Leading International Instruments concerning

Intellectual Property Rights

Leading International Instruments concerning

Intellectual Property RightsRightsRights

Sanjeev kr. ChaswalAdvocate and IPR Attorney

LL.M. IPR and ARB .and MS Cyber law and security

Sanjeev kr. ChaswalAdvocate and IPR Attorney

LL.M. IPR and ARB .and MS Cyber law and security

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Global Initiatives-A historyGlobal Initiatives-A history◊ The disruptions of world economy caused two world

wars, 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 Forcesendeavored to work out the arrangements for a new

◊ 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 Forcesendeavored to work out the arrangements for a newendeavored to work out the arrangements for a newworld order in the post war era.

³ As a result of these negotiations, after World War II the US and its Allies planned to establish three important international institutions to liberalize trade and payment.

endeavored to work out the arrangements for a newworld order in the post war era.

³ As a result of these negotiations, after World War II the US and its Allies planned to establish three important international institutions to liberalize trade and payment.

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United nations Monetary and Financial conference “Bretton Woods Conference”

United nations Monetary and Financial conference “Bretton Woods Conference”

³The United Nations Monetary and FinancialConference opened on July 1, 1944 in BrettonWoods, New Hampshire. Forty-four governmentsaccepted the invitation of President Roosevelt tocome together for the purposes of promoting

³The United Nations Monetary and FinancialConference opened on July 1, 1944 in BrettonWoods, New Hampshire. Forty-four governmentsaccepted the invitation of President Roosevelt tocome together for the purposes of promotingcome together for the purposes of promotinginternational economic stability. U.S. Secretary ofthe Treasury Henry Morgenthau was electedpresident of the Conference.

come together for the purposes of promotinginternational economic stability. U.S. Secretary ofthe Treasury Henry Morgenthau was electedpresident of the Conference.

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“Bretton Woods Conference”“Bretton Woods Conference”³This conference was attended by 730 delegates of the

45 allied nations this conference³Three commissions were established to conduct the

work of the Conference: Commission I was chargedwith formulating the Articles of Agreement of theInternational Monetary Fund, Commission II assumedthe same responsibility with respect to the

³This conference was attended by 730 delegates of the45 allied nations this conference

³Three commissions were established to conduct thework of the Conference: Commission I was chargedwith formulating the Articles of Agreement of theInternational Monetary Fund, Commission II assumedthe same responsibility with respect to thethe 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 Conference”“Bretton Woods Conference”³By 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 ofAgreement for both organizations entered intoforce on December 27, 1945.

³By the end of the Conference, the Articles ofAgreement of the IMF and the Articles ofAgreement of the IBRD were ready for ratificationby member governments. The Articles ofAgreement for both organizations entered intoforce on December 27, 1945.

³The Inaugural Meeting of the Boards of Governorsof the Fund and the Bank took place onWilmington Island, Georgia, near Savannah, inMarch 1946.

³Bretton Woods Monetary Conference, held on July1-22, 1944

³The Inaugural Meeting of the Boards of Governorsof the Fund and the Bank took place onWilmington Island, Georgia, near Savannah, inMarch 1946.

³Bretton Woods Monetary Conference, held on July1-22, 1944

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Creation of Three institutions including UN

Creation of Three institutions including UN

³i) International Monetary Fund (IMF) wasestablished to facilitate international payments.

³(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 large

³i) International Monetary Fund (IMF) wasestablished to facilitate international payments.

³(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 largethis 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 UN

³To encourage free flow of private capital,International Bank for Re-construction andDevelopment (IBRD, now the World Bank) wasalso established.

³To encourage free flow of private capital,International Bank for Re-construction andDevelopment (IBRD, now the World Bank) wasalso established.also established.

³(iii) To facilitate free trade, International TradeOrganization (ITO) was to be born.

³(iv) As a political complement to theseinstitutions, United Nations was also establishedin 1945 to replaced the League of Nations.

also established.³(iii) To facilitate free trade, International Trade

Organization (ITO) was to be born.³(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 WTO

From a provisional agreement to anOrganisation:³Havana Charter

³GATT (1 January 1948 – 31 December 1995)

From a provisional agreement to anOrganisation:³Havana Charter

³GATT (1 January 1948 – 31 December 1995)³GATT (1 January 1948 – 31 December 1995)

³23 Contracting Parties à 123

³8 Rounds of Negotiations

³WTO was created finally on (1 January 1995)

³GATT (1 January 1948 – 31 December 1995)

³23 Contracting Parties à 123

³8 Rounds of Negotiations

³WTO was created finally on (1 January 1995)

