6/22/2019

WORLDS COLLIDE
TRANSCENDING GLOBAL IP
TO LOCAL IP
Lecture - Atty. Nel Ediza | IP Laws

Global Initiatives-A history

◊ The disruptions of world economy caused
two world wars, thus stalled late 19th
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 world order in
the post war era.
2

1
 6/22/2019

United nations Monetary and

Financial conference “Bretton
Woods Conference”
 The United Nations Monetary and Financial Conference opened
on July 1, 1944 in Bretton Woods, New Hampshire. Forty-four
governments accepted the invitation of President Roosevelt to
come together for the purposes of promoting international
economic stability. U.S. Secretary of the Treasury Henry
Morgenthau was elected president of the Conference.

6/22/2019 3

“Bretton Woods 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 International
Bank for Reconstruction and Development, and
Commission III was to consider other means on
international financial cooperation

6/22/2019 4

2
 6/22/2019

“Bretton Woods 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.
 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 July 1-22,
1944
5

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 Japan had to rebuild their
production plants; this meant that these
countries required a large amount of foreign
capital.

3
 6/22/2019

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.
 (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.

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
(ITO). The US initiated negotiations with 22 other
countries that led to commitments to regulate
45,000 tariff rates.

4
 6/22/2019

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 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.

Journey from GATT to WTO

From a provisional agreement to an
Organisation:
 Havana Charter
 GATT (1 January 1948 – 31 December 1995)
 23 Contracting Parties  123
8 Rounds of Negotiations
 WTO was created finally on (1 January 1995)

10

5
 6/22/2019

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
Geneva (Kennedy
1964-67 Tariffs & AD 62
Rnd)
1973-79 Geneva (Tokyo Rnd) Tariffs, NTBs & 102
“framework
Agreements” 11

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.
 So GATT began its provisional existence on January 1,
1948, when 23 contracting parties signed the
agreement. However, US Congress refused in 1950 to
ratify the treaty establishing the ITO.

12

6
 6/22/2019

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)

WTO Objectives:
 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: Administer and implement the WTO agreements
 Forum for negotiations
 Administer Settlement of Disputes
 Administer Trade Policy Review Mechanism
 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
14
 Trade Policy Reviews

7
 6/22/2019

WTO: How does it work?

WTO Structure

Appellate
Ministerial Conference
Body
TPRB General Council DSB Dispute
Settlement
Panels
Goods Council Services Council CTD (Development)
CTE (Environment)
Committees Committees CRTA (Regionalism)
BOP
Budget
TRIPS WG (Accessions,
Council Investment, competition,
Government
Director-General Procurement)
15
Secretariat

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 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

8
 6/22/2019

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
 Article 4 - Convention Priority
 Article 6bis - Well-known Marks
 Article 6quinquies - telle quelle Registration
 Article 6sexies - Protection of Service Marks
 Article 6septies - Unauthorized Registration by Agent or
 Representative
 Article 8 - Protection of Trade Names
 Article 10 bis - Unfair Competition 17

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).
 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

9
 6/22/2019

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 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?

 The Patent Cooperation Treaty or PCT is an international
agreement for filing patent applications having effect in up
to 117 countries. Although the PCT system does 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
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

10
 6/22/2019

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,
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
 To overcome these problems, intellectual property offices
in many countries recommended that the written
description of an invention involving the use of a new
microorganism be 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 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
22
a patent.

11
 6/22/2019

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.
 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 from the soil in
exactly the same way 23

Madrid System for the International 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.
 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

12
 6/22/2019

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 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 International

Classification
 Nice Agreement Concerning the International Classification
of Goods and Services for the Purposes of the Registration
of Marks of June 15, 1957, as revised at Stockholm on
July 14, 1967,and at Geneva on May 13, 1977,and amended
on September 28, 1979
 Vienna Agreement Establishing an International
Classification of the Figurative Elements of Marks
 Done at Vienna on June 12, 1973 as amended on
October 1, 1985

26

13
 6/22/2019

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 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

 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 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

14
 6/22/2019

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 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

 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 author’s home country,
there was very little protection for copyright work.
 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
minimum protection levels that are required. 30

15
 6/22/2019

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
from the year the photograph was created
 For cinematography the minimum term is 50 years
after first showing, or, if the work has never been
shown, 50 years from the 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 from the death of the author.
31

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 an alternative to
the Berne Convention for those states which disagreed
with aspects of the Berne Convention, but still wished to
participate in some form of multilateral copyright
protection.

32

16
 6/22/2019

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 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
 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 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

17
 6/22/2019

Rome Convention
 The agreement extended copyright protection for the first
time from the 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 perform literary or artistic works) are
protected against certain acts they have not consented to.
 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 from those for which they gave their consent. 35

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.
 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

18
 6/22/2019

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;
 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?
 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 characteristics of
which are due exclusively or essentially to the
geographical environment, including natural and
human factors”.
38

19
 6/22/2019

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 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
 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
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

20
 6/22/2019

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.
 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 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.
 (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

21
 6/22/2019

Agreement on Trade-Related Aspects of

Intellectual 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
Intellectual Property Rights (or TRIPS Agreement)
set the standards for intellectual property
protection in the world today. It came into force
on 1 January 1995 and is binding on all members
of the World Trade Organization (WTO).

