
- •Intellectual property on the internet: a survey of issues
- •Introduction
- •I. The internet and the development of the digital society
- •World Online Population
- •Cost of Internet Access
- •Developments in Means of Internet Access
- •Online Activities
- •Value of Commercial Transactions on the Internet
- •Percentage of Online Commercial Transactions Compared to Overall Commerce
- •Percentage of Individuals Purchasing Goods and Services over the Internet
- •Categories of Goods Purchased on the Internet
- •Distribution of Internet Sales between National and International Markets
- •II. The migration of intellectual property to the internet
- •III. (a) copyright and related rights
- •(I) introduction to digital copyright
- •(II) the wipo internet treaties
- •(A) Scope of Rights
- •(B) Enforcement and Management of Rights
- •(C) Status of the wipo Internet Treaties
- •(III) emerging copyright issues
- •(A) Scope of Copyright Protection in the Digital Environment
- •(B) Liability of Internet Service Providers
- •(C) Rights of Performers in a Digital Environment
- •(D) Rights of Digital Broadcasters
- •(E) Linking of Copyright Information Online
- •(F) Protection of Databases
- •(G) Peer-to-Peer File Sharing – Napster
- •(IV) licensing and rights management in the digital arena (a) Licensing and Collective Management of Rights
- •(B) Digital Rights Management
- •(C) Trends in Licensing and Rights Management
- •III. (b) trademarks and other rights in distinctive signs
- •(I) importance of trademarks online
- •(II) developments in use of trademarks online
- •(A) Use of Trademarks as Meta Tags
- •(B) Sale of Trademarks as Keywords
- •(D) Mousetrapping
- •(E) Linking and framing
- •(III) principle of territoriality and use of trademarks online
- •(A) Acquisition of Trademark Rights Through Use of a Sign on the Internet
- •(B) Infringement of Trademark Rights Through Use of a Sign on the Internet
- •(C) Acceptable Unauthorized Use
- •(D) Global Effect of Injunctions
- •(E) Enabling Co-existence of Rights on the Internet
- •(IV) wipo joint recommendation on protection of marks on the internet
- •(V) wipo joint recommendation on well-known marks
- •(VI) unfair competition
- •(A) Interactive Marketing Practices
- •(B) Transparency and Privacy Concerns
- •(C) National Versus International Standards of “Unfair” Marketing Practices
- •(D) Trade Secrets
- •III. (c) domain names
- •(I) introduction to domain names
- •(II) recent developments concerning domain names and intellectual property (a) New gTlDs
- •(B) Multilingual Domain Names
- •(C) Keywords
- •(D) Multiple Roots
- •(E) Creation of the Generic Top-Level Domain .Eu
- •(F) icann Reform
- •(G) World Implementation of the Enum Protocol
- •(III) wipo programs
- •(A) wipo Arbitration and Mediation Center
- •(B) Second wipo Internet Domain Name Process
- •(C) wipo Cooperation Program for ccTlDs
- •III. (d) patents
- •(I) patents in the digital environment
- •(A) Business Method Patents
- •(B) Software Patents
- •(C) Prior Art Effect
- •(D) Enforcement of Rights
- •(II) wipo programs
- •IV. The role of private international law and alternative dispute resolution
- •(I) private international law, intellectual property and the internet (a) What is Private International Law?
- •(B) Private International Law and the Internet
- •(C) Sources of Private International Law
- •(D) Private International Law, Harmonization and Intellectual Property
- •(E) Jurisdiction and Applicable Law in Intellectual Property Disputes
- •(II) alternative dispute resolution (a) What are the Methods of Alternative Dispute Resolution?
- •(B) The wipo Arbitration and Mediation Center
- •(C) General Characteristics of adr
- •(D) adr in e-Commerce
- •(E) adr, e‑Commerce and Intellectual Property
- •(F) adr and Legal Systems
- •(G) adr Limits and Challenges
- •(H) An Example: The wipo udrp Experience
- •(I) New Developments in adr
- •V. Issues for developing countries in the digital environment
- •(I) introduction
- •(II) ‘digital bridges’ over the digital divide
- •(III) access and participation in the digital economy
- •(IV) opportunities and challenges
- •(V) differential e-development
- •The Geography of Technological Innovation and Achievement undp Human Development Report 2001
- •(VII) wipo’s digital agenda in developing countries
- •(VIII) museums and images of cultural heritage online
- •(IX) traditional knowledge databases and digital libraries
- •VI. Digital delivery of intellectual property services
- •(I) developments in national intellectual property offices (a) Traditional Intellectual Property Office Administration
- •(B) Use of New Information Technology Systems in ip Offices
- •Japan Patent Office – Processing of Patent Applications
- •(II) wipo services
- •(A) wiponet
- •(B) The pct Treaty and Procedure
- •(C) The Madrid Agreement and Electronic Systems
- •(D) The Hague Agreement and Electronic Systems
- •VII. The wipo digital agenda
(II) wipo services
452 The following portion of this Chapter describes developments with respect to four WIPO services that utilize digital technologies:
(a) WIPOnet
(b) The PCT Treaty and Procedure
(c) The Madrid Agreement and Electronic Systems
(d) The Hague Agreement and Electronic Systems
(A) wiponet
453 In March 1998, WIPO’s Member States approved the establishment of a program, WIPOnet, to put in place a global information network for Intellectual Property Offices. 578
The goal of WIPOnet is to support the deployment of adequate local infrastructure in Intellectual Property Offices, with special attention to those in developing countries, providing the necessary software and hardware that would allow these offices to connect to the Internet and to benefit from certain communication and information services. In conjunction with the deployment of the network, WIPO would provide technical expertise and assistance in areas of legal advice, infrastructure development, capacity building and training.
