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W I PO
WORLD
INTELL EC T UAL PROPERTY
ORGANIZA- ON
DIRECTORATE GENERAL OF
INTELLECTUAL PROPERTY R IGHTS
OF INOONESIA
COOPERATION AGREEMENT
BETWEEN THE DIRECTORATE GENERAL OF INTELLECTUAL
PROPERTY RIGHTS OF INDONESIA
AND
THE WORLD INTELLECTUAL PROPERTY ORGANIZATION
FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY OFFICE
BUSINESS SERVICES
The World Intellectual Property Organization (hereinafter referred to as "WIPO") having its
headquarters in Geneva, Switzerland, and the Directorate General of Intellectual Property
Rights (hereinafter referred to as "the Office"). located in Tangerang, Indonesia (hereinafter
referred to as the "Parties"),
Recognizing the desire of the Office to cooperate with WIPO for providing efficient and effective
services of intellectual property (hereinafter referred to as "IP") rights registration and related
services in support of the economic and social development of Indonesia;
Considering that strengthening cooperation between the Parties through the exchange of IP
information (in particular, industrial property information) will be mutually beneficial and give
impetus to technological and economic development at the national and the international level;
n
r .. t
•
Desiring to promote cooperation between WIPO and the Office in the furtherance of the
common goal to develop global IP infrastructure. including global IP databases (in particular,
industrial property databases) as public information goods to be accessible for promoting
innovation and creativity;
Considering that partnership between the Parties can substantially increase awareness of the
importance of IP office business services with a view to contributing to national economic and
technical development;
Taking into account the Memorandum of Understanding between the Directorate General of
Intellectual Property Rights of the Ministry of Law and Human Rights of the Republic of
Indonesia and the World Intellectual Property Organization, signed on 30 December 2009;
Have agreed to enter into a Cooperation Agreement (hereinafter referred to as "the
Agreement"), as follows:
I.
INITIATION OF THE PROJECT
Both parties agree to make an inclusive assessment of the Office's needs for modernization of
its IP business services with a view to preparing a detailed assessment report and
216
recommendations on the basis of a preliminary finding and information provided by the Office to
WIPO. Both Parties agree that the initiation of a project to improve business services should be
based on the understanding that the Office intends to make available the resources to
implement the recommendations to be made by WIPO with full support from the Government of
Indonesia in order to share resources, responsiblities and work between the Parties.
II.
TECHNICAL CONSULTANCY SERVICES
WIPO agrees to provide the Office with necessary technical consultation services in preparing
automation strategic plans, project scoping, project and implementation costs, simplification of
business procedures and technical advice and guidance, to assist the Office in delivering
consistent, appropriate and high-quality IP business services. The Parties shall separately
agree in writing on specifications and other details pertaining to the exact nature of the technical
assistance program.
Ill.
TECHNOLOGIES TO BE USED AND INTERNATIONAL STANDARDS
In principle, in view of promoting interoperable and internationally compatible tools and facilities
in developing global IP infrastructure, WIPO uses technologies that are in line with WIPO and
industry de facto standards.
IV.
DIGITIZATION PROJECTS
WIPO agrees to provide the Office, upon its request and resources permitting, with assistance
in scanning, indexing , formatting and with OCR (Optical Character Recognition) of its industrial
property data to enable the Office to provide value-added information services to its
stakeholders. The Parties shall separately agree in writing on specifications and other details
pertaining to the exact nature of the technical assistance program. Upon request, WIPO will
make available the WIPOScan Software and the user-manual thereof to the Office to facilitate
the digitization projects, subject to the terms and conditions attached in Annex II, which may be
modified and amended by WIPO from time to time and communicated to the Office.
The data created as a result of the digitization projects, including full-text data created by WIPO
using the OCR software, shall remain the property of the Office and shall be made available to
WIPO on the terms and conditions specified in Article VI.
V.
IP BUSINESS ADMINISTRATION PROJECTS
WIPO agrees to provide the Office, upon its request and resources permitting, with assistance
in automation of its administrative procedures for processing of IP applications, so that the
Office can provide effective and efficient services to its stakeholders. The Parties shall
separately agree in writing on specifications and other details pertaining to the exact nature of
the technical assistance program. Upon request, WIPO will provide to the Office software
products and platforms, customization and implementation services, and related documentation,
316
subject to the terms and conditions attached in Annex II, which may be modified and amended
by WIPO from time to time and communicated to the Office.
VI.
1.
