Leading International

Instruments concerning
Intellectual Property
Rights
Leading International
Instruments concerning
Intellectual Property
Rights Rights Rights
Sanjeev kr. Chaswal
Advocate and I PR Attorney
LL.M. I PR and ARB .and MS Cyber
law and security
Sanjeev kr. Chaswal
Advocate and I PR Attorney
LL.M. I PR and ARB .and MS Cyber
law and security
1
Global Initiatives-A history Global Initiatives-A history
The disruptions of world economy caused two world
wars, thus stalled late 19
th
century development during
the wars years virtually free trade between international
community was abandoned. Toward the end of World
War II, representatives of the US and its Allied Forces
endeavored to work out the arrangements for a new
The disruptions of world economy caused two world
wars, thus stalled late 19
th
century development during
the wars years virtually free trade between international
community was abandoned. Toward the end of World
War II, representatives of the US and its Allied Forces
endeavored to work out the arrangements for a new endeavored to work out the arrangements for a new
world order in the post war era.
As a result of these negotiations, after World War II the
US and its Allies planned to establish three important
international institutions to liberalize trade and payment.
endeavored to work out the arrangements for a new
world order in the post war era.
As a result of these negotiations, after World War II the
US and its Allies planned to establish three important
international institutions to liberalize trade and payment.
2
United nations Monetary and Financial
conference BrettonWoods Conference
United nations Monetary and Financial
conference BrettonWoods Conference
The United Nations Monetary and Financial
Conference opened on J uly 1, 1944 in Bretton
Woods, New Hampshire. Forty-four governments
accepted the invitation of President Roosevelt to
come together for the purposes of promoting
The United Nations Monetary and Financial
Conference opened on J uly 1, 1944 in Bretton
Woods, New Hampshire. Forty-four governments
accepted the invitation of President Roosevelt to
come together for the purposes of promoting come together for the purposes of promoting
international economic stability. U.S. Secretary of
the Treasury Henry Morgenthau was elected
president of the Conference.
come together for the purposes of promoting
international economic stability. U.S. Secretary of
the Treasury Henry Morgenthau was elected
president of the Conference.
12/26/2012 3
BrettonWoods Conference BrettonWoods Conference
This conference was attended by 730 delegates of the
45 allied nations this conference
Three commissions were established to conduct the
work of the Conference: Commission I was charged
with formulating the Articles of Agreement of the
International Monetary Fund, Commission II assumed
the same responsibility with respect to the
This conference was attended by 730 delegates of the
45 allied nations this conference
Three commissions were established to conduct the
work of the Conference: Commission I was charged
with formulating the Articles of Agreement of the
International Monetary Fund, Commission II assumed
the same responsibility with respect to the the same responsibility with respect to the
International Bank for Reconstruction and
Development, and Commission III was to consider
other means on international financial cooperation
the same responsibility with respect to the
International Bank for Reconstruction and
Development, and Commission III was to consider
other means on international financial cooperation
12/26/2012 4
BrettonWoods Conference BrettonWoods Conference
By the end of the Conference, the Articles of
Agreement of the IMF and the Articles of
Agreement of the IBRD were ready for ratification
by member governments. The Articles of
Agreement for both organizations entered into
force on December 27, 1945.
By the end of the Conference, the Articles of
Agreement of the IMF and the Articles of
Agreement of the IBRD were ready for ratification
by member governments. The Articles of
Agreement for both organizations entered into
force on December 27, 1945.
The Inaugural Meeting of the Boards of Governors
of the Fund and the Bank took place on
Wilmington Island, Georgia, near Savannah, in
March 1946.
Bretton Woods Monetary Conference, held on J uly
1-22, 1944
The Inaugural Meeting of the Boards of Governors
of the Fund and the Bank took place on
Wilmington Island, Georgia, near Savannah, in
March 1946.
Bretton Woods Monetary Conference, held on J uly
1-22, 1944
5
Creation of Three institutions
including UN
Creation of Three institutions
including UN
i) International Monetary Fund (IMF) was
established to facilitate international payments.
(ii) International Bank for Reconstruction and
Development. After the War, European countries
and J apan had to rebuild their production plants;
this meant that these countries required a large
i) International Monetary Fund (IMF) was
established to facilitate international payments.
(ii) International Bank for Reconstruction and
Development. After the War, European countries
and J apan had to rebuild their production plants;
this meant that these countries required a large this meant that these countries required a large
amount of foreign capital.
this meant that these countries required a large
amount of foreign capital.
6
Creation of Three
institutions and UN
Creation of Three
institutions and UN
To encourage free flow of private capital,
International Bank for Re-construction and
Development (IBRD, now the World Bank) was
also established.
To encourage free flow of private capital,
International Bank for Re-construction and
Development (IBRD, now the World Bank) was
also established. also established.
(iii) To facilitate free trade, International Trade
Organization (ITO) was to be born.
(iv) As a political complement to these
institutions, United Nations was also established
in 1945 to replaced the League of Nations.
also established.
(iii) To facilitate free trade, International Trade
Organization (ITO) was to be born.
(iv) As a political complement to these
institutions, United Nations was also established
in 1945 to replaced the League of Nations.
7
J ourney from GATT to
WTO
J ourney from GATT to
WTO
From a provisional agreement to an
Organisation:
Havana Charter
GATT (1 J anuary 1948 31 December 1995)
From a provisional agreement to an
Organisation:
Havana Charter
GATT (1 J anuary 1948 31 December 1995) GATT (1 J anuary 1948 31 December 1995)
23 Contracting Parties 123
8 Rounds of Negotiations
WTOwas created finally on (1 J anuary 1995)
GATT (1 J anuary 1948 31 December 1995)
23 Contracting Parties 123
8 Rounds of Negotiations
WTOwas created finally on (1 J anuary 1995)
8
GATT NEGOTIATIONS GATT NEGOTIATIONS
Year Place/Name Topics covered Countries
1947 Geneva Tariffs 23
1949 Annecy Tariffs 13
1951 Torquay Tariffs 38
1956 Geneva Tariffs 26
1960-61 Geneva (Dillon Rnd) Tariffs 26
1964-67
Geneva (Kennedy
Rnd)
Tariffs & AD 62
1973-79 Geneva (Tokyo Rnd) Tariffs, NTBs &
framework
Agreements
102
9
Creation of GATT Creation of GATT
GATT (General Agreement on Tariffs
and trade was the result of an
international conference held at Geneva
in 1947 to consider a draft charter for
the International Trade Organization
GATT (General Agreement on Tariffs
and trade was the result of an
international conference held at Geneva
in 1947 to consider a draft charter for
the International Trade Organization the International Trade Organization
(ITO). The US initiated negotiations
with 22 other countries that led to
commitments to regulate 45,000 tariff
rates.
the International Trade Organization
(ITO). The US initiated negotiations
with 22 other countries that led to
commitments to regulate 45,000 tariff
rates.