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GATT NEGOTIATIONSGATT NEGOTIATIONSYear 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 & “framework Agreements”

102

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Creation of GATTCreation of GATT³GATT (General Agreement on Tariffs

and trade was the result of aninternational conference held at Genevain 1947 to consider a draft charter forthe International Trade Organization

³GATT (General Agreement on Tariffsand trade was the result of aninternational conference held at Genevain 1947 to consider a draft charter forthe International Trade Organizationthe International Trade Organization(ITO). The US initiated negotiationswith 22 other countries that led tocommitments to regulate 45,000 tariffrates.

the International Trade Organization(ITO). The US initiated negotiationswith 22 other countries that led tocommitments to regulate 45,000 tariffrates.

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Creation of GATTCreation of GATT³General Agreement on Tariffs and Trade.

Treaty organization affiliated with the UnitedNations whose purpose was to facilitate internationaltrade. The primary actions of the organization wereto freeze and reduce tariff levels onvarious commodities and was originally intended to

³General Agreement on Tariffs and Trade.Treaty organization affiliated with the UnitedNations whose purpose was to facilitate internationaltrade. The primary actions of the organization wereto freeze and reduce tariff levels onvarious commodities and was originally intended tovarious commodities and was originally intended tobecome 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 bythe WTO.

various commodities and was originally intended tobecome 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 bythe WTO.

Creation of GATTCreation of GATT³Technically, GATT was viewed as an agreement

under 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 ITObecame operational to take over its functions.

³Technically, 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 ITObecame operational to take over its functions.became operational to take over its functions.

³So GATT began its provisional existence onJanuary 1, 1948, when 23 contracting partiessigned the agreement. However, US Congressrefused in 1950 to ratify the treaty establishingthe ITO.

became operational to take over its functions.³So GATT began its provisional existence on

January 1, 1948, when 23 contracting partiessigned the agreement. However, US Congressrefused in 1950 to ratify the treaty establishingthe ITO.

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What is WTO and its objectives What is WTO and its objectives An international Organization:³Organization created by the Marrakesh Agreement

³Sui generis organisation (independent from the UnitedNation system)

³Replaces the GATT (created in 1947)

An international Organization:³Organization created by the Marrakesh Agreement

³Sui generis organisation (independent from the UnitedNation system)

³Replaces the GATT (created in 1947)

WTO Objectives:³Raising standards of living

³Ensuring full employment

³Ensuring growth of real income and demand

³Expanding production and trade

³Sustainable development

³Protection of the environment

WTO Objectives:³Raising standards of living

³Ensuring full employment

³Ensuring growth of real income and demand

³Expanding production and trade

³Sustainable development

³Protection of the environment 13

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

³ Forum for negotiations³ Administer Settlement of Disputes³ Administer Trade Policy Review Mechanism³ Technical Assistance to developing countries

WTO Functions: Administer and implement the WTOagreements

³ Forum for negotiations³ Administer Settlement of Disputes³ Administer Trade Policy Review Mechanism³ Technical Assistance to developing countries

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

³Trade in Goods

³Trade in Services

³Trade-related aspects of intellectual property rights

³Dispute Settlement

³Trade Policy Reviews

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

³Trade in Goods

³Trade in Services

³Trade-related aspects of intellectual property rights

³Dispute Settlement

³Trade Policy Reviews 14

Ministerial Conference Appellate Body

Dispute Settlement

Panels

Goods Council Services Council

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,

Government Procurement)Director-General

For Patents-The Paris ConventionFor Patents-The Paris Convention³ The Paris Convention was first signed in 1883. Since then

the Convention has been revised several times; in 1900 atBrussels, 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).

³ The Paris Convention was first signed in 1883. Since thenthe Convention has been revised several times; in 1900 atBrussels, 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).

³ 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.

³

³ 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 Provisions³ The Patent Cooperation Treaty (PCT) is

an international patent law treaty, concluded in 1970. It provides aunified procedure for filing patent applications to protect inventions ineach of its contracting states. A patent application filed under the PCT iscalled an international application, or PCT application.

³ The primary provisions with respect to trademarks are summarized asfollows

³ Articles 2 and 3 - Eligible Parties

³ The Patent Cooperation Treaty (PCT) isan international patent law treaty, concluded in 1970. It provides aunified procedure for filing patent applications to protect inventions ineach of its contracting states. A patent application filed under the PCT iscalled an international application, or PCT application.

