Jai Ganesaya Namaha

Intellectual Property Law and Information Technology Act, 2000

Write short notes on the following:

1. Paris convention, 1883

2. Berne convention, 1886

3. Rome Convention, 1961

4. Universal Copyright Convention, 1952 (UCC)

5. The International Trade Organization, 1948

6. The General Agreement on Tariffs and Trade (GATT)

7. World Trade Organization, 1995 (WTO)

8. World Intellectual Property Organization, 1967 (WIPO)

9. Patent Cooperation Treaty, 1970 (PCT)

10. Trade-Related Aspects of Intellectual Property Rights (TRIPs)

11. The United Nations Environment Assembly, 2012 (UNEA):

12. the Madrid Agreement, 1891

1. Paris Convention, 1883 for the Protection of Industrial Property

The Paris Convention, adopted in 1883, applies to industrial property in the widest sense,
including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and
the repression of unfair competition.
This international agreement was the first major step taken to help creators ensure that their intellectual works were
protected in other countries.
Summary of the Paris Convention for the Protection of Industrial Property (1883)
The Paris Convention applies to industrial property in the widest sense, including patents, trademarks, industrial designs,
utility models (a kind of "small-scale patent" provided for by the laws of some countries), service marks, trade names
(designations under which an industrial or commercial activity is carried out), geographical indications (indications of
source and appellations of origin) and the repression of unfair competition.
The substantive provisions of the Convention fall into three main categories: national treatment, right of priority,
common rules.
1. National treatment
The Paris Convention stipulates that each Contracting Nation must treat all nationals from the Convention’s member
states as equal when granting intellectual property protection (Paris Convention Article 2 and 3).
In addition, citizens of non-member states are also entitled to protection under the Convention provided they have
existing industrial or commercial establishments in a contracting country.
2. Right of Property
Regarding patents, trademarks, and industrial designs, the Convention grants the right of protection based on a first
come first served basis (Paris Convention Article 4).
Meaning, the first intellectual property claim filed in a member state takes precedent over future filings made in other
member countries.
As such, applicants can apply for intellectual property protection in any other member state using the date of the first
filing.
However, the provision is only applicable within a specified time period.
 Specifically, 12 months from the first filing for patents and utility models, and 6 months for industrial designs and
trademarks.
This stipulation is especially helpful since intellectual property protection remains widely territorial, only having
jurisdiction in a single country or within trade unions or other regional agreements.
As such, applicants can use this provision to leverage time to apply for protection in multiple jurisdictions without the
pressure of making multiple simultaneous applications.
3. Common Rules
The Paris Convention outlines a few general rules that its signatory states must follow:
o Patents granted for different member states for the same invention must operate independently. In fact, whether a
patent is granted, canceled, or declined in one country does not affect the status of that patent in other countries.
Also, the provision requires that the inventor be named in granted patents.
o Trademark registration requirements are not regulated by the Paris Convention. Instead, each member state must
determine its own guidelines based on its local laws. Similarly, registered marks must operate independently without
undue influence from other member countries. Also, member countries cannot refuse to register a mark because the
mark is not registered in its country of origin. However, registration may be denied in well-defined cases, for instance
where the application is preceded by a locally existing claim or infringes on the rights of a third party.
Conclusion
The Paris Convention of 1878 dealt with unfair competition at the most minimalistic and least controversial level.
Much was left to the national laws to determine on their own.
The bilateral agreements entered into between countries that subsequently became the Member States to the Paris
Convention were no longer necessary, as the Paris Convention provided either the same or more rights to nationals of
Member States than they had been previously granted under such bilateral agreements.
Currently, 176 States all over the world have signed the Paris Convention and provides common standards for
Intellectual Property protection in member states.
On Monday, September 7, 1998, India deposited its instrument of accession to two international treaties with the
Director General of WIPO in Geneva.
The two treaties were the Paris Convention for the Protection of Industrial Property and the Patent Cooperation
Treaty (PCT).