EXCHANGE OF INDUSTRIAL PROPERTY INFORMATION AND STATISTICS
The Office will provide WIPO with the following information free of charge:
(a) data of published national patents and patent applications filed with the Office
including all available back-file data ("National patent applications") as well as the legal
status data to the extent available; and/or
(b) data pertaining to Patent Cooperation Treaty (PCT) applications, entering the
national phase and filed with the Office ("the PCT national phase applications") and to the
extent possible, the translations into the national language of PCT international
applications, as foreseen in Rule 95 of the PCT Regulations; and/or
(c) data pertaining to national trademarks registered at the Office including all available
back-file data as well as the legal status data to the extent available; and/or
(d) data pertaining to the published industrial design applications filed with the Office
including all available back-file data as well as the legal status data to the extent available;
and/or
(e) data pertaining to the Office's industrial property statistical information, where
available, in the prescribed format specified in the WIPO IP Statistics Data Collection
website , and copies of national legislation, for the purpose of supporting WIPO's global
reference projects.
The aforesaid information shall be provided by electronic transmission in a mutually acceptable
format, so that industrial property information and statistics can easily be accessible in the
public domain through WIPO's online search services by information users in the Office and
elsewhere.
(f)
The Parties shall separately agree in writing on specifications and other details
pertaining to the information to be exchanged.
(g) The provision by the Office of data under Article VI Paragraph 1 (as the case may
be} shall be on such terms that will allow WIPO to reformat or reproduce the said data so
that such data is compatible for inclusion and use in connection with the functioning and
operation of WIPO's online search services and related information services for the public
such as development of language tools, industrial property information analysis reports,
statistics. etc. The data provided by the Office may also be included in WIPO's online
search premium service for fee-based subscribers on the condition that the fees will be
used to recover part of the maintenance and development cost of WIPO's service for the
public.
416
{h) If the Office so requests, and subject to agreement between the Office and WIPO on
the specific terms and conditions, including financial terms, WIPO may redistribute the
information referred to in Article VI Paragraph 1 (a) to (e) to third parties for the promotion
of global access to the information. WIPO shall not, without prior written agreement from
the Office, redistribute or sell the said data to any other party.
(i)
In return for data referred to in Article VI (a), and subject to WIPO's standard terms
and conditions
(http://www.wipo.int/patentscope/en/data/national phase/procedures.html),
WIPO will provide the Office, free of charge, with access to any PCT Data Products and
Services, including bibliographic data and full text searchable data in XML format, for all
published PCT international applications, and any added-value services that may be
created in the future and which would normally be restricted to fee-paying subscribers, so
that the Office can provide direct PCT search services internally and through the Office's
website, or any other means, to the general public.
U)
WIPO will also allow the Office to reformat, reproduce, and/or redistribute the
published PCT international patent application data, with the exception of PCT full-text
data. WIPO does not allow the Office to redistribute the complete collection of PCT fulltext data.
(k) Subject to the terms and conditions agreed by both Parties, WIPO will also provide
the Office with free access to WIPO's online search services of trademarks and industrial
designs of national and international registrations, which WIPO will shortly start to
develop.
(I)
The Parties shall not be bound to carry out the provisions of this Article VI until and
unless such mutually acceptable systems and platforms have been established and
implemented. Notwithstanding anything to the contrary, the Parties· obligations under this
Article VI to send, receive and exchange information and data shall be contingent upon
the establishment of mutually acceptable formats, systems and platforms to facilitate such
sending, receipt and exchange of information.
VII. ASSISTANCE IN OFFICE CAPACITY BUILDING
WIPO will arrange, upon request of the Office and resources permitting, training and capacity
building for end users and management as well as knowledge transfer to local technical
personnel. This training will facilitate the transition from manual to automated business
processes and will provide an opportunity to build sufficient capacity to sustain the benefits of
modernization.
VIII. PROVISION OF COMPUTER EQUIPMENT
Upon request and subject to appropriate authorization, as the case may be, WIPO shall provide,
in appropriate cases and as permitted by the allocation of financial resources, the minimum
516
computer equipment that assists the Office in building technical infrastructure for modernization.
However, W IPO is not in a position to bear the cost of long-term operation and maintenance of
the technical infrastructure, including the equipment deployed. The equipment will be provided
according to conditions specified in Annex II.
IX. MODIFICATION
Except for the terms and conditions attached in Annex I and II, the Agreement and any other
agreement referred to herein may be modified by mutual consent of the Parties, expressed in
writing and formalized through an exchange of letters specifying the date of entry into force of
the modification concerned.
X.
ENTRY INTO FORCE, DURATION AND TERMINATION OF THE AGREEMENT
The Agreement will become effective upon signature by the Parties. The duration of the
Agreement is not limited. Either Party may terminate the Agreement, subject to six months
written notice. If one of the Parties decides to terminate the Agreement, obligations previously
entered into in relation to projects being implemented under it shall not be affected thereby.
