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this formula would require that a majority could accept
the starting of protection under the Treaty even if the condition for
protection (filing an application for registration or registration)
had not yet taken place.
The freedom of choice of the form of legal protection desired by many
states so far seems to indicate that the solution proposed by the
WIPO Secretariat of three different starting times may be a necessary
compromise.
It should nevertheless be ensured that the duration of protection is
not hypothetical in those countries requiring registration as a
condition for protection. In the light of the discussion on Article 7
it should therefore be borne in mind that Article 8 could also be
drafted in a way defining the start of protection and not only the
minimum duration, for example as follows :
"(1).
Notwithstanding the choice made with respect to Article 7
protection in acccordance with this Treaty shall start at least
on the earlier of the following dates :
-
first commercial exploitation somewhere in the world
the filing of an application for registration in due form.
It shall last for at least 10 years from its starting date."
If a compromise as regards the duration of protection is needed, the
possibility of allowing for a transitional period for developing
countries could be explored.
Alternative (N) does not seem to provide, at least in its version (N1)
an attractive compromise. On the other hand, (N2) would give 10 years
of guaranteed protection, but with the disadvantage that it is not
clear who will decide on the commercial value : would a request by
the holder of the right be sufficient, or would the competent
No comments yet.
Private notes are available after approval.