2. Berne Convention, 1886 for the Protection of Literary and Artistic Works
Imagine you put in months of effort to compose a musical piece.
While it releases and you bask in the success of its glory, you discover that it has been ripped by another composer from a
neighboring country.
If this had happened in 1885, it would have been considered legally acceptable, as there was no unified law that applied
to the protection of literary and artistic works beyond the borders of the country where it originated.
However, the adoption of the Berne Convention proved to be a major turning point in the life of artists and authors alike.
The Berne Convention, adopted in 1886, deals with the protection of works and the rights of their authors.
It provides creators such as authors, musicians, poets, painters etc. with the means to control how their works are used,
by whom, and on what terms.
It is based on three basic principles and contains a series of provisions determining the minimum protection to be
granted, as well as special provisions available to developing countries that want to make use of them.
What is the Berne Convention?
The Berne Convention is an international agreement that came into being in 1886 and was adopted by 8 countries
including the UK.
The agreement was first signed in Switzerland and today it has spread to regulate laws in more than 177 countries
across the world.
As of October 2022, there are 181 states that are parties to the Berne Convention.
India is a member of the Berne Convention of 1886 (as modified in Paris 1971) as well as the Universal Copyright
Convention of 1951.
As recent as 2018, India has also given it acceded to the WIPO Internet Treaties, i.e. the WIPO Copyright Treaty, 1986
(WCT) and the WIPO Performance and Phonogram Treaty, 1996 (WPPT).
These treaties are together called the WIPO Internet Treaties owing to the emphasis they put on the protection of rights
in the digital environment.
The basic focus of the Berne Convention is to extend the scope of security of the artists’ and authors’ creations beyond the
territories of their native land.
If you are an Arab who publishes a book in the UK, then the Berne Convention will cover you as an author.
Article 2 of the treaty endeavors to guard the originality of all literary works.
What type of Copyright protection does it offer?
The Berne Convention has defined a minimum protection period of 50 years after the demise of the author for all
tangible works.
The only exception to the protection term is for the works of photography and cinematography.
In this case, the minimum protection period for a photograph is 25 years from the year the picture was clicked and for
cinematography, 50 years from the date of creation or publication.
The treaty ensures that the rights of these creative individuals remain intact with them.
Berne Convention also assures artists and authors of legitimate flexibility to exercise control over their masterwork in
terms of adapting, disseminating, and reproducing it.
Apart from laying the foundation for a unified and unbiased approach to recognizing the copyright of works from other
countries, the international enactment expects its adherent countries to also deliver a set of minimum standards and to
seek special provisions when it comes to enforcing copyright laws.
Fundamental Principles of the Berne Convention
1. The first and basic principle stated in the Berne Convention speaks of equitable status on the protection of literary
and artistic creations that come into being from a contracting state.
2. The second principle of the Berne Convention upholds automatic protection of all works, regardless of any legal
formalities for protection.
This means that there are no prerequisites or conditions for authors and publishers to use the © symbol.
However, it would be best to get a copyright registered for protection and enforcement purposes and to avoid the
fear of being infringed upon.
Of course, this would also bring to your table a host of distinct advantages.
3. The final principle of the treaty guarantees protection to artistic and literary works and is independent of the
protection terms in the country where the work originated, with limited exceptions.

3. Rome Convention, 1961 for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
The Rome Convention secures protection in performances for performers, in phonograms for producers of phonograms
and in broadcasts for broadcasting organizations. WIPO is responsible for the administration of the convention jointly with
the International Labour Organization (ILO) and the United Nations Educational, Scientific and Cultural Organization
(UNESCO).
The Conference was held at Rome at the invitation of the Government of Italy from 10 to 26 October 1961.
Summary of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting
Organisations (1961)
The Rome Convention secures protection in performances for performers, in phonograms for producers of phonograms
and in broadcasts for broadcasting organizations.
(1) Performers (actors, singers, musicians, dancers and those who perform literary or artistic works) are protected
against certain acts to which they have not consented, such as the broadcasting and communication to the public of a live
performance; the fixation of the live performance; the reproduction of the fixation if the original fixation was made
without the performer's consent or if the reproduction was made for purposes different from those for which consent was
given.
(2) Producers of phonograms have the right to authorize or prohibit the direct or indirect reproduction of their
phonograms. In the Rome Convention, “phonograms” means any exclusively aural fixation of sounds of a performance or
of other sounds. Where 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,
to the producers of the phonograms, or to both. Contracting States are free, however, not to apply this rule or to limit
its application.
(3) Broadcasting organizations have 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.
The Rome Convention allows for limitations and exceptions to the above-mentioned rights in national laws as regards
private use, use of short excerpts in connection with reporting current events, ephemeral fixation by a broadcasting
organization by means of its own facilities and for its own broadcasts, use solely for the purpose of teaching or scientific
research and in any other cases where national law provides exceptions to copyright in literary and artistic works.
Furthermore, once a performer has consented to the incorporation of a performance in a visual or audiovisual fixation,
the provisions on performers' rights have no further application.
As to duration, protection must last at least until the end of a 20-year period computed from the end of the year in
which (a) the fixation was made, for phonograms and for performances incorporated therein; (b) the performance took
place, for performances not incorporated in phonograms; (c) the broadcast took place. However, national laws
increasingly provide for a 50-year term of protection, at least for phonograms and performances.
WIPO is responsible, jointly with the International Labour Organization (ILO) and the United Nations Educational,
Scientific and Cultural Organization (UNESCO), for the administration of the Rome Convention. These three organizations
constitute the Secretariat of the Intergovernmental Committee set up under the Convention consisting of the
representatives of 12 Contracting States.
The Convention does not provide for the institution of a Union or budget. It establishes an Intergovernmental Committee
composed of Contracting States that considers questions concerning the Convention.
This Convention is open to States party to the Berne Convention for the Protection of Literary and Artistic Works (1886)
or to the Universal Copyright Convention. Instruments of ratification or accession must be deposited with the Secretary-
General of the United Nations. States may make reservations with regard to the application of certain provisions.
As of August 2021, the treaty has 96 contracting parties, with a party defined as a State which has consented to be
bound by the treaty and for which the treaty is in force.
India is not a signatory to the Rome Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations (Rome Convention) even though research indicates that national industries of culturally rich
developing countries have much to gain from it. It has not even acceded to the Beijing Treaty on the Audiovisual
Performances (BTAP), the most recent international copyright treaty aimed at protecting the audio visual services
industry despite the fact that India has the largest audio visual industry in the world.