This termination shall also apply to any other agreement agreed by the Parties and derived from
the Agreement and to any license granted by WIPO to the Office herein or under the Annexes of
the Agreement. WIPO will discontinue supporting any software provided by WIPO to the Office
according to the Agreement and/or any of its Annexes. All its maintenance and administration
will then become solely the responsibility of the Office.
XI. PRIVILEGES AND IMMUNITIES
Nothing in or relating to this Agreement shall be deemed a waiver of any of the privileges and
immunities of W IPO in conformity with the Convention on the Privileges and Immunities of the
Specialized Agencies approved by the General Assembly of the United Nations, on
November 21 , 1947, and with the provisions of the Agreement between the Swiss Federal
Council and WIPO to determine the organization's juridical status in Switzerland of December 9,
1970, and of the Implementation Arrangement of the same date related thereto.
616
XII. SETILEMENT OF DISPUTES
Any dispute, controversy or claim arising out of or relating to this Agreement shall be resolved
by negotiation in good faith between the parties.
IN WITNESS WHEREOF, the undersigned have signed this Agreement.
Done in duplicate, in English,
For the World Intellectual
Property Organization
(WIPO)
Mr. Francis Gurry
Director General
Geneva, .. a.\ .--Ju
[Annexes follow)
1/3
ANNEX I: TERMS AND CONDITIONS FOR THE USE OF WIPO SOFTWARE FOR IP OFFICE
BUSINESS SERVICES
I.
DEFINITIONS • IN THE CONTEXT OF THESE TERMS AND CONDITIONS
"The Software" shall mean the software provided by WIPO to enhance IP Office business services.
The Software may include WIPOScan Software, WIPO Industrial Property Automation System
{IPAS) Software and/or related IP business software. WIPOScan Software refers to the software
for scanning, indexing, and formatting of industrial property data to support the digitization of paper
documents in IP Offices. WIPO IPAS Software refers to the software for the administration of
industrial property business processes in IP Offices;
"The Office" shall mean the Industrial Property Office of any WIPO Member State, or the regional
office of a group of WIPO Member States, which is willing to use the WIPO software for IP Office
business services to improve the management of internal business processes and maximize the IP
service delivery to its stakeholders.
II.
GRANT OF RIGHTS
WIPO grants the Office the right to use the Software for IP service delivery under the conditions
described herein and within the framework of the "fair use" policy outlined in section 4. The
intended purpose of this right is to meet increasing demands from many IP Offices for their efficient
and effective business services. Unless otherwise provided for in these Terms and Conditions, the
Office shall have a worldwide, non-sublicense, non-transferable and non-exclusive right to use the
Software as stated below;
(a)
The Office may use the original version of the Software in its own applications;
(b) Any components or modules developed by the Office and linked into the Software shall
not be considered part of the Software and will not be subject to these Terms and
Conditions.
(c) The Office may have its operation of the Software carried out through a subcontractor,
the subcontractor, however, shall obtain no rights whatsoever to the Software.
Any use other than the above-mentioned uses shall be subject to prior written agreement on the
terms and conditions. In particular, the Office may not redistribute the software or any derived
products to third parties without prior written agreement between WIPO and the Office.
Ill.
MODIFICATION
Subject to prior consent of WIPO, the Office may modify the Software in any way to create its
application systems, provided that the Office meet the following conditions and inserts a prominent
notice stating how, when and whether the Office changed the software:
213
(a) The copyright notice and disclaimer on the Software must be reproduced and included
in the source code, documentation , and/or other materials provided in a manner in which
such notices are normally distributed.
(b) The derivative work must be clearly identified as such, in order that it may not be
confused with the original Software.
WIPO will not be liable, in any respect, for any such modifications or any errors, losses or damage
resulting from such modifications.
IV. FAIR USE
Nothing in these Terms and Conditions is intended to reduce, limit, or restrict any rights arising
from fair use, fair dealing, other limitations on the exclusive rights of the copyright owner under
copyright law or other applicable laws.
V.
OWNERSHIP
Ownership and title in the original and modified Software are and shall at all times remain with
WIPO. The Office shall not acquire directly, indirectly or by implication any title, copyright or
ownership in the Software or any parts thereof. This Article will not apply to the components and
modules developed by the Office and linked to the Software.
VI.
RESPONSIBILITY
Responsibility for the successful deployment and use of the Software remains with the Office.
