Microsoft PowerPoint - International Treaties WTO, WIPO PPT of LLB 3rd Year Unit-II [Compatibility Mode]

8/12/2019 Microsoft PowerPoint - International Treaties WTO, WIPO PPT of LLB 3rd Year Unit-II [Compatibility Mode]

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Leading InternationalInstruments concerning

Intellectual Property

Leading InternationalInstruments concerning

Intellectual Property

Sanjeev kr. Chaswal

Advocate and IPR Attorney

LL.M. IPR and ARB .and MS Cyberlaw and security

Sanjeev kr. Chaswal

Advocate and IPR Attorney

LL.M. IPR and ARB .and MS Cyberlaw and security

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Global Initiatives-A historyGlobal Initiatives-A history

The disruptions of world economy caused two worldwars, thus stalled late 19th century development duringthe wars years virtually free trade between internationalcommunity was abandoned. Toward the end of WorldWar II, representatives of the US and its Allied Forces

The disruptions of world economy caused two worldwars, thus stalled late 19th century development duringthe wars years virtually free trade between internationalcommunity was abandoned. Toward the end of WorldWar II, representatives of the US and its Allied Forces

world order in the post war era.

As a result of these negotiations, after World War II theUS and its Allies planned to establish three importantinternational institutions to liberalize trade and payment.

world order in the post war era.

As a result of these negotiations, after World War II theUS and its Allies planned to establish three importantinternational institutions to liberalize trade and payment.

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United nations Monetary and Financialconference Bretton Woods Conference

United nations Monetary and Financialconference Bretton Woods Conference

The United Nations Monetary and FinancialConference opened on July 1, 1944 in BrettonWoods, New Hampshire. Forty-four governmentsaccepted the invitation of President Roosevelt to

The United Nations Monetary and FinancialConference opened on July 1, 1944 in BrettonWoods, New Hampshire. Forty-four governmentsaccepted the invitation of President Roosevelt to

international economic stability. U.S. Secretary ofthe Treasury Henry Morgenthau was elected

president of the Conference.

international economic stability. U.S. Secretary ofthe Treasury Henry Morgenthau was elected

president of the Conference.

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Bretton Woods ConferenceBretton Woods ConferenceThis conference was attended by 730 delegates of the

45 allied nations this conferenceThree commissions were established to conduct the

work of the Conference: Commission I was chargedwith formulating the Articles of Agreement of theInternational Monetary Fund,Commission IIassumed

This conference was attended by 730 delegates of the

45 allied nations this conferenceThree commissions were established to conduct the

work of the Conference: Commission I was chargedwith formulating the Articles of Agreement of theInternational Monetary Fund,Commission IIassumedthe same responsibility with respect to theInternational Bank for Reconstruction andDevelopment, and Commission III was to considerother means on international financial cooperation

the same responsibility with respect to theInternational Bank for Reconstruction andDevelopment, and Commission III was to considerother means on international financial cooperation

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Bretton Woods ConferenceBretton Woods ConferenceBy the end of the Conference, the Articles of

Agreement of the IMF and the Articles ofAgreement of the IBRD were ready for ratificationby member governments. The Articles of

Agreement for both organizations entered intoforce on December 27, 1945.

By the end of the Conference, the Articles of

Agreement of the IMF and the Articles ofAgreement of the IBRD were ready for ratificationby member governments. The Articles of

Agreement for both organizations entered intoforce on December 27, 1945.

The Inaugural Meeting of the Boards of Governorsof the Fund and the Bank took place onWilmington Island, Georgia, near Savannah, inMarch 1946.

Bretton Woods Monetary Conference, held on July1-22, 1944

The Inaugural Meeting of the Boards of Governorsof the Fund and the Bank took place onWilmington Island, Georgia, near Savannah, inMarch 1946.

Bretton Woods Monetary Conference, held on July1-22, 1944

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Creation of Three institutionsincluding UN

Creation of Three institutionsincluding UN

i) International Monetary Fund (IMF) wasestablished to facilitate international payments.

(ii) International Bank for Reconstruction andDevelopment. After the War, European countriesand Japan had to rebuild their production plants;

i) International Monetary Fund (IMF) wasestablished to facilitate international payments.

(ii) International Bank for Reconstruction andDevelopment. After the War, European countriesand Japan had to rebuild their production plants;this meant that these countries required a largeamount of foreign capital.this meant that these countries required a largeamount of foreign capital.

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Creation of Three

institutions and UN

Creation of Three

institutions and UNTo encourage free flow of private capital,

International Bank for Re-construction andDevelopment (IBRD, now the World Bank) was

To encourage free flow of private capital,International Bank for Re-construction andDevelopment (IBRD, now the World Bank) was

.(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 establishedin 1945 to replaced the League of Nations.

.(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 establishedin 1945 to replaced the League of Nations.

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Journey from GATT to

WTO

Journey from GATT to

WTOFrom a provisional agreement to anOrganisation:

Havana Charter

From a provisional agreement to anOrganisation:

Havana Charter

GATT 1 January 1948 31 Decem er 1995

23 Contracting Parties 123

8 Rounds of Negotiations

WTO was created finally on (1 January 1995)

GATT 1 January 1948 31 Decem er 1995

23 Contracting Parties 123

8 Rounds of Negotiations

WTO was created finally on (1 January 1995)

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GATT NEGOTIATIONSGATT NEGOTIATIONS

Year Place/Name Topics covered Countries

1947 Geneva Tariffs 23

1949 Annecy Tariffs 13

1951 Torquay Tariffs 38

1956 Geneva Tariffs 26

1960-61 Geneva (Dillon Rnd) Tariffs 26

1964-67 Geneva (Kennedy

Rnd) Tariffs & AD 62

1973-79 Geneva (Tokyo Rnd) Tariffs, NTBs &frameworkAgreements

102

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Creation of GATTCreation of GATT

GATT (General Agreement on Tariffsand trade was the result of aninternational conference held at Genevain 1947 to consider a draft charter for

GATT (General Agreement on Tariffsand trade was the result of aninternational conference held at Genevain 1947 to consider a draft charter for

e n erna ona ra e rgan za on(ITO). The US initiated negotiationswith 22 other countries that led tocommitments to regulate 45,000 tariffrates.

e n erna ona ra e rgan za on(ITO). The US initiated negotiationswith 22 other countries that led tocommitments to regulate 45,000 tariffrates.