4. The Universal Copyright Convention, 1952 (UCC)

The Universal Copyright Convention (UCC) is an international instrument which was drawn up in 1952, in Geneva, under
the auspices of UNESCO as an alternative to the Berne convention.
The convention came into force in 1955.
If it were to be as universal as its title claims, the Convention not only had to recognize copyright as a human right but
also to act as a kind of bridge between the world's different legal and social systems.
As an attempt to devise a legal common denominator which would foster respect for the rights of creators and also
encourage the international circulation of literary, scientific and artistic works, the UCC had a dual thrust.
Before the Second World War, steps had already been taken to remedy the paradoxical situation whereby the United
States was cut off, legally speaking, from the countries of Europe and Asia which since 1886 had become signatories to
the Berne Convention – the International Convention for the Protection of Literary and Artistic Works.
Under United States law authors could only be protected if they carried out certain administrative formalities such as
registering their work with the US Copyright Office.
This legislation had affinities with that relating to industrial property, which only recognized an inventor's rights if his or
her invention had been registered.
This requirement stood in the way of the United States' accession to the Berne Convention, which enshrines the principle
that a work is protected purely by virtue of its creation.
There was thus no legal mechanism whereby a work originating in the United States could be protected in Japan or in
the countries of Western Europe, or whereby a work originating in the latter countries could be protected in the United
States except when the requirements of American law were observed.
The Universal Copyright Convention of 1952 provides a simple and ingenious solution to this problem.
It prescribes that the formalities required by the national law of a contracting state shall be considered to be satisfied if
all the copies of a work originating in another contracting state carry the symbol ©, accompanied by the name of the
copyright owner and the year of first publication.
Ratified by the United States and by almost all the states parties to the Berne Convention, the UCC has successfully
served its purpose as a pathway of communication between different legal systems, while also improving the international
protection of intellectual works.
The creators of the UCC set themselves another goal in relation to the universality asserted by its title.
They wished to anticipate and provide for the prospect following the Second World War of a considerable increase in the
number of sovereign states as a consequence of decolonization.
Legal norms for the protection of authors should be sufficiently flexible and open to accommodate states at different
stages of development, or states belonging to different economic and social systems.
These norms could thus not be as precise and restrictive as those of the Berne Convention, while nevertheless providing
sufficient recognition of authors’ rights.
The 1952 Convention satisfies these two conditions. Its protective norms are expressed in the form of general principles
which can be given different shades of interpretation depending on the specific identity of each state.
The Convention limits the term of protection of copyright to twenty-five years after an author's death, thus permitting
the accession of the USSR. But correlatively the Convention provides for the works of the citizens of each contracting
state the same protection in other contracting states as it does for the works of authors belonging to those states.
The prohibition of any discrimination in a given state between authors who are nationals of that state and foreign
authors who may invoke the Convention is evidence of a universal concept of the protection of intellectual works.
The 1952 Convention created a legal structure which could accommodate the United States, the USSR, the industrially
developed countries and the developing countries.
It also influenced its predecessor, the Berne Convention.
Fruitful cooperation led to the closer alignment of the two Conventions, which were revised in 1971.
This revision gave concrete form to the twofold movement initiated in 1952 by the UCC: furtherance of the legal rights
of creators and acknowledgement of the specific needs of developing countries.
Since almost all countries are either members or aspiring members of the World Trade Organization (WTO), and thus
comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), the UCC has
lost significance.
India is a member of most prestigious international copyright conventions governing the area of copyright law, including
the following:
• The Berne Convention of 1886 (modified in 1971 at Paris),
• The Universal Copyright Convention of 1951,
• The Rome Convention of 1961
• The Agreement on (TRIPS) Trade-Related Aspects of Intellectual Property Rights
• Earlier, India was not a member of the (WTC) WIPO Copyright Treaty and (WPPT) the WIPO Performances and
Phonograms Treaty but subsequently entered the treaty in 2013.
5. The International Trade Organization (ITO)
On 18 February 1946 the Economic and Social Council of the United Nations decided to call an International Conference
on Trade and Employment.
At the same time, the Council established a Preparatory Committee to prepare, for consideration at the Conference, an
agenda and a draft charter for an International Trade Organization.
The Preparatory Committee first met on 15 October 1946 and completed its work on the draft charter on 22 August
1947.
The United Nations Conference on Trade and Employment, held at" Havana from 21 November 1947 to 24 March
1948, drew up the final text of the charter (officially known as the "Havana Charter").
Fifty-four of the 56 countries participating in the Conference signed the Final Act of the Conference, which authenticated
the text of the Havana Charter. As provided in the Havana Charter, the objectives of the International Trade
Organization are:
• to assure a large and steadily growing volume of real income and effective demand;
• to increase the production, consumption, and exchange of goods;
• to help promote industrial and general economic development, particularly of those countries in the early stages
of industrial development ;
• to encourage the international flow of capital for productive investment ;
• to further the enjoyment by all countries on equal terms of access to the markets, products, and productive
facilities needed for their economic prosperity and development ;
• to promote the reduction of tariffs and other trade barriers and the elimination of discriminatory, treatment in
international commerce;
• to enable countries, by increasing opportunities fer their trade and development, to abstain from measures
'disrupting world commerce and reducing employment; and
• to facilitate the solution of problems relating to international trade in the fields of employment, economic
development, commercial policy, business practices, and commodity policy.