WI PO is responsible for the training of the Office staff to enable them to manage, operate, and
benefit from the Software, upon the Office's request. The Office will receive technical assistance
and/or general consultation with regard to the deployment, customization and effective use of the
Software. W IPO will take all reasonable steps to transfer the technical knowledge embedded in
the Software that can be directly attributable to best performance of the system. As they become
available, WIPO will provide new versions, updates and/or enhancements to current versions of
the Software. However, WIPO bears no responsibilities with respect to the maintenance and
support of the Software for the purpose of office use after a reasonable time period. The Office
shall be responsible for maintenance and support of the systems derived from the Software.
Equipment and software compatibility shall be the Office's sole responsibility.
VII.
INTELLECTUAL PROPERTY RIGHTS
The Office acknowledges and recognizes the ownership, title and other rights of WIPO in and to
any and all copyright and other intellectual and industrial property rights ("Rights") in relation to the
Software, and all such Rights shall at all times be and remain the sole property of WIPO. The
Office shall not do or permit to be done any act that is or is likely to constitute an infringement of
313
the Rights, or will likely jeopardize or offend the ownership, right and title of WIPO in and to the
Rights. Notwithstanding anything to the contrary, WIPO does not make any warranty, express or
implied, that the Software, or any part thereof, does not affect or violate any patent, trademark,
copyright, trade secret, or other proprietary right of any third party.
VIII. LIABILITY AND FORCE MAJEURE
WIPO shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or
exemplary damages or penalties to the Office, including , but not limited to, losses of business,
revenue or profits, as a consequence of using any of the modules in the Software. WIPO shall not
be liable or deemed to be in default for any delays or failure in performance or interruption of
service resulting directly or indirectly from any cause or circumstance beyond its reasonable
control.
IX. ACKNOWLEDGMENT AND DISCLAIMERS
The Office shall identify WIPO as the source of the Software. However, any such identification
shall include the following (first) disclaimer: 'The Software herein is provided by the World
Intellectual Property Organization {WIPO) on an "as-is, where-is" basis, and WIPO does not
represent, warrant, or otherwise guarantee, expressly or impliedly, the merchantability, frtness for a
particular purpose, suitability, integrity, accuracy, reliability, or completeness of the said software or
any information disclosed or described or contained in the said software. WIPO expressly
disclaims liability for any loss, damage, or injury directly or indirectly suffered or incurred as a result
of or related to anyone using or relying on the said software or any information disclosed or
described or contained in the said software."
X.
USE OF LOGO
The Office shall not have the right to use any W IPO logo(s) or trademark(s) unless specifically
authorized by WIPO in writing and shall be subject to such conditions of use as may be agreed by
the Office and WIPO.
XI. REVISIONS
WIPO reserves the right to revise these Terms and Conditions at any time. Any revised Terms and
Conditions will be posted on W IPO's website. Revisions shall take effect immediately following
posting of the new Terms and Conditions.
XII. FINAL AGREEMENT (WHERE APPLICABLE)
These Terms and Conditions (and any revisions) constitutes the entire understanding between
WIPO and the Office regarding the use of the Software.
[Annex II follows)
111
ANNEX II : TERMS AND CONDITIONS FOR THE USE OF IT HARDWARE/SOFTWARE
PURCHASED BY WIPO FOR IPOS
Following an in-depth needs assessment of the Office's needs and depending on availability of
funds, WIPO may agree to purchase IT hardware/software for Industrial Property Offices {IPOs)
with which it has entered into a Cooperation Agreement, for use within the context of the IPOs
modernization plan. WIPO would furnish the hardware/software in accordance with the
following terms and conditions:
1.
Upon receipt and after having confirmed it is in accordance with the specifications
provided by WIPO, the IPO will own the hardware/software and will assume all responsibility for
it including , but not limited to, maintenance, repair, replacement and disposal. WIPO shall claim
no responsibility, direct or indirect, for the maintenance and/or support of the hardware/software.
All related costs, including the costs of license renewals, will be borne by the IPO.
2.
The hardware/software purchased by WIPO is intended for use within the framework of
the Infrastructure Modernization Plan established between WIPO and the IPO and should not
be used outside this context.
3.
The hardware/software warranty will be covered directly by the supplier as outlined in the
standard warranty supplied with the hardware/software. The IPO should make sure that
warranty documentation is available with the supplied hardware/software at the time of the
delivery.
4.
The IPO should ensure, to the maximum extent possible, that the hardware/software will
be hosted in an adequate working environment to maximize its operation. This may include,
among other elements, securing stable power supply, adequate premise temperatures and
general safety conditions.
5.
WIPO shall claim also no responsibility for any damages that may take place as result of
the use of the hardware/software.
6.
The IPO shall be solely responsible for the security of the data manipulated using the
hardware/software provided by WIPO and for establishing necessary measures to protect all of
its digital assets against theft and misuse.
