariat for the update relating to the trademark-related aspects of the Domain Name System. The Domain Name System raises a number of challenges for the protection of intellectual property. The registration of a domain name may be in conflict with trademark. As per the Indian system, the use of a domain name which is substantially similar to a registered trademark may be an infringement of the trademark.

Mr. Chair,

On the issue of the protection of country names, India believes the use of country names as trademarks not only create linkages with reference to origin of products or services but also has implications on the sovereignty of states. We hope that this Committee will have a constructive dialogue on the issue of protection of country names in this session.

On Geographical Indications, India thanks the Secretariat for the compilation of the replies to the two questionnaires on the subject.

Mr. Chair,

India looks forward to constructive and progressive discussions on the various agenda items in the 40^th Session of the SCT.

Thank You.