Preparatory Committee of the Diplomatic Conference for the Adoption of a Design Law Treaty (DLT)

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E DLT/PM/3 ORIGINAL: ENGLISH DATE: FEBRUARY 29, 2016 Preparatory Committee of the Diplomatic Conference for the Adoption of a Design Law Treaty (DLT) Geneva, April 28 and 29, 2016 LIST OF INVITEES TO THE DIPLOMATIC CONFERENCE AND THE TEXTS OF THE DRAFT LETTERS OF INVITATION prepared by the Secretariat

page 2 1. Member Delegations: It is proposed that the Member States of WIPO be invited to the Diplomatic Conference as Member Delegations, that is, with the right to vote (see the draft Rules of Procedure of the Diplomatic Conference in document DLT/PM/2 ( draft Rules of Procedure ), Rule 2(1)(i)). The list of those States and the draft of the invitation to be addressed to them are attached (Annex I). 2. Special Delegation: It is proposed that the African Intellectual Property Organization (OAPI), the African Regional Intellectual Property Organization (ARIPO), the Benelux Organization for Intellectual Property (BOIP), and the European Union (EU) be invited to the Diplomatic Conference as Special Delegations, that is, with the same status as Member Delegations, except that those delegations could not be members of the Credentials Committee and would not have the right to vote (see draft Rules of Procedure, Rules 2(1)(ii), 11(2) and 33(2) and (3)). The proposal to confer the status of special delegation to those intergovernmental organizations is due to the fact that they have competence for the registration of industrial designs. The draft of the invitations to be addressed to ARIPO, BOIP, EU and OAPI is attached (Annex II). 3. Observer Delegations: It is proposed that the States members of the United Nations which are not members of WIPO be invited to the Diplomatic Conference as Observer Delegations, that is, inter alia, without the right to vote (see draft Rules of Procedure, Rule 2(1)(iii)). The list of those States and the draft of the invitation to be addressed to them are attached (Annex III). 4. Observers: It is proposed that Palestine, intergovernmental organizations other than those referred to in paragraph 2, and non-governmental organizations be invited to the Diplomatic Conference as Observers (see draft Rules of Procedure, Rule 2(1)(iv)). The draft of the invitation to be addressed to Palestine is attached (Annex IV) and the lists of organizations and the draft of the invitation to be addressed to them are attached (Annex V). As far as the non-governmental organizations are concerned, the list comprises those organizations which have participated in the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT), as well as organizations which have permanent observer status in WIPO. The Preparatory Meeting may suggest other non-governmental organizations to be invited to the Diplomatic Conference. 5. The Preparatory Committee is invited to approve these proposals. [Annexes follow]

ANNEX I LIST OF STATES PROPOSED TO BE INVITED AS MEMBER DELEGATIONS (THAT IS, THE STATES MEMBERS OF WIPO) Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cabo Verde, Cambodia, Cameroon, Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d'ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kiribati, Kyrgyzstan, Lao People s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Uzbekistan, Vanuatu, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe (188).

Annex I, page 2 DRAFT OF THE INVITATION PROPOSED TO BE ADDRESSED TO EACH MEMBER DELEGATION The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to invite Her/His Excellency s Government to be represented as a Member Delegation at the Diplomatic Conference for the Adoption of a Design Law Treaty (DLT). The Diplomatic Conference will take place in [city/country], at the [venue], from [dates], and will open at 10 a.m. on the first day. In order to facilitate the registration process of participants, an online registration system has been put in place. It would therefore be appreciated if the representatives of Her/His Excellency s Government could register online by (date) at: (url) The draft Basic Proposal is also enclosed with this Note. Her/His Excellency s attention is drawn to the fact that the representatives of Her/His Excellency s Government will need to be provided with credentials, and, for signing the Design Law Treaty, with full powers (see Rule 6 of the draft Rules of Procedure of the Diplomatic Conference, document DLT/PM/2). The said full powers should be signed by the Head of State, the Head of Government or the Minister for Foreign Affairs. It would be appreciated if the names and titles of the representatives of Her/His Excellency s Government could be communicated to the Director General of WIPO by. [Annex II follows]