³ The primary provisions with respect to trademarks are summarized asfollows

³ Articles 2 and 3 - Eligible Parties³ Articles 2 and 3 - Eligible Parties³ Article 4 - Convention Priority³ Article 6bis - Well-known Marks³ Article 6quinquies - telle quelle Registration³ Article 6sexies - Protection of Service Marks³ Article 6septies - Unauthorized Registration by Agent or³ Representative³ Article 8 - Protection of Trade Names³ Article 10 bis - Unfair Competition

³

³ Articles 2 and 3 - Eligible Parties³ Article 4 - Convention Priority³ Article 6bis - Well-known Marks³ Article 6quinquies - telle quelle Registration³ Article 6sexies - Protection of Service Marks³ Article 6septies - Unauthorized Registration by Agent or³ Representative³ Article 8 - Protection of Trade Names³ Article 10 bis - Unfair Competition

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The Paris Convention Treaty The Paris Convention Treaty ³ A single filing of an international application is made with a

Receiving Office (RO) in one language. It then results in asearch 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 PreliminaryExamining Authority (IPEA).

³ A single filing of an international application is made with aReceiving Office (RO) in one language. It then results in asearch 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 PreliminaryExamining Authority (IPEA).Examining Authority (IPEA).

³ Finally, the relevant national or regional authoritiesadminister 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.

Examining Authority (IPEA).³ 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 Treaty The Paris Convention Treaty ³In 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.

³The PCT procedure essentially leads to a standard

³In other words, a PCT application, whichestablishes 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.

³The PCT procedure essentially leads to a standard³The PCT procedure essentially 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.

³The PCT procedure essentially 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.

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What is a PCT Application?What is a PCT Application?³ 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:

³ simplifies the process of filing patent applications³ delays the expenses associated with applying for patent

³ 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:

³ simplifies the process of filing patent applications³ delays the expenses associated with applying for patent³ delays the expenses associated with applying for patent

protection in other countries³ and allows the inventor more time to assess the commercial

viability of his/her invention.³ 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.

³ delays the expenses associated with applying for patentprotection in other countries

³ and allows the inventor more time to assess the commercialviability of his/her invention.

³ Under the PCT, an inventor can file a single internationalpatent 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 Protection of New Varieties of Plants (UPOV)

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

³ The International Union for the Protection of New Varietiesof 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.

³ The UPOV Convention came into force on August 10, 1968,

³ The International Union for the Protection of New Varietiesof 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.

³ The UPOV Convention came into force on August 10, 1968,³ The 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 technologicaldevelopments in plant breeding and experience acquiredwith the application of the UPOV Convention.

³ The 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 technologicaldevelopments in plant breeding and experience acquiredwith the application of the UPOV Convention.

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Budapest Treaty on the Deposit of Microorganisms

Budapest Treaty on the Deposit of Microorganisms

³ To overcome these problems, intellectual property offices inmany 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. The Budapest Treaty on theInternational Recognition of the Deposit ofMicroorganisms for the Purposes of Patent Procedure was

³ To overcome these problems, intellectual property offices inmany 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. The Budapest Treaty on theInternational Recognition of the Deposit ofMicroorganisms for the Purposes of Patent Procedure wasMicroorganisms for the Purposes of Patent Procedure wasintroduced in 1980 in an effort to implement suchrecommendations.

³ Microorganisms that are naturally occurring cannot be thesubject of patents. However, a naturally occurringmicroorganism that is manipulated or altered such asthrough gene insertion, mutation etc can be the subject of apatent.

Microorganisms for the Purposes of Patent Procedure wasintroduced in 1980 in an effort to implement suchrecommendations.

³ Microorganisms that are naturally occurring cannot be thesubject of patents. However, a naturally occurringmicroorganism that is manipulated or altered such asthrough gene insertion, mutation etc can be the subject of apatent.

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Budapest TreatyBudapest Treaty³ 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.

³ In the case of inventions involving the use ofmicroorganisms, these patentability requirements may be

³ Patent law requires that the details of an invention must befully 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.

³ In the case of inventions involving the use ofmicroorganisms, these patentability requirements may bemicroorganisms, these patentability requirements may bedifficult to fulfill.

³ 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 toisolate and improve exactly the same strain from the soil inexactly the same way

microorganisms, these patentability requirements may bedifficult to fulfill.

³ 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 toisolate and improve exactly the same strain from the soil inexactly the same way

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Madrid System for the International Registration of Trade Marks

Madrid System for the International Registration of Trade Marks

³The Madrid system for the internationalregistration of marks (the Madrid system)established in 1891 functions under the MadridAgreement (1891), and the Madrid Protocol(1989). It is administered by the InternationalBureau of WIPO located in Geneva, Switzerland.