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General Agreement on Tariffs and Trade.Treaty organization affiliated with the UnitedNationswhose purpose was to facilitateinternationaltrade. The primaryactionsof the organization wereto freeze and reduce tariff levels on

General Agreement on Tariffs and Trade.Treaty organization affiliated with the UnitedNationswhose purpose was to facilitateinternationaltrade. The primaryactionsof the organization wereto freeze and reduce tariff levels on

become a part of the International TradeOrganization(ITO); however, the ITO failed to becreated, so the GATT was left as an independentorganization. In 1994, GATT was superseded by

the WTO.

become a part of the International TradeOrganization(ITO); however, the ITO failed to becreated, so the GATT was left as an independentorganization. In 1994, GATT was superseded by

the WTO.


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Technically, GATT was viewed as an agreementunder the provisions of US Reciprocal Trade Actof 1934, and hence did not require approval ofCongress. It was considered a provisionalagreement that would be replaced once the ITO

Technically, GATT was viewed as an agreementunder the provisions of US Reciprocal Trade Actof 1934, and hence did not require approval ofCongress. It was considered a provisionalagreement that would be replaced once the ITO

.So GATT began its provisional existence on

January 1, 1948, when 23 contracting partiessigned the agreement. However, US Congress

refused in 1950 to ratify the treaty establishingthe ITO.

.So GATT began its provisional existence on

January 1, 1948, when 23 contracting partiessigned the agreement. However, US Congress

refused in 1950 to ratify the treaty establishingthe ITO.

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What is WTO and its objectivesWhat is WTO and its objectivesAn international Organization:

Organization created by the Marrakesh Agreement

Sui generisorganisation (independent from the UnitedNation system)

Replaces the GATT (created in 1947)

An international Organization:

Organization created by the Marrakesh Agreement

Sui generisorganisation (independent from the UnitedNation 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

WTO Objectives:

Raising standards of living

Ensuring full employment

Ensuring growth of real income and demand

Expanding production and trade

Sustainable development

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WTO: Functions and its workingWTO: Functions and its workingWTO Functions: Administer and implement the WTOagreements

Forum for negotiations

Administer Settlement of Disputes

Administer Trade Policy Review Mechanism

Technical Assistance to developing countries

WTO Functions: Administer and implement the WTOagreements

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 WTOagreements cover the following topics:

Trade in Goods

Trade in Services

Trade-related aspects of intellectual property rights

Dispute Settlement

Trade Policy Reviews

The negotiated legal rules included in the various WTOagreements cover the following topics:

Trade in Goods

Trade in Services

Trade-related aspects of intellectual property rights

Dispute Settlement

Trade Policy Reviews 14


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Ministerial Conference Appellate

Body

DisputeSettlement

Panels

General CouncilTPRB DSB

WTO: How does it work?WTO: How does it work?

WTO StructureWTO Structure

15Secretariat

Committees Committees

Goods Council Services Council

TRIPS

Council

CTD (Development)CTE (Environment)CRTA (Regionalism)

BOPBudget

WG (Accessions,

Investment, competition,GovernmentProcurement)Director-General


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For Patents-The Paris ConventionFor Patents-The Paris Convention The Paris Conventionwas 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, in1934 at London, in 1958 at Lisbon and in 1967 atStockholm. The last amendment took place in 1979. Indiabecame a member of the Paris Convention on December 7,1998. (Readers may note the use of the phrase 'IndustrialProperty' and not intellectual property).

The Paris Conventionwas first signed in 1883. Since thenthe Convention has been revised several times; in 1900 at

Brussels, in 1911 at Washington, in 1925 at the Hague, in1934 at London, in 1958 at Lisbon and in 1967 atStockholm. The last amendment took place in 1979. Indiabecame a member of the Paris Convention on December 7,1998. (Readers may note the use of the phrase 'IndustrialProperty' and not intellectual property).

The Paris Convention is an international convention forpromoting trade among the member countries, devised tofacilitate protection of industrial property simultaneously inthe member countries without any loss in the priority date.

All the member countries provide national treatment to allthe applications from the other member countries forprotection of industrial property rights.

The Paris Convention is an international convention forpromoting trade among the member countries, devised tofacilitate protection of industrial property simultaneously inthe member countries without any loss in the priority date.

All the member countries provide national treatment to allthe applications from the other member countries forprotection of industrial property rights.

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The PCT and its ProvisionsThe PCT and its ProvisionsThe Patent Cooperation Treaty (PCT) is

an international patent law treaty, concluded in 1970. It provides aunified procedure for filingpatent applicationsto protectinventionsineach of its contracting states. A patent application filed under the PCT iscalled an international application, or PCT application.

The primary provisions with respect to trademarks are summarized asfollows

-

The Patent Cooperation Treaty (PCT) is

an international patent law treaty, concluded in 1970. It provides aunified procedure for filingpatent applicationsto protectinventionsineach of its contracting states. A patent application filed under the PCT iscalled an international application, or PCT application.

