Intellectual Property Law

Unit 2: The WIPO and the TRIPS

 Basic Facts about WIPO

WIPO’s Mission
• To promote the protection of IP rights (IPRs)
worldwide and extend the benefits of the international
IP system to all member States
• Status: A specialized UN Agency
• Member States: 183
• Treaties administered: 24
Brief History
• The need for international protection of IP became evident when foreign
exhibitors refused to attend the International Exhibition of Inventions in
Vienna in 1873 because they were afraid their ideas would be stolen.

• 1883 - Paris Convention for the Protection of Industrial Property

the first major international treaty designed to help the people of one
country obtain protection in other countries for their intellectual creations
in the form of industrial property rights. It entered into force in 1884 with
14 States, which set up an International Bureau to carry out administrative
tasks, such as organizing meetings of the member States.

• 1886 - the Berne Convention for the Protection of Literary and

Artistic Works
The aim of this Convention was to help nationals of its member States
obtain international protection of their right to control, and receive
payment for, the use of their creative works such as: novels, short stories,
poems, plays; songs, operas, musicals, sonatas; and drawings, paintings,
sculptures, architectural works.
• In 1893, these two small bureaux united to form the United
International Bureaux for the Protection of
Intellectual Property (BIRPI), which was based in Bern,
Switzerland, with a staff of 7, this small organization was the
predecessor of WIPO.

• In 1891, the Madrid Agreement was adopted and

provided for the first IP filing filing service for international
registration of marks.

• Convention Establishing WIPO in 1967

In 1967, a diplomatic conference was held in Stockholm at
which all the administrative clauses of all the then existing
multilateral treaties administered by BIRPI were revised and
a new convention was signed. With its headquarters in
Geneva, Switzerland

• WIPO became a specialized agency of the UN with a

mandate to administer IP matters in 1974.
WIPO’s Mission

Article 3 of the WIPO Convention

• To promote the protection of IP rights (IPRs)

worldwide and extend the benefits of the
international IP system to all member States

• To ensure administrative cooperation among the

intellectual property Unions established by the
treaties that are administered by WIPO.
Example of how the WIPO helped to promote the
protection of IP in Mauritius
The National Intellectual Property
Development Plan for the Republic of
Mauritius 2017
• Following a request by the Government, the WIPO
prepared a report on Mauritius, reviewed relevant
national development policies, strategies and plans;
the IP legal and administrative framework; IPR
enforcement and creative industry; identified
strengths and weaknesses and needs
• Provided measures that should be taken by the
government where appropriate.
Functions of the WIPO
Article 4 of the Convention Establishing the WIPO
In order to attain the objectives described in Article 3, the Organization, through its
appropriate organs, and subject to the competence of each of the Unions:
(i) shall promote the development of measures designed to facilitate the efficient
protection of intellectual property throughout the world and to harmonize national
legislation in this field;
(ii) shall perform the administrative tasks of the Paris Union, the Special Unions
established in relation with that Union, and the Berne Union;
(iii) may agree to assume, or participate in, the administration of any other
international agreement designed to promote the protection of intellectual property;
(iv) shall encourage the conclusion of international agreements designed to promote the
protection of intellectual property;
(v) shall offer its cooperation to States requesting legal-technical assistance in the field
of intellectual property;
(vi) shall assemble and disseminate information concerning the protection of
intellectual property, carry out and promote studies in this field, and publish the
results of such studies;
(vii) shall maintain services facilitating the international protection of intellectual
property and, where appropriate, provide for registration in this field and the
publication of the data concerning the registrations;
(viii) shall take all other appropriate action.
WIPO Administered Treaties
WIPO administers 26 treaties including the WIPO Convention.

1. IP Protection
Defines internationally agreed basic standards of intellectual
property (IP) protection in each country.

2. Global Protection System Treaties

Ensures that one international registration or filing will have
effect in any of the relevant signatory States. The services
provided by WIPO under these treaties simplify and reduce the
cost of making individual applications or filings in all the
countries in which protection is sought for a given IP right.