6.The General Agreement on Tariffs and Trade, 1947 (GATT)

INTERIM ARRANGEMENTS AND POSTPONEMENT OF ITO
The Interim Commission (ICITO) established by the Havana Conference, composed of 52 countries which approved the
resolution establishing it, held its first meeting in Havana on 20 March 1948 and elected and delegated its powers to an
Executive Committee of eighteen members.
The Executive Committee met in Havana on 24 March 1948 and again at Geneva from 25 August t« 15 September
1948.
The main task of the Interim Commission was' to prepare the ground for the first session of ITO, including a plan of work
for the first year of the Organization, the budget, the site for ITO headquarters, relations with the United Nations, the
specialized agencies and other inter- and nongovernmental organizations.
The Havana conference began on 21 November 1947, less than a month after GATT was signed.
The ITO Charter was finally agreed in Havana in March 1948, but ratification in some national legislatures proved
impossible.
The most serious opposition was in the US Congress, even though the US government had been one of the driving forces.
In 1950, the United States government announced that it would not seek Congressional ratification of the Havana
Charter, and the ITO was effectively dead.
So, the GATT became the only multilateral instrument governing international trade from 1948 until the WTO was
established in 1995.
THE GENERAL AGREEMENT ON TARIFFS AND TRADE, 1947 (GATT)
While the charter for ITO was in course of preparation, the members of the Preparatory Committee decided to proceed
with tariff negotiations among themselves instead of waiting for the Organization to come into existence, thereby
promoting one of the most important objectives of ITO.
The Preparatory Committee also sponsored the discussions which led to the formulation of the General Agreement on
Tariffs and Trade (GATT).
The tariff negotiations were held at Geneva from 10 April 1947 to 30 October 1947 when the 23 participating
countries signed a Final Act which authenticated the text of the GATT.
The General Agreement on Tariffs and Trade (GATT), signed in 1947 by 23 countries, is a treaty minimizing barriers to

international trade by eliminating or reducing quotas, tariffs, and subsidies.

It was intended to boost economic recovery after World War II.

GATT was expanded and refined over the years, leading to the creation in 1995 of the World Trade Organization (WTO),

which absorbed the organization created to implement GATT.

By then, 125 nations were signatories to its agreements, which covered about 90% of global trade.

KEY TAKEAWAYS
• The General Agreement on Tariffs and Trade (GATT) was signed by 23 countries in October 1947, after World
War II, and became law on Jan. 1, 1948.
• The purpose of the GATT was to make international trade easier.
• The GATT held eight rounds in total, from April 1947 to December 1993, each with significant achievements
and outcomes.5
• In 1995, the GATT was absorbed into the World Trade Organization (WTO), which extended it.
History of the General Agreement on Tariffs and Trade (GATT)
The GATT held eight rounds of meetings—the first beginning in April 1947, the last ending in December 1993. Each of
the conferences had significant achievements and outcomes.
• The first meeting was in Geneva, Switzerland, and included 23 countries. The focus of this opening conference
was on tariffs.
The members established tax concessions touching more than US$10 billion of trade around the globe.
• The second series of meetings began in April 1949 and were held in Annecy, France. Again, tariffs were the
primary topic.
Thirteen countries were at the second meeting, and they accomplished an additional 5,000 tax concessions
reducing tariffs.
• Starting in September 1950, the third series of GATT meetings occurred in Torquay, England. This time 38
countries were involved, and almost 9,000 tariff concessions passed, reducing tax levels by as much as 25%.
• Japan became involved in the GATT for the first time in 1956 at the fourth meeting along with 25 other
countries.
The meeting was in Geneva, and again the committee reduced worldwide tariffs, this time by US$2.5 billion.
This series of meetings and reduced tariffs would continue, adding new GATT provisions in the process. In 1964, the
GATT began to work toward curbing predatory pricing policies. These policies are known as dumping. Then in the 1970s,
an arrangement regarding international trade in textiles, known as the Multifibre Arrangement (MFA), came into force.
The next big event was the Uruguay Round, which lasted from 1986 to 1993, with the agreements signed in 1994, and
created the WTO.
The average tariff rate fell from around 22% when the GATT was first signed in Geneva in 1947 to around 5% by the
end of the Uruguay Round. As the years have passed, the countries continued to attack global issues, including addressing
agriculture disputes and working to protect intellectual property.
Why was the GATT replaced by the World Trade Organization (WTO)?
The GATT, though largely successful in its goal, was said to lack a coherent institutional structure.
From 1948 to 1994, the General Agreement on Tariffs and Trade (GATT) provided the rules for much of world trade
and presided over periods that saw some of the highest growth rates in international commerce.
It seemed well-established, but throughout those 47 years, it was a provisional agreement and organization.
In short, it was a legal agreement acting as an international organization.
Seven rounds of negotiations occurred under GATT before the eighth round—the Uruguay Round—concluded in 1994
with the establishment of the World Trade Organization (WTO) as the GATT's replacement.
The GATT principles and agreements were adopted by the WTO, which was charged with administering and extending
them.
The World Trade Organization (WTO) incorporates the principles of the GATT and is better positioned to carry them out
because, among other things, it is better versed in issues like intellectual property, has a faster dispute settlement system,
and wields more power.