[End of Annex II and of Agreement]
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W I PO
WORLD
INTELL EC T UAL PROPERTY
ORGANIZA- ON
DIRECTORATE GENERAL OF
INTELLECTUAL PROPERTY R IGHTS
OF INOONESIA
COOPERATION AGREEMENT
BETWEEN THE DIRECTORATE GENERAL OF INTELLECTUAL
PROPERTY RIGHTS OF INDONESIA
AND
THE WORLD INTELLECTUAL PROPERTY ORGANIZATION
FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY OFFICE
BUSINESS SERVICES
The World Intellectual Property Organization (hereinafter referred to as "WIPO") having its
headquarters in Geneva, Switzerland, and the Directorate General of Intellectual Property
Rights (hereinafter referred to as "the Office"). located in Tangerang, Indonesia (hereinafter
referred to as the "Parties"),
Recognizing the desire of the Office to cooperate with WIPO for providing efficient and effective
services of intellectual property (hereinafter referred to as "IP") rights registration and related
services in support of the economic and social development of Indonesia;
Considering that strengthening cooperation between the Parties through the exchange of IP
information (in particular, industrial property information) will be mutually beneficial and give
impetus to technological and economic development at the national and the international level;
n
r .. t
•
Desiring to promote cooperation between WIPO and the Office in the furtherance of the
common goal to develop global IP infrastructure. including global IP databases (in particular,
industrial property databases) as public information goods to be accessible for promoting
innovation and creativity;
Considering that partnership between the Parties can substantially increase awareness of the
importance of IP office business services with a view to contributing to national economic and
technical development;
Taking into account the Memorandum of Understanding between the Directorate General of
Intellectual Property Rights of the Ministry of Law and Human Rights of the Republic of
Indonesia and the World Intellectual Property Organization, signed on 30 December 2009;
Have agreed to enter into a Cooperation Agreement (hereinafter referred to as "the
Agreement"), as follows:
I.
INITIATION OF THE PROJECT
Both parties agree to make an inclusive assessment of the Office's needs for modernization of
its IP business services with a view to preparing a detailed assessment report and
216
recommendations on the basis of a preliminary finding and information provided by the Office to
WIPO. Both Parties agree that the initiation of a project to improve business services should be
based on the understanding that the Office intends to make available the resources to
implement the recommendations to be made by WIPO with full support from the Government of
Indonesia in order to share resources, responsiblities and work between the Parties.
II.
TECHNICAL CONSULTANCY SERVICES
WIPO agrees to provide the Office with necessary technical consultation services in preparing
automation strategic plans, project scoping, project and implementation costs, simplification of
business procedures and technical advice and guidance, to assist the Office in delivering
consistent, appropriate and high-quality IP business services. The Parties shall separately
agree in writing on specifications and other details pertaining to the exact nature of the technical
assistance program.
Ill.
TECHNOLOGIES TO BE USED AND INTERNATIONAL STANDARDS
In principle, in view of promoting interoperable and internationally compatible tools and facilities
in developing global IP infrastructure, WIPO uses technologies that are in line with WIPO and
industry de facto standards.
IV.
DIGITIZATION PROJECTS
WIPO agrees to provide the Office, upon its request and resources permitting, with assistance
in scanning, indexing , formatting and with OCR (Optical Character Recognition) of its industrial
property data to enable the Office to provide value-added information services to its
stakeholders. The Parties shall separately agree in writing on specifications and other details
pertaining to the exact nature of the technical assistance program. Upon request, WIPO will
make available the WIPOScan Software and the user-manual thereof to the Office to facilitate
the digitization projects, subject to the terms and conditions attached in Annex II, which may be
modified and amended by WIPO from time to time and communicated to the Office.
The data created as a result of the digitization projects, including full-text data created by WIPO
using the OCR software, shall remain the property of the Office and shall be made available to
WIPO on the terms and conditions specified in Article VI.
V.
IP BUSINESS ADMINISTRATION PROJECTS
WIPO agrees to provide the Office, upon its request and resources permitting, with assistance
in automation of its administrative procedures for processing of IP applications, so that the
Office can provide effective and efficient services to its stakeholders. The Parties shall
separately agree in writing on specifications and other details pertaining to the exact nature of
the technical assistance program. Upon request, WIPO will provide to the Office software
products and platforms, customization and implementation services, and related documentation,
316
subject to the terms and conditions attached in Annex II, which may be modified and amended
by WIPO from time to time and communicated to the Office.
VI.
1.