10
Creation of GATT Creation of GATT
General Agreement on Tariffs and Trade.
Treaty organization affiliated with the United
Nations whose purpose was to facilitate international
trade. The primary actions of the organization were
to freeze and reduce tariff levels on
various commodities and was originally intended to
General Agreement on Tariffs and Trade.
Treaty organization affiliated with the United
Nations whose purpose was to facilitate international
trade. The primary actions of the organization were
to freeze and reduce tariff levels on
various commodities and was originally intended to various commodities and was originally intended to
become a part of the International Trade
Organization (ITO); however, the ITO failed to be
created, so the GATT was left as an independent
organization. In 1994, GATT was superseded by
the WTO.
various commodities and was originally intended to
become a part of the International Trade
Organization (ITO); however, the ITO failed to be
created, so the GATT was left as an independent
organization. In 1994, GATT was superseded by
the WTO.
Creation of GATT Creation of GATT
Technically, GATT was viewed as an agreement
under the provisions of US Reciprocal Trade Act
of 1934, and hence did not require approval of
Congress. It was considered a provisional
agreement that would be replaced once the ITO
became operational to take over its functions.
Technically, GATT was viewed as an agreement
under the provisions of US Reciprocal Trade Act
of 1934, and hence did not require approval of
Congress. It was considered a provisional
agreement that would be replaced once the ITO
became operational to take over its functions. became operational to take over its functions.
So GATT began its provisional existence on
J anuary 1, 1948, when 23 contracting parties
signed the agreement. However, US Congress
refused in 1950 to ratify the treaty establishing
the ITO.
became operational to take over its functions.
So GATT began its provisional existence on
J anuary 1, 1948, when 23 contracting parties
signed the agreement. However, US Congress
refused in 1950 to ratify the treaty establishing
the ITO.
12
What is WTO and its objectives What is WTO and its objectives
An international Organization:
Organization created by the Marrakesh Agreement
Sui generis organisation (independent from the United
Nation system)
Replaces the GATT (created in 1947)
An international Organization:
Organization created by the Marrakesh Agreement
Sui generis organisation (independent from the United
Nation system)
Replaces the GATT (created in 1947)
WTOObjectives:
Raising standards of living
Ensuring full employment
Ensuring growth of real income and demand
Expanding production and trade
Sustainable development
Protection of the environment
WTOObjectives:
Raising standards of living
Ensuring full employment
Ensuring growth of real income and demand
Expanding production and trade
Sustainable development
Protection of the environment
13
WTO: Functions and its working WTO: Functions and its working
WTO Functions: Administer and implement the WTO
agreements
Forumfor negotiations
Administer Settlement of Disputes
Administer Trade Policy ReviewMechanism
Technical Assistance to developing countries
WTO Functions: Administer and implement the WTO
agreements
Forumfor negotiations
Administer Settlement of Disputes
Administer Trade Policy ReviewMechanism
Technical Assistance to developing countries
The negotiated legal rules included in the various WTO
agreements cover the following topics:
Trade in Goods
Trade in Services
Trade-related aspects of intellectual property rights
Dispute Settlement
Trade Policy Reviews
The negotiated legal rules included in the various WTO
agreements cover the following topics:
Trade in Goods
Trade in Services
Trade-related aspects of intellectual property rights
Dispute Settlement
Trade Policy Reviews
14
Ministerial Conference
Appellate
Body
Dispute
Settlement
Panels
Goods Council Services Council
General Council TPRB DSB
WTO: How does it work? WTO: How does it work?
WTO Structure WTO Structure
15 Secretariat
Committees Committees
Goods Council Services Council
TRIPS
Council
CTD (Development)
CTE (Environment)
CRTA (Regionalism)
BOP
Budget
WG (Accessions,
Investment, competition,
Government
Procurement)
Director-General
For Patents-The Paris Convention For Patents-The Paris Convention
The Paris Convention was first signed in 1883. Since then
the Convention has been revised several times; in 1900 at
Brussels, in 1911 at Washington, in 1925 at the Hague, in
1934 at London, in 1958 at Lisbon and in 1967 at
Stockholm. The last amendment took place in 1979. India
became a member of the Paris Convention on December 7,
1998. (Readers may note the use of the phrase 'Industrial
Property' and not intellectual property).
The Paris Convention was first signed in 1883. Since then
the Convention has been revised several times; in 1900 at
Brussels, in 1911 at Washington, in 1925 at the Hague, in
1934 at London, in 1958 at Lisbon and in 1967 at
Stockholm. The last amendment took place in 1979. India
became a member of the Paris Convention on December 7,
1998. (Readers may note the use of the phrase 'Industrial
Property' and not intellectual property).
The Paris Convention is an international convention for
promoting trade among the member countries, devised to
facilitate protection of industrial property simultaneously in
the member countries without any loss in the priority date.
All the member countries provide national treatment to all
the applications from the other member countries for
protection of industrial property rights.

The Paris Convention is an international convention for

promoting trade among the member countries, devised to
facilitate protection of industrial property simultaneously in
the member countries without any loss in the priority date.
All the member countries provide national treatment to all
the applications from the other member countries for
protection of industrial property rights.

16
The PCT and its Provisions The PCT and its Provisions
The Patent Cooperation Treaty (PCT) is
an international patent law treaty, concluded in 1970. It provides a
unified procedure for filing patent applications to protect inventions in
each of its contracting states. A patent application filed under the PCT is
called an international application, or PCT application.
The primary provisions with respect to trademarks are summarized as
follows
Articles 2 and 3 - Eligible Parties
The Patent Cooperation Treaty (PCT) is
an international patent law treaty, concluded in 1970. It provides a
unified procedure for filing patent applications to protect inventions in
each of its contracting states. A patent application filed under the PCT is
called an international application, or PCT application.
The primary provisions with respect to trademarks are summarized as
follows
Articles 2 and 3 - Eligible Parties Articles 2 and 3 - Eligible Parties
Article 4 - Convention Priority
Article 6
bis
- Well-known Marks
Article 6
quinquies
- telle quelle Registration
Article 6
sexies
- Protection of Service Marks
Article 6
septies
- Unauthorized Registration by Agent or
Representative
Article 8 - Protection of Trade Names
Article 10
bis
- Unfair Competition

Articles 2 and 3 - Eligible Parties

Article 4 - Convention Priority
Article 6
bis
- Well-known Marks
Article 6
quinquies
- telle quelle Registration
Article 6
sexies
- Protection of Service Marks
Article 6
septies
- Unauthorized Registration by Agent or
Representative
Article 8 - Protection of Trade Names
Article 10
bis
- Unfair Competition

17
The Paris Convention Treaty The Paris Convention Treaty
A single filing of an international application is made with a
Receiving Office (RO) in one language. It then results in a
search performed by an International Searching Authority
(ISA), accompanied by a written opinion regarding the
patentability of the invention, which is the subject of the
application. It is optionally followed by a preliminary
examination, performed by an International Preliminary
Examining Authority (IPEA).
