ROLE OF WIPO IN PROTECTING THE INTELLECTUAL PROPERTY RIGHTS

AUTHORS:

Nandakrishna. M

Pursuing 3rd year B.B.A LLB (Hons.)

School of Legal Studies, Cochin University of Science and Technology (CUSAT)

Email: nandumwarrier@gmail.com

Mobile: 9400664419

Mohammed Razali K.A

Pursuing 3rd year B.Com LLB (Hons.)

School of Legal Studies, Cochin University of Science and Technology (CUSAT)

Email: razali0484@gmail.com

Mobile: 9447609353

ABSTRACT

The most important international organisational for the promotion of Intellectual property
worldwide is the WIPO, established in 1967. The convention establishing the WIPO was signed
at Stockholm on July 14, 1967. WIPO’s predecessors were the International Bureaus of the
Berne and Paris Unions, supervised by the Swiss Federal Council and united in an Organisation
called Bureau Internationaux Reunis pour la protection de la Propriete Intellectuelle, known as
BIRPI. WIPO currently has 191-member states. India joined the WIPO in the year 1975. The
WIPO has its Head Quarter in Geneva and it is a specialise, body of the UNO. The main
objective of the WIPO is to promote the protection of intellectual property throughout the world
through co-operation among the states and where appropriation in collaboration with any
international organisation and to ensure administrative co-operation among the Unions. The
mission of WIPO is to lead the development of a balanced and effective international
intellectual property system that helps in innovation and creativity for the benefit of all. The
mandate, procedures and governing bodies of the WIPO are set out in the WIPO Convection,
which established the Organisation in 1967. WIPO’s worldwide database make it simple for
anyone, anywhere, to access the wealth of the information in the IP system. The organisation
is based on a commitment for creating an inter-connected and inclusive knowledge sharing IP
infrastructure to support innovation globally.

WIPO provides the most comprehensive source of data on the intellectual property system
globally and also provides the best source of information on empirical studies, reports and
factual information on intellectual property. WIPO cooperate with IP offices from around the
world to provide the most reliable global IP data and they also publish statistical reports on
worldwide IP activity and on the use of WIPO administered treaties in protecting IP rights
internationally.

Through this paper we paint a detailed study of the role of WIPO in protecting the intellectual
property system globally.

INTRODUCTION

The leadership of the world in the 21st century will increasingly be possessed by those who
create and harness knowledge. This is evident from all the aspects of life such as trade and
industry, which are becoming more knowledge driven day by day. The markets also started
showing a tendency to move towards knowledge-intensive goods as high technology goods
have doubled their share of world merchandise exports from 11% in 1976 to 22% in 1996. A
nation’s ability to convert knowledge into wealth and social good through creativity and
innovation will determine its future standing in the comity of nations.

In today’s world, for both individuals and enterprises, confidence in the intellectual property
system acts as a powerful stimulus to creativity and innovation. This is because, in every
enterprise, whether it produces or delivers goods or services, the knowledge component is
becoming the predominant element in differentiating it from its competitors. Intellectual
property is defined in an all pervasive sense in Article 2(vii) of the Convention Establishing
the World Intellectual Property Organisation(WIPO) signed at Stockholm on July 14, 1967, to
include the rights relating to literary, artistic and scientific works, industrial designs;
trademarks; service marks and commercial names and designations; protection against unfair
competition; and importantly, specifies “and all other rights resulting from intellectual activity
in the industrial, scientific, literary or artistic fields. Enterprises and businesses need the
intellectual property system to protect their manufacturing secrets and other useful information,
to remain ahead in competition. The development of skill and competence to manage
intellectual property rights at the institutional, national, or international level, and to leverage
its influence is receiving increasing focus and attention by entrepreneurs, policymakers and
administrators across the globe. This need for a specialised institution to control and manage
intellectual property rights and give protection for the same worldwide lad to the establishment
of The World Intellectual Property Organisation (WIPO) in 1967. WIPO acts as a specialised
institution dedicated to ensure that the rights of creators and owners of intellectual property are
protected worldwide and that investors and authors are rewarded for their ingenuity. The
Organisation was established by a convention signed in Stockholm in 1967, began operations
in 1970 and became a specialised agency of the United Nations in December 1974. It is
headquartered in Geneva nd its membership consists of more than 180 countries as of now. Its
main policy making body is the General Assembly, which convenes every two years.