³The Madrid system for the internationalregistration of marks (the Madrid system)established in 1891 functions under the MadridAgreement (1891), and the Madrid Protocol(1989). It is administered by the InternationalBureau of WIPO located in Geneva, Switzerland.Bureau of WIPO located in Geneva, Switzerland.

³Thanks to the international procedural mechanism,the Madrid system offers a trademark owner thepossibility to have his trademark protected inseveral countries by simply filing one applicationdirectly with his own national or regionaltrademark office

Bureau of WIPO located in Geneva, Switzerland.³Thanks to the international procedural mechanism,

the Madrid system offers a trademark owner thepossibility to have his trademark protected inseveral 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 Marks³An international mark so registered is equivalent to

an 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 themark is the same as if it had been registered by

³An 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 themark is the same as if it had been registered bymark is the same as if it had been registered bythat Office.

³The Madrid system also simplifies greatly thesubsequent management of the mark, since it ispossible to record subsequent changes or to renewthe registration through a single procedural step.Further countries may be designatedsubsequently.

mark is the same as if it had been registered bythat Office.

³The Madrid system also simplifies greatly thesubsequent management of the mark, since it ispossible to record subsequent changes or to renewthe registration through a single procedural step.Further countries may be designatedsubsequently. 25

Nice Agreement International Classification

Nice Agreement International Classification

³Nice 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,andamended on September 28, 1979

³Nice 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,andamended on September 28, 1979amended on September 28, 1979

³Vienna Agreement Establishing an InternationalClassification of the Figurative Elements of Marks

³Done at Vienna on June 12, 1973 as amended onOctober 1, 1985

amended on September 28, 1979³Vienna Agreement Establishing an International

Classification of the Figurative Elements of Marks³Done at Vienna on June 12, 1973 as amended on

October 1, 1985

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The Trademark Law TreatyThe Trademark Law Treaty

³Another treaty of some importance affectinginternational practice, the Trademark Law Treaty(“TLT”) was adopted on October 27, 1994 andsigned in Geneva on October 28, 1994 by thirty-nine member countries

³The original aim of the negotiations for this

³Another treaty of some importance affectinginternational practice, the Trademark Law Treaty(“TLT”) was adopted on October 27, 1994 andsigned in Geneva on October 28, 1994 by thirty-nine member countries

³The original aim of the negotiations for this³The original aim of the negotiations for thistreaty, which in its infancy was entitled a"Proposed Treaty on the Harmonization of Lawsfor the Protection of Marks", was to harmonizethe trademarks laws of the eventual signatorystates in numerous areas, both administrative andsubstantive, including harmonization of thedefinition of registerable marks;

³The original aim of the negotiations for thistreaty, which in its infancy was entitled a"Proposed Treaty on the Harmonization of Lawsfor the Protection of Marks", was to harmonizethe trademarks laws of the eventual signatorystates in numerous areas, both administrative andsubstantive, including harmonization of thedefinition of registerable marks; 27

The Trademark Law TreatyThe Trademark Law Treaty

³provision for registration of sound marks;³ elimination of the "doing business" requirement for

parties to own trademark registrations;³ provision of opposition procedures;³harmonization of the definition of objectionable

³provision for registration of sound marks;³ elimination of the "doing business" requirement for

parties to own trademark registrations;³ provision of opposition procedures;³harmonization of the definition of objectionable³harmonization of the definition of objectionable

marks, both on the grounds of absolute and relativeregistrability;

³harmonization of the rights conferred by registrationand when such rights are exhausted;

³and the protection of well-known marks and marksof high renown

³harmonization of the definition of objectionablemarks, both on the grounds of absolute and relativeregistrability;

³harmonization of the rights conferred by registrationand when such rights are exhausted;

³and the protection of well-known marks and marksof high renown 28

For Copyright-The Berne ConventionFor Copyright-The Berne Convention

³The 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.

³The convention was first adopted in 1886 in

³The 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.

³The convention was first adopted in 1886 in³The convention was first adopted in 1886 inBerne, 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.

³The convention was first adopted in 1886 inBerne, 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 its working

The Berne Convention and its working

³ 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 author’s home country, therewas very little protection for copyright work.

³ As you will see from the list of Berne Convention

³ 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 author’s home country, therewas very little protection for copyright work.

³ As you will see from the list of Berne Convention³ As you will see from the list of Berne Conventionsignatories, most nations have adopted the convention.Additionally, the TRIPs Agreement requires all World TradeOrganization members

³ The Berne Convention requires member nations to offerthe 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.