A single filing of an international application is made with a
Receiving Office (RO) in one language. It then results in a
search performed by an International Searching Authority
(ISA), accompanied by a written opinion regarding the
patentability of the invention, which is the subject of the
application. It is optionally followed by a preliminary
examination, performed by an International Preliminary
Examining Authority (IPEA). Examining Authority (IPEA).
Finally, the relevant national or regional authorities
administer matters related to the examination of application
(if provided by national law) and issuance of patent. A PCT
application does not itself result in the grant of a patent,
since there is no such thing as an "international patent", and
the grant of patent is a prerogative of each national or
regional authority.
Examining Authority (IPEA).
Finally, the relevant national or regional authorities
administer matters related to the examination of application
(if provided by national law) and issuance of patent. A PCT
application does not itself result in the grant of a patent,
since there is no such thing as an "international patent", and
the grant of patent is a prerogative of each national or
regional authority.
18
The Paris Convention Treaty The Paris Convention Treaty
In other words, a PCT application, which
establishes a filing date in all contracting states,
must be followed up with the step of entering into
national or regional phases in order to proceed
towards grant of one or more patents.
The PCT procedure essentially leads to a standard
In other words, a PCT application, which
establishes a filing date in all contracting states,
must be followed up with the step of entering into
national or regional phases in order to proceed
towards grant of one or more patents.
The PCT procedure essentially leads to a standard The PCT procedure essentially leads to a standard
national or regional patent application, which may
be granted or rejected according to applicable law,
in each jurisdiction in which a patent is desired.
The PCT procedure essentially leads to a standard
national or regional patent application, which may
be granted or rejected according to applicable law,
in each jurisdiction in which a patent is desired.
19
What is a PCT Application? What is a PCT Application?
The Patent Cooperation Treaty or PCT is an international
agreement for filing patent applications having effect in up to
117 countries. Although the PCT systemdoes not provide for
the grant of an international patent, the system:
simplifies the process of filing patent applications
delays the expenses associated with applying for patent
The Patent Cooperation Treaty or PCT is an international
agreement for filing patent applications having effect in up to
117 countries. Although the PCT systemdoes not provide for
the grant of an international patent, the system:
simplifies the process of filing patent applications
delays the expenses associated with applying for patent delays the expenses associated with applying for patent
protection in other countries
and allows the inventor more time to assess the commercial
viability of his/her invention.
Under the PCT, an inventor can file a single international
patent application in one language with one patent office in
order to simultaneously seek protection for an invention in up
to 117 countries throughout the world.
delays the expenses associated with applying for patent
protection in other countries
and allows the inventor more time to assess the commercial
viability of his/her invention.
Under the PCT, an inventor can file a single international
patent application in one language with one patent office in
order to simultaneously seek protection for an invention in up
to 117 countries throughout the world.
20
International Convention for the Protection
of New Varieties of Plants (UPOV)
International Convention for the Protection
of New Varieties of Plants (UPOV)
The International Union for the Protection of New Varieties
of Plants (UPOV) was established by the International
Convention for the Protection of New Varieties of Plants
("UPOV Convention"). The UPOV Convention was adopted
on December 2, 1961, by a Diplomatic Conference held in
Paris.
The UPOV Convention came into force on August 10, 1968,
The International Union for the Protection of New Varieties
of Plants (UPOV) was established by the International
Convention for the Protection of New Varieties of Plants
("UPOV Convention"). The UPOV Convention was adopted
on December 2, 1961, by a Diplomatic Conference held in
Paris.
The UPOV Convention came into force on August 10, 1968, The UPOV Convention came into force on August 10, 1968,
having been ratified by the United Kingdom, the
Netherlands and Germany. The UPOV Convention has been
revised on November 10, 1972, on October 23, 1978, and
on March 19, 1991, in order to reflect technological
developments in plant breeding and experience acquired
with the application of the UPOV Convention.
The UPOV Convention came into force on August 10, 1968,
having been ratified by the United Kingdom, the
Netherlands and Germany. The UPOV Convention has been
revised on November 10, 1972, on October 23, 1978, and
on March 19, 1991, in order to reflect technological
developments in plant breeding and experience acquired
with the application of the UPOV Convention.
21
Budapest Treaty on the Deposit of
Microorganisms
Budapest Treaty on the Deposit of
Microorganisms
To overcome these problems, intellectual property offices in
many countries recommended that the written description
of an invention involving the use of a newmicroorganismbe
supplemented by the deposit of the microorganism in a
recognized culture collection. The Budapest Treaty on the
International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure was
To overcome these problems, intellectual property offices in
many countries recommended that the written description
of an invention involving the use of a newmicroorganismbe
supplemented by the deposit of the microorganism in a
recognized culture collection. The Budapest Treaty on the
International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure was Microorganisms for the Purposes of Patent Procedure was
introduced in 1980 in an effort to implement such
recommendations.
Microorganisms that are naturally occurring cannot be the
subject of patents. However, a naturally occurring
microorganism that is manipulated or altered such as
through gene insertion, mutation etc can be the subject of a
patent.
Microorganisms for the Purposes of Patent Procedure was
introduced in 1980 in an effort to implement such
recommendations.
Microorganisms that are naturally occurring cannot be the
subject of patents. However, a naturally occurring
microorganism that is manipulated or altered such as
through gene insertion, mutation etc can be the subject of a
patent.
22
Budapest Treaty Budapest Treaty
Patent law requires that the details of an invention must be
fully disclosed in order for others skilled in the relevant field
to be able to replicate it. Disclosure is normally achieved by
means of a written description and supplemented where
necessary by drawings.
In the case of inventions involving the use of
microorganisms, these patentability requirements may be
Patent law requires that the details of an invention must be
fully disclosed in order for others skilled in the relevant field
to be able to replicate it. Disclosure is normally achieved by
means of a written description and supplemented where
necessary by drawings.
In the case of inventions involving the use of
microorganisms, these patentability requirements may be microorganisms, these patentability requirements may be
difficult to fulfill.
EXAMPLE: It would be almost impossible to describe an
organism isolated from soil and improved by selection, e.g.
mutation, so that another person could be guaranteed to
isolate and improve exactly the same strain fromthe soil in
exactly the same way
microorganisms, these patentability requirements may be
difficult to fulfill.
EXAMPLE: It would be almost impossible to describe an
organism isolated from soil and improved by selection, e.g.
mutation, so that another person could be guaranteed to
isolate and improve exactly the same strain fromthe soil in
exactly the same way
23
Madrid System for the I nternational
Registration of Trade Marks
Madrid System for the I nternational
Registration of Trade Marks
The Madrid system for the international
registration of marks (the Madrid system)
established in 1891 functions under the Madrid
Agreement (1891), and the Madrid Protocol
(1989). It is administered by the International
Bureau of WIPO located in Geneva, Switzerland.
