U.S. general statement at 2009 WIPO GA

World Intellectual Property Organization
Assemblies of the Member States
September 22 to October 1, 2009

AGENDA ITEM 5: General Statements

BACKGROUND:

Under this agenda item, Member States normally give general remarks/opening statements that comment on the work of WIPO and often highlight domestic developments and initiatives. These statements also often stake out positions on important agenda items before the Assemblies. This year, general statements will be preceded by ministerial statements in what is being termed as a high-level segment.

US POSITION:

The United States should deliver general remarks drawing on the talking points below as appropriate.

TALKING POINTS: (as appropriate)

• Thank you Mr. Chairman. First, we would like to join the previous speakers in congratulating you on your election as President of the WIPO General Assembly, and also your vice-chairs. We are confident that you will ably guide our discussions this week.
• The U.S. delegation would also like to thank the International Bureau of WIPO for its hard work in preparing for these meetings. The documentation before us is well drafted and comprehensive.
• We support the statement made by the distinguished delegate of Germany on behalf of Group B.

General

• Throughout the first half of 2009, WIPO’s ongoing strategic re-alignment process has worked to reform the Organization’s programs, resources and structures with a new set of strategic goals. These have enabled WIPO to respond more effectively to the rapidly evolving technological, cultural and geo-economic environment, as well as to respond to the urgent global challenges of today, which IP can have a role in addressing.
• While the U.S. continues to be supportive of goals that have been the focus of WIPO for years, such as a balanced evolution of the international normative framework for IP, facilitating the use of IP for development, and provision of premier global IP services, we are also supportive of new goals that have emerged. These include a renewed focus on building respect for IP; developing global IP infrastructure; responsive communication; becoming the world reference source for IP information; and addressing IP in relation to global policy challenges, such as climate change, public health and food security.
• At a time when governments and businesses around the globe are struggling with economic difficulties, the U.S. also realizes it is more important than ever that WIPO continue to work to maintain tight fiscal discipline in the budget, and to include initiatives to eliminate duplication, cut costs and increase efficiencies. For all of these reasons, the U.S. supports DG Gurry’s efforts to reform WIPO and bring in a new era of good governance, accountability and transparency.
• We are pleased that staffing adjustments and other streamlining efforts have been made in response to the recommendations in the 2007 Price Waterhouse Coopers desk-to-desk audit, and we look forward to further WIPO efforts to address the issues raised in the audit.
• The U.S. plans to continue to work with Member States and Director General Gurry to assist in the creation of a better functioning, more effective World Intellectual Property Organization that will improve its substantive work; establish its primacy on IPR policy issues in the UN; and increase its IPR-related development activities, while making sure staffing and spending are streamlined, and respect for IPR continues to be the major emphasis of the organization.

Outreach Division:

The U.S. is increasing our coordination on IPR outreach with WIPO’s Communications and Outreach Section, and with several WIPO member countries. We believe that improved awareness and education about the use and protection of IP is critical for improving the IPR system, and we are working with WIPO to better connect Member States, NGOs, the private sector and U.S. officials engaged in IPR outreach efforts.

USPTO Specifics:

• With regard to the work of IP offices, the U.S. believes that Global Worksharing is key to helping us meet the increasing challenge of efficiently managing the workloads faced by offices throughout the world, while at the same time delivering the highest possible quality.
• The USPTO currently has a number of worksharing projects underway with international offices. For example, the Patent Prosecution Highway (PPH) framework is one important step toward the goal of maximizing reutilization of work done by other offices.
• We are looking to increase participation in these worksharing projects by orders of magnitude so that we can truly see the benefits of worksharing, including genuine time and cost savings for applicants as well as patent offices worldwide.
  • How? By looking for and removing unnecessary burdens for participation; by finding new office-led worksharing initiatives; and by listening to our applicants for new and better ways to reutilize the work of other offices.
• With regard to the Patent Cooperation Treaty –
  • To accomplish the goal of reutilizing work and maximizing the use of PCT work products, we recently has established a PCT Task Force within the USPTO that is looking into how the PCT can function more effectively.
  • For the USPTO to maximize its timeliness and quality, the Task Force will examine the USPTO’s actions as receiving Office, International Searching Authority, and International Preliminary Examination Authority.
  • With the Task Force’s review of our procedures, and input from PCT applicants and others, we hope to improve the USPTO’s PCT operations internally, as well as have further ideas on how to improve the PCT as a whole.
  • We are aiming to integrate the PCT into all of our worksharing efforts, including Patent Prosecution Highway (PPH) and SHARE.

Copyright Office Specifics

• The U.S. Copyright Office and WIPO are jointly planning an International Training program in Washington, D.C. for developing countries and countries in transition on emerging issues in copyright and related rights pertaining to blind and visually impaired persons.
• The agenda will include training on the relevant international legal and business frameworks, case studies on existing exceptions for VIP worldwide, technical standards for accessible materials, the role of trusted intermediaries, market considerations, and information reports on the Word Blind Union treaty proposal and WIPO’s stakeholders platform.

Mr. Chairman, be assured that the United States will constructively engage in our discussions this week with the aim of finding outcomes that are acceptable to all WIPO Member States.

We wish you every success in your role as Chairman of this Assembly.

Thank you Mr. Chairman.