Origin and Development of WIPO

The Paris Convention for the Protection of Industrial Property which came into force in the
year 1884 can be regarded as the first milestone in the organisations history. It set up an
International Bureau not only to help organise meetings of the initial 14member states, but also
to perform the necessary administrative tasks. Then in September 1886, with the adoption of
the initial copyright treaty ie, The Berne Convention for the Protection of Literary and Artistic
Works, it also had an International Bureau for its administrative work. This was aimed at giving
creators the right to control and receive remuneration for their creative works. The first
international IP filing service was launched in 1891 with the adoption of the Madrid
Agreement. In 1893, the two panels set up for administering the Paris and Berne Conventions
merged to form an international organisation called BIRPI. Its headquarters was shifted from
Berne to Geneva in 1960 and ten years later, in 1970 BIRPI became WIPO, with the coming
into effect of the Convention Establishing the World Intellectual Property Organization, signed
in Stockholm on July 14. In 1974 WIPO joined the united Nations family of Organisations and
became a specialised agency of UN.1

In 1978, the WIPO Secretariat moved into its present headquarters building, which has become
one of the land marks in Geneva. With a staff now of nearly a thousand drawn from around the
world and with 179 States as members as on October 15, 2003 -over 90% of the world's
countries-WIPO is a dynamic entity whose goal was, and is, to administer intellectual property
throughout the world. As referred to in the preceding Chapter, Article 2(vii) of the WIPO
Convention lays down a very broad definition of intellectual property to include, inter alia, all
rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields
The growing mandate of WIPO which administers 23 treaties (two of these jointly with other
international organisations) envisions that it undertakes a varied programme of work and
adopts appropriate measures for the promotion of creative activity.

ROLE AND FUNCTIONS OF WIPO

WIPO works in close cooperation with its 184 Member States to promote intellectual property
around the globe and to ensure that all its members are in a position to reap the benefits of an
effective and affordable system of IP protection to promote wealth creation and economic
development. WIPO undertakes activities in three main areas, namely 1) the progressive
development of international intellectual property law, 2) assistance to developing countries to
build intellectual property capacity at national and regional levels and encourage more effective
use of IP as tool for economic development; and 3) services to industry and the private sector
facilitate the process of obtaining intellectual property protection in multiple countries. The
growing mandate of WIPO which administers 23 treaties invasions that it undertakes a varied
programme of works and adopt appropriate measures for the promotion of creative activity.
The important ones among them being:-

Patent Co-operation Treaty

The PCT assist applicants in seeking patent protection internationally for their invention, helps
patent officers with their patent granting decisi0ons and facilitates public access to a wealth of
technical information relating to those inventions. By filing one international patent application
under the PCT, applicants can simultaneously seek protection for an invention in very large

1
Intellectual Property and Competitive Strategies in the 21st Century; By Shahid Alikhan and Raghunath
Mashelkar
number of countries. The PCT is used by World major corporation, research institutions, and
universities when they seek international patent protection. As of now there are around 150
contracting states under the PCT.

The Madrid Agreement

The Madrid system or the international trade mark system is a convenient and cost-effective
solution for registering and managing trade-marks worldwide. Its legal basis is the multi-lateral
treaty “Madrid Agreement” concerning the International registration of marks of 1891 as well
as the protocol relating to Madrid Agreement (1989). The Madrid System mandates the user to
file a single application along with a prescribes fees to apply for protection in its 116
contracting countries. It also allows to modify renew expand once global trade-mark portfolio
through once centralised system.

Hague Agreement- The International Design System

The Hague system or the International Registration of Industrial Designs provides a practical
business solution for registering up to 100 designs in over 66 territories through filing one
single international application.2