The Madrid system for the international
registration of marks (the Madrid system)
established in 1891 functions under the Madrid
Agreement (1891), and the Madrid Protocol
(1989). It is administered by the International
Bureau of WIPO located in Geneva, Switzerland. Bureau of WIPO located in Geneva, Switzerland.
Thanks to the international procedural mechanism,
the Madrid system offers a trademark owner the
possibility to have his trademark protected in
several countries by simply filing one application
directly with his own national or regional
trademark office
Bureau of WIPO located in Geneva, Switzerland.
Thanks to the international procedural mechanism,
the Madrid system offers a trademark owner the
possibility to have his trademark protected in
several countries by simply filing one application
directly with his own national or regional
trademark office
24
Madrid System for Registration of Marks Madrid System for Registration of Marks
An international mark so registered is equivalent to
an application or a registration of the same mark
effected directly in each of the countries designated
by the applicant. If the trademark office of a
designated country does not refuse protection
within a specified period, the protection of the
mark is the same as if it had been registered by
An international mark so registered is equivalent to
an application or a registration of the same mark
effected directly in each of the countries designated
by the applicant. If the trademark office of a
designated country does not refuse protection
within a specified period, the protection of the
mark is the same as if it had been registered by mark is the same as if it had been registered by
that Office.
The Madrid system also simplifies greatly the
subsequent management of the mark, since it is
possible to record subsequent changes or to renew
the registration through a single procedural step.
Further countries may be designated
subsequently.
mark is the same as if it had been registered by
that Office.
The Madrid system also simplifies greatly the
subsequent management of the mark, since it is
possible to record subsequent changes or to renew
the registration through a single procedural step.
Further countries may be designated
subsequently.
25
Nice Agreement I nternational
Classification
Nice Agreement I nternational
Classification
Nice Agreement Concerning the International
Classification of Goods and Services for the
Purposes of the Registration of Marks of
J une 15, 1957, as revised at Stockholm on
J uly 14, 1967,and at Geneva on May 13, 1977,and
amended on September 28, 1979
Nice Agreement Concerning the International
Classification of Goods and Services for the
Purposes of the Registration of Marks of
J une 15, 1957, as revised at Stockholm on
J uly 14, 1967,and at Geneva on May 13, 1977,and
amended on September 28, 1979 amended on September 28, 1979
Vienna Agreement Establishing an International
Classification of the Figurative Elements of Marks
Done at Vienna on J une 12, 1973 as amended on
October 1, 1985
amended on September 28, 1979
Vienna Agreement Establishing an International
Classification of the Figurative Elements of Marks
Done at Vienna on J une 12, 1973 as amended on
October 1, 1985
26
The Trademark Law Treaty The Trademark Law Treaty
Another treaty of some importance affecting
international practice, the Trademark Law Treaty
(TLT) was adopted on October 27, 1994 and
signed in Geneva on October 28, 1994 by thirty-
nine member countries
The original aim of the negotiations for this
Another treaty of some importance affecting
international practice, the Trademark Law Treaty
(TLT) was adopted on October 27, 1994 and
signed in Geneva on October 28, 1994 by thirty-
nine member countries
The original aim of the negotiations for this The original aim of the negotiations for this
treaty, which in its infancy was entitled a
"Proposed Treaty on the Harmonization of Laws
for the Protection of Marks", was to harmonize
the trademarks laws of the eventual signatory
states in numerous areas, both administrative and
substantive, including harmonization of the
definition of registerable marks;
The original aim of the negotiations for this
treaty, which in its infancy was entitled a
"Proposed Treaty on the Harmonization of Laws
for the Protection of Marks", was to harmonize
the trademarks laws of the eventual signatory
states in numerous areas, both administrative and
substantive, including harmonization of the
definition of registerable marks;
27
The Trademark Law Treaty The Trademark Law Treaty
provision for registration of sound marks;
elimination of the "doing business" requirement for
parties to own trademark registrations;
provision of opposition procedures;
harmonization of the definition of objectionable
provision for registration of sound marks;
elimination of the "doing business" requirement for
parties to own trademark registrations;
provision of opposition procedures;
harmonization of the definition of objectionable harmonization of the definition of objectionable
marks, both on the grounds of absolute and relative
registrability;
harmonization of the rights conferred by registration
and when such rights are exhausted;
and the protection of well-known marks and marks
of high renown
harmonization of the definition of objectionable
marks, both on the grounds of absolute and relative
registrability;
harmonization of the rights conferred by registration
and when such rights are exhausted;
and the protection of well-known marks and marks
of high renown 28
For Copyright-The Berne Convention For Copyright-The Berne Convention
The Berne Convention, or to use its formal title
Berne Convention for the Protection of Literary
and Artistic Works is an international agreement
which sets out to harmonize the way that
copyright is regulated at an international level.
The convention was first adopted in 1886 in
The Berne Convention, or to use its formal title
Berne Convention for the Protection of Literary
and Artistic Works is an international agreement
which sets out to harmonize the way that
copyright is regulated at an international level.
The convention was first adopted in 1886 in The convention was first adopted in 1886 in
Berne, Switzerland (hence the name), and since
that time it has seen much change and revision:
Completed at Paris (1896), revised at Berlin
(1908), completed at Berne (1914), revised at
Rome (1928), at Brussels (1948), at Stockholm
(1967) and at Paris (1971), and amended in 1979.
The convention was first adopted in 1886 in
Berne, Switzerland (hence the name), and since
that time it has seen much change and revision:
Completed at Paris (1896), revised at Berlin
(1908), completed at Berne (1914), revised at
Rome (1928), at Brussels (1948), at Stockholm
(1967) and at Paris (1971), and amended in 1979.
29
The Berne Convention and its
working
The Berne Convention and its
working
Prior to the Berne Convention (and to a lesser degree the
Universal Copyright Convention [UCC]), copyright law
would usually only apply at a national level. This often
meant that the outside of the authors home country, there
was very little protection for copyright work.
As you will see from the list of Berne Convention
Prior to the Berne Convention (and to a lesser degree the
Universal Copyright Convention [UCC]), copyright law
would usually only apply at a national level. This often
meant that the outside of the authors home country, there
was very little protection for copyright work.
As you will see from the list of Berne Convention As you will see from the list of Berne Convention
signatories, most nations have adopted the convention.
Additionally, the TRIPs Agreement requires all World Trade
Organization members
The Berne Convention requires member nations to offer
the same protection to authors from other member
countries that it provides to its own nationals. It also sets
out a common framework of protection, and specifies
minimumprotection levels that are required.
As you will see from the list of Berne Convention
signatories, most nations have adopted the convention.
Additionally, the TRIPs Agreement requires all World Trade
Organization members
The Berne Convention requires member nations to offer
the same protection to authors from other member
countries that it provides to its own nationals. It also sets
out a common framework of protection, and specifies
minimumprotection levels that are required.
