The treaty, to
be known as the Singapore Treaty on the Law of Trademarks (or the
Singapore Treaty), updates the 1994 Trademark Law Treaty (TLT) and
brings it in line with the technological developments of the past
decade.
The TLT was designed to streamline and simplify, on a worldwide
basis, the admin procedures relating to national and regional trade
mark applications and the maintenance of trade mark
registrations.
It obliged those who sought trade mark protection under the TLT
to, as a first step, observe certain formalities to avoid rejection
of their application and a consequent loss of rights. These
formalities normally vary from one country to another but the TLT
successfully introduced standard requirements to be followed in
procedures before trade mark offices.
However, WIPO was concerned that the TLT was not keeping pace
with developments in telecommunications. It also wished to create
an institutional framework allowing the adaptation of certain
administrative details regulated under the treaty.
Negotiations for an updated treaty have now been successfully
concluded.
According to WIPO, the Singapore Treaty creates both a level
playing field for all economic operators that invest in branded
goods and a dynamic regulatory framework for brand rights. It
creates an assembly of the contracting parties, establishing a
built-in review mechanism for administrative details, and takes a
new approach to securing investment in product differentiation.
Brands are no longer confined to stickers or labels on goods;
today, the brand stands for the product’s identity, says WIPO.
Creativity and investment goes into the development of brands, and
it is vital for the industry to be able to secure that investment.
According to WIPO, new rules applicable to all types of trade
marks, as contained in the Singapore Treaty, will address those
needs.
The Singapore Treaty also takes into account the advantages and
potential of electronic communication facilities, while recognising
the varying needs of both developing and developed nations.
During negotiations some developing and least developed states
expressed concern about their ability to fully benefit from the
Treaty. These discussions resulted in a firm commitment by
industrialised countries to provide adequate technical assistance
and other forms of support to strengthen the institutional capacity
of those countries to enable them to take full advantage of the
Treaty, says WIPO.
"The Singapore Treaty, as the first international treaty in the
field of intellectual property in the new century, reaffirms the
importance of trade marks, one of the major forms of intellectual
property, in promoting domestic and international trade and in
enhancing enterprise development and consumer confidence," said
WIPO Director General, Dr. Kamil Idris.
Lee Curtis, a trade mark attorney with Pinsent Masons, the law
firm behind OUT-LAW.COM, said: "Although the Treaty will not
radically alter the way in which trade marks are protected across
the globe, it is pleasing to note that WIPO are concentrating on
streamlining trade mark protection procedures, making them easier
and cheaper, so that businesses across the globe can protect one of
their most important assets, their good name."
A copy of the Treaty is not yet available.