454 The idea behind this program was that all Offices in the world should be given access to electronic means of communication, intellectual property information and WIPO’s information collections. As part of this program, WIPOnet would also provide secure access to sensitive intellectual property data. The network is planned to connect 320 Intellectual Property Offices in 178 countries and will be based largely on existing worldwide communication infrastructures. Its implementation will introduce greater efficiencies in the operations of the Intellectual Property Offices through the use of information technology and the possibility to use services provided by WIPOnet itself, such as secure e-mail, list servers, web hosting and file transfer services and discussion groups on intellectual property topics.
455 WIPOnet will equip some 154 Intellectual Property Offices that do not have Internet access with basic connectivity and core services. The services include virus scanning, e-mail, data exchange (for routine and confidential data), mailing lists and web hosting. WIPOnet will also function as a portal for other WIPO-provided systems, including its Intellectual Property Digital Libraries (IPDLs). A key feature of WIPOnet is its ability to provide for secure end-to-end transmission of confidential intellectual property data, which will facilitate the use of WIPO’s international registration services for patents, trademarks and designs.
456 As a project, WIPOnet project consists of two major components: (i) the establishment of a central facility, the WIPOnet center and the deployment of network services at WIPO’s headquarters in Geneva, and (ii) the provision of Internet connectivity and computer equipment to Intellectual Property Offices of WIPO Member States, which are not yet online. WIPOnet’s implementation was planned in two main phases, the first of which began deployment in January 2001:
- Phase I focuses mainly on setting up the Project’s infrastructure at the International Bureau, establishing basic connectivity for those Member States with no Internet access and providing basic services. The approach to the development and installation of the physical aspect of the project is designed to support the needs for a network infrastructure that is both scalable and sustainable (i.e., that can be enlarged in size and supported as the needs change over time). In addition, during the deployment of Phase 1, connectivity will be provided to a nominated Intellectual Property office in those countries (approximately 66) which presently do not have Internet connectivity.
- Phase 2 will cover deployment to the remaining nominated Intellectual Property Offices (approximately 88) not yet connected to the Internet, in Member States where Internet connectivity exists.
(i) The WIPOnet kit
457 The deployment of the WIPOnet kit (basic computer hardware, software, training and reliable Internet connectivity) has now been finalized in 48 offices of the 154 identified. This kit will enable the concerned Intellectual Property Offices to access the Internet and the WIPOnet center, as well as the services provided by the latter. The Intellectual Property Offices receiving the WIPOnet kit will also be able to take advantage of:
- WIPO sponsored allocation of 360 hours of dial-up Internet access per year;
- Secure communications over the public Internet;
- Electronic mail, file transfer facilities, and other inter-office collaborative tools, together with managed support for these tools; and
- Web hosting and support services: for Certain Intellectual Property Offices, centralized ‘virtual’ hosting will be made available. This means that for offices lacking the necessary technical capabilities, it will be possible to locate their systems on the computer servers of WIPOnet, until these web services can be migrated to the local office servers upon acquisition of the technical capabilities by local personnel.
- Help Desk services: WIPOnet provides telephone and e-mail based support and help desk services to intellectual property offices.
(ii) Future Development of WIPOnet
458 In its initial phase, WIPOnet will only support activities that are undertaken between Intellectual Property Offices, as well as those between Intellectual Property Offices and the International Bureau. However, with the further evolution of technology systems, business models and intellectual property standards, WIPOnet will serve also other purposes, including:
- Electronic filing of applications for patents under the Patent Cooperation
Treaty;
- Electronic filing of applications for Trademarks under the Madrid System for the International Registration of Marks;
- Electronic filing of industrial designs under the Hague System for the
International Deposit of Industrial Designs;
- Access to the Intellectual Property Digital Libraries (IPDLs) currently hosted by WIPO, with retrieval and display facilities for various intellectual property data collections. These collections include Hague, Madrid, PCT and JOPAL
(non-patent reference) data;
- Electronic exchange of administrative information under the global protection systems administered by WIPO, namely the Patent Cooperation Treaty, the Madrid Agreement and its Protocol, and the Hague agreement;
- Distance learning systems managed by the WIPO Worldwide Academy designed to promote a better understanding of the intellectual property system and to assist and expedite human resource development in WIPO Member States.
459 WIPOnet and WIPO’s intellectual property services, now available on line, such as IPDLs, and those that will be available in the future, such as PCT-SAFE, provide a unique opportunity to prevent the widening of the gap between developed and developing countries in the access to and use of network-based systems. In the short term, this will be the most visible and immediate benefit of the system.
460 For this benefit to be realized, it is fundamental that the digital libraries to which WIPOnet gives access are properly and timely updated. Moreover, it is necessary that the technology that underlies the system be kept up to date and that the facilities provided by the systems, hosted in different countries, are harmonized to the maximum extent. This task is clearly within WIPO’s responsibility and that of the Offices that provide the digital libraries and similar network-based systems that are to be accessed via WIPOnet. There is, however, a second aspect, which falls under the responsibility of the countries using the system. There is a strong need for skilled information and communication technology experts to make WIPOnet successful and sustainable in the long term. While WIPOnet foresees, in its deployment, a training program aimed at the development of the skills necessary for its use, skills and capabilities will need to be developed locally in order to sustain the future development of the system.