3. Classification Treaties
Create classification systems that organize information
concerning inventions, trademarks and industrial designs into
indexed, manageable structures for easy retrieval.
WIPO Services
• International Patent Application (PCT)
Cost-effective process for seeking patent protection internationally which
has numerous benefits for applicants. With just one PCT application, you
can seek patent protection in more than 1501 countries instead of filing a
separate application directly in each different country
• International Trademark Registration(Madrid Agreement)
Cost-effective process for obtaining and maintaining trademark protection
in multiple jurisdictions
• International Design Registration (Hague Convention)
Allows applicants to apply for industrial design protection simultaneously
in many countries or regions by filing a single application with WIPO
• Arbitration and Mediation Centre
The WIPO Arbitration and Mediation Center (the WIPO Center) is a
neutral, international and non-profit dispute resolution provider.
• Free IP and Technology database
WIPO offers free online access to global databases that make it easy for
anyone, anywhere to use the wealth of information in the IP system. Two of
WIPO’s key IP databases are PATENTSCOPE and the Global Brand
Database
WIPO Finance Structure
Source of WIPO income:
• Revenue from IP Member States
• Member State Contributions
• Others

Since 1994 WIPO has been following a unitary contribution

system

Each Member State of WIPO pays a single contribution, in

accordance with the contribution class to which it belongs,
rather than paying on the basis of the WIPO treaties to which
it is a member

Objective: To ensure that a member’s contribution remains

the same regardless of how many WIPO treaties it joins
External Offices of the WIPO
• WIPO’s network of external offices forms an integral
part of the Organization designed to bring services
and cooperation closer to the member states,
stakeholders and partners.

• External offices add clear value, efficiency and

effectiveness to program delivery

• Easier to respond to the specific needs and priorities

of the countries and regions they serve

• External Offices: Algeria, Brazil, China, Japan,

Nigeria, Russia, Singapore
WIPO and other International
Organisation
WIPO cooperate with member states, intergovernmental and
non-governmental organisations and the enterprise sector
worldwide

• As part of the UN agency, WIPO has to deal with other UN

agencies such as International Labour Organisation, World
Health Organisation, UNESCO, UNCTAD

• Major cooperation partner is the World Trade Organisation

(WTO).
• Cooperation agreement between WTO and WIPO: Trade-
Related Aspects of Intellectual Property Rights (TRIPs)

• Deal with other regional association IP offices. Ex: European

Patent Office, European Union
Mauritius and International IP Treaties
Mauritius is a party to:
1. Convention establishing the WIPO
2. Berne Convention of the Protection of Industrial Property
3. Paris Convention of the Protection of Indistrial Property
4. Agreement establishing the World Trade Organisation
5. The agreement on Trade-related Aspects of Intellectual
Property (TRIPS)
6. Convention on Biological Diversity
7. Nagoya Protocol on Access to Genetic Resources and the
Fair and Equitable Sharing of Benefits Arising from their
Utilisation
8. International Treaty on Plant Genetic Resources for Food
and Agriculture
9. Cartagena Protocol on Bio-Safety
10. Universal Copyright Convention
 2016-17 Budget Speech, the Minister of Finance
announced that Mauritius will adhere to the:

• Patent Cooperation Treaty (PCT)

• Hague Agreement
• Madrid Protocol to facilitate the registration of
patents, trademarks and industrial designs.

Signed but not ratified Treaties:

Beijing Treaty on Audiovisual Performances
Marrakesh VIP Treaty
 Mauritius IPR Stakeholders have expressed their
need accede to the following treaties:

• WIPO Copyright Treaty (WCT)

• WIPO Phonogram and Performers Treaty
(WPPT)
• International Convention for the Protection of
New Varieties of Plant (UPOV Convention)
• Lisbon agreement for the Protection of
Appellations of Origin and their International
Registration and the Geneva Act of the Lisbon
Agreement on Appellations of Origin and
geographical Indications.
TRIPS Agreement (Trade-Related Aspects of
Intellectual Property Rights)
• To facilitate the implementation of the TRIPS Agreement, the Council for
TRIPS concluded with WIPO an agreement on cooperation between WIPO
and the WTO

• Under TRIPS agreement WIPO has the responsibility:

a) To provide technical assistance to states in implementing TRIPS
b) Mutual access to documents and exchange of information between both
organisations

The areas of intellectual property that TRIPS covers

are: copyright and related rights (i.e. the rights of performers, producers
of sound recordings and broadcasting
organizations); trademarks ; geographical indications ; industrial
designs; patents ; and undisclosed information including trade secrets
and test data.

The three main features of the Agreement are:

a) Protection of Standard IPR
b) Enforcement of IPR
c) Dispute Prevention Settlement
Protection of standard IPR
• Sets out the minimum standards of protection to
be provided by each Member.
• Each of the main elements of protection is
defined, namely the subject-matter to be
protected, the rights to be conferred and
permissible exceptions to those rights, and the
minimum duration of protection.
Enforcement of IPR
• Sets out domestic procedures and remedies for
the enforcement of intellectual property rights.

• The Agreement lays down certain general

principles applicable to all IPR enforcement
procedures.

• Civil and criminal procedures

• Remedies available for IPR infringement

Dispute settlement
• The Agreement makes disputes between WTO
Members about the respect of the TRIPS
obligations subject to the WTO's dispute
settlement procedures.