30
Berne Convention basic norms Berne Convention basic norms
The Berne Convention states that all works shall be
protected for at least 50 years after the author's
death with the following exceptions
For photography the minimum term is 25 years
fromthe year the photograph was created
For cinematography the minimum term is 50 years
after first showing, or, if the work has never been
The Berne Convention states that all works shall be
protected for at least 50 years after the author's
death with the following exceptions
For photography the minimum term is 25 years
fromthe year the photograph was created
For cinematography the minimum term is 50 years
after first showing, or, if the work has never been after first showing, or, if the work has never been
shown, 50 years fromthe creation date.
Note: These are the minimum terms of protection.
Countries are free to provide longer terms of
protection under national law. In the UK for
example the standard period of protection is 70
years fromthe death of the author.
after first showing, or, if the work has never been
shown, 50 years fromthe creation date.
Note: These are the minimum terms of protection.
Countries are free to provide longer terms of
protection under national law. In the UK for
example the standard period of protection is 70
years fromthe death of the author.
31
Universal Copyright Convention Universal Copyright Convention
The Universal Copyright Convention (or UCC),
adopted at Geneva in 1952, is one of the two
principal international conventions
protecting copyright; the other is the Berne
Convention.
The UCC was developed by United Nations
Educational, Scientific and Cultural Organization as
The Universal Copyright Convention (or UCC),
adopted at Geneva in 1952, is one of the two
principal international conventions
protecting copyright; the other is the Berne
Convention.
The UCC was developed by United Nations
Educational, Scientific and Cultural Organization as Educational, Scientific and Cultural Organization as
an alternative to the Berne Convention for those
states which disagreed with aspects of the Berne
Convention, but still wished to participate in some
formof multilateral copyright protection.
Educational, Scientific and Cultural Organization as
an alternative to the Berne Convention for those
states which disagreed with aspects of the Berne
Convention, but still wished to participate in some
formof multilateral copyright protection.
32
UCC 1952 UCC 1952
These states included developing countries and
the Soviet Union, which thought that the strong
copyright protections granted by the Berne
Convention overly benefited Western developed
copyright-exporting nations, and the United
States and most of Latin America. The United States
These states included developing countries and
the Soviet Union, which thought that the strong
copyright protections granted by the Berne
Convention overly benefited Western developed
copyright-exporting nations, and the United
States and most of Latin America. The United States States and most of Latin America. The United States
and Latin America were already members of a Pan-
American copyright convention, which was weaker
than the Berne Convention. The Berne Convention
states also became party to the UCC, so that their
copyrights would exist in non-Berne convention
states.
States and most of Latin America. The United States
and Latin America were already members of a Pan-
American copyright convention, which was weaker
than the Berne Convention. The Berne Convention
states also became party to the UCC, so that their
copyrights would exist in non-Berne convention
states.
33
Rome Convention Rome Convention
The Rome Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organisations was
accepted by members of BIRPI, the predecessor to the
modern World Intellectual Property Organization, on October
26, 1961.
Convention drew up response to new technologies like tape
recorders that made the reproduction of sounds and images
easier and cheaper than ever before. Whereas earlier copyright
law, including international agreements like the 1886 Berne
The Rome Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organisations was
accepted by members of BIRPI, the predecessor to the
modern World Intellectual Property Organization, on October
26, 1961.
Convention drew up response to new technologies like tape
recorders that made the reproduction of sounds and images
easier and cheaper than ever before. Whereas earlier copyright
law, including international agreements like the 1886 Berne law, including international agreements like the 1886 Berne
Convention, had been written to regulate the circulation of
printed materials, the Rome Convention responded to the new
circumstance of ideas variously represented in easily
reproduced units by covering performers and producers of
recordings under copyright:
law, including international agreements like the 1886 Berne
Convention, had been written to regulate the circulation of
printed materials, the Rome Convention responded to the new
circumstance of ideas variously represented in easily
reproduced units by covering performers and producers of
recordings under copyright:
34
Rome Convention Rome Convention
The agreement extended copyright protection for the first
time fromthe author of a work to the creators and owners of
particular, physical manifestations of intellectual property,
such as audiocassettes or DVDs.
Performers (actors, singers, musicians, dancers and other
persons who performliterary or artistic works) are protected
against certain acts they have not consented to.
Such acts are:
The agreement extended copyright protection for the first
time fromthe author of a work to the creators and owners of
particular, physical manifestations of intellectual property,
such as audiocassettes or DVDs.
Performers (actors, singers, musicians, dancers and other
persons who performliterary or artistic works) are protected
against certain acts they have not consented to.
Such acts are: Such acts are:
the broadcasting and the communication to the public of
their live performance;
the fixation of their live performance; the reproduction of
such a fixation if the original fixation was made without their
consent or if the reproduction is made for purposes different
fromthose for which they gave their consent.
Such acts are:
the broadcasting and the communication to the public of
their live performance;
the fixation of their live performance; the reproduction of
such a fixation if the original fixation was made without their
consent or if the reproduction is made for purposes different
fromthose for which they gave their consent.
35
Rome Convention Rome Convention
Producers of phonograms enjoy the right to authorize or
prohibit the direct or indirect reproduction of their
phonograms.
Phonograms are defined in the Rome Convention as
meaning any exclusively aural fixation of sounds of a
performance or of other sounds.
Producers of phonograms enjoy the right to authorize or
prohibit the direct or indirect reproduction of their
phonograms.
Phonograms are defined in the Rome Convention as
meaning any exclusively aural fixation of sounds of a
performance or of other sounds. performance or of other sounds.
When a phonogram published for commercial purposes
gives rise to secondary uses (such as broadcasting or
communication to the public in any form), a single
equitable remuneration must be paid by the user to the
performers, or to the producers of phonograms, or to both;
contracting States are free, however, not to apply this rule
or to limit its application.
performance or of other sounds.
When a phonogram published for commercial purposes
gives rise to secondary uses (such as broadcasting or
communication to the public in any form), a single
equitable remuneration must be paid by the user to the
performers, or to the producers of phonograms, or to both;
contracting States are free, however, not to apply this rule
or to limit its application.
36
Rome Convention Rome Convention
Broadcasting organizations enjoy the right to
authorize or prohibit certain acts, namely:
the rebroadcasting of their broadcasts; the fixation
of their broadcasts; the reproduction of such
fixations;
Broadcasting organizations enjoy the right to
authorize or prohibit certain acts, namely:
the rebroadcasting of their broadcasts; the fixation
of their broadcasts; the reproduction of such
fixations; fixations;
the communication to the public of their television
broadcasts if such communication is made in
places accessible to the public against payment of
an entrance fee.
fixations;
the communication to the public of their television
broadcasts if such communication is made in
places accessible to the public against payment of
an entrance fee.
37
G I in Madrid system? G I in Madrid system?