43

Trade-Related Aspects of Intellectual 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 include, amongst others, that patents be given for a minimum of
20 years; that patents may be given both for products and processes; and
that pharmaceutical test data be protected against ‘unfair commercial use’.

44

22
 6/22/2019

 The three main 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
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

Property Rights
 PART II Standards Concerning the Availability, Scope and Use of Intellectual
Property Rights

1. Copyright and Related Rights

2. Trademarks
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

23
 6/22/2019

Trade-Related Aspects of Intellectual Property

Rights
 PART III Enforcement of Intellectual Property Rights
1. General Obligations
2. Civil and Administrative Procedures and Remedies
3. Provisional 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
47

Trade-Related Aspects of Intellectual Property

Rights

 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

48

24
 6/22/2019

 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 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 included–were
supposed to have put a sui-generis system in 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

25
 6/22/2019

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 community’s ownership of the
resources it has tended for thousands of years
 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
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

26
 6/22/2019

World Intellectual Property Organization (WIPO)

 The World Intellectual Property Organization (WIPO) 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
53

World Intellectual Property Organization

(WIPO)
 The predecessor to WIPO was the BIRPI (Bureaux
Internationaux Réunis pour la Protection de la Propriété
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

27
 6/22/2019

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 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
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 system
for industrial designs)
56

28
 6/22/2019

SECTION 4. Definitions. - 4.1. The term

“intellectual property rights” consists of:

a) Copyright and Related Rights;

b) Trademarks and Service Marks;
c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated Circuits;
and
g) Protection of Undisclosed Information (n, TRIPS).

29
 6/22/2019

At the office of
the Intellectual Property in
the Philippines, there are
several categories wherein
a creator or innovator can
register their creation
under.

 A singleproduct may
consist of various
intellectual property. A
smartphone, for
example, contains
thousands that may fall
under patents, industrial
design, (for its distinct
shape and contours),
trademark and logo,
copyright, and layout
design.

30
 6/22/2019

PATENT
 A patent refers to the exclusive rights to a
product or process, as well as its
improvements—granted that the product or
process offers something new and useful.
 The inventor or creator with the patent has
the right to choose as to who can use, sell,
or even make something similar during its
2-year validity period.

TRADEMARK
 A trademark is a tool used to differentiate
services and goods from one another. It can
be in the form of a word or a group of
words; a sign, logo, or symbol. It could
even be a combination of those above.
 Essentialin marketing your products or
services, a trademark will help consumers
identify your brand among the many others
in the market. To protect your business’
trademark, it is advisable to have it
registered.

31
 6/22/2019

COPYRIGHT
 A copyright refers to the protection given to the
owner of an original work covering literary works,
musical pieces, paintings, and computer
programs, among others.
 Under the copyright laws, the owner of the
original work is entitled to economic rights and
moral rights. Economic rights enable the creator
to receive profit gains should his works be
distributed by third parties. Moral rights, on the
other hand, protect the connection between the
creator and his work.

Philippine Intellectual Property

(IP) Code
 Republic Act No. 8293, or the Philippine
Intellectual Property Code, is an act that
outlines the intellectual property rights of a
Filipino citizen, and the benefits to which
he/she is entitled. The law is divided into five
parts: the intellectual property office, the law
on patents, the law on trademarks, service
marks, and trade names, the law on copyright,
and other financial provisions.

32
 6/22/2019

HISTORY
The Intellectual Property Code
of the Philippines was signed
into law 22 years ago today and
became effective on January
1,1998.

 The Spanish Law on Intellectual Property, approved on

January 10,1879 and came into force in 1880, was the
first known copyright law in the Philippines. Under Spanish
laws, copyright is deemed as a property right
and governed by civil law but with special legislative
provisions.

 On patents, even if historical records can’t confirm when

the Spanish patent law of 1826 was administered and
adopted in the Philippines, some royal decrees pertaining
to the colonies passed in that period, saw the question of
patents placed under the jurisdiction of ordinary tribunals
in the Philippines. Patent applications from the Philippines
had to be sent to Spain for examination and grant.

33
 6/22/2019

 Following the outbreak of the Philippine revolution in

1896 and the defeat of Spain in the Spanish-American War,
the Treaty of Paris was signed between the European
country and the United States to formalise the end of
hostilities.

 The Treaty of Paris, signed in December of 1898 ended 300

years of Spanish colonial rule in the Philippines, and
dictated the cessation of the Philippines and Guam from
Spanish dominion to the American colonial order.

 Article 13 of the Treaty of Paris specifically made mention

of the existent intellectual property system in the
Philippines:

 “The rights of property secured by copyrights and patents

acquired by Spaniards in the Island of Cuba and in Porto
Rico, the Philippines and other ceded territories, at the
time of the exchange of the ratifications of this treaty,
shall continue to be respected…”

 In 1913, the Philippine legislature passed Act No. 2235

making United States’ patent laws applicable in the
Philippines.