EXCHANGE OF INDUSTRIAL PROPERTY INFORMATION AND STATISTICS
The Office will provide WIPO with the following information free of charge:
(a) data of published national patents and patent applications filed with the Office
including all available back-file data ("National patent applications") as well as the legal
status data to the extent available; and/or
(b) data pertaining to Patent Cooperation Treaty (PCT) applications, entering the
national phase and filed with the Office ("the PCT national phase applications") and to the
extent possible, the translations into the national language of PCT international
applications, as foreseen in Rule 95 of the PCT Regulations; and/or
(c) data pertaining to national trademarks registered at the Office including all available
back-file data as well as the legal status data to the extent available; and/or
(d) data pertaining to the published industrial design applications filed with the Office
including all available back-file data as well as the legal status data to the extent available;
and/or
(e) data pertaining to the Office's industrial property statistical information, where
available, in the prescribed format specified in the WIPO IP Statistics Data Collection
website , and copies of national legislation, for the purpose of supporting WIPO's global
reference projects.
The aforesaid information shall be provided by electronic transmission in a mutually acceptable
format, so that industrial property information and statistics can easily be accessible in the
public domain through WIPO's online search services by information users in the Office and
elsewhere.
(f)
The Parties shall separately agree in writing on specifications and other details
pertaining to the information to be exchanged.
(g) The provision by the Office of data under Article VI Paragraph 1 (as the case may
be} shall be on such terms that will allow WIPO to reformat or reproduce the said data so
that such data is compatible for inclusion and use in connection with the functioning and
operation of WIPO's online search services and related information services for the public
such as development of language tools, industrial property information analysis reports,
statistics. etc. The data provided by the Office may also be included in WIPO's online
search premium service for fee-based subscribers on the condition that the fees will be
used to recover part of the maintenance and development cost of WIPO's service for the
public.
416
{h) If the Office so requests, and subject to agreement between the Office and WIPO on
the specific terms and conditions, including financial terms, WIPO may redistribute the
information referred to in Article VI Paragraph 1 (a) to (e) to third parties for the promotion
of global access to the information. WIPO shall not, without prior written agreement from
the Office, redistribute or sell the said data to any other party.
(i)
In return for data referred to in Article VI (a), and subject to WIPO's standard terms
and conditions
(http://www.wipo.int/patentscope/en/data/national phase/procedures.html),
WIPO will provide the Office, free of charge, with access to any PCT Data Products and
Services, including bibliographic data and full text searchable data in XML format, for all
published PCT international applications, and any added-value services that may be
created in the future and which would normally be restricted to fee-paying subscribers, so
that the Office can provide direct PCT search services internally and through the Office's
website, or any other means, to the general public.
U)
WIPO will also allow the Office to reformat, reproduce, and/or redistribute the
published PCT international patent application data, with the exception of PCT full-text
data. WIPO does not allow the Office to redistribute the complete collection of PCT fulltext data.
(k) Subject to the terms and conditions agreed by both Parties, WIPO will also provide
the Office with free access to WIPO's online search services of trademarks and industrial
designs of national and international registrations, which WIPO will shortly start to
develop.
(I)
The Parties shall not be bound to carry out the provisions of this Article VI until and
unless such mutually acceptable systems and platforms have been established and
implemented. Notwithstanding anything to the contrary, the Parties· obligations under this
Article VI to send, receive and exchange information and data shall be contingent upon
the establishment of mutually acceptable formats, systems and platforms to facilitate such
sending, receipt and exchange of information.
VII. ASSISTANCE IN OFFICE CAPACITY BUILDING
WIPO will arrange, upon request of the Office and resources permitting, training and capacity
building for end users and management as well as knowledge transfer to local technical
personnel. This training will facilitate the transition from manual to automated business
processes and will provide an opportunity to build sufficient capacity to sustain the benefits of
modernization.
VIII. PROVISION OF COMPUTER EQUIPMENT
Upon request and subject to appropriate authorization, as the case may be, WIPO shall provide,
in appropriate cases and as permitted by the allocation of financial resources, the minimum
516
computer equipment that assists the Office in building technical infrastructure for modernization.
However, W IPO is not in a position to bear the cost of long-term operation and maintenance of
the technical infrastructure, including the equipment deployed. The equipment will be provided
according to conditions specified in Annex II.
IX. MODIFICATION
Except for the terms and conditions attached in Annex I and II, the Agreement and any other
agreement referred to herein may be modified by mutual consent of the Parties, expressed in
writing and formalized through an exchange of letters specifying the date of entry into force of
the modification concerned.
X.
ENTRY INTO FORCE, DURATION AND TERMINATION OF THE AGREEMENT
The Agreement will become effective upon signature by the Parties. The duration of the
Agreement is not limited. Either Party may terminate the Agreement, subject to six months
written notice. If one of the Parties decides to terminate the Agreement, obligations previously
entered into in relation to projects being implemented under it shall not be affected thereby.
