Good morning ladies and gentlemen,
1. A very warm welcome to the Policy Dialogue on Emerging Issues in the Field of Trademarks co-organized by the World Intellectual Property Organization, the Ministry of Foreign Affairs of Singapore and the Intellectual Property Office of Singapore.
2. This dialogue today and tomorrow is just one of the many activities that we have collaborated with WIPO under our MoU on Joint Training in the Field of Intellectual Property. Since the conclusion of the MOU in 2006, we have collaborated successfully on many capacity building activities spanning a wide range of areas in IP. However, I believe this is the first occasion in which we are conducting a policy dialogue on emerging trademark issues.
3. So why a dialogue on trademark issues? A quick scan on the horizon reveals the many challenging issues confronting the administration of trademarks in our modern economy characterized by the constant introduction of a new range of products and services in our marketplace. With technological advancements, new ways of advertising and branding have also emerged to catch the consumer's attention, interest and curiosity.
4. This has created situations where IP rights overlap, example between trademarks and copyright as well as designs. While these are not new developments, they are increasingly common. When and where rights overlap, conflicts arise and questions are raised as to how these should be addressed operationally. Although copyright, designs and trademarks serve different purposes, how does one reconcile the varying criteria, terms and conditions of protection? Can trademarks co-exist with copyright and designs? Are there inherent contradictions that are irreconcilable? Some jurisdictions have addressed these issues but not all, and the absence of any internationally agreed consensus on dealing with these issues has created many "grey areas" in many countries.
5. Problems and challenges surrounding trademark use on the internet is another topical issue that can be the subject of many long discussions. The rapid growth and increasing prevalence of the internet in communication media has led to many cases of trademark infringement in cyberspace. Similarly, conflicts arise over domain names system with trademark implications. Attempts to accommodate the interests of trademark rights owners while ensuring the smooth functioning of the domain names system have not been successful thus far. Internationally, a solution has also remained elusive.
6. This notwithstanding, WIPO and the international trademark regime remain active in addressing challenges. The WIPO Standing Committee has held discussions on many of these issues before us. Contracting parties to the Singapore Treaty on the Law of Trademarks have also agreed to amend the Treaty regulations to include more detailed provisions on the representation of non-traditional trademarks such as hologram marks, motion marks and colour marks.
7. Today, as was the case before, trademarks remain one of the most valuable and competitive commercial and marketing tools for businesses. What I have briefly outlined are just some of the topical issues that senior trademark officials have to deal with. It is for that reason that Singapore and WIPO have decided to devote one activity in our workplan this year to foster a dialogue in meeting these challenges. The intention is not to garner a consensus or develop harmonized practices. But as senior trademarks officials in our respective offices, it is incumbent on us to gain a full appreciation of some of these gaps in the administration of our domestic trademark regime. We feel that dialogue and experience sharing is the best way to achieve that.
8. On this note, let me extend my gratitude to the WIPO Singapore Office and the WIPO Trademark and Design Law Division for helping us put together a comprehensive programme for our first activity held under the 2010 workplan of the Singapore-WIPO MoU on Joint Training in the Field of Intellectual Property.
9. Finally, let me also convey my thanks to the Ministry of Foreign Affairs of Singapore for their assistance in organizing this dialogue, and also for their longstanding support in fleshing out the many activities under our MoU with WIPO.
10. With that, I wish everyone present a fruitful and productive dialogue over these two days. Thank you very much.