The primary provisions with respect to trademarks are summarized asfollows

- Article 4 - Convention Priority

Article 6bis - Well-known Marks

Article 6quinquies -telle quelleRegistration

Article 6sexies - Protection of Service Marks

Article 6

septies

- Unauthorized Registration by Agent or Representative

Article 8 - Protection of Trade Names

Article 10bis - Unfair Competition

Article 4 - Convention Priority

Article 6bis - Well-known Marks

Article 6quinquies -telle quelleRegistration

Article 6sexies - Protection of Service Marks

Article 6

septies

- Unauthorized Registration by Agent or Representative

Article 8 - Protection of Trade Names

Article 10bis - Unfair Competition

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The Paris Convention TreatyThe Paris Convention TreatyA 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 thepatentability of the invention, which is the subject of theapplication. It is optionally followed by a preliminaryexamination, performed by an International Preliminary

A single filing of an international application is made with aReceiving Office (RO) in one language. It then results in a

search performed by an International Searching Authority(ISA), accompanied by a written opinion regarding thepatentability of the invention, which is the subject of theapplication. It is optionally followed by a preliminaryexamination, performed by an International Preliminary

xam n ng u or y . 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 PCTapplication does not itself result in the grant of a patent,

since there is no such thing as an "international patent", andthe grant of patent is a prerogative of each national orregional authority.

xam n ng u or y . 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 PCTapplication does not itself result in the grant of a patent,

since there is no such thing as an "international patent", andthe grant of patent is a prerogative of each national orregional authority.

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The Paris Convention TreatyThe 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 intonational or regional phases in order to proceedtowards grant of one or more patents.

The PCT rocedure essentiall leads to a standard

In other words, a PCT application, which

establishes a filing date in all contracting states,must be followed up with the step of entering intonational or regional phases in order to proceedtowards grant of one or more patents.

The PCT rocedure essentiall leads to a standardnational or regional patent application, which maybe granted or rejected according to applicable law,in each jurisdiction in which a patent is desired.

national or regional patent application, which maybe granted or rejected according to applicable law,in each jurisdiction in which a patent is desired.

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What is a PCT Application?What is a PCT Application? The Patent Cooperation Treaty or PCT is an international

agreement for filing patent applications having effect in up to117 countries. Although the PCT system does not provide forthe grant of an international patent, the system:

simplifies the process of filing patent applications

The Patent Cooperation Treaty or PCT is an internationalagreement for filing patent applications having effect in up to117 countries. Although the PCT system does not provide forthe grant of an international patent, the system:

simplifies the process of filing patent applications

protection in other countries

and allows the inventor more time to assess the commercialviability of his/her invention.

Under the PCT, an inventor can file a single international

patent application in one language with one patent office inorder to simultaneously seek protection for an invention in upto 117 countries throughout the world.

protection in other countries

and allows the inventor more time to assess the commercialviability of his/her invention.

Under the PCT, an inventor can file a single international

patent application in one language with one patent office inorder to simultaneously seek protection for an invention in upto 117 countries throughout the world.

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International Convention for the Protectionof New Varieties of Plants (UPOV)

International Convention for the Protectionof New Varieties of Plants (UPOV)

The International Union for the Protection of New Varieties

of Plants (UPOV) was established by the InternationalConvention for the Protection of New Varieties of Plants("UPOV Convention"). The UPOV Convention was adoptedon December 2, 1961, by a Diplomatic Conference held inParis.

The International Union for the Protection of New Varieties

of Plants (UPOV) was established by the InternationalConvention for the Protection of New Varieties of Plants("UPOV Convention"). The UPOV Convention was adoptedon December 2, 1961, by a Diplomatic Conference held inParis.

he UPOV Convention came into force on August 10, 1968,having been ratified by the United Kingdom, theNetherlands and Germany. The UPOV Convention has beenrevised on November 10, 1972, on October 23, 1978, andon March 19, 1991, in order to reflect technological

developments in plant breeding and experience acquiredwith the application of the UPOV Convention.

he UPOV Convention came into force on August 10, 1968,having been ratified by the United Kingdom, theNetherlands and Germany. The UPOV Convention has beenrevised on November 10, 1972, on October 23, 1978, andon March 19, 1991, in order to reflect technological

developments in plant breeding and experience acquiredwith the application of the UPOV Convention.

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Budapest Treaty on the Deposit ofMicroorganisms

Budapest Treaty on the Deposit ofMicroorganisms

To overcome these problems, intellectual property offices in

many countries recommended that the written descriptionof an invention involving the use of a new microorganism besupplemented by the deposit of the microorganism in arecognized culture collection. TheBudapest Treaty on theInternational Recognition of the Deposit of

To overcome these problems, intellectual property offices in

many countries recommended that the written descriptionof an invention involving the use of a new microorganism besupplemented by the deposit of the microorganism in arecognized culture collection. TheBudapest Treaty on theInternational Recognition of the Deposit of

croorgan sms or e urposes o a en roce ure wasintroduced in 1980 in an effort to implement suchrecommendations.

Microorganisms that are naturally occurring cannot be thesubject of patents. However, a naturally occurring

microorganism that is manipulated or altered such asthrough gene insertion, mutation etc can be the subject of apatent.

croorgan sms or e urposes o a en roce ure wasintroduced in 1980 in an effort to implement suchrecommendations.

Microorganisms that are naturally occurring cannot be thesubject of patents. However, a naturally occurring

microorganism that is manipulated or altered such asthrough gene insertion, mutation etc can be the subject of apatent.

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Budapest TreatyBudapest Treaty Patent law requires that the details of an invention must be

fully disclosed in order for others skilled in the relevant fieldto be able to replicate it. Disclosure is normally achieved bymeans of a written description and supplemented wherenecessary by drawings.