This termination shall also apply to any other agreement agreed by the Parties and derived from
the Agreement and to any license granted by WIPO to the Office herein or under the Annexes of
the Agreement. WIPO will discontinue supporting any software provided by WIPO to the Office
according to the Agreement and/or any of its Annexes. All its maintenance and administration
will then become solely the responsibility of the Office.
XI. PRIVILEGES AND IMMUNITIES
Nothing in or relating to this Agreement shall be deemed a waiver of any of the privileges and
immunities of W IPO in conformity with the Convention on the Privileges and Immunities of the
Specialized Agencies approved by the General Assembly of the United Nations, on
November 21 , 1947, and with the provisions of the Agreement between the Swiss Federal
Council and WIPO to determine the organization's juridical status in Switzerland of December 9,
1970, and of the Implementation Arrangement of the same date related thereto.
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XII. SETILEMENT OF DISPUTES
Any dispute, controversy or claim arising out of or relating to this Agreement shall be resolved
by negotiation in good faith between the parties.
IN WITNESS WHEREOF, the undersigned have signed this Agreement.
Done in duplicate, in English,
For the World Intellectual
Property Organization
(WIPO)
Mr. Francis Gurry
Director General
Geneva, .. a.\ .--Ju
[Annexes follow)
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ANNEX I: TERMS AND CONDITIONS FOR THE USE OF WIPO SOFTWARE FOR IP OFFICE
BUSINESS SERVICES
I.
DEFINITIONS • IN THE CONTEXT OF THESE TERMS AND CONDITIONS
"The Software" shall mean the software provided by WIPO to enhance IP Office business services.
The Software may include WIPOScan Software, WIPO Industrial Property Automation System
{IPAS) Software and/or related IP business software. WIPOScan Software refers to the software
for scanning, indexing, and formatting of industrial property data to support the digitization of paper
documents in IP Offices. WIPO IPAS Software refers to the software for the administration of
industrial property business processes in IP Offices;
"The Office" shall mean the Industrial Property Office of any WIPO Member State, or the regional
office of a group of WIPO Member States, which is willing to use the WIPO software for IP Office
business services to improve the management of internal business processes and maximize the IP
service delivery to its stakeholders.
II.
GRANT OF RIGHTS
WIPO grants the Office the right to use the Software for IP service delivery under the conditions
described herein and within the framework of the "fair use" policy outlined in section 4. The
intended purpose of this right is to meet increasing demands from many IP Offices for their efficient
and effective business services. Unless otherwise provided for in these Terms and Conditions, the
Office shall have a worldwide, non-sublicense, non-transferable and non-exclusive right to use the
Software as stated below;
(a)
The Office may use the original version of the Software in its own applications;
(b) Any components or modules developed by the Office and linked into the Software shall
not be considered part of the Software and will not be subject to these Terms and
Conditions.
(c) The Office may have its operation of the Software carried out through a subcontractor,
the subcontractor, however, shall obtain no rights whatsoever to the Software.
Any use other than the above-mentioned uses shall be subject to prior written agreement on the
terms and conditions. In particular, the Office may not redistribute the software or any derived
products to third parties without prior written agreement between WIPO and the Office.
Ill.
MODIFICATION
Subject to prior consent of WIPO, the Office may modify the Software in any way to create its
application systems, provided that the Office meet the following conditions and inserts a prominent
notice stating how, when and whether the Office changed the software:
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(a) The copyright notice and disclaimer on the Software must be reproduced and included
in the source code, documentation , and/or other materials provided in a manner in which
such notices are normally distributed.
(b) The derivative work must be clearly identified as such, in order that it may not be
confused with the original Software.
WIPO will not be liable, in any respect, for any such modifications or any errors, losses or damage
resulting from such modifications.
IV. FAIR USE
Nothing in these Terms and Conditions is intended to reduce, limit, or restrict any rights arising
from fair use, fair dealing, other limitations on the exclusive rights of the copyright owner under
copyright law or other applicable laws.
V.
OWNERSHIP
Ownership and title in the original and modified Software are and shall at all times remain with
WIPO. The Office shall not acquire directly, indirectly or by implication any title, copyright or
ownership in the Software or any parts thereof. This Article will not apply to the components and
modules developed by the Office and linked to the Software.
VI.
RESPONSIBILITY
Responsibility for the successful deployment and use of the Software remains with the Office.
