Opening statement by India, on behalf of the Asia & the Pacific Group in the 35th Session of the Standing Committee on the Law of Trademarks, Industrial Designs, and Geographical Indications (SCT/35)delivered by Dr. Sumit Seth, First Secretary(Economic)on 25 April 2016

Mr. Chair,

India has the honor to deliver this Opening Statement on behalf of the Asia and the Pacific Group. At the outset, Asia and the Pacific Group would like to congratulate you on your re-lection to this committee and also extend its best wishes to the two Vice Chair.

We are confident that under your able guidance this committee shall make progress and hope that various outstanding issues will be resolved during this 35th session of SCT. We would also put on record our appreciation for the WIPO Secretariat for the preparation of this meeting.

Mr. Chair,

The Asia and the Pacific Group firmly believes that Intellectual property has gained significant importance in this interconnected and interdependent world.  A contemporary Intellectual Property Regime provides a bedrock for innovation that is crucial to building the economy and aiding the development of any country. At the same time, a robust Intellectual Property Ecosystem needs to be sensitive and conscious of the diverse developmental needs of the Member States. Normative work of this committee should not lose focus on maintaining this crucial balance between the interests of the right holders and the larger public good.

Mr. Chair,

SCT is working towards bridging the position gaps among the member states on the text of a possible Design Law Treaty. Like any other treaty, the implementation of DLT must be accompanied with enhanced capacity of member countries to carry out the new obligations. To realistically achieve the desired outcome, the proposed treaty should make adequate provisions for building capacity within the IP Infrastructure of the Developing Countries and LDCs.

Our Group therefore would like to reiterate its strong support to the 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 this Treaty. We hope to see a decision on this matter through consensus and to the satisfaction of all member States in this session.

Most of the members of Asia and the Pacific Group support the principle of disclosure of source that has an impact on the appearance of an industrial design. As sovereign Member States of WIPO, countries should have the flexibility to include as part of the design eligibility criteria, components that are deemed important to complete the formalities for protection of industrial designs within their jurisdiction.

The Group welcomes the direction given by the last General Assembly on the DLT and expresses its readiness to engage with other groups towards constructive and complete resolution of the outstanding issues, which would enable the SCT to convene a diplomatic conference within the time frame prescribed.

Mr. Chair

There is a need for international action to prevent the undue registration or use of country names as trademarks. Asia and the Pacific Group in general supports the proposal by the delegation of Jamaica for the development and future adoption of a Joint Recommendation by the SCT. The Group would also like to support the proposal made by the delegation of the 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.

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

The report provided by the Secretariat relating to trademarks and the domain name system provides very useful information about various services and procedures that are available to trademark owners to prevent bad-faith registration or use of domain names by using their trademarks. However, Asia and the Pacific group would request the Secretariat to provide a more detailed report about the specific tools and mechanisms deployed, if any, to facilitate affordable access and use of such services for users from the developing and least developed countries.

Mr. Chair,

Some Members of the Asia Pacific Group might have a different national position on the issue of disclosure, for which they will make a specific short statement. I would request Mr. Chair for your indulgence to provide this opportunity to these members of our group.

Before concluding, I’d like to make an earnest appeal to all the members of this Committee through you Mr. Chair that It is essential that we resolve all issues in a consensual manner before the prep-con to ensure optimal results. Our Group looks forward to constructive discussion and a productive result in the deliberations in this 35thsession of the SCT.

With these words, I thank you once again for the opportunity.