In the case of inventions involving the use of

Patent law requires that the details of an invention must be

fully disclosed in order for others skilled in the relevant fieldto be able to replicate it. Disclosure is normally achieved bymeans of a written description and supplemented wherenecessary by drawings.

In the case of inventions involving the use of

m croorgan sms, ese pa en a y requ remen s may edifficult to fulfill.

EXAMPLE: It would be almost impossible to describe anorganism 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 inexactly the same way

m croorgan sms, ese pa en a y requ remen s may edifficult to fulfill.

EXAMPLE: It would be almost impossible to describe anorganism 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 inexactly the same way

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Madrid System for the InternationalRegistration of Trade Marks

Madrid System for the InternationalRegistration 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

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

, .Thanks to the international procedural mechanism,

the Madrid system offers a trademark owner thepossibility to have his trademark protected in

several countries by simply filing one applicationdirectly with his own national or regionaltrademark office

, .Thanks to the international procedural mechanism,

the Madrid system offers a trademark owner thepossibility to have his trademark protected in

several countries by simply filing one applicationdirectly with his own national or regionaltrademark office

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Madrid System for Registration of MarksMadrid System for Registration of Marks

An international mark so registered is equivalent toan application or a registration of the same markeffected directly in each of the countries designatedby the applicant. If the trademark office of adesignated country does not refuse protectionwithin a specified period, the protection of the

An international mark so registered is equivalent toan application or a registration of the same markeffected directly in each of the countries designatedby the applicant. If the trademark office of adesignated country does not refuse protectionwithin a specified period, the protection of the

that Office.

The Madrid system also simplifies greatly thesubsequent management of the mark, since it is

possible to record subsequent changes or to renewthe registration through a single procedural step.Further countries may be designatedsubsequently.

that Office.

The Madrid system also simplifies greatly thesubsequent management of the mark, since it is

possible to record subsequent changes or to renewthe registration through a single procedural step.Further countries may be designatedsubsequently. 25


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Nice Agreement InternationalClassification

Nice Agreement InternationalClassification

Nice Agreement Concerning the InternationalClassification of Goods and Services for thePurposes of the Registration of Marks ofJune 15, 1957, as revised at Stockholm onJuly 14, 1967,and at Geneva on May 13, 1977,and

Nice Agreement Concerning the InternationalClassification of Goods and Services for thePurposes of the Registration of Marks ofJune 15, 1957, as revised at Stockholm onJuly 14, 1967,and at Geneva on May 13, 1977,and

,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

,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

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The Trademark Law TreatyThe 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;

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 objectionablemarks, both on the grounds of absolute and relativeregistrability;

harmonization of the rights conferred by registration

and when such rights are exhausted;and the protection of well-known marks and marks

of high renown

harmonization of the definition of objectionablemarks, both on the grounds of absolute and relativeregistrability;

harmonization of the rights conferred by registration

and when such rights are exhausted;and the protection of well-known marks and marks

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For Copyright-The Berne ConventionFor Copyright-The Berne Convention

The Berne Convention, or to use its formal title

Berne Convention for the Protection of Literaryand Artistic Works is an international agreementwhich sets out to harmonize the way thatcopyright is regulated at an international level.

The Berne Convention, or to use its formal title

Berne Convention for the Protection of Literaryand Artistic Works is an international agreementwhich sets out to harmonize the way thatcopyright is regulated at an international level.

Berne, Switzerland (hence the name), and sincethat time it has seen much change and revision:Completed at Paris (1896), revised at Berlin(1908), completed at Berne (1914), revised atRome (1928), at Brussels (1948), at Stockholm(1967) and at Paris (1971), and amended in 1979.

Berne, Switzerland (hence the name), and sincethat time it has seen much change and revision:Completed at Paris (1896), revised at Berlin(1908), completed at Berne (1914), revised atRome (1928), at Brussels (1948), at Stockholm(1967) and at Paris (1971), and amended in 1979.

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The Berne Convention and itsworking

The Berne Convention and itsworking

Prior to the Berne Convention (and to a lesser degree theUniversal Copyright Convention [UCC]), copyright lawwould usually only apply at a national level. This oftenmeant that the outside of the authors home country, therewas very little protection for copyright work.

As ou will see from the list of Berne Convention

Prior to the Berne Convention (and to a lesser degree theUniversal Copyright Convention [UCC]), copyright lawwould usually only apply at a national level. This oftenmeant that the outside of the authors home country, therewas very little protection for copyright work.

As ou will see from the list of Berne Conventionsignatories, most nations have adopted the convention.Additionally, the TRIPs Agreement requires all World TradeOrganization members

The Berne Convention requires member nations to offer

the same protection to authors from other membercountries that it provides to its own nationals. It also setsout a common framework of protection, and specifiesminimum protection levels that are required.

signatories, most nations have adopted the convention.Additionally, the TRIPs Agreement requires all World TradeOrganization members

The Berne Convention requires member nations to offer

the same protection to authors from other membercountries that it provides to its own nationals. It also setsout a common framework of protection, and specifiesminimum protection levels that are required. 30


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Berne Convention basic normsBerne Convention basic normsThe Berne Convention states that all works shall be

protected for at least 50 years after the author'sdeath with the following exceptions

For photography the minimum term is 25 yearsfrom the year the photograph was created

For cinematography the minimum term is 50 years

The Berne Convention states that all works shall beprotected for at least 50 years after the author'sdeath with the following exceptions

For photography the minimum term is 25 yearsfrom the year the photograph was created

For cinematography the minimum term is 50 yearsafter first showing, or, if the work has never beenshown, 50 years from the creation date.

