The 3rd Special Session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) has begun at WIPO Headquarters. The session will run from October 2 to 6.

The main topic of discussion is the preparation of a draft Design Law Treaty (DLT) to be adopted at the Diplomatic Conference no later than 2024 (document SCT/S3/4).

The elaboration of this document began 18 years ago. Following the meeting of this Special Session and the subsequent Preparatory Committee, the main text of the document, the rules of procedure and instructions for further adoption at the Diplomatic Conference should be finalized.

In her opening remarks, WIPO Deputy Director General Binyin Wang emphasized that WIPO is currently witnessing the highest level of industrial design applications since 2013. Moreover, while the importance of design protection is growing, preparations for the conclusion of the DLT involve closing all the gaps and unresolved issues that remain:

• disclosure in the industrial design of the origin or source of traditional cultural expressions, traditional knowledge or biological/genetic resources used or incorporated in the industrial design;
• requirements for the date of filing and setting the priority date;
• standard international forms;
• electronic exchange of priority documents, etc.

The settlement of these and other issues will ensure the harmonization of international legislation on the protection of industrial design rights and thus simplify the process of obtaining industrial design protection abroad by improving the conditions for the development of protection strategies for all applicants.

At the beginning of the Special Session, the Ukrainian delegation condemned the full-scale war of the russian Federation against Ukraine and emphasized the negative consequences for the IP sphere.

“In direct violation of international humanitarian law, russia has deliberately targeted civilian infrastructure, causing damage and destruction to the cultural, educational, and religious buildings, and intellectual property assets of the Ukrainian people. As we noted during GA this year, the negative impacts described in the WIPO report on Assistance and Support for Ukraine’s Innovation and Creativity Sector and Intellectual Property System will only grow”, – noted Bohdan Paduchak, First Deputy Director of the IP Office.

Bohdan Paduchak (right) and Ramiz Ramazanov, Counselor, Economic Section
of the Permanent Mission of Ukraine to the United Nations Office and otherinternational organizations in Geneva

The Ukrainian delegation emphasized the inadmissibility of indicating the addresses of applicants from the occupied territories of Ukraine as addresses from the russian Federation, in particular with regard to applications under the Madrid and Hague systems, and called for the deprivation of any privileges and honours within WIPO

At the same time, many WIPO Member States and the WIPO International Bureau continue to provide unwavering support and solidarity to Ukraine and its people and unequivocally condemned in the strongest possible terms russia`s war of aggression and its violation of international law. Thus, the statement of the Ukrainian delegation was supported by Poland – on behalf of the countries of the Central European and Baltic States (CEBS) Regional Group; the Netherlands – on behalf of the Group B; Spain – on behalf of the European Union and its member states.

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Main outcomes of the WIPO General Assembly for Ukraine: deepening cooperation, prioritizing security, developing the IP sphere and strengthening the isolation of the russian federation