In the news

• Pages: 27-27

International trademark filings

under the Madrid System for the

International Registration of

Marks dropped by 16 percent in

2009 as a result of the global

economic downturn, while

Patent Cooperation Treaty (PCT)

filings fell by 4.5 percent. WIPO

received 35,195 international

applications under the 84-

member Madrid system com-

pared to 42,075 in 2008.

Provisional data for the PCT,

which has 142 contracting par-

ties, indicates that 155,900 inter-

national patent applications

were filed in 2009 compared to

the nearly 164,000 applications

filed in 2008.

International trademark regis-

trations began showing signs of

a slowdown in 2008, so the 2009

figures were not wholly unex-

pected. Trademark registrations

reflect the introduction of new

products and services to the

market and are sensitive to busi-

ness cycles. The comparatively

smaller decrease (-1.2%) in the

renewal of international trade-

mark registrations, compared to

2008, underscores the value of

established brands at a time

when consumers opt for goods

that are tried and trusted. In

2009, 19,234 international trade-

mark renewals were recorded.

"The decline in PCT filings is not

as sharp as originally anticipat-

ed – last year's results bring us

back to just under 2007 levels,

when 159,886 international ap-

plications were filed," said WIPO

Director General Francis Gurry.

"Interestingly, the rate of decline

in international filings is lower

than that experienced in some

national contexts. This is an indi-

cation of a broad recognition

that it makes good business

sense, whatever the economic

conditions, to continue to pro-

tect commercially valuable

technologies internationally."

International patent filings in a

number of East Asian countries

continued to see positive

growth in spite of challenging

global economic conditions.

Japan, the second largest user of

the PCT, experienced a 3.6 per-

cent rate of growth with 29,827

applications; the Republic of

Korea, ranked fourth largest user

of the system, experienced a 2.1

percent growth with 8,066 ap-

plications; and China became

the fifth largest PCT user with a

strong growth rate of 29.7 per-

cent representing some 7,946

international applications.

The Madrid System also observed

increases among some major

users, notably the European Union

(3.1%) and Japan (2.7%), as well as

the Republic of Korea (33.9%),

Singapore (20.5%), Croatia (17.5%)

and Hungary (14.5%).

In December, the English High Court confirmed

the decision of a lower court according to which

props designed by Mr. Andrew Ainsworth in 1976

for the original Star Wars movies are designs, ben-

efitting from only 15 years of protection in the

U.K., rather than artwork that would be protected

under copyright for 70 years.

The initial case was filed in 2005 by Lucasfilm after

Mr. Ainsworth set up a website selling replicas

made from the original molds he had created for

props in the first Star Wars movie. Mr. Ainsworth

did not challenge Lucasfilm’s claim in the U.S.,

where he had sold only 19 models. By default

judgment, a California court granted Lucasfilm

the US$20 million it claimed in damages. But Mr.

Ainsworth could not ignore the Lucasfilm case

filed in the U.K., his actual place of business.

On December 16, 2009, English High Court Lord

Justices Rix, Jacob and Patten upheld the lower

court decision that the models were not sculp-

tures and therefore could not benefit from copy-

right protection – which extends 70 years beyond

the death of the creator – but industrial designs.

Lucasfilm’s appeal was dismissed.

Lucasfilm plans to take the case to U.K.’s Supreme

Court.

IN THE NEWS

27

Economic Downturn Hits WIPO Registration

and Filing Services

Movie Props are Industrial

Designs not Art