Note:These are theminimumterms of protection.Countries are free to provide longer terms of

protection under national law. In the UK forexample the standard period of protection is 70yearsfrom the death of the author.

after first showing, or, if the work has never beenshown, 50 years from the creation date.

Note:These are theminimumterms of protection.Countries are free to provide longer terms of

protection under national law. In the UK forexample the standard period of protection is 70yearsfrom the death of the author. 31


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Universal Copyright ConventionUniversal Copyright Convention

The Universal Copyright Convention (or UCC),adopted at Geneva in 1952, is one of the twoprincipal international conventionsprotecting copyright; the other is the BerneConvention.

The UCC was developed by United Nations

The Universal Copyright Convention (or UCC),adopted at Geneva in 1952, is one of the twoprincipal international conventionsprotecting copyright; the other is the BerneConvention.

The UCC was developed by United Nations

uca ona , c en c an u ura rgan za onasan alternative to the Berne Convention for thosestates which disagreed with aspects of the BerneConvention, but still wished to participate in some

form of multilateral copyright protection.

uca ona, c en c an u ura rgan za onasan alternative to the Berne Convention for thosestates which disagreed with aspects of the BerneConvention, but still wished to participate in some

form of multilateral copyright protection.

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UCC 1952UCC 1952

These states included developing countries andthe Soviet Union, which thought that the strongcopyright protections granted by the BerneConvention overly benefited Western developedcopyright-exporting nations, and the United

These states included developing countries andthe Soviet Union, which thought that the strongcopyright protections granted by the BerneConvention overly benefited Western developedcopyright-exporting nations, and the UnitedStatesand most ofLatin America. The United Statesand Latin America were already members of a Pan-

American copyright convention, which was weakerthan the Berne Convention. The Berne Convention

states also became party to the UCC, so that theircopyrights would exist in non-Berne conventionstates.

Statesand most ofLatin America. The United Statesand Latin America were already members of a Pan-

American copyright convention, which was weakerthan the Berne Convention. The Berne Convention

states also became party to the UCC, so that theircopyrights would exist in non-Berne conventionstates.

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Rome Convent onRome Convent on The Rome Convention for the Protection of Performers,

Producers of Phonograms and Broadcasting Organisations wasaccepted by members of BIRPI, the predecessor to the

modernWorld Intellectual Property Organization, on October26, 1961.

Convention drew up response to new technologies like taperecordersthat made the reproduction of sounds and imageseasier and cheaper than ever before. Whereas earliercopyright

The Rome Convention for the Protection of Performers,Producers of Phonograms and Broadcasting Organisations wasaccepted by members of BIRPI, the predecessor to the

modernWorld Intellectual Property Organization, on October26, 1961.

Convention drew up response to new technologies like taperecordersthat made the reproduction of sounds and imageseasier and cheaper than ever before. Whereas earliercopyright

,Convention, had been written to regulate the circulation ofprinted materials, the Rome Convention responded to the newcircumstance of ideas variously represented in easilyreproduced units by covering performers and producers ofrecordings under copyright:

,Convention, had been written to regulate the circulation ofprinted materials, the Rome Convention responded to the newcircumstance of ideas variously represented in easilyreproduced units by covering performers and producers ofrecordings under copyright:

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Rome ConventionRome 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 orDVDs.

Performers (actors, singers, musicians, dancers and otherpersons who perform literary or artistic works) are protectedagainst certain acts they have not consented to.

The agreement extended copyright protection for the firsttime from the author of a work to the creators and owners of

particular, physical manifestations of intellectual property,such as audiocassettes orDVDs.

Performers (actors, singers, musicians, dancers and otherpersons who perform literary or artistic works) are protectedagainst certain acts they have not consented to.

Such acts are:

the broadcasting and the communication to the public oftheir live performance;

the fixation of their live performance; the reproduction ofsuch a fixation if the original fixation was made without theirconsent or if the reproduction is made for purposes differentfrom those for which they gave their consent.

Such acts are:

the broadcasting and the communication to the public oftheir live performance;

the fixation of their live performance; the reproduction ofsuch a fixation if the original fixation was made without theirconsent or if the reproduction is made for purposes differentfrom those for which they gave their consent.

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Rome ConventionRome Convention Producers of phonograms enjoy the right to authorize or

prohibit the direct or indirect reproduction of theirphonograms.

Phonograms are defined in the Rome Convention asmeaning any exclusively aural fixation of sounds of aerformance or of other sounds.

Producers of phonograms enjoy the right to authorize orprohibit the direct or indirect reproduction of theirphonograms.

Phonograms are defined in the Rome Convention asmeaning any exclusively aural fixation of sounds of aerformance or of other sounds.

When a phonogram published for commercial purposesgives rise to secondary uses (such as broadcasting orcommunication to the public in any form), a singleequitable remuneration must be paid by the user to theperformers, or to the producers of phonograms, or to both;contracting States are free, however, not to apply this ruleor to limit its application.

When a phonogram published for commercial purposesgives rise to secondary uses (such as broadcasting orcommunication to the public in any form), a singleequitable remuneration must be paid by the user to theperformers, or to the producers of phonograms, or to both;contracting States are free, however, not to apply this ruleor to limit its application.

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Rome ConventionRome Convention

Broadcasting organizations enjoy the right toauthorize or prohibit certain acts, namely:

the rebroadcasting of their broadcasts; the fixationof their broadcasts; the reproduction of such

Broadcasting organizations enjoy the right toauthorize or prohibit certain acts, namely:

the rebroadcasting of their broadcasts; the fixationof their broadcasts; the reproduction of such

the communication to the public of their televisionbroadcasts if such communication is made inplaces accessible to the public against payment ofan entrance fee.

the communication to the public of their televisionbroadcasts if such communication is made inplaces accessible to the public against payment ofan entrance fee.

