Statement by India at 29th Session of WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) delivered by Smt. alpana Dubey, First Secretary (Economic) on 27 May 2013

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 Mr. Chairman

    At the outset I would like to congratulate you on your election as the Chair of Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications. We trust that under your guidance we will be able to have a fruitful discussion on all topics of the agenda. I would also thank the Secretariat for preparing the documentation for this session.

    We thank the Secretariat for their efforts for preparation of the revised study as Addendum to the study on the Potential Impact of the work of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) on Industrial Design Law and Practice SCT/ 27/4 Add, and hope that the contents of the study meet the concerns of the members which expressed during the past sessions. The improved study could be a basis for further discussion at this session to decide on the way forward for the SCT.

    We also thank the Secretariat for preparing the revision of document SCT/28/4 Rev., as requested by member states at twenty-eighth session, to include the text of the provisions on financial assistance in the treaties referred to in Section I of the document and to complement the document with detailed information concerning the current practice, in WIPO, of financing the participation of delegations in meetings of the Assemblies of treaties administered by WIPO. The examples of technical and financial assistance reflected in this document would be important to guide the implementation of  appropriate provisions of technical assistance and capacity building for developing countries and LDCs in the implementation of the future Design Law Treaty.

    We also take note of the document prepared by Secretariat describing the relationship between the Hague System for the International Registration of Industrial Designs (hereinafter “the Hague system”) and the draft Design Law Treaty SCT/29/4.

Industrial Design Law and Practice – Draft Articles and Draft Regulations

    As mandated by the GA in 2012, we would participate constructively in the negotiations on the Draft Articles and the Regulations with a view to make progress in the texts, as contained in
the documents SCT/29/2   and SCT/29/3  .

    The draft DLT aims at simplifying and harmonizing industrial design formalities and procedures set by national/regional offices.

    We support the view that any norm-setting process should be inclusive and member-driven and in accordance with the Development Agenda recommendations on norm-setting.

    We are also of the view that, the aim should be to ensure that the Treaty lays down minimal and not maximalist standards and ensure national level flexibilities in the implementation, wherever applicable as per the national law.

    Technical assistance and capacity building would be crucial for many developing and the Least Developed Countries for adoption and the implementation of the DLT. We also supports that the draft Articles on technical assistance provision be added in the main text of the Treaty.

    We would participate actively in discussions on all the proposals on technical assistance, including from African Group and EU and also new proposal from South Korea in order to ensure inclusion of desired elements in the technical assistance clause under this treaty.

    We would like to request that all the textual proposals made by India during the 28th session of SCT, which are reflected in the footnote in the current document, be suitably included in the main body of the text of the draft Treaty.  

Thank you Mr. Chairman.

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