7. The World Trade Organization (WTO)

There are a number of ways of looking at the World Trade Organization.
It is an organization for trade opening.
It is a forum for governments to negotiate trade agreements.
It is a place for them to settle trade disputes.
It operates a system of trade rules.
Essentially, the WTO is a place where member governments try to sort out the trade problems they face with each other.
What does it do ?
The World Trade Organization — the WTO — is the international organization whose primary purpose is to open trade
for the benefit of all.
The WTO is run by its member governments.
All major decisions are made by the membership as a whole, either by ministers (who usually meet at least once every
two years) or by their ambassadors or delegates (who meet regularly in Geneva).
What it stands for ?
The WTO agreements are lengthy and complex because they are legal texts covering a wide range of activities.
But a number of simple, fundamental principles run throughout all of these documents.
These principles are the foundation of the multilateral trading system.
10 things the WTO can do are
The WTO can ...
1 ... cut living costs and raise living standards
2 ... settle disputes and reduce trade tensions
3 ... stimulate economic growth and employment
4 ... cut the cost of doing business internationally
5 ... encourage good governance
6 ... help countries develop
7 ... give the weak a stronger voice
8 ... support the environment and health
9 ... contribute to peace and stability
10 ... be effective without hitting the headlines
India has been a WTO member since 1 January 1995 and a member of GATT since 8 July 1948.

8. World Intellectual Property Organization, 1967 (WIPO)

The World Intellectual Property Organization (WIPO) is one of the 15 specialized agencies of the United Nations (UN).
Pursuant to the 14th July, 1967 convention at Stockholm establishing the World Intellectual Property Organization,
WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as
well as international organizations and entered into force on 26 April, 1970. The Headquarters of WIPO is at Geneva.
It began operations on 26 April 1970 when the convention entered into force.
The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore,
who began his term on 1 October 2020.
The objectives of WIPO are:
• To promote the protection of intellectual property worldwide.
• To ensure administrative cooperation among the Intellectual Property Unions established by the treaties that
WIPO administers;
 • To harmonise national intellectual property legislation and procedures;
• Provide services for international applications for intellectual property rights;
• Exchange information on intellectual property;
• Provide legal and technical assistance to developing countries;
• Facilitate the resolution of private intellectual property disputes; and
• Marshal information technology as a tool for storing, accessing and using valuable intellectual property
information.
Functions of WIPO:
• WIPO services provide efficient and cost-effective solutions across the entire intellectual property life cycle,
helping to protect inventions, trademarks, designs and geographical indications internationally;
• resolve intellectual property and domain name disputes; and – access global intellectual property data.
• WIPO's activities include hosting forums to discuss and shape international IP rules and policies, providing global
services such as providing reports and statistics on the state of IP protection or innovation both globally and in
specific countries.
• WIPO also works with governments, nongovernmental organizations (NGOs), and individuals to utilize IP for
socioeconomic development.
WIPO administers 26 international treaties that concern a wide variety of intellectual property issues, ranging from the
protection of audiovisual works to establishing international patent classification.
WIPO allowed members who were part of the Berne Convention, Paris Convention or a member of the United Nations
system including the United Nations, any of its specialized agencies, the International Atomic Energy Agency or the
International Court of Justice.
It is governed by the General Assembly and the Coordination Committee, which together set policy and serve as the main
decision making bodies.
The General Assembly also elects WIPO's chief administrator, the Director General, appointed for a fixed term which is not
less than six years.
WIPO is administered by International Bureau, the Secretariat that helps carry out its day-to-day activities.
Headquartered in Geneva, Switzerland, WIPO has "external offices" around the world, including in Algiers (Algeria); Rio de
Janeiro (Brazil); Beijing (China), Tokyo (Japan); Abuja (Nigeria); Moscow (Russia); and Singapore (Singapore).
Unlike most UN organizations, WIPO does not rely heavily on assessed or voluntary contributions from member states; 95
percent of its budget comes from fees related to its global services.
WIPO currently has 193 member states, including 190 UN member states and the Cook Islands, Holy
See and Niue; Palestine has permanent observer status.
The only non-members, among the countries recognised by the UN are the Federated States of
Micronesia, Palau and South Sudan.

World Intellectual Property Organization (WIPO), international organization designed to promote

the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials
(literary, musical, photographic, and other artistic works).
The organization, established by a convention signed in Stockholm in 1967, began operations in 1970 and became a
specialized agency of the United Nations in December 1974. It is headquartered in Geneva.
The origins of WIPO can be traced to 1883, when 14 countries signed the Paris Convention for the Protection of
Industrial Property, which created intellectual-property protections for inventions, trademarks, and industrial designs.
The convention helped inventors gain protection for their works outside their native countries.
In 1886 the Berne Convention required member countries to provide automatic protection for works that were produced
in other member countries.
The two organizations, which had established separate secretariats to enforce their respective treaties, merged in 1893 to
become the United International Bureau for the Protection of Intellectual Property (BIRPI), which was based in
Bern, Switzerland.
In 1960 BIRPI moved its headquarters to Geneva.
The aims of WIPO are twofold. First, through international cooperation, WIPO promotes the protection
of intellectual property.
The organization now administers more than 20 intellectual-property treaties.
Second, WIPO supervises administrative cooperation between the Paris, Berne, and other intellectual unions regarding
agreements on trademarks, patents, and the protection of artistic and literary works.
WIPO’s role in enforcing intellectual-property protections increased in the mid 1990s, when it signed a cooperation
agreement with the World Trade Organization.
As electronic commerce grew through the development of the Internet, WIPO was charged with helping to resolve
disputes over the use of Internet domain names.
WIPO’s membership consists of 193 countries.
Its main policy-making body is the General Assembly, which convenes every two years.
WIPO also holds a biennial conference, which determines the organization’s budget and programs.
More than 170 nongovernmental organizations maintain observer status.