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G I in Madrid system?G I in Madrid system?

The term Geographical Indications coversdifferent concepts such as the appellation of origin,

a term which has been defined at the internationallevel in the Lisbon Agreement for the Protection of

Appellation of Origin Appellation of origin is a typeof GI which has a strong link between the origin of

The term Geographical Indications coversdifferent concepts such as the appellation of origin,

a term which has been defined at the internationallevel in the Lisbon Agreement for the Protection of

Appellation of Origin Appellation of origin is a typeof GI which has a strong link between the origin of

characteristics of which are due exclusively oressentially to the geographical environment,including natural and human factors.

characteristics of which are due exclusively oressentially to the geographical environment,including natural and human factors.

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G I in Madrid system?G I in Madrid system? International trade made it important to try to

harmonize the different approaches and standards that

governments used to register GIs. The first attempts todo so were found in theParis Conventionon trademarks(1883), followed by a much more elaborate provision inthe 1958 Lisbon Agreement on the Protection of

Appellations of Origin and their Registration. Few

International trade made it important to try toharmonize the different approaches and standards that

governments used to register GIs. The first attempts todo so were found in theParis Conventionon trademarks(1883), followed by a much more elaborate provision inthe 1958 Lisbon Agreement on the Protection of

Appellations of Origin and their Registration. Few

coun r es o ne e s on agreemen , owever: y1997 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 Agreementmembers as of 1997.

coun r es o ne e s on agreemen , owever: y1997 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 Agreementmembers as of 1997.

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Hague System for the InternationalRegistration of Industrial Designs

Hague System for the InternationalRegistration of Industrial Designs

The Hague System for the International

Registration of Industrial Designs provides amechanism for registering a design in countriesand/ or intergovernmental organizationsmember of the Hague Agreement. It is

The Hague System for the International

Registration of Industrial Designs provides amechanism for registering a design in countriesand/ or intergovernmental organizationsmember of the Hague Agreement. It is

located in Geneva, Switzerland.

This System gives the owner of an industrialdesign the possibility to have his design protected

in several countries by simply filing oneapplication with the International Bureau ofWIPO, in one language, with one set of fees inone currency (Swiss Francs).

located in Geneva, Switzerland.

This System gives the owner of an industrialdesign the possibility to have his design protected

in several countries by simply filing oneapplication with the International Bureau ofWIPO, in one language, with one set of fees inone currency (Swiss Francs). 40


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Hague SystemHague System

An international registration produces the sameeffects in each of the designated countries, as ifthe design had been registered directly with eachnational office, unless protection is refused by the

An international registration produces the sameeffects in each of the designated countries, as ifthe design had been registered directly with eachnational office, unless protection is refused by the

.The Hague System simplifies the management

of an industrial design registration, since it ispossible to record subsequent changes or torenew the registration through a single proceduralstep with the International Bureau of WIPO.

.The Hague System simplifies the management

of an industrial design registration, since it ispossible to record subsequent changes or torenew the registration through a single proceduralstep with the International Bureau of WIPO.

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LOCARNO AGREEMENTLOCARNO AGREEMENT

LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONALCLASSIFICATION FOR INDUSTRIAL DESIGNSSigned at Locarno on October 8, 1968as amended on September 28, 1979

(1) The countries to which this Agreement applies constitute

LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONALCLASSIFICATION FOR INDUSTRIAL DESIGNSSigned at Locarno on October 8, 1968as amended on September 28, 1979

(1) The countries to which this Agreement applies constitute

a pec a n on. (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 designsare incorporated, with an indication of the classes andsubclasses into which they fall;

a pec a n on. (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 designsare incorporated, with an indication of the classes andsubclasses into which they fall; 42


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Agreement on Trade-Related Aspects ofIntellectual Property Rights

Agreement on Trade-Related Aspects ofIntellectual Property Rights

The TRIPS is off shoot of the MarrakeshAgreement establishing the world WTO (WorldTrade Organisation) signed in Marrakesh, Morocco.

-

The TRIPS is off shoot of the MarrakeshAgreement establishing the world WTO (WorldTrade Organisation) signed in Marrakesh, Morocco.

-Intellectual Property Rights (or TRIPS Agreement)set the standards for intellectual propertyprotection in the world today. It came into forceon 1 January 1995 and is binding on all members

of the World Trade Organization (WTO).

Intellectual Property Rights (or TRIPS Agreement)set the standards for intellectual propertyprotection in the world today. It came into forceon 1 January 1995 and is binding on all members

of the World Trade Organization (WTO).

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Trade-Related Aspects of IntellectualProperty Rights


The TRIPS Agreement sets minimum standards in

the international rules governing patents, includingon medicines. Countries that are members of theWTO (today, more than 150 countries) agree tocertain common standards in the way they enact

The TRIPS Agreement sets minimum standards in

the international rules governing patents, includingon medicines. Countries that are members of theWTO (today, more than 150 countries) agree tocertain common standards in the way they enact

.include, amongst others, that patents be given fora minimum of 20 years; that patents may be givenboth for products and processes; and thatpharmaceutical test data be protected against

unfair commercial use.

.include, amongst others, that patents be given fora minimum of 20 years; that patents may be givenboth for products and processes; and thatpharmaceutical test data be protected against

unfair commercial use.

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The three main features of the Agreement are:

Standards. In respect of each of the main areas ofintellectual property covered by the TRIPS Agreement,the Agreement sets out the minimum standards ofprotection to be provided by each Member.