34
 6/22/2019

 Act No. 3134, entitled, "An Act to Protect Intellectual

Property” was passed in 1924, making it the main
intellectual property law in effect until after Philippine
independence from the US in 1945. Act. No. 3134 was
based on the U.S. Copyright Law of 1909.

 As a newly independent state, the Philippines enacted two

laws strengthening the IP system in: Republic Act 165 and
Republic Act 166, establishing a patent office and allowing
for registration and protection of trade marks, trade
names, and service marks respectively, in 1947.

 During the Marcos administration, Presidential Decree No.

49, which governed copyright works, was passed and
superseded Act No. 3134.

 As a politically independent state from the mid-1940s

onwards, the Philippines also entered into international
conventions that laid out the foundations of the
intellectual property system we know today: the Berne
Convention for the Protection of Literary and Artistic
Works (1951), and the Rome Convention of International
Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organisations (1964).

35
 6/22/2019

 The Convention establishing the World Intellectual

Property Organisation (WIPO), came into force in
1980, of which the Philippines was already a signatory
of since the 1960s.

 More significantly, the Philippine Constitution

promulgated in 1987 recognised the importance of
intellectual property in Article XIV, Section 13: “The
State shall protect and secure the exclusive rights of
scientists, inventors, artists, and other gifted citizens
to their intellectual property and creations,
particularly when beneficial to the people, for such
period as may be provided by law.”

 Later on, as the Philippines progressively became a

member of the global community, it also adhered to the
Agreement on Trade-Related Aspects of Intellectual
Property Rights in 1995 following its entry into the World
Trade Organisation in the same year.

 In keeping with its commitment to these international

conventions and the Philippine Constitution, the Philippine
government consolidated the pending intellectual
property laws in 1997, and the efforts led to the passing
and enforcement of Republic Act 8293, the Intellectual
Property Code in 1998.

36
 6/22/2019

INTELLECTUAL PROPERTY RIGHTS

• Granted To Creators And Owners Of Works.

• Like – Invention
Of Idea, A Manuscript, A Suite Of Software,
Or A Business Name

•Aim - To Safeguard Creators And Other Producers Of

Intellectual Goods And Services .

Types of Intellectual Property Rights

 Copyright
 Geographical indication
 Industrial design rights
 IP cores used in electronic design
 Moral rights
 Patent
 Personality rights
 Plant breeders' rights
 Trade dress
 Trademark
 Trade secret
 Traditional knowledge
 Domain Name

37
 6/22/2019

WORLD INTELLECTUAL PROPERTY

ORGANIZATION

 A specialized agency of the United Nations.

 Develops a balanced and accessible international intellectual property (IP) system.
 Established by the WIPO Convention in 1967
 Headquarters:- Geneva and Switzerland.
 Goals:
To Promote An IP Culture
To Integrate IP Into National Development Policies & Programs
To Develop International IP Laws & Standards
To Deliver Quality Services In Global IP Protection Systems
To Increase The Effeciency Of WIPO.

COPY RIGHTS

 Enacted in the year 1957.

 Protects the expression of ideas but not the idea itself.
 Protects writer/ creator of the original work from unauthorized
reproduction of his materials.
 Encourages authors, composers, artists and designers to create
original works.
 For obtaining a copyright the work should be first published in
India. The creator should be a citizen of india.

38
 6/22/2019

Works protected by copyright

 Literary

 Dramatic

 Musical

 Artistic works

 Cinematographic

 Records

COPY LEFT
 Copy left – is licensing used to modify copyrights for
works.

 Copyleft characterized as a copyright licensing scheme

in which author surrenders some but not all rights
under copyright law.

 Types:-
(i) Strong And Weak Copy left
(ii) Full And Partial Copy

39
 6/22/2019

PIRACY
Piracy is the unauthorized duplication of an original
recording for commercial gain without the consent of the
rights owner.
Piracy comes in several varieties :
• End User Piracy
• Reseller Piracy
• BBS/Internet Piracy
• Trademark/Trade Name Infringement

Bootlegging
NAPSTER.COM
Counterfeiting
MUSIC PIRACY

Remix
Pirate Recordings

40
 6/22/2019

DA VINCI CODE
CONTROVERSY
INTRODUCTION:
The author of the Da Vinci code Mr. Dan Brown “lifted the central theme”
of the best selling novel from a non-fiction book about Jesus and the
Catholic church, the Holy Grail and the Holy Blood. The high court was told
on Monday, Feb. 27, 2006

FACTS:
 The Da Vinci code had lifted the central theme of the book the
theory that Jesus and Mary Magdalene married and had a child.
The Holy Blood and The Holy Grail, the claim was that there had
been non-literal copying of a substantial part of their literary work.
 However, the authors who sued Brown's publisher, The Random
House, lost their first court case in 2006.
CONCLUSION:
 Here's the point. The Holy Blood is a work of nonfiction. The Da
Vinci Code is a work of fiction, it's a novel, a thriller. Among textual
works protected by copyright law are:
 As a general observation, to sue for copyright breach it would have
been a lot easier for the plaintiff authors had their 1982 work also
been a work of fiction, a novel, a thriller.

41