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WIPO杂志,2017年第1期(2月)

2017-08-01 WIPO M.凯
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No. 1 WIPO’s PCT publishes3 millionth internationalpatent application Traditional knowledge:the challenges facinginternational lawmakers Pokémon Go:augmented realitytests IPp. 24 p. 2 p. 12 3D printingand IP law p. 28 Table of Contents 2WIPO’s PCT publishes3 millionth international patent application7Patent protection for software-implemented inventions12Traditional knowledge:the challenges facing international lawmakers19Protecting traditional knowledge:a grassroots perspective24Pokémon Go:augmented reality tests IP283D printing and IP law35In the courtsFletchervDoig: an unusual case of contested authorshipand the merits of alternative dispute resolution39FerMUN 2017:young people debate IP issues UN-style Editor:Catherine Jewell © WIPO, 2017 Attribution 3.0 IGOlicense (CC BY 3.0 IGO) The user is allowed to reproduce, distrib-ute, adapt, translate and publicly performthis publication, including for commercialpurposes, without explicit permission,provided that the content is accompa-nied by an acknowledgement that WIPOis the source and that it is clearly indi-cated if changes were made to the orig-inal content. Adaptation/translation/derivatives shouldnot carry any official emblem or logo,unless they have been approved and val-idated by WIPO. Please contact us viatheWIPO websiteto obtain permission. When content published by WIPO, suchas images, graphics, trademarks orlogos, is attributed to a third party, theuser of such content is solely respon-sible for clearing the rights with theright holder(s). Acknowledgements:2Claus Matthes,Matthew Bryan, PCT Legal and International AffairsDepartment, WIPO7Marco AlemanandTomoko Miyamoto, Patent Law Division, WIPO12 & 19Wend WendlandandSimon Legrand, Traditional Knowledge Division,WIPO24Paolo Lanteri, Copyright Law Division, WIPO28Rafael Ferraz Vazquez, Copyright Law Division, WIPO35Ignacio de Castro LlamasandHeike Wollgast, WIPO Arbitration andMediation Center, WIPO39Michele Woods, Copyright Law Division, andWend Wendland,Traditional Knowledge Division, WIPO To view a copy of this license, please visithttps://creativecommons.org/licenses/by/3.0/igo Cover images:Left to right: Fraunhofer HHI;iStock.com/pinkomelet;iStock.com/KeongDaGreatMain image:National University of Singapore WIPO’s PCT publishes3 millionth internationalpatent application ByCatherine Jewell,Communications Division, WIPO In February 2017, WIPO published the 3 millionth international application under itsPatent Cooperation Treaty (PCT). This milestone in the history of the internationalpatent system and WIPO is yet another indication that, amid a great deal of economicuncertainty, the global knowledge economy is thriving. The 3 millionth internationalapplication published underthe PCT on February 2, 2017,relates to an innovativeteraherz measuring systemknown as a “Vector NetworkAnalyzer” that has practicalapplications in materials testingand components inspection.It was developed by researchersat the Fraunhofer Institutefor Telecommunicationsin Germany. Since the PCT became operational in 1978, it has enjoyed remarkable growth. It took26 years to reach one million international applications in late 2004, but less than12 years to reach the three million mark. Apart from a blip in 2009 – the only year inwhich filings fell – PCT use has grown every year. In 2015, a record 218,000 internationalapplications were filed under the system, with provisional figures for 2016 showinganother year of strong growth. ABOUT THE 3 MILLIONTH PUBLISHED INTERNATIONAL APPLICATION The 3 millionth international application published on February 2, 2017, was filed byGermany’s Fraunhofer Gesellschaft zur Förderung der angewandten Forschung e.V.(Fraunhofer), one of the world’s leading international applied research organizations.Fraunhofer is a major user of the PCT, averaging almost 300 international applicationsunder the PCT over the last five years. The invention described in the application the so-called “Paris route”, all relevant documents andfees are payable on the day a patent application is filedwith a national office. By contrast, PCT users can benefitfrom valuable feedback about the potential patentabilityof their invention before deciding whether to continuepursuing patent protection – and pay the relevant fees –in their chosen PCT countries. This additional time andfeedback creates opportunities for applicants to testthe market for their invention and, if necessary, find newbusiness partners. It also offers national patent offices anumber of advantages, particularly in terms of simplifyingprocedures and streamlining workflow. (WO/2017/017579), developed by the Fraunhofer Institutefor Telecommunications, Heinrich Hertz Institute, HHI,one of Fraunhofer’s 69 institutes across Germany, com-bines Fraunhofer HHI’s expertise in two areas, namelyterahertz radiation, which is a powerful imaging technol-ogy, and high-speed electronic data transmission. Theinvention, known as a “Vector Network Anal