Enforcement. The second main set of provisionsdeals with domestic procedures and remedies for the

The three main features of the Agreement are:

Standards. In respect of each of the main areas ofintellectual property covered by the TRIPS Agreement,the Agreement sets out the minimum standards ofprotection to be provided by each Member.

Enforcement. The second main set of provisionsdeals with domestic procedures and remedies for the

en orcemen o n e ec ua proper y r g s. eAgreement lays down certain general principlesapplicable to all IPR enforcement procedures.

Dispute settlement. The Agreement makes disputesbetween WTO Members about the respect of theTRIPS obligations subject to the WTO's disputesettlement procedures.

en orcemen o n e ec ua proper y r g s. eAgreement lays down certain general principlesapplicable to all IPR enforcement procedures.

Dispute settlement. The Agreement makes disputesbetween WTO Members about the respect of theTRIPS obligations subject to the WTO's disputesettlement procedures.

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Trade-Related Aspects ofIntellectual Property Rights

Trade-Related Aspects ofIntellectual Property Rights

PART IIStandards Concerning the Availability,Scope and Use of Intellectual Property Rights

1.Copyright and Related Rights2.Trademarks

PART IIStandards Concerning the Availability,Scope and Use of Intellectual Property Rights

1.Copyright and Related Rights2.Trademarks

. 4.Industrial Designs

5.Patents

6.Layout-Designs (Topographies) of Integrated Circuits

7.Protection of Undisclosed Information

8.Control of Anti-Competitive Practices in ContractualLicenses.

. 4.Industrial Designs

5.Patents

6.Layout-Designs (Topographies) of Integrated Circuits

7.Protection of Undisclosed Information

8.Control of Anti-Competitive Practices in ContractualLicenses.

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PART III Enforcement of Intellectual Property

Rights1.General Obligations

2.Civil and Administrative Procedures and Remedies

3.Provisional Measures

PART III Enforcement of Intellectual Property

Rights1.General Obligations

2.Civil and Administrative Procedures and Remedies

3.Provisional Measures

5.Criminal Procedures

PART IV Acquisition and Maintenance of IntellectualProperty Rights and RelatedInter-PartesProcedures

PART VDispute Prevention and Settlement

PART VITransitional Arrangements

PART VIIInstitutional Arrangements; Final Provisions

5.Criminal Procedures

PART IV Acquisition and Maintenance of IntellectualProperty Rights and RelatedInter-PartesProcedures



PART VIIInstitutional Arrangements; Final Provisions

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PART IV Acquisition and Maintenance ofIntellectual Property Rights andRelatedInter-PartesProcedures

PART IV Acquisition and Maintenance ofIntellectual Property Rights andRelatedInter-PartesProcedures



PART VII Institutional Arrangements; FinalProvisions



PART VII Institutional Arrangements; FinalProvisions

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Intellectual Property Rights (IPRs) were brought intoGATT Uruguay Round Agenda in the late 1980sthrough direct pressure by US pharmaceutical

companies. They were complaining that sincenumerous countries do not provide adequate patentprotection for drugs, they were being denied potentialroyalty payments. Quick to take up their cause, the US

Intellectual Property Rights (IPRs) were brought intoGATT Uruguay Round Agenda in the late 1980sthrough direct pressure by US pharmaceutical

companies. They were complaining that sincenumerous countries do not provide adequate patentprotection for drugs, they were being denied potentialroyalty payments. Quick to take up their cause, the US

were losing $24 billion per year to such piracy.Developing countries resisted the introduction of IPRsinto 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 wasthat this could only cover matters related to trade.

were losing $24 billion per year to such piracy.Developing countries resisted the introduction of IPRsinto 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 wasthat this could only cover matters related to trade.

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As a result of this Agreement, the protection of intellectualproperty became an integral part of WTO. The Agreementcovers 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 andanimals from patent protection subject to the establishmentof an effective sui-generis system. Developing countries

Africa includedwere supposed to have put a sui-generissystem in place by the end of 1999.

As a result of this Agreement, the protection of intellectualproperty became an integral part of WTO. The Agreementcovers 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 andanimals from patent protection subject to the establishmentof an effective sui-generis system. Developing countries

Africa includedwere supposed to have put a sui-generissystem in place by the end of 1999.

The patent system of intellectual property rights deniesproperty rights to local and indigenous knowledge, practicesand innovations. TRIPs only recognises as worthy ofprotection inventions that conform to the Northern definition.Rights are recognized only when they generate profits and

capable of industrial application. This excludes all sectors ofsociety who produce outside the industrial code of productionand for social good. Furthermore, the innovation to beaccorded patent rights must be trade related.

The patent system of intellectual property rights deniesproperty rights to local and indigenous knowledge, practicesand innovations. TRIPs only recognises as worthy ofprotection inventions that conform to the Northern definition.Rights are recognized only when they generate profits and

capable of industrial application. This excludes all sectors ofsociety who produce outside the industrial code of productionand for social good. Furthermore, the innovation to beaccorded patent rights must be trade related. 50


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TRIPsTRIPs 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 TRIPsdoes not recognise a communitys ownership of theresources it has tended for thousands of years

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 TRIPsdoes not recognise a communitys ownership of theresources it has tended for thousands of years

armers g s: s w commun y g s, armers r g sare not provided for under the TRIPs agreement. TRIPsdoes not permit farmers to save seed grown on their ownland for future use.

Health and Pharmaceuticals: Patents on pharmaceuticals

have led to high economic and social costs for countries andpeoples in Africa. As the Doha Declaration confirms, TRIPsincludes mechanisms intended to safeguard public healthwhile respecting intellectual property rights

armers g s: s w communy g s, armers r g sare not provided for under the TRIPs agreement. TRIPsdoes not permit farmers to save seed grown on their ownland for future use.

