Singapore Treaty on the Law of Trademarks:Resolution by the Diplomatic Conference supplementary to the Singapore Treaty on the Law of Trademarks and the Regulations thereunder

Singapore Treaty on the Law of Trademarks

Resolution by the Diplomatic Conference supplementary to the Singapore Treaty on the Law of Trademarks and the Regulations thereunder

Geldend

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1

The Diplomatic Conference for the Adoption of a Revised Trademark Law Treaty, held in Singapore in March 2006, agreed that the Treaty adopted by the Conference would be named ‘Singapore Treaty on the Law of Trademarks’ (hereinafter referred to as ‘the Treaty’).

2

When adopting the Treaty, the Diplomatic Conference agreed that the words ‘procedure before the Office’ in Article 1(viii) would not cover judicial procedures under the Contracting Parties' legislation.

3

Acknowledging the fact that the Treaty provides for effective and efficient trademark formality procedures for Contracting Parties, the Diplomatic Conference understood that Articles 2 and 8, respectively, did not impose any obligations on Contracting Parties to:

(i)

register new types of marks, as referred to in Rule 3, paragraphs (4), (5) and (6) of the Regulations; or

(ii)

implement electronic filing systems or other automation systems.

Each Contracting Party shall have the option to decide whether and when to provide for the registration of new types of marks, as referred to above.

4

With a view to facilitating the implementation of the Treaty in Developing and Least Developed Countries (LDCs), the Diplomatic Conference requested the World Intellectual Property Organization (WIPO) and the Contracting Parties to provide additional and adequate technical assistance comprising technological, legal and other forms of support to strengthen the institutional capacity of those countries to implement the Treaty and enable those countries to take full advantage of the provisions of the Treaty.

5

Such assistance should take into account the level of technological and economic development of beneficiary countries. Technological support would help improve the information and communication technology infrastructure of those countries, thus contributing to narrowing the technological gap between Contracting Parties. The Diplomatic Conference noted that some countries underlined the importance of the Digital Solidarity Fund (DSF) as being relevant to narrowing the digital divide.

6

Furthermore, upon entry into force of the Treaty, Contracting Parties will undertake to exchange and share, on a multilateral basis, information and experience on legal, technical and institutional aspects regarding the implementation of the Treaty and how to take full advantage of opportunities and benefits resulting therefrom.

7

The Diplomatic Conference, acknowledging the special situation and needs of LDCs, agreed that LDCs shall be accorded special and differential treatment for the implementation of the Treaty, as follows:

(a)

LDCs shall be the primary and main beneficiaries of technical assistance by the Contracting Parties and the World Intellectual Property Organization (WIPO);

(b)

such technical assistance includes the following:

(i)

assistance in establishing the legal framework for the implementation of the Treaty,

(ii)

information, education and awareness raising as regards the impact of acceding to the Treaty,

(iii)

assistance in revising administrative practices and procedures of national trademark registration authorities,

(iv)

assistance in building up the necessary trained manpower and facilities of the IP Offices, including information and communication technology capacity to effectively implement the Treaty and its Regulations.

8

The Diplomatic Conference requested the Assembly to monitor and evaluate, at every ordinary session, the progress of the assistance related to implementation efforts and the benefits resulting from such implementation.

9

The Diplomatic Conference agreed that any dispute that may arise between two or more Contracting Parties with respect to the interpretation or the application of this Treaty should be settled amicably through consultation and mediation under the auspices of the Director General.

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