Dispute Resolution Mechanism

For alternate dispute resolution and redressal, the WIPO has an Arbitration and Mediation
Center, which is a neutral, international and non-profit dispute resolution provider that offers
time-and cost-efficient alternative dispute resolution(ADR) process. It was established in 1994
in Geneva, with a further office in Singapore which was started in 2010. WIPO mediation,
arbitration and expert determination enable private parties to efficiently settle their domestic or
cross-border IP and technology disputes out of the court .The Center assists parties in the
selection of mediators, arbitrators and experts from the Center’s database of over 1500 neutrals
with experience in dispute resolution and specialised knowledge in intellectual property
disputes and administers the financial aspects of the proceedings which includes determining
the fees to be paid to the neutral after consultation with the parties. Through ADR, the parties
can agree to resolve in a single procedure a dispute involving intellectual property that is
protected in different countries and can thus avoid the expense and complexity of multi-
jurisdictional litigation, and the risk of inconsistent results. The Center also helps the parties to

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http://www.wipo.int
submit existing disputes to WIPO procedures in cases where they had not previously agreed
on a WIPO clause.

There is also a provision known as ECAF, or Electronic Case Facility which is aimed at
providing time and cost efficient proceedings for the users. It is accessible through the Center’s
website and allows for secure filing, storing and retrieval of case-related submission in an
electronic docket, by parties, neutrals and the Center, from anywhere in the world. It also
provides the users with facilities like case overview, time tracking and finance information.3

The mission of WIPO is to promote innovation and creativity for the economic, social and
cultural development of all countries, through a balanced and effective international intellectual
property system. Moving in furtherance of this objective, WIPO performs various other
activities.

It promotes the teaching of intellectual property law in universities through a non-governmental

organisation called ATRIP(International Association for the Advancement of Teaching and
Research in Intellectual Property).

Likewise, in respect of encouragement of inventions, WIPO has actively been promoting

inventive works and activities in various countries, focussing also on the potential of these
countries.

An important adjunct to WIPO’s meeting with its challenges in an increasingly globalised

economy and market, and the consequent need for inculcating a forward looking awareness, is
the establishment of the WIPO Worldwide Academy (WWA)4, with the purpose of serving as
an educational institution for teaching, training and research in intellectual property.

In 1998, WIPO set up a well-defined project- the WIPO NET, a global intellectual Property
Information network designed to provide a number of services, which could further promote a
global partnership in intellectual property management and information sharing.” WIPONET
will promote the progressive development and application of global standards and guidelines,
and enhance the worldwide use of strategic information for more effective protection and
enforcement of intellectual property rights”.5

3
Htpp:// www.wipo.int
4
Cf. WIPO Academy of Information Brochure 2002-2003.WIPO Publication No. 466(E) :www.wipo.net
5
Cf. General Information: WIPO. Publication No. 4000(E) , 2003
Awareness Programmes and Events

One of the key underlying theme of WIPO is that intellectual property is a strategic tool to
promote economic, social and cultural development. In an attempt to encourage broader and
more effective use of the system, the Organization has in recent years initiated new
programmes to raise awareness about the strategic value of IP among groups that have not
favourably embraced the system.

WIPO’s work with SMEs is one such programme. It is created to improve the understanding
and awareness among governmental, private and civil society institutions worldwide enabling
them to formulate and implement policies, programmes and strategies to enhance the strategic
use of Intellectual property assets by innovators and SMEs.The programme compiles and
disseminates guidelines, case studies and best practice models for creators, academia
inventors, entrepreneurs and SMEs through various media, CD-ROMs, papers and the Internet.
Training programmes for key partner institutions and business service providers on Intellectual
Property are also organized. Many events are organized by WIPO in this area to involve
representatives of indigenous peoples and local communities and other stakeholders. Since the
WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources,
Traditional Knowledge and Folkore (IGC) was first convened in 2001, special attention has
been paid to enhancing the participation of indigenous peoples and local communities in its
work. Over 150 NGOs have been especially accredited to the IGC. 6

CONCLUSION

In Today’s world, new and original knowledge and the creative expression of ideas provide the
basis for creating and sustaining business and enterprise competitiveness. Protecting such new
or original knowledge or creative expression of ideas has been considered by different
competitors in the marketplace as a key to prevent others from free-riding on the success and
goodwill of individuals or enterprises. Whenever there exists a competition, here is a necessity
of a neutral agency to regulate and control the affairs. WIPO plays that role and along with its
other activities, it helps in harmonising of national intellectual property legislations;
exchanging intellectual property information; providing legal and technical assistance to
countries and assists in infrastructure development of IP offices and copyright administrations.

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http://www. un-ngls.org/world intellectual property organisation(WIPO)