World Patent Information 33 (2011) 401–403
Contents lists available at ScienceDirect
World Patent Information journal homepage: www.elsevier.com/locate/worpatin
WIPO News
An abbreviated selection of material from "Press Releases" and "Updates" etc normally chosen from the WIPO website (http://www. wipo.int/portal/index.html.en); more detailed information is available on the website.
apply for protection so long as applicants have a connection to a contracting party – be it a state or an intergovernmental organization. This was notably the case of American applicants. 1.2. Designation trends in international registrations
1. International design system sees record growth in 2010 International design activity saw strong growth in 2010 with WIPO receiving 2382 applications under the 57-member Hague Agreement Concerning the International Registration of Industrial Designs, or a 32.6% increase over the previous year. The number of registered designs that were filed by applicants from the following countries increased significantly in 2010 compared to 2009: Germany (þ31%), Switzerland (þ42%), Turkey (þ108%), Austria (þ48%), Spain (541%), and Luxembourg (þ271%). Similarly, international design registrations grew by 31.8% with a total 2216 registrations in 2010. “Designs are a valuable means of product differentiation, often determining the success of one product over a comparable one. While many companies invest large sums of money and expertise to develop winning designs, good designs can also be developed at low cost and provide a high return on investment,” said WIPO Director General Francis Gurry. He added “The significant growth in filings under the Hague system shows that, in spite of difficult economic times, companies continue to invest in protecting industrial design.” The theme of this year’s World Intellectual Property Day on April 26, 2011 – “Designing the Future” – sought to highlight the role of design in product differentiation and the contribution of designers to society and innovation. During 2010, the geographical scope of the Union expanded with Norway, Azerbaijan and Germany joining the Geneva Act. Spanish was added to French and English as a third working language in April 2010. 1.1. Regional and national filing trends Among major users, applicants in Germany ranked first, registering 2864 designs, or 26.9% of the total. They were followed by applicants from Switzerland (2635 designs, 24.8%), France (998 designs, 9.4%), the Netherlands (867 designs, 8.2%), and the United States of America (811 designs, 7.6%). Applicants from Italy, Turkey, Austria, Spain and Luxembourg were also among the top ten filers, each with more than 200 designs filed for protection in 2010. The international design system allows an applicant who does not reside in a country that is a member of the Hague system to
doi:10.1016/j.wpi.2011.06.010
In 2010, WIPO recorded 10,741 designations of contracting parties in international registrations, representing a 6.3% increase over the previous year. This relatively low rate of increase in designations as compared to registrations is because many applicants designated the European Union as a block rather than designating those individual European Union members that are also members of the Hague Agreement. In 2010, the European Union was the most designated member in terms of designs for which protection was requested under the Hague system. It was designated with respect to 7897 (70.3%) of the total 11,238 designs recorded by WIPO that year. The next most designated countries were Switzerland with 7736 designs (69%), Turkey (4589 designs, 41%) and Singapore (2448 designs, 22%). 1.3. Top applicants The Procter & Gamble Company (USA) topped the list of largest users with 127 design applications in 2010. P&G was followed by Koninklijke Philips Electronics N.V. (The Netherlands), Vestel Beyaz Esya (Turkey), Volkswagen Aktiengesellschaft (Germany), Gillette Company (USA), Daimler AG (Germany), Pi-Design AG (Switzerland), Swatch AG (Switzerland), Braun GmbH (Germany) and Société des Produits Nestlé (Switzerland). 1.4. Profile and costs of registrations recorded in 2010 In 2010, 11.4% of the recorded designs were in the field of the packages (mostly for foodstuff and cosmetics) and the containers for the transport and handling of goods, such as plastic bottles. This was followed by clocks and watches (9.1%), and furnishing (8.3%). In 2010, 2216 international registrations containing 11,238 designs were recorded, which is an average of 5 designs per international registration. This amount increased by 26.7% compared with 2009. During the same period, the number of designations of member states per registration increased by 6.3%. At the end of 2010, 25,633 registrations were active. These registrations contained 107,834 active designs. The number of right holders amounted to 7,919, or a 2.5% over 2009. The majority of rights holders (96.02%) own a portfolio of registrations amounting
402
WIPO News / World Patent Information 33 (2011) 401–403
