World Intellectual Property Organization (WIPO

WIPO World Intellectual Property Organization

Chemin des Colombettes 34, CH-1211 Geneva 20, Switzerland

http://www.wipo.int/

The World Intellectual Property Organization (WIPO) is a UN agency functioning as a global forum for intellectual property (IP) related services (patents, copyright, trademarks, and designs), policy, information, and co-operation. The organisation was established in 1967 and it currently has 188 member states, in addition to over 200 observers representing non-governmental organisations and intergovernmental organisations. WIPO’s activities are focused on: Contributing to the development of a balanced and effective international IP system; providing global services to protect IP at a global level and to resolve disputes; sharing of knowledge and information on IP-related issues; and encouraging co-operation and offering capacity building programmes aimed to enable countries to use IP for economic, social, and cultural development.

Digital activities

WIPO provides domain name dispute resolution services, through its Arbitration and Mediation Center. In this regard, the organisation has developed (in collaboration with the Internet Corporation for Assigned Names and Numbers (ICANN)) the Uniform Domain Name Dispute Resolution Policy (UDRP) – the main domain name dispute resolution mechanism for conflicts on the right to register and use domain names under certain generic top level domains (gTLDs). The Center also administers disputes under a number of specific policies adopted by individual gTLD registries and provides domain name dispute resolution services for over 70 country code top level domains (ccTLDs).

The organisation administers the WIPO Copyright Treaty and the WIPO Performances and Phonogram Treaty (known as the ‘Internet Treaties’), which contain international norms aimed at preventing unauthorised access to and use of creative works on the Internet or other digital networks. It also carries out research and provides recommendations on issues related to the protection of intellectual property rights in the digital environment (especially with regards to copyright and trademarks). Digital policy issues

Infrastructure basket

Artificial intelligence

WIPO is paying particular attention to the interplay between artificial intelligence (AI) and IP. In December 2019, it published a draft issue paper on AI and IP, which was later revised based on public comments and re-published in May 2020. The paper explores the (potential) impact of AI on IP policies in areas such as copyright and related rights, patents, trademarks, designs, and overall IP administration. Building on this exploratory work, WIPO is leading a Conversation on IP and AI, bringing together governments and other stakeholders, to discuss the impact of AI on IP. WIPO is also working on an AI and IP strategy clearing house, through which it is collating government instruments (strategies, regulations, etc.) that are relevant to AI and IP. The organisation is additionally developing and deploying AI solutions in the context of various activities; relevant examples are the WIPO Translate and WIPO Brand Image Search, which use AI for automated translation and image recognition.

• Revised Issue Paper on Intellectual Property Policy and Artificial Intelligence (2020) • Conversation on Intellectual Property and Artificial Intelligence • AI and IP strategy clearing house • UN Secretary General’s High-level Panel on Digital Cooperation follow-up process |

WIPO is contributing to the roundtables about AI and digital platforms • Takes part in the Road to Bern via Geneva dialogues on digital and data co-operation • Co-operates with the ITU in the AI for Good initiative • Supports UNESCO’s work on developing the first global normative instrument on the ethics of AI

Alternative dispute resolution & critical Internet resources

WIPO’s activities in regard to the Domain Name System revolve around the protection of trademarks and related rights in the context of domain names. It has developed, to-

gether with ICANN, the UDRP. Under this policy, WIPO’s Arbitration and Mediation Centre provides dispute resolution services for second level domain name registrations under gTLDs to which the UDPR applies. The Arbitration and Mediation Centre also administers disputes under specific policies adopted by some gTLD registries (e.g. .aero, .asia, .travel). In addition, the Centre offers domain name dispute resolution services for over 70 country code top-level domains (ccTLDs). WIPO has developed a ccTLD Program, with the aim to provide advice to many ccTLD registries on the establishment of dispute resolution procedures. WIPO also contributes to the work carried out within the framework of ICANN in regard to the strengthening of existing trademark rights protection mechanisms or the development of new such mechanisms.