9. Patent Cooperation Treaty, 1970 (PCT)

What is Patent Cooperation Treaty?
The Patent Cooperation Treaty (PCT) is an international IP agreement that provides patent protection in several
countries through the filing of a single common application.
The treaty, governed by the World Intellectual Property Organization (WIPO), has more than 150 nations as signatories,
who are also known as PCT Contracting States.
Filing patent applications under PCT implies securing legal protection for an invention under patent law in more than
150 countries at once.
Major global corporations, research institutes and universities seek patent protection via PCT.
It safeguards applicants against accidental errors which are far more likely to occur if a separate application is filed in
every country of interest.
The PCT was concluded in 1970, amended in 1979, and modified in 1984 and 2001.
It is open to States party to the Paris Convention for the Protection of Industrial Property (1883).
Instruments of ratification or accession must be deposited with the Director General of WIPO.
The Treaty makes it possible to seek patent protection for an invention simultaneously in each of a large number of
countries by filing an "international" patent application.
Such an application may be filed by anyone who is a national or resident of a Contracting State.
It may generally be filed with the national patent office of the Contracting State of which the applicant is a national or
resident or, at the applicant's option, with the International Bureau of WIPO in Geneva.
The international application is then subjected to what is called an "international search."
That search is carried out by one of the major patent offices appointed by the PCT Assembly as an International
Searching Authority (ISA).
The said search results in an "international search report," that is, a listing of the citations of such published documents
that might affect the patentability of the invention claimed in the international application.
At the same time, the ISA prepares a written opinion on patentability.
Advantages of the Patent Cooperation Treaty (PCT)
Emerging as the cornerstone of the international patent system, PCT simplifies the managing and processing of patent
applications. The benefits of the treaty include:
▪ Parallel Patent Protection
When an applicant files for patent in the US, it’s likely to preclude the chances of obtaining patent protection in other
countries. That’s where the role of PCT comes in. The treaty allows businesses to have simultaneous protection under
patent law in the PCT contracting States, including the US.
▪ Comprehensive International Patent Search
 When one files a patent application with WIPO under PCT, the organization conducts a global patent search that
enables applicants to find out whether the invention can be patented across the world. This knowledge can
significantly affect the very decision of patenting the invention itself. For instance, if a patent is found to be
unpatentable after disclosure in a PCT application, it can prompt a decision to withdraw the application, preventing
the cost of national phase filing. Hence, it is also an efficient method of managing risk.
▪ Time-effective Application Process
Filing separate patent applications in all the PCT Contracting States would require amending the application
according to the rules and regulations of each member country. The process will not only be daunting but also time-
consuming. The treaty accelerates all your patent applications globally. Some of the PCT Contracting States also have
PCT-Patent Prosecution Highway Agreements that enable even faster processing.
▪ Strong Grounds for Patenting Decision
Once an applicant files a patent application under PCT, WIPO sends a global patent search report and an opinion on
the patentability of the product – both make obtaining grant of a patent in selected countries considerably easier.
The information also plays a critical role in assessing the prospects of acquiring a patent.
▪ Opportunity to amend applications
Applicants get an opportunity to amend a PCT application before entering national phase countries. Amendments can
be made on a voluntary basis or in order to address the search and examination report which is issued by PCT.
Disadvantages of Patent Cooperation Treaty (PCT)
On the other side of the coin, PCT has certain disadvantages too. However, its benefits surpass the negligible
limitations. Some of the drawbacks of the treaty are:
▪ Limited Patent Coverage
You can obtain only utility patents through patent applications under the PCT. You can’t patent a design through this
process. The process also creates examination delays and it takes more time to acquire patent via PCT route. But PCT
gives you additional 18/19 months to select the countries of interest.
▪ Costlier Patent Process
The PCT also makes the patent process a bit costlier as it requires an applicant to prosecute the application separately
in each country. It also costs attorney fees in international phase. However, the process can provide favorable and
cost-effective solutions such as streamlined prosecutions. However, PCT fee reductions are available when the PCT
application is filed electronically or the applicants belonging to developing countries get 90% reduction in the official
filing fee.
On Monday, September 7, 1998, India deposited its instrument of accession to two international treaties with the
Director General of WIPO in Geneva.
The two treaties were the Paris Convention for the Protection of Industrial Property and the Patent Cooperation
Treaty (PCT).

10.Trade-Related Aspects of Intellectual Property Rights (TRIPs)