Health and Pharmaceuticals: Patents on pharmaceuticals

have led to high economic and social costs for countries andpeoples in Africa. As the Doha Declaration confirms, TRIPsincludes mechanisms intended to safeguard public healthwhile respecting intellectual property rights 51

f f d l d h k d ff f d l d h k d f


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Manufacturers of medicinal drugs have taken advantage ofthe TRIPs Agreement to brand and patent their drugs tomaximise on their profits. This has led to the suffering ofmany people who cannot afford to buy the patented drugs

because of their high costs. WTO members, mostlydeveloping countries, realising the suffering that theirpeople were facing especially in the wake of HIV/AIDS,Malaria and Tuberculosis, advocated for the November 2001Doha Ministerial Conference to revoke certain provisions of

Manufacturers of medicinal drugs have taken advantage ofthe TRIPs Agreement to brand and patent their drugs tomaximise on their profits. This has led to the suffering ofmany people who cannot afford to buy the patented drugs

because of their high costs. WTO members, mostlydeveloping countries, realising the suffering that theirpeople were facing especially in the wake of HIV/AIDS,Malaria and Tuberculosis, advocated for the November 2001Doha Ministerial Conference to revoke certain provisions of

t e s greement to curta t e u c ea t pro emscountries were facing.

Negotiations on the Doha Declaration on TRIPs and PublicHealth started in September 2002, with countries havingbeen given a deadline to come up with a solution by the

end of that year. No agreement was reached as othercountries were backtracking; especially the US and theEuropean Union who wanted to limit the scope of diseasesto be covered under the Declaration

t e s greement to curta t e u c ea t pro emscountries were facing.

Negotiations on the Doha Declaration on TRIPs and PublicHealth started in September 2002, with countries havingbeen given a deadline to come up with a solution by the

end of that year. No agreement was reached as othercountries were backtracking; especially the US and theEuropean Union who wanted to limit the scope of diseasesto be covered under the Declaration

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World Intellectual Property

Organization(WIPO)


Organization(WIPO)

The World Intellectual PropertyOrganization (WIPO) is one of the 17 specializedagencies of the united nations. WIPO was created in1967 "to encourage creative activity, to promote theprotection of intellectual property throughout the world".

The World Intellectual PropertyOrganization (WIPO) is one of the 17 specializedagencies of the united nations. WIPO was created in1967 "to encourage creative activity, to promote theprotection of intellectual property throughout the world".

WIPO currently has 184 member states, administers 24international treaties and is headquartered in GenevaSwitzerland. The current Director-General of WIPOis Francis Gurry, who took office on October 1,

2008. 183 of the Un memebers of WIPO. Non-membersare the states of small islands

WIPO currently has 184 member states, administers 24international treaties and is headquartered in GenevaSwitzerland. The current Director-General of WIPOis Francis Gurry, who took office on October 1,

2008. 183 of the Un memebers of WIPO. Non-membersare the states of small islands

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Organization(WIPO)


Organization(WIPO)The predecessor to WIPO was

the BIRPI (Bureaux Internationaux Runispour la Protection de la Proprit

The predecessor to WIPO wasthe BIRPI (Bureaux Internationaux Runispour la Protection de la Proprit

n e ec ue e, renc acronym or n eInternational Bureaux for the Protection ofIntellectual Property), which had beenestablished in 1893 to administer the Berne

convention for the protection of literary andArtistic works and the Paris Convention forthe Protection of Industrial Property.

n e ec ue e, renc acronym or n eInternational Bureaux for the Protection ofIntellectual Property), which had beenestablished in 1893 to administer the Berne

convention for the protection of literary andArtistic works and the Paris Convention forthe Protection of Industrial Property.

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Organization(WIPO)


Organization(WIPO)WIPO was formally created by

the Convention Establishing the WorldIntellectual Property Organization, which

WIPO was formally created bythe Convention Establishing the WorldIntellectual Property Organization, which

en ere n o orce on pr , . n erArticle 3 of this Convention, WIPO seeks to"promote the protection of intellectualproperty throughout the world." WIPO

became a specialized agency of the UN in1974.

en ere n o orce on pr , . n erArticle 3 of this Convention, WIPO seeks to"promote the protection of intellectualproperty throughout the world." WIPO

became a specialized agency of the UN in1974.

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The Agreement marked a transition for WIPO fromthe mandate it inherited in 1967 from BIRPI, topromote the protection of intellectual property, to

one that involved the more complex task ofpromoting technology transfer and economicdevelopment

Unlike other branches of the United Nations, WIPO

The Agreement marked a transition for WIPO fromthe mandate it inherited in 1967 from BIRPI, topromote the protection of intellectual property, to

one that involved the more complex task ofpromoting technology transfer and economicdevelopment

Unlike other branches of the United Nations, WIPO

the contributions from its Member States. In 2006,over 90% of its income of just over CHF 250million[8] was expected to be generated from thecollection of fees by the International Bureau(IB)

under the intellectual property application andregistration systems which it administers (thePatentCooperation Treaty, the Madrid system for trademarksand theHague systemforindustrial designs)

the contributions from its Member States. In 2006,over 90% of its income of just over CHF 250million[8] was expected to be generated from thecollection of fees by the International Bureau(IB)

under the intellectual property application andregistration systems which it administers (thePatentCooperation Treaty, the Madrid system for trademarksand theHague systemforindustrial designs)56


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THANK YOU FOR YOURTHANK YOU FOR YOUR

ATTENTIONATTENTION !!

THANK YOU FOR YOURTHANK YOU FOR YOUR

ATTENTIONATTENTION !!

ANY QUESTIONS?ANY QUESTIONS?

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