ANNEX II DRAFT OF THE INVITATION PROPOSED TO BE ADDRESSED TO ARIPO, BOIP, EU AND OAPI Dear President [.], I have the pleasure to invite the [ARIPO, BOIP, EU, OAPI] to be represented as a Special Delegation at the Diplomatic Conference for the Adoption of a Design Law Treaty. The Diplomatic Conference will take place in [city/country], at the [venue], from [dates], and will open at 10 a.m. on the first day. In order to facilitate the registration process of participants, an online registration system has been put in place. It would therefore be appreciated if the representatives of the [ARIPO, BOIP, EU, OAPI] could register online by (date) at: (url). The draft Basic Proposal is also enclosed with this Note. The Delegation of the [ARIPO, BOIP, EU, OAPI] will need to be provided with credentials (see Rule 6 of the draft Rules of Procedure of the Diplomatic Conference, document DLT/PM/2). The question of whether the [ARIPO, BOIP, EU, OAPI] may become party to the WIPO Design Law Treaty will be answered by the WIPO Design Law Treaty itself, the adoption of which is expected to take place towards the end of the Conference: if the answer is in the affirmative and the Delegation of the [ARIPO, BOIP, EU, OAPI] wishes to sign the WIPO Design Law Treaty, it will need full powers. I would appreciate it if the names and titles of the persons who will represent the [ARIPO, BOIP, EU, OAPI] could be communicated to me by. Yours sincerely, Francis Gurry, Director General [Annex III follows]

ANNEX III LIST OF STATES PROPOSED TO BE INVITED AS OBSERVER DELEGATIONS (THAT IS, THE STATES MEMBERS OF THE UNITED NATIONS WHICH ARE NOT MEMBERS OF WIPO) Marshall Islands, Micronesia (Federated States of), Nauru, Palau, Solomon Islands, South Sudan, Timor Leste (7). DRAFT OF THE INVITATION PROPOSED TO BE ADDRESSED TO EACH OBSERVER DELEGATION The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to invite Her/His Excellency s Government to be represented as an Observer Delegation at the Diplomatic Conference for the Adoption of a Design Law Treaty (DLT). The Diplomatic Conference will take place in [city/country], at [venue], from [dates], and will open at 10 a.m. on the first day. In order to facilitate the registration process for participants, an online registration system has been put in place. It would therefore be appreciated if the representatives of Her/His Excellency s Government could register online by (date) at: (url) The draft Basic Proposal is also enclosed with this Note. Her/His Excellency s attention is drawn to the fact that the representatives of Her/His Excellency s Government will need to be provided with credentials. It would be appreciated if the names and titles of the representatives of Her/His Excellency s Government could be communicated to the Director General of WIPO by. [Annex IV follows]

ANNEX IV DRAFT OF THE INVITATION PROPOSED TO BE ADDRESSED TO PALESTINE The International Bureau of the World Intellectual Property Organization (WIPO) presents its compliments to the Permanent Observer Mission of Palestine to the United Nations Office at Geneva and has the honor to invite Palestine to be represented as an observer at the Diplomatic Conference for the Adoption of a Design Law Treaty (DLT). The Diplomatic Conference will take place in [city/country], [venue], from, and will open at 10 a.m. on the first day. In order to facilitate the registration process of participants, an online registration system has been put in place. It would therefore be appreciated if the representatives of Palestine could register online by (date) at : (url) The draft Basic Proposal is also enclosed with this Note. Attention is drawn to the fact that the representatives of Palestine will need to be provided with letters of appointment (see Rule 7 of the draft Rules of Procedure of the Diplomatic Conference, document DLT/PM/2). It would be appreciated if the name(s) and title(s) of the persons who will represent Palestine could be communicated to the International Bureau by. [Annex V follows]

ANNEX V LIST OF INTERGOVERNMENTAL ORGANIZATIONS PROPOSED TO BE INVITED AS OBSERVERS All intergovernmental organizations which have permanent observer status in WIPO. LIST OF NON-GOVERNMENTAL ORGANIZATIONS PROPOSED TO BE INVITED AS OBSERVERS All non-governmental organizations which have permanent observer status in WIPO; Non-governmental organizations which have participated in the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT): American Bar Association (ABA) Brazilian Intellectual Property Association (ABPI) Bureau of European Design Associations (BEDA) China Trademark Association (CTA) Internet Corporation for Assigned Names and Numbers (ICANN) Japan Trademark Association (JTA) and such other intergovernmental or non-governmental organizations as the Director General may invite.

Annex V, page 2 DRAFT OF THE INVITATION PROPOSED TO BE ADDRESSED TO EACH OBSERVER ORGANIZATION Madam, Sir, I have the pleasure to invite your Organization to be represented in an observer capacity at the Diplomatic Conference for the Adoption of a Design Law Treaty (DLT). The Diplomatic Conference will take place in [city/country], [venue], from, and will open at 10 a.m. on the first day. In order to facilitate the registration process of participants, an online registration system has been put in place. It would therefore be appreciated if the representatives of your Organization could register online by (date) at: (url) Your attention is drawn to the fact that your representatives will need to be provided with letters of appointment (see Rule 7 of the draft Rules of Procedure of the Diplomatic Conference, document DLT/PM/2). The said letters of appointment should be signed by the Executive Head of your Organization. I would appreciate it if the names and titles of the persons who will represent your Organization could be communicated to me by. Yours sincerely, Francis Gurry Director General [End of Annex V and of document]