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which came into effect on 1
January 1995, is to date the most comprehensive multilateral agreement on intellectual property. It plays a central role
in facilitating trade in knowledge and creativity, in resolving trade disputes over IP, and in assuring WTO members the
latitude to achieve their domestic policy objectives. It frames the IP system in terms of innovation, technology transfer
and public welfare. The Agreement is a legal recognition of the significance of links between IP and trade and the need for
a balanced IP system.
The areas of intellectual property that it covers are: copyright and related rights (i.e. the rights of performers, producers
of sound recordings and broadcasting organizations); trademarks including service marks; geographical
indications including appellations of origin; industrial designs; patents including the protection of new varieties of plants;
the layout-designs of integrated circuits; and undisclosed information including trade secrets and test data.
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. 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. The Agreement sets these
standards by requiring, first, that the substantive obligations of the main conventions of the WIPO, the Paris
Convention for the Protection of Industrial Property (Paris Convention) and the Berne Convention for the
Protection of Literary and Artistic Works (Berne Convention) in their most recent versions, must be complied
with. With the exception of the provisions of the Berne Convention on moral rights, all the main substantive
provisions of these conventions are incorporated by reference and thus become obligations under the TRIPS
Agreement between TRIPS Member countries. The relevant provisions are to be found in Articles 2.1 and 9.1 of
the TRIPS Agreement, which relate, respectively, to the Paris Convention and to the Berne Convention.
Secondly, the TRIPS Agreement adds a substantial number of additional obligations on matters where the pre-
existing conventions are silent or were seen as being inadequate. The TRIPS Agreement is thus sometimes
referred to as a Berne and Paris-plus agreement.
• 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. In addition, it contains provisions on civil and administrative procedures and
remedies, provisional measures, special requirements related to border measures and criminal procedures, which
specify, in a certain amount of detail, the procedures and remedies that must be available so that right holders
can effectively enforce their rights.
• Dispute settlement. The Agreement makes disputes between WTO Members about the respect of the TRIPS
obligations subject to the WTO's dispute settlement procedures.
In addition the Agreement provides for certain basic principles, such as national and most-favoured-nation treatment,
and some general rules to ensure that procedural difficulties in acquiring or maintaining IPRs do not nullify the
substantive benefits that should flow from the Agreement. The obligations under the Agreement will apply equally to all
Member countries, but developing countries will have a longer period to phase them in. Special transition arrangements
operate in the situation where a developing country does not presently provide product patent protection in the area of
pharmaceuticals.
The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of
intellectual property if they so wish. Members are left free to determine the appropriate method of implementing the
provisions of the Agreement within their own legal system and practice.

The intellectual property right regime of India has been modified by a number of legislations since 1995. For India, the
WTO's TRIPs agreement became binding from 2005 onwards as the country has got a ten-year transition period (1995-
2005) to make the domestic legislation compatible with TRIPs.

11.The United Nations Environment Assembly, 2012 (UNEA):

The United Nations Environment Assembly is UNEP's governing body. Created in 2012 to replace the Governing Council,
it currently has 193 members and meets every two years.
The United Nations Environment Assembly is the world’s highest-level decision-making body on the environment, with a
universal membership of all 193 Member States.
The Assembly meets biennially in Nairobi, Kenya, to set priorities for global environmental policies and develop
international environmental law.
Through its ministerial declaration and resolutions, the Assembly provides leadership, catalyzes intergovernmental action
on the environment, and contributes to the implementation of the UN 2030 Agenda for Sustainable Development.
The UN Environment Assembly is also the governing body of the UN Environment Programme.
It has had five sessions starting in 2014 and was preceded by the Governing Council of the UN Environment Programme,
which was composed of 58 member States.
 The United Nations Environment Programme (UNEP) is responsible for coordinating responses to environmental issues
within the United Nations system.
It was established by Maurice Strong, its first director, after the United Nations Conference on the Human
Environment in Stockholm in June 1972.
Its mandate is to provide leadership, deliver science and develop solutions on a wide range of issues, including climate
change, the management of marine and terrestrial ecosystems, and green economic development.
The organization also develops international environmental agreements; publishes and promotes environmental
science and helps national governments achieve environmental targets.

UNEP's main activities are related to:

• Climate Change
o UNEP is a partner of the Territorial Approach to Climate Change, which engages governmental entities
in climate resilience efforts.
• Disasters and Conflicts
o UNEP has endeavored to lighten the influence of emergencies or natural disasters on human health and
to prepare for future disasters. It contributes to the reduction of the origin of disasters by controlling
the balance of ecosystems and actively support Sendai Framework for Disaster Risk Reduction, which
aims to reduce the risk of disasters (DRR). As well as preventing natural disasters, the UNEP supports
countries such as to make laws or policies which protect the countries from getting serious damage by
disasters. Since 1999 it has helped 40 countries to recover from the effect of disasters.
• Ecosystem Management
• Environmental Governance
• Environment under Review
o UNEP provides information and data on the global environment to stakeholders including
governments, non-governmental organizations and the public for them to engage in realizing
the Sustainable Development Goals. The information which UNEP shares is based on the latest science
and is collected in a proper way. This makes policy makers find reliable information effectively.
Through this The Environment Outlook and the Sustainable Development Goals stakeholders can have
access to information easily. In addition, the UN environment Live Platform and Online Access to
Research in Environment (OARE) provide transparent information collected by UNEP.
• Chemicals and Waste
• Resource Efficiency

