WIPO - Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications - 38th session - EU Opening Statement

Mr Chair,

The EU and its Member States would like to thank you for your continuous efforts and dedication to the work of this Committee. We believe it is important to hold fruitful discussions in all key areas covered by the SCT but, in the end, also to come to clear and tangible results that have a positive impact on stakeholders.

With regard to trademarks, the Committee has been discussing the protection of country names against registration and use as trademarks. The EU and its Member States share the view that it is important to ensure effective protection of country names and that there are legal means in place to secure appropriate protection in national legislations. In this regard, the work carried out in the Committee so far has not revealed a need for additional action other than awareness raising, which should focus in particular on the availability of grounds for refusal or invalidation of trademarks containing country names and on the possibility of addressing the relevant issues in trademark examination manuals. At the same time, we note calls for further work on this issue and remain open to paving the way for greater transparency of national practices. In order to further explore the implications of diverging solutions currently in place and to mutually explain the various rationales, we would like to propose that the Committee consider the possible merits of organising an information session dedicated to country names.

As regards industrial designs, we refer to the discussions held in relation to the Design Law Treaty during the General Assembly earlier this month. The EU and its Member States went to the Assemblies, aiming to break the political deadlock of last years which has prevented the GA from taking a decision on the convening of a diplomatic conference for the adoption of the DLT. Regrettably, despite our best endeavours and unprecedented level of flexibility from the side of the EU and its Member States, and despite coming very close, an agreement proved yet again out of reach. Instead, the GA decided that at its next session in 2018, it will continue considering the convening of a diplomatic conference on the DLT. In light of that unfavourable result, we refer to the discussions held during SCT 36, and the conclusion of the Chair that while the DLT would remain on its agenda, the SCT should abide by the decision of the General Assembly. Accordingly, we reiterate our position that discussions on the DLT should not be held in this Committee.

In relation to graphical user interface, icon and typeface/type font designs, we look forward to participating in the information session and learning about the practices of offices and the experience of users.

During this meeting of the SCT, we will also continue discussions on the work programme in relation to geographical indications, and specifically on the Chair's proposal [document SCT/38/4]. The EU and its Member States remain committed to developing a work programme that is acceptable to all WIPO members, in accordance with the SCT mandate and in line with the 2015 General Assembly decision that directed the SCT to examine the different systems for protection of geographical indications, within its current mandate and covering all aspects.

We note however, as we have done in the past, that the work of the SCT should respect the SCT mandate and framework, and should build on, and avoid duplication of, work already completed by the SCT or covered by existing Treaties and IP systems administrated by WIPO. Furthermore, we should not aim to interpret or revise the provisions of the Lisbon Agreement or the Geneva Act. Any future revision of the Geneva Act is the exclusive prerogative of the members of the Lisbon Union.

We have studied the Chair's proposal in detail and can find much in it to commend, notably the proposal to discuss the protection of GIs on the internet and in the DNS. While not excluding a wider discussion, we reiterate that our work should be focused and relevant to the issues faced by stakeholders today. We look forward to discussing this question further with a view to reaching consensus.

In view of all these considerations, the EU and its Member States look forward to continuing work in all three key areas of the SCT.

Thank you.