The term Geographical Indications covers
different concepts such as the appellation of origin,
a term which has been defined at the international
level in the Lisbon Agreement for the Protection of
Appellation of Origin Appellation of origin is a type
of GI which has a strong link between the origin of
the product and it characteristics: the quality and
The term Geographical Indications covers
different concepts such as the appellation of origin,
a term which has been defined at the international
level in the Lisbon Agreement for the Protection of
Appellation of Origin Appellation of origin is a type
of GI which has a strong link between the origin of
the product and it characteristics: the quality and the product and it characteristics: the quality and
characteristics of which are due exclusively or
essentially to the geographical environment,
including natural and human factors.
the product and it characteristics: the quality and
characteristics of which are due exclusively or
essentially to the geographical environment,
including natural and human factors.
38
G I in Madrid system? G I in Madrid system?
International trade made it important to try to
harmonize the different approaches and standards that
governments used to register GIs. The first attempts to
do so were found in the Paris Convention on trademarks
(1883), followed by a much more elaborate provision in
the 1958 Lisbon Agreement on the Protection of
Appellations of Origin and their Registration. Few
countries joined the Lisbon agreement, however: by
International trade made it important to try to
harmonize the different approaches and standards that
governments used to register GIs. The first attempts to
do so were found in the Paris Convention on trademarks
(1883), followed by a much more elaborate provision in
the 1958 Lisbon Agreement on the Protection of
Appellations of Origin and their Registration. Few
countries joined the Lisbon agreement, however: by countries joined the Lisbon agreement, however: by
1997 there were only 17 members (Algeria, Bulgaria,
Burkina Faso, Congo, Cuba, Czech Republic, France,
Gabon, Haiti, Hungary, Israel, Italy, Mexico, Portugal,
Slovakia, Togo, Tunisia). About 170 geographical
indications were registered by Lisbon Agreement
members as of 1997.
countries joined the Lisbon agreement, however: by
1997 there were only 17 members (Algeria, Bulgaria,
Burkina Faso, Congo, Cuba, Czech Republic, France,
Gabon, Haiti, Hungary, Israel, Italy, Mexico, Portugal,
Slovakia, Togo, Tunisia). About 170 geographical
indications were registered by Lisbon Agreement
members as of 1997.
39
Hague System for the International
Registration of Industrial Designs
Hague System for the International
Registration of Industrial Designs
The Hague System for the International
Registration of Industrial Designs provides a
mechanism for registering a design in countries
and/ or intergovernmental organizations
member of the Hague Agreement. It is
administered by the International Bureau of WIPO
The Hague System for the International
Registration of Industrial Designs provides a
mechanism for registering a design in countries
and/ or intergovernmental organizations
member of the Hague Agreement. It is
administered by the International Bureau of WIPO administered by the International Bureau of WIPO
located in Geneva, Switzerland.
This System gives the owner of an industrial
design the possibility to have his design protected
in several countries by simply filing one
application with the International Bureau of
WIPO, in one language, with one set of fees in
one currency (Swiss Francs).
administered by the International Bureau of WIPO
located in Geneva, Switzerland.
This System gives the owner of an industrial
design the possibility to have his design protected
in several countries by simply filing one
application with the International Bureau of
WIPO, in one language, with one set of fees in
one currency (Swiss Francs).
40
Hague System Hague System
An international registration produces the same
effects in each of the designated countries, as if
the design had been registered directly with each
national office, unless protection is refused by the
national office of that country.
An international registration produces the same
effects in each of the designated countries, as if
the design had been registered directly with each
national office, unless protection is refused by the
national office of that country. national office of that country.
The Hague System simplifies the management
of an industrial design registration, since it is
possible to record subsequent changes or to
renew the registration through a single procedural
step with the International Bureau of WIPO.
national office of that country.
The Hague System simplifies the management
of an industrial design registration, since it is
possible to record subsequent changes or to
renew the registration through a single procedural
step with the International Bureau of WIPO.
41
LOCARNO AGREEMENT LOCARNO AGREEMENT
LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONAL
CLASSIFICATION FOR INDUSTRIAL DESIGNS
Signed at Locarno on October 8, 1968
as amended on September 28, 1979
(1) The countries to which this Agreement applies constitute
a Special Union.
LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONAL
CLASSIFICATION FOR INDUSTRIAL DESIGNS
Signed at Locarno on October 8, 1968
as amended on September 28, 1979
(1) The countries to which this Agreement applies constitute
a Special Union. a Special Union.
(2) They adopt a single classification for industrial designs
(hereinafter designated as "the international classification").
(3) The international classification shall comprise:
(i) a list of classes and subclasses;
(ii) an alphabetical list of goods in which industrial designs
are incorporated, with an indication of the classes and
subclasses into which they fall;
a Special Union.
(2) They adopt a single classification for industrial designs
(hereinafter designated as "the international classification").
(3) The international classification shall comprise:
(i) a list of classes and subclasses;
(ii) an alphabetical list of goods in which industrial designs
are incorporated, with an indication of the classes and
subclasses into which they fall; 42
Agreement on Trade-Related Aspects of
I ntellectual Property Rights
Agreement on Trade-Related Aspects of
I ntellectual Property Rights
The TRIPS is off shoot of the Marrakesh
Agreement establishing the world WTO (World
Trade Organisation) signed in Marrakesh, Morocco.
The Agreement on Trade-Related Aspects of
The TRIPS is off shoot of the Marrakesh
Agreement establishing the world WTO (World
Trade Organisation) signed in Marrakesh, Morocco.
The Agreement on Trade-Related Aspects of The Agreement on Trade-Related Aspects of
Intellectual Property Rights (or TRIPS Agreement)
set the standards for intellectual property
protection in the world today. It came into force
on 1 J anuary 1995 and is binding on all members
of the World Trade Organization (WTO).
The Agreement on Trade-Related Aspects of
Intellectual Property Rights (or TRIPS Agreement)
set the standards for intellectual property
protection in the world today. It came into force
on 1 J anuary 1995 and is binding on all members
of the World Trade Organization (WTO).
43
Trade-Related Aspects of I ntellectual
Property Rights
Trade-Related Aspects of I ntellectual
Property Rights
The TRIPS Agreement sets minimum standards in
the international rules governing patents, including
on medicines. Countries that are members of the
WTO (today, more than 150 countries) agree to
certain common standards in the way they enact
and implement their patent laws. These standards
The TRIPS Agreement sets minimum standards in
the international rules governing patents, including
on medicines. Countries that are members of the
WTO (today, more than 150 countries) agree to
certain common standards in the way they enact
and implement their patent laws. These standards and implement their patent laws. These standards
include, amongst others, that patents be given for
a minimumof 20 years; that patents may be given
both for products and processes; and that
pharmaceutical test data be protected against
unfair commercial use.
and implement their patent laws. These standards
include, amongst others, that patents be given for
a minimumof 20 years; that patents may be given
both for products and processes; and that
pharmaceutical test data be protected against
unfair commercial use.