to a maximum of 10 designs, showing extensive use by small and medium-sized enterprises. The average amount of fees paid with respect to an international registration was 1655 Swiss francs. Of all the international registrations recorded by WIPO in 2010, 89.1% required fees amounting to less than 3000 Swiss francs. Full details and tables are available at http://www.wipo.int/ pressroom/en/articles/2011/article_0012.html. 2. International trademark filings recover in 2010 International trademark activity recovered in 2010 with WIPO receiving 39,687 applications under the 85-member Madrid System for the International Registration of Trademarks (“the Madrid system”), representing a 12.8% rate of growth. The largest growth was registered from the Republic of Korea (þ42.2%), China (þ42%), Italy (þ38.7%), United States of America (þ29.6%), European Union (þ26.9%) and Japan (þ20.2%). Similarly, international trademark registrations were up 4.5% on 2009 with a total 37,533 international registrations in 2010. WIPO recorded 21,949 international trademark renewals in 2010, representing an increase of 14.1%, reflecting the value of established brands at a time when consumers opt for goods that are tried and trusted. “International trademark activity has rebounded and has nearly recovered the ground lost in 2009,” said WIPO Director General Francis Gurry. 2.1. Regional and national filing trends The EU accounted for over half of the international applications received – some 22,403 - in 2010. This includes international applications filed through national trademark offices of the countries concerned and those filed through the Office of Harmonization for the Internal Market (OHIM). Some 4707 international applications were filed through OHIM in 2010 representing a 26.9% increase on figures for 2009. Among major users, applicants in Germany ranked first, filing 5006 international applications, representing 12.6% of the total. OHIM ranked second with 4707 international applications reflecting a 26.9% increase on 2009 figures. Applicants based in the USA accounted for 4147 international applications, representing 10.4% of the total. USA moved up one place to become the third largest filer. France ranked 4th (from 3rd) with 3565 applications or 9.0% of the total. Switzerland held its 5th ranking with 2893 international applications, and an increase of 8.3%, followed by Italy, China and the Benelux countries (Belgium, Luxembourg and the Netherlands). 2.2. Top holders and top applicants With 137 international trademark applications, Philip Morris (Switzerland) was the largest filer in 2010 followed by Novartis (Switzerland), Boehringer Ingelheim (Germany), Da Lian Ya Tu Tou Zi Zi Xun You Xian Gong Si (China), Ministero Delle Politiche Agricole (Italy), Zhejiang Chengpeng Industry (China), KRKA (Slovenia), Henkel (Germany), Novo Nordisk (Denmark), Nestlé (Switzerland), Galenka (Serbia), Janssen Pharmaceutica (Belgium), BSH Bosch und Siemens (Germany), Syngenta (Switzerland), Glaxo Group (UK), Biofarma (France), Egis Gyógyszergyár (Hungary), EkoSan (Bosnia and Herzegovina), Apple Inc (USA) and Phillips (Netherlands). Henkel (Germany), with a total of 2973, holds the largest number of international trademark registrations under the Madrid system.
2.3. Top designated countries Madrid Union members were notified of 299,476 new designations (contained in new registrations or territorial extensions) in 2010, representing a 1.3% decrease compared to 2009. The likely reason for such a decrease is that many applicants prefer making a single designation of the European Union as a whole instead of designating individual Member States of the European Union. The top six in the ranking of most designated member states changed in 2010. China (with 16,143 designations) continues to be the most designated country, but the European Union moved up three places to become 2nd, followed by the USA, Russian Federation (from 2nd to 4th), Switzerland and Japan. 2.4. Profile of registrations recorded in 2010 In submitting a trademark application, an applicant has to specify the goods or services to which the trademark will be applied in accordance with an international classification system known as the “Nice Classification”. The most popular classes of goods and services in international trademark registrations recorded in 2010 were Class 9 (covering, for example, computer hardware and software) representing 8.5% of the total, Class 35 (covering services such as office functions, advertising and business management) which represented 7% of the total, Class 25 (covering clothing, footwear and headgear) which represented 5.4% of the total, Class 42 (covering services provided by for example, scientific, industrial or technological engineers and computer specialists) which represented 5.2% of the total; Class 5 (covering mainly pharmaceuticals and other preparations for medical purposes) which represented 5.1% of the total, and Class 41 (covering services in the area of education, training, entertainment, sporting and cultural activities) which represented 4.4% of the total. WIPO recently launched the “Goods and Services Manager,” which helps trademark applicants in compiling the list of goods and services that must be submitted when filing an international application under the Madrid System. 