12.The Madrid Agreement, 1891

The Agreement was established in 1891 for the purpose of providing a mechanism that would allow for a single and
inexpensive international trademark registration and to eliminate the need for filing, prosecuting or maintaining separate
registrations in multiple countries.
The Madrid Union currently has 114 members, covering 130 countries. These members represent more than 80% of
world trade, with potential for expansion as membership grows. India became part of Madrid Protocol w.e.f. 8th July,
2013. Now application for international trademark registration can be easily filed using Madrid Protocol from India.
The Madrid System for the International Registration of Marks is governed by two treaties:
• the Madrid Agreement, concluded in 1891 and revised at Brussels (1900), Washington (1911), The Hague (1925),
London (1934), Nice (1957) and Stockholm (1967), and amended in 1979, and
• the Protocol relating to that Agreement, concluded in 1989, which aims to make the Madrid system more flexible and
more compatible with the domestic legislation of certain countries or intergovernmental organizations that had not
been able to accede to the Agreement.
States and organizations party to the Madrid system are collectively referred to as Contracting Parties.
The system makes it possible to protect a mark in a large number of countries by obtaining an international registration
that has effect in each of the designated Contracting Parties.
Who May Use the System ?
An application for international registration (international application) may be filed only by a natural person or legal
entity having a connection – through establishment, domicile or nationality – with a Contracting Party to the
Agreement or the Protocol.
A mark may be the subject of an international application only if it has already been registered with the trademark office
of the Contracting Party with which the applicant has the necessary connections (referred to as the office of origin).
However, where all the designations are effected under the Protocol (see below), the international application may be
based simply on an application for registration filed with the office of origin. An international application must be
presented to the International Bureau of WIPO through the intermediary of the office of origin.
The International Application
An application for international registration must designate one or more Contracting Parties in which protection is
sought. Further designations can be effected subsequently. A Contracting Party may be designated only if it is party to
the same treaty as the Contracting Party whose office is the office of origin. The latter cannot itself be designated in the
international application.
The designation of a given Contracting Party is made either under the Agreement or the Protocol, depending on which
treaty is common to the Contracting Parties concerned. If both Contracting Parties are party to the Agreement and the
Protocol, the designation will be governed by the Protocol.
International applications can be filed in English, French or Spanish, irrespective of which treaty or treaties govern the
application, unless the office of origin restricts that choice to one or two of these languages.
The filing of an international application is subject to the payment of a basic fee (which is reduced to 10 per cent of the
prescribed amount for international applications filed by applicants whose country of origin is an LDC, in accordance with
the list established by the United Nations), a supplementary fee for each class of goods and/or services beyond the first
three classes, and a complementary fee for each Contracting Party designated. However, a Contracting Party to the
Protocol may declare that, when it is designated under the Protocol, the complementary fee is replaced by an individual
fee, whose amount is determined by the Contracting Party concerned but may not be higher than the amount that
would be payable for the registration of a mark, at the national level, with its office.
International Registration
Once the International Bureau receives an international application, it carries out an examination for compliance with the
requirements of the Protocol and its Regulations. This examination is restricted to formalities, including the classification
and comprehensibility of the list of goods and/or services. If there are no irregularities in the application, the
International Bureau records the mark in the International Register, publishes the international registration in the WIPO
Gazette of International Marks (hereinafter referred to as "the Gazette"), and notifies it to each designated Contracting
Party. Any matter of substance, such as whether the mark qualifies for protection or whether it is in conflict with a mark
registered previously in a particular Contracting Party, is determined by that Contracting Party's trademark office under
the applicable domestic legislation. The Gazette is available in electronic form (e-Gazette) on the Madrid system website.
Statement of Grant of Protection or Refusal of Protection
The office of each designated Contracting Party shall issue a statement of grant of protection under Rule 18ter of the
Regulations.
However, when designated Contracting Parties examine the international registration for compliance with their domestic
legislation, and if some substantive provisions are not complied with, they have the right to refuse protection in their
territory. Any such refusal, including an indication of the grounds on which it is based, must be communicated to the
International Bureau, normally within 12 months from the date of notification. However, a Contracting Party to the
Protocol may declare that, when it is designated under the Protocol, this time limit is extended to 18 months. That
Contracting Party may also declare that a refusal based on an opposition may be communicated to the International
Bureau even after the 18-month time limit.
The refusal is communicated to the holder of the registration or the holder's representative before the International
Bureau, recorded in the International Register and published in the Gazette. The procedure subsequent to a refusal (such
as an appeal or a review) is carried out directly by the competent administration and/or court of the Contracting Party
concerned and the holder, without the involvement of the International Bureau. The final decision concerning the refusal
must, however, be communicated to the International Bureau, which records and publishes it.
Effects of an International Registration
The effects of an international registration in each designated Contracting Party are, from the date of the international
registration, the same as if the mark had been deposited directly with the office of that Contracting Party. If no refusal is
issued within the applicable time limit, or if a refusal originally notified by a Contracting Party is subsequently
withdrawn, the protection of the mark is, from the date of the international registration, the same as if it had been
registered by the office of that Contracting Party.
An international registration is effective for 10 years. It may be renewed for further periods of 10 years on payment of
the prescribed fees.
Protection may be limited with regard to some or all of the goods or services or may be renounced with regard to some
only of the designated Contracting Parties. An international registration may be transferred in relation to all or some of
the designated Contracting Parties and all or some of the goods or services indicated.
Advantages of the Madrid System
The Madrid system offers several advantages for trademark owners. Instead of filing a separate national application in
each country of interest, in several different languages, in accordance with different national or regional procedural rules
and regulations and paying several different (and often higher) fees, an international registration may be obtained by
simply filing one application with the International Bureau (through the office of the home country), in one language
(English, French or Spanish) and paying one set of fees.
Similar advantages exist for maintaining and renewing a registration. Likewise, if the international registration is assigned
to a third party, or is otherwise changed, such as a change in name and/or address, this may be recorded with effect for
all designated Contracting Parties by means of a single procedural step.
To facilitate the work of the users of the Madrid system, the International Bureau publishes a Guide to the International
Registration of Marks under the Madrid Agreement and the Madrid Protocol.
The Madrid Agreement and Protocol are open to any State party to the Paris Convention for the Protection of Industrial
Property (1883). The two treaties are parallel and independent, and States may adhere to either or both of them. In
addition, an intergovernmental organization that maintains its own office for the registration of marks may become
party to the Protocol. Instruments of ratification or accession must be deposited with the Director General of WIPO.