44
Thethreemain features of the Agreement are:
Standards. In respect of each of the main areas of
intellectual property covered by the TRIPS Agreement,
the Agreement sets out the minimum standards of
protection to be provided by each Member.
Enforcement. The second main set of provisions
deals with domestic procedures and remedies for the
enforcement of intellectual property rights. The
Thethreemain features of the Agreement are:
Standards. In respect of each of the main areas of
intellectual property covered by the TRIPS Agreement,
the Agreement sets out the minimum standards of
protection to be provided by each Member.
Enforcement. The second main set of provisions
deals with domestic procedures and remedies for the
enforcement of intellectual property rights. The enforcement of intellectual property rights. The
Agreement lays down certain general principles
applicable to all IPR enforcement procedures.
Dispute settlement. The Agreement makes disputes
between WTO Members about the respect of the
TRIPS obligations subject to the WTO's dispute
settlement procedures.
enforcement of intellectual property rights. The
Agreement lays down certain general principles
applicable to all IPR enforcement procedures.
Dispute settlement. The Agreement makes disputes
between WTO Members about the respect of the
TRIPS obligations subject to the WTO's dispute
settlement procedures.
45
Trade-Related Aspects of
Intellectual PropertyRights
Trade-Related Aspects of
Intellectual PropertyRights
PART II Standards Concerning the Availability,
Scope and Use of Intellectual Property Rights
1. Copyright and Related Rights
2. Trademarks
3. Geographical Indications
PART II Standards Concerning the Availability,
Scope and Use of Intellectual Property Rights
1. Copyright and Related Rights
2. Trademarks
3. Geographical Indications 3. Geographical Indications
4. Industrial Designs
5. Patents
6. Layout-Designs (Topographies) of Integrated Circuits
7. Protection of Undisclosed Information
8. Control of Anti-Competitive Practices in Contractual
Licenses.
3. Geographical Indications
4. Industrial Designs
5. Patents
6. Layout-Designs (Topographies) of Integrated Circuits
7. Protection of Undisclosed Information
8. Control of Anti-Competitive Practices in Contractual
Licenses.
46
Trade-Related Aspects of I ntellectual
Property Rights
Trade-Related Aspects of I ntellectual
Property Rights
PART I I I Enforcement of I ntellectual Property
Rights
1. General Obligations
2. Civil and Administrative Procedures and Remedies
3. Provisional Measures
4. Special Requirements Related to Border Measures
PART I I I Enforcement of I ntellectual Property
Rights
1. General Obligations
2. Civil and Administrative Procedures and Remedies
3. Provisional Measures
4. Special Requirements Related to Border Measures 4. Special Requirements Related to Border Measures
5. Criminal Procedures
PART IV Acquisition and Maintenance of Intellectual
Property Rights and Related Inter-Partes Procedures
PART V Dispute Prevention and Settlement
PART VI Transitional Arrangements
PART VII Institutional Arrangements; Final Provisions
4. Special Requirements Related to Border Measures
5. Criminal Procedures
PART IV Acquisition and Maintenance of Intellectual
Property Rights and Related Inter-Partes Procedures
PART V Dispute Prevention and Settlement
PART VI Transitional Arrangements
PART VII Institutional Arrangements; Final Provisions
47
Trade-Related Aspects of I ntellectual
Property Rights
Trade-Related Aspects of I ntellectual
Property Rights
PART IV Acquisition and Maintenance of
Intellectual Property Rights and
Related Inter-Partes Procedures

PART IV Acquisition and Maintenance of

Intellectual Property Rights and
Related Inter-Partes Procedures

PART V Dispute Prevention and Settlement

PART VI Transitional Arrangements
PART VII Institutional Arrangements; Final
Provisions

PART V Dispute Prevention and Settlement

PART VI Transitional Arrangements
PART VII Institutional Arrangements; Final
Provisions
48
Intellectual Property Rights (IPRs) were brought into
GATT Uruguay Round Agenda in the late 1980s
through direct pressure by US pharmaceutical
companies. They were complaining that since
numerous countries do not provide adequate patent
protection for drugs, they were being denied potential
royalty payments. Quick to take up their cause, the US
government bemoaned that their top 200 companies
Intellectual Property Rights (IPRs) were brought into
GATT Uruguay Round Agenda in the late 1980s
through direct pressure by US pharmaceutical
companies. They were complaining that since
numerous countries do not provide adequate patent
protection for drugs, they were being denied potential
royalty payments. Quick to take up their cause, the US
government bemoaned that their top 200 companies government bemoaned that their top 200 companies
were losing $24 billion per year to such piracy.
Developing countries resisted the introduction of IPRs
into GATT, but they lacked the critical mass to block it.
However, as a compromise only the trade aspects of
IPRs were included hence the name. The thinking was
that this could only cover matters related to trade.
government bemoaned that their top 200 companies
were losing $24 billion per year to such piracy.
Developing countries resisted the introduction of IPRs
into GATT, but they lacked the critical mass to block it.
However, as a compromise only the trade aspects of
IPRs were included hence the name. The thinking was
that this could only cover matters related to trade.
49
As a result of this Agreement, the protection of intellectual
property became an integral part of WTO. The Agreement
covers each of the main areas of intellectual property. One of
these areas in patents includes plant variety protection.
Article 27.3(b) allows Member States to exclude plants and
animals from patent protection subject to the establishment
of an effective sui-generis system. Developing countries
Africa includedwere supposed to have put a sui-generis
systemin place by the end of 1999.
As a result of this Agreement, the protection of intellectual
property became an integral part of WTO. The Agreement
covers each of the main areas of intellectual property. One of
these areas in patents includes plant variety protection.
Article 27.3(b) allows Member States to exclude plants and
animals from patent protection subject to the establishment
of an effective sui-generis system. Developing countries
Africa includedwere supposed to have put a sui-generis
systemin place by the end of 1999. systemin place by the end of 1999.
The patent system of intellectual property rights denies
property rights to local and indigenous knowledge, practices
and innovations. TRIPs only recognises as worthy of
protection inventions that conform to the Northern definition.
Rights are recognized only when they generate profits and
capable of industrial application. This excludes all sectors of
society who produce outside the industrial code of production
and for social good. Furthermore, the innovation to be
accorded patent rights must be trade related.
systemin place by the end of 1999.
The patent system of intellectual property rights denies
property rights to local and indigenous knowledge, practices
and innovations. TRIPs only recognises as worthy of
protection inventions that conform to the Northern definition.
Rights are recognized only when they generate profits and
capable of industrial application. This excludes all sectors of
society who produce outside the industrial code of production
and for social good. Furthermore, the innovation to be
accorded patent rights must be trade related.