2.5. Active international registrations Over half a million (526,674) international registrations were active in the International Register at the end of 2010, containing some 5.55 million active designations and representing a 2.2% increase relative to 2009. These registrations belong to 174,349 right holders who are mostly small and medium-sized enterprises. 2.6. Oldest registration The oldest international trademark registration which is still in effect as a result of multiple renewals, belongs to Swiss watchmaker Longines. This trademark was first registered in 1893. Full details and tables are available at http://www.wipo.int/ pressroom/en/articles/2011/article_0011.html. 3. International conference concludes TKDL can prevent misappropriation and fuel innovation Representatives from more than 35 countries discussed at an international conference in New Delhi the potential of India’s Traditional Knowledge Digital Library (TKDL) – a database documenting centuries-old traditional medicinal treatments – to be emulated in their countries and concluded that such a mechanism can fuel future innovation and benefit-sharing. There was widespread agreement about the value of TKDLs to protect against
WIPO News / World Patent Information 33 (2011) 401–403
misappropriation of traditional knowledge (TK), as well as their potential in enabling further innovation, such as in the area of public health. Delegates attending the International Conference on the Utilization of the Traditional Knowledge Digital Library as a Model for Protection of Traditional Knowledge, co-organized by WIPO and India’s Council of Scientific and Industrial Research (CSIR), heard from countries which are rich in TK, such as Ecuador, Indonesia, Kenya, Peru, Republic of Korea and Thailand. Speakers agreed on the need to protect TK from misappropriation. Closing the conference on behalf of the Director General of WIPO, Executive Director and Chief of Staff Naresh Prasad said the conference “was extremely successful, fulfilling its objective to disseminate information about the TKDL as a model for the protection of TK.” Summarizing the spirit of discussions, he added that TK should also be shared and communities should participate and benefit – TK is a source of innovation and could inspire lifesaving medicines. In a statement to the conference WIPO Director General Francis Gurry said the TKDL is an excellent example of a technical platform which can work alongside legislative frameworks. India’s TKDL could be a good model for others and WIPO was ready to facilitate international collaboration for countries which were interested in establishing their own TKDLs. 4. PCT two million “WIPO has been a vital force in supporting innovation and disseminating new technologies” – Qualcomm Chairman, Paul E. Jacobs. In April 2011, the PCT- WIPO’s international patent application filing system - celebrated a new milestone as it clocked up two million international patent applications. In a ceremony at WIPO Headquarters on April 14, 2011, WIPO Director General Francis Gurry awarded a certificate to mark the two millionth filing to Qualcomm, the US innovation company which has invented many of the wireless technologies that are at the center of the unprecedented growth in mobile voice, data and Internet services. Qualcomm began life in 1985 as a small startup with seven people in San Diego, California. Today, the company’s technologies are integral to mobile phones, tablet computers, ereaders, mobile applications and other wireless devices and services used by billions of people globally. Qualcomm has filed more than 9000 international patent applications. The acceleration in PCT growth has been remarkable (Fig. 1). From when it first became operational in 1978, it took 26 years to reach the first million (end 2004); but little over six more years to reach two million mark.
403
Fig. 1. Growth in PCT Applications from 1978 to date.
In 2009, the number of international patent applications filed under the PCT dropped for the first time since 1979 as a result of the global economic crisis. But they began to recover already in 2010 with an increase of 4.8%, driven by strong growth from China (þ56.2%), the Republic of Korea (þ20.5%), and Japan (þ7.9%). The geography of the PCT is changing with East Asia now accounting for the largest number of international patent applications, outstripping the US and Europe. This is a reflection of the accelerated geographic diversification of innovative activity worldwide. International patenting in the field of digital communication (including wireless communication networks) saw the fastest growth in 2010 (up 17.3%). Most other fields of technology experienced a decline or only modest growth. 5. Cybersquatting hits record level: WIPO center rolls out new services In 2010, trademark holders filed 2696 cybersquatting cases covering 4370 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 28% over the 2009 level and of 16% over the previous record year, 2008. Parties took advantage of user-friendly online facilities such as the WIPO-initiated paperless eUDRP, the Legal Index of WIPO UDRP Decisions, and the Overview of WIPO Panel Views on Selected UDRP Questions (WIPO Overview) to assist their case preparation and submission. Michael Blackman Editor-in-Chief, UK E-mail address:
[email protected]