WI PO is responsible for the training of the Office staff to enable them to manage, operate, and
benefit from the Software, upon the Office's request. The Office will receive technical assistance
and/or general consultation with regard to the deployment, customization and effective use of the
Software. W IPO will take all reasonable steps to transfer the technical knowledge embedded in
the Software that can be directly attributable to best performance of the system. As they become
available, WIPO will provide new versions, updates and/or enhancements to current versions of
the Software. However, WIPO bears no responsibilities with respect to the maintenance and
support of the Software for the purpose of office use after a reasonable time period. The Office
shall be responsible for maintenance and support of the systems derived from the Software.
Equipment and software compatibility shall be the Office's sole responsibility.
VII.
INTELLECTUAL PROPERTY RIGHTS
The Office acknowledges and recognizes the ownership, title and other rights of WIPO in and to
any and all copyright and other intellectual and industrial property rights ("Rights") in relation to the
Software, and all such Rights shall at all times be and remain the sole property of WIPO. The
Office shall not do or permit to be done any act that is or is likely to constitute an infringement of
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the Rights, or will likely jeopardize or offend the ownership, right and title of WIPO in and to the
Rights. Notwithstanding anything to the contrary, WIPO does not make any warranty, express or
implied, that the Software, or any part thereof, does not affect or violate any patent, trademark,
copyright, trade secret, or other proprietary right of any third party.
VIII. LIABILITY AND FORCE MAJEURE
WIPO shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or
exemplary damages or penalties to the Office, including , but not limited to, losses of business,
revenue or profits, as a consequence of using any of the modules in the Software. WIPO shall not
be liable or deemed to be in default for any delays or failure in performance or interruption of
service resulting directly or indirectly from any cause or circumstance beyond its reasonable
control.
IX. ACKNOWLEDGMENT AND DISCLAIMERS
The Office shall identify WIPO as the source of the Software. However, any such identification
shall include the following (first) disclaimer: 'The Software herein is provided by the World
Intellectual Property Organization {WIPO) on an "as-is, where-is" basis, and WIPO does not
represent, warrant, or otherwise guarantee, expressly or impliedly, the merchantability, frtness for a
particular purpose, suitability, integrity, accuracy, reliability, or completeness of the said software or
any information disclosed or described or contained in the said software. WIPO expressly
disclaims liability for any loss, damage, or injury directly or indirectly suffered or incurred as a result
of or related to anyone using or relying on the said software or any information disclosed or
described or contained in the said software."
X.
USE OF LOGO
The Office shall not have the right to use any W IPO logo(s) or trademark(s) unless specifically
authorized by WIPO in writing and shall be subject to such conditions of use as may be agreed by
the Office and WIPO.
XI. REVISIONS
WIPO reserves the right to revise these Terms and Conditions at any time. Any revised Terms and
Conditions will be posted on W IPO's website. Revisions shall take effect immediately following
posting of the new Terms and Conditions.
XII. FINAL AGREEMENT (WHERE APPLICABLE)
These Terms and Conditions (and any revisions) constitutes the entire understanding between
WIPO and the Office regarding the use of the Software.
[Annex II follows)
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ANNEX II : TERMS AND CONDITIONS FOR THE USE OF IT HARDWARE/SOFTWARE
PURCHASED BY WIPO FOR IPOS
Following an in-depth needs assessment of the Office's needs and depending on availability of
funds, WIPO may agree to purchase IT hardware/software for Industrial Property Offices {IPOs)
with which it has entered into a Cooperation Agreement, for use within the context of the IPOs
modernization plan. WIPO would furnish the hardware/software in accordance with the
following terms and conditions:
1.
Upon receipt and after having confirmed it is in accordance with the specifications
provided by WIPO, the IPO will own the hardware/software and will assume all responsibility for
it including , but not limited to, maintenance, repair, replacement and disposal. WIPO shall claim
no responsibility, direct or indirect, for the maintenance and/or support of the hardware/software.
All related costs, including the costs of license renewals, will be borne by the IPO.
2.
The hardware/software purchased by WIPO is intended for use within the framework of
the Infrastructure Modernization Plan established between WIPO and the IPO and should not
be used outside this context.
3.
The hardware/software warranty will be covered directly by the supplier as outlined in the
standard warranty supplied with the hardware/software. The IPO should make sure that
warranty documentation is available with the supplied hardware/software at the time of the
delivery.
4.
The IPO should ensure, to the maximum extent possible, that the hardware/software will
be hosted in an adequate working environment to maximize its operation. This may include,
among other elements, securing stable power supply, adequate premise temperatures and
general safety conditions.
5.
WIPO shall claim also no responsibility for any damages that may take place as result of
the use of the hardware/software.
6.
The IPO shall be solely responsible for the security of the data manipulated using the
hardware/software provided by WIPO and for establishing necessary measures to protect all of
its digital assets against theft and misuse.
[End of Annex II and of Agreement]