介绍世界知识产权组织研究手册-世界知识产权组织50年

S. Ricketson
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引用次数: 0

摘要

周年纪念提供了一个很好的机会,可以停下来反思过去发生的事情,也可以推测未来可能发生的事情。就世界知识产权组织(WIPO)而言,2020年4月26日是一个重要的周年纪念日,即《1967年WIPO公约》生效之日和WIPO正式成立之日50周年。本卷的目的是提供一系列关于机构生活的前半个世纪的批判性观点,并引发关于WIPO进入第二个世纪时可能走向何方的讨论。这绝不是对1970-2020年WIPO历史的全面描述:这是一项有待他人完成的艰巨任务,未来的历史学家需要对堆积如山的文件和其他材料进行详细筛选和审查。相反,本文提供的观点是高度个性化的,侧重于WIPO及其活动的特定方面,反映了在知识产权法和政策制定方面具有广泛专业知识的贡献者的各种个人经验和与该组织的互动。有些撰稿人曾在不同阶段在WIPO内部工作,对WIPO有近距离的了解;其他国家虽然是严格意义上的局外人,但通常代表各自政府,与该组织及其项目和治理有着长期接触的历史;另一些国家则在不同时期密切参与了知识产权组织的具体倡议,并将继续这样做。然而,所有撰稿人都在其所撰写的知识产权特定领域拥有长期的国家和国际经验,并在评估WIPO在这些领域的作用和影响时运用了这些知识和经验。鉴于本卷的开头警告,即本卷并不打算涵盖和审查WIPO在其成立的头50年中广泛的计划和活动的每一个方面,我希望在主题方面有一个进展,希望能吸引希望更多地了解这个迷人组织的读者。因此,在第一章中,我试图描述WIPO的起源,并简要描述其成立的步骤。在这篇文章中,我与吉莉安·戴维斯(Gillian Davies)共同撰写了这篇文章,她是最初的“内部人士”之一。吉莉安随后在知识产权法领域(在IFPI、EPO和英国律师事务所工作)有着杰出的职业生涯,她曾在WIPO的前身——联合国际局(BIRPI)任职,并密切参与了最终导致WIPO公约在1967年斯德哥尔摩修订会议上获得通过的谈判。作为一名年轻的律师,她与乔治·博登豪森和阿帕德·博格希密切合作,他们先后成为世界上第一个和第一个律师
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Introduction to the Research Handbook on the World Intellectual Property Organization – 50 years of the World Intellectual Property Organization
Anniversaries provide good opportunities to stop and reflect on what has occurred in the past, as well as speculating on what may happen in the future. In the case of the World Intellectual Property Organization (WIPO), a significant anniversary occurred on 26 April 2020, which was 50 years from the date on which the WIPO Convention 1967 came into force and the date on which WIPO officially came into existence. The aim of the present volume is to provide a series of critical perspectives on this first half century of institutional life and to provoke discussion on where WIPO may be heading as it enters its second. This is by no means a comprehensive account or history of WIPO in the years 1970–2020: this is a huge task that remains to be done by others and there is a mountain of documentation and other material available to be sifted and examined in detail by future historians. Rather, the perspectives offered here are highly individual and are focused on particular aspects of WIPO and its activities, reflecting a variety of personal experiences and interactions with the organization by contributors with extensive expertise in intellectual property law and policy making. Some of the contributors have worked within WIPO at different stages and have known it at close quarters; others, while strictly outsiders, have had a long history of engagement with the organization and its programmes and governance, often on behalf of their respective governments; others again have been closely involved at different times with particular WIPO initiatives and continue to be so. All contributors, however, have had long experience with the particular areas of IP on which they have written, both at the national and international levels, and bring this knowledge and experience to bear in their assessments of WIPO’s role and impact in these areas. Given the opening caveat that this volume does not purport to cover and examine every aspect of WIPO’s wide range of programmes and activities during its first 50 years, there is a progression in themes that I hope will engage the reader who wishes to learn more about this fascinating organization. Thus, in Chapter 1, I seek to describe the origins of WIPO and to describe briefly the steps by which it came into existence. In this, I have been joined as co-author by Gillian Davies, who was one of the original ‘insiders’. Gillian, who has had a distinguished subsequent career in IP law (with IFPI, the EPO and at the English Bar) served in the United International Bureaux (BIRPI), the predecessor of WIPO, and was closely involved with the negotiations that led ultimately to the adoption of the WIPO Convention at the Stockholm Revision Conference in 1967. As a young lawyer, she worked closely with Georg Bodenhausen and Arpad Bogsch, who successively became the first and
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Introduction to the Research Handbook on the World Intellectual Property Organization – 50 years of the World Intellectual Property Organization Making a place for place-based IP: WIPO and geographical indications WIPOs role in procedural and substantive patent law harmonization
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