50
TRIPs TRIPs
TRIPs raises important questions for Africa in three main
areas:
Biopiracy: under TRIPs, the right of communities to control
their natural resources is not guaranteed. Indeed TRIPs
does not recognise a communitys ownership of the
resources it has tended for thousands of years
Farmers Rights: As with community Rights, farmers rights
TRIPs raises important questions for Africa in three main
areas:
Biopiracy: under TRIPs, the right of communities to control
their natural resources is not guaranteed. Indeed TRIPs
does not recognise a communitys ownership of the
resources it has tended for thousands of years
Farmers Rights: As with community Rights, farmers rights Farmers Rights: As with community Rights, farmers rights
are not provided for under the TRIPs agreement. TRIPs
does not permit farmers to save seed grown on their own
land for future use.
Health and Pharmaceuticals: Patents on pharmaceuticals
have led to high economic and social costs for countries and
peoples in Africa. As the Doha Declaration confirms, TRIPs
includes mechanisms intended to safeguard public health
while respecting intellectual property rights
Farmers Rights: As with community Rights, farmers rights
are not provided for under the TRIPs agreement. TRIPs
does not permit farmers to save seed grown on their own
land for future use.
Health and Pharmaceuticals: Patents on pharmaceuticals
have led to high economic and social costs for countries and
peoples in Africa. As the Doha Declaration confirms, TRIPs
includes mechanisms intended to safeguard public health
while respecting intellectual property rights
51
Manufacturers of medicinal drugs have taken advantage of
the TRIPs Agreement to brand and patent their drugs to
maximise on their profits. This has led to the suffering of
many people who cannot afford to buy the patented drugs
because of their high costs. WTO members, mostly
developing countries, realising the suffering that their
people were facing especially in the wake of HIV/AIDS,
Malaria and Tuberculosis, advocated for the November 2001
Doha Ministerial Conference to revoke certain provisions of
the TRIPs Agreement to curtail the Public Health problems
Manufacturers of medicinal drugs have taken advantage of
the TRIPs Agreement to brand and patent their drugs to
maximise on their profits. This has led to the suffering of
many people who cannot afford to buy the patented drugs
because of their high costs. WTO members, mostly
developing countries, realising the suffering that their
people were facing especially in the wake of HIV/AIDS,
Malaria and Tuberculosis, advocated for the November 2001
Doha Ministerial Conference to revoke certain provisions of
the TRIPs Agreement to curtail the Public Health problems the TRIPs Agreement to curtail the Public Health problems
countries were facing.
Negotiations on the Doha Declaration on TRIPs and Public
Health started in September 2002, with countries having
been given a deadline to come up with a solution by the
end of that year. No agreement was reached as other
countries were backtracking; especially the US and the
European Union who wanted to limit the scope of diseases
to be covered under the Declaration
the TRIPs Agreement to curtail the Public Health problems
countries were facing.
Negotiations on the Doha Declaration on TRIPs and Public
Health started in September 2002, with countries having
been given a deadline to come up with a solution by the
end of that year. No agreement was reached as other
countries were backtracking; especially the US and the
European Union who wanted to limit the scope of diseases
to be covered under the Declaration
52
World Intellectual Property
Organization (WIPO)
World Intellectual Property
Organization (WIPO)
The World I ntellectual Property
Organization (WI PO) is one of the 17 specialized
agencies of the united nations. WIPO was created in
1967 "to encourage creative activity, to promote the
protection of intellectual property throughout the world".
The World I ntellectual Property
Organization (WI PO) is one of the 17 specialized
agencies of the united nations. WIPO was created in
1967 "to encourage creative activity, to promote the
protection of intellectual property throughout the world".
WIPO currently has 184 member states, administers 24
international treaties and is headquartered in Geneva
Switzerland. The current Director-General of WIPO
is Francis Gurry, who took office on October 1,
2008. 183 of the Un memebers of WIPO. Non-members
are the states of small islands
WIPO currently has 184 member states, administers 24
international treaties and is headquartered in Geneva
Switzerland. The current Director-General of WIPO
is Francis Gurry, who took office on October 1,
2008. 183 of the Un memebers of WIPO. Non-members
are the states of small islands
53
World Intellectual Property
Organization (WIPO)
World Intellectual Property
Organization (WIPO)
The predecessor to WIPO was
the BIRPI (Bureaux Internationaux Runis
pour la Protection de la Proprit
Intellectuelle, French acronym for United
The predecessor to WIPO was
the BIRPI (Bureaux Internationaux Runis
pour la Protection de la Proprit
Intellectuelle, French acronym for United Intellectuelle, French acronym for United
International Bureaux for the Protection of
Intellectual Property), which had been
established in 1893 to administer the Berne
convention for the protection of literary and
Artistic works and the Paris Convention for
the Protection of Industrial Property.
Intellectuelle, French acronym for United
International Bureaux for the Protection of
Intellectual Property), which had been
established in 1893 to administer the Berne
convention for the protection of literary and
Artistic works and the Paris Convention for
the Protection of Industrial Property.
54
World Intellectual Property
Organization (WIPO)
World Intellectual Property
Organization (WIPO)
WIPO was formally created by
the Convention Establishing the World
Intellectual Property Organization, which
entered into force on April 26, 1970. Under
WIPO was formally created by
the Convention Establishing the World
Intellectual Property Organization, which
entered into force on April 26, 1970. Under entered into force on April 26, 1970. Under
Article 3 of this Convention, WIPO seeks to
"promote the protection of intellectual
property throughout the world." WIPO
became a specialized agency of the UN in
1974.
entered into force on April 26, 1970. Under
Article 3 of this Convention, WIPO seeks to
"promote the protection of intellectual
property throughout the world." WIPO
became a specialized agency of the UN in
1974.
55
The Agreement marked a transition for WIPO from
the mandate it inherited in 1967 from BIRPI, to
promote the protection of intellectual property, to
one that involved the more complex task of
promoting technology transfer and economic
development
Unlike other branches of the United Nations, WIPO
has significant financial resources independent of
The Agreement marked a transition for WIPO from
the mandate it inherited in 1967 from BIRPI, to
promote the protection of intellectual property, to
one that involved the more complex task of
promoting technology transfer and economic
development
Unlike other branches of the United Nations, WIPO
has significant financial resources independent of has significant financial resources independent of
the contributions from its Member States. In 2006,
over 90% of its income of just over CHF 250
million
[8]
was expected to be generated from the
collection of fees by the International Bureau (IB)
under the intellectual property application and
registration systems which it administers (the Patent
Cooperation Treaty, the Madrid system for trade
marks and the Hague systemfor industrial designs)
has significant financial resources independent of
the contributions from its Member States. In 2006,
over 90% of its income of just over CHF 250
million
[8]
was expected to be generated from the
collection of fees by the International Bureau (IB)
under the intellectual property application and
registration systems which it administers (the Patent
Cooperation Treaty, the Madrid system for trade
marks and the Hague systemfor industrial designs)
56
THANK YOU FOR YOUR THANK YOU FOR YOUR
ATTENTION ATTENTION !!
THANK YOU FOR YOUR THANK YOU FOR YOUR
ATTENTION ATTENTION !!
ANY QUESTIONS? ANY QUESTIONS?
57