• Uniform Domain Name Dispute Resolution Policy (UDRP) • UDRP Procedures for Generic Top Level Domains • WIPO Guide to the Uniform Domain Name Dispute Resolution Policy • Guide to WIPO’s services for country code top-level domain registries • WIPO’s Arbitration and Mediation Centre • WIPO Online Case Administration Tools, including WIPO eADR (allowing parties in a dispute, mediators, arbitrators, and experts in a WIPO case to securely submit communications electronically into an online docket) and online facilities for meetings and hearings as part of WIPO cases. • ICANN (on UDRP)

Legal and Regulatory basket

Intellectual property rights

Trademarks. WIPO has long been involved in issues related to the protection of trademarks in the context of the Domain Name System. The first phase of the WIPO Internet Domain Name Process, carried out in 1991, explored trademark abuse in second-level domain names, and led to the adoption, by ICANN, of the UDRP. WIPO has also contributed to the development of several trademark rights protection mechanisms applicable to generic top-level domains (such as legal rights objections, the Trademark Clearinghouse, and the uniform rapid suspension system). The WIPO Arbitration and Mediation Centre administers trademark-related dispute resolution cases for several gTLDs and ccTLDs. Copyright. WIPO is actively contributing to international discussions on the protection of copyright in the digital environment. The organisation administers the ‘Internet Treaties’, which contain international norms aimed at preventing unauthorised access to and use of creative works on the Internet or other digital networks. Among others, the treaties clarify that existing IP rights apply on the Internet, but also introduce new ‘online rights’. WIPO also carries out research and organises seminars and other meetings on aspects concerning challenges and possible solutions for the protection of copyright and related rights in the digital era.

• WIPO Copyright Treaty • WIPO Performances and Phonogram Treaty • Uniform Domain Name Dispute Resolution Policy (UDRP) • Standing Committee on Copyright and Related Rights • Standing Committee on the Law of Trademarks, Industrials

Designs and Geographical Indications • WIPO’s Arbitration and Mediation Centre • ICANN (on UDRP)

Liability of intermediaries

Given WIPO’s concerns with regard to the protection of copyright and related rights on the Internet, the organisation is exploring issues related to the roles and responsibilities of Internet intermediaries when it comes to online copyright infringements. The organisation carries out or commissions research and publishes studies on the relationship between copyright and Internet intermediaries (such as comparative analysis of national approaches of the liability of Internet intermediaries), and organises events (seminars, workshops, sessions at the World Summit on the Information Society Forum and Internet Governance Forum meetings, etc.) aimed at facilitating multistakeholder discussions on the potential liability of Internet intermediaries in relation to copyright infringements.

• Role and Responsibility of the Internet Intermediaries in the Field of Copyright • Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries (I and II)

Sustainable development

WIPO is of the view that IP is a critical incentive for innovation and creativity, and, as such, a key to the success of the sustainable development goals (SDGs). The organisation works to enable member states to use the IP system to drive the innovation, competitiveness, and creativity needed to achieve the SDGs. It does so, for instance, through supporting countries in their efforts to build an innovative IP ecosystem, providing legislative advice on updating national IP laws, and supporting judiciary systems in keeping up with technological innovation. WIPO’s contribution to the implementation of the Agenda 2030 is guided by its Development Agenda.

• WIPO and the Sustainable Development Goals - Innovation Driving Human Progress (brochure) • Report on WIPO’s Contribution to the Implementation of the Sustainable Development Goals and its Associated Targets (2019) • WIPO GREEN – online marketplace for sustainable technologies

Climate change

WIPO’s Global Challenges programme brings together various stakeholders to explore issues related to green technologies and the environment. For instance, it hosts WIPO Green, a multistakeholder platform aimed to promote innovation and diffusion of green technologies, and it provides analysis of relevant IP issues to facilitate international policy dialogue.

• Innovation and Diffusion of Green Technologies: The Role of Intellectual Property and Other Enabling Factors (2015) • WIPO GREEN – online marketplace for sustainable/green technologies

Digital tools

WIPO is using multiple digital tools in relation to its services. Below are some examples: • WIPO IP Portal – one-top shop for WIPO’s IP services • WIPO Online Case Administration Tools, including WIPO eADR (allowing parties in a dispute, mediators, arbitrators, and experts in a WIPO case to securely submit communications electronically into an online docket) and online facilities for meetings and hearings as part of WIPO cases • WIPO GREEN – online marketplace for sustainable technologies • WIPO Match – platform that matches seekers of specific IP-related development needs with potential providers offering resources • WIPO Proof – a service that provides a date- and time-stamped digital fingerprint of any file • Madrid e-services – online tools and resources • Electronic Forum – enables the electronic distribution and submission by email of comments concerning preliminary draft working documents and draft reports. • WIPO Academy, which also includes an eLearning Centre • Platforms for online meetings (not so clear which platform(s) WIPO is using)