Paris, 26 February 1999
- The commitment of the International Chamber of Commerce to effective protection
of intellectual property goes back to our origins in 1919. That fact alone reflects
the interest of international business in a subject that is vital to commercial
integrity and the mutual confidence that underlies all successful business dealings.
As business operations become more international,
there is a growing need for an internationally coherent system of intellectual
property protection. ICC has always thrown its influence and prestige as the
world business organization behind initiatives to harmonize intellectual property
legislation internationally through our work with the World Intellectual Property
Organization (WIPO) and the World Trade Organization (WTO).
In fact, one of the first actions of ICC during
its early days in the 1920s was to work together with the international bureau
for the Paris Union and the Madrid Agreement (at the time based in Berne) and
with the League of Nations on the 1925 Hague revisions of the Paris Convention
and of the Madrid Agreement. Our aim remains to facilitate the international
registration of trademarks, fully aware of the capital role played by trademarks
in businesses large and small.
In more recent times, ICC viewed the creation of
the Community Trademark System as an important step towards the objective of
a seamless international system of trademark protection, which is becoming essential
in an increasingly integrated global economy. This objective would be furthered
by the integration of the Community Trademark System into the international
system through a link with the Madrid Agreement. ICC hopes that a flexible and
cost-effective link will be established without undue delay.
Today, the focus is turning increasingly to enforcement
as more countries adopt laws to protect intellectual property. ICC is active
here on several fronts, both practical and political.
Our practical contribution is through ICC’s
London-based Counterfeiting Intelligence Bureau, while at political level we
work in partnership with intergovernmental bodies such as the UN Economic Council
for Europe and the World Customs Organization.
With the advent of electronic commerce, it is more
than ever incumbent upon governments, with the wholehearted support of business,
to assure the protection of intellectual property. ICC is well aware that this
poses formidable technological as well as legal challenges, but they are challenges
that have to be met.
Trademarks will continue to be important markers
of trust for consumers in electronic commerce. Because of the clash between
the territorial scope of trademark rights and the global nature of the Internet,
and differences in philosophy, trademark holders continue to face challenges
in using and protecting their trademarks on the Internet.
This is currently seen most clearly in the area
of Internet domain names. ICC is spearheading efforts to communicate the priority
business users of the Internet assign to the system’s stability and the
crucial role of trademarks in ensuring consumer trust.
ICC is also formulating a coherent approach in
different disciplines, including intellectual property, to the issues of jurisdiction,
applicable law and enforcement as these
become acute in the borderless context
of the Internet. Regional trademark systems such as the Community Trademark
are a valuable step towards an international regime that would make it easier
for holders to use and protect their trademarks on the Internet.
We have an excellent working relationship with
OAMI and will continue to support it by passing on news of its progress to ICC
members and by contributing the international business perspective to OAMI’s
work. ICC looks forward to further work with OAMI towards building an efficient
and cost-effective trademark protection system in Europe and throughout the
world.
Commission
on Intellectual and Industrial Property