³ As you will see from the list of Berne Conventionsignatories, most nations have adopted the convention.Additionally, the TRIPs Agreement requires all World TradeOrganization members

³ The Berne Convention requires member nations to offerthe 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

Berne Convention basic normsBerne Convention basic norms³The Berne Convention states that all works shall be

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

³For photography the minimum term is 25 yearsfrom the year the photograph was created

³For cinematography the minimum term is 50 yearsafter first showing, or, if the work has never been

³The Berne Convention states that all works shall beprotected for at least 50 years after the author'sdeath with the following exceptions

³For photography the minimum term is 25 yearsfrom the year the photograph was created

³For cinematography the minimum term is 50 yearsafter first showing, or, if the work has never beenafter first showing, or, if the work has never beenshown, 50 years from the creation date.

³Note: These are the minimum terms of protection.Countries are free to provide longer terms ofprotection under national law. In the UK forexample the standard period of protection is 70years from the death of the author.

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

³Note: These are the minimum terms of protection.Countries are free to provide longer terms ofprotection under national law. In the UK forexample the standard period of protection is 70years from the death of the author. 31

Universal Copyright ConventionUniversal Copyright Convention³The Universal Copyright Convention (or UCC),

adopted at Geneva in 1952, is one of the twoprincipal international conventionsprotecting copyright; the other is the BerneConvention.

³The UCC was developed by United NationsEducational, Scientific and Cultural Organization as

³The Universal Copyright Convention (or UCC),adopted at Geneva in 1952, is one of the twoprincipal international conventionsprotecting copyright; the other is the BerneConvention.

³The UCC was developed by United NationsEducational, Scientific and Cultural Organization asEducational, Scientific and Cultural Organization asan alternative to the Berne Convention for thosestates which disagreed with aspects of the BerneConvention, but still wished to participate in someform of multilateral copyright protection.

Educational, Scientific and Cultural Organization asan alternative to the Berne Convention for thosestates which disagreed with aspects of the BerneConvention, but still wished to participate in someform of multilateral copyright protection.

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UCC 1952UCC 1952³These states included developing countries and

the Soviet Union, which thought that the strongcopyright protections granted by the BerneConvention overly benefited Western developedcopyright-exporting nations, and the UnitedStates and most of Latin America. The United States

³These 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 UnitedStates and most of Latin America. The United StatesStates and most of Latin America. The United Statesand Latin America were already members of a Pan-American copyright convention, which was weakerthan the Berne Convention. The Berne Conventionstates also became party to the UCC, so that theircopyrights would exist in non-Berne conventionstates.

States and most of Latin America. The United Statesand Latin America were already members of a Pan-American copyright convention, which was weakerthan the Berne Convention. The Berne Conventionstates also became party to the UCC, so that theircopyrights would exist in non-Berne conventionstates.

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Rome ConventionRome Convention³ The Rome Convention for the Protection of Performers,

Producers of Phonograms and Broadcasting Organisations wasaccepted by members of BIRPI, the predecessor to themodern World Intellectual Property Organization, on October26, 1961.

³ Convention drew up response to new technologies like taperecorders that made the reproduction of sounds and imageseasier and cheaper than ever before. Whereas earlier copyrightlaw, including international agreements like the 1886 Berne

³ The Rome Convention for the Protection of Performers,Producers of Phonograms and Broadcasting Organisations wasaccepted by members of BIRPI, the predecessor to themodern World Intellectual Property Organization, on October26, 1961.

³ Convention drew up response to new technologies like taperecorders that made the reproduction of sounds and imageseasier and cheaper than ever before. Whereas earlier copyrightlaw, including international agreements like the 1886 Bernelaw, including international agreements like the 1886 BerneConvention, 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:

law, including international agreements like the 1886 BerneConvention, 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:

34

Rome ConventionRome Convention³ The agreement extended copyright protection for the first

time from the author of a work to the creators and owners ofparticular, physical manifestations of intellectual property,such as audiocassettes or DVDs.

³ Performers (actors, singers, musicians, dancers and otherpersons who perform literary or artistic works) are protectedagainst certain acts they have not consented to.

³ Such acts are:

³ The agreement extended copyright protection for the firsttime from the author of a work to the creators and owners ofparticular, physical manifestations of intellectual property,such as audiocassettes or DVDs.

³ Performers (actors, singers, musicians, dancers and otherpersons who perform literary or artistic works) are protectedagainst certain acts they have not consented to.

³ Such acts are:³ Such acts are:³ the broadcasting and the communication to the public of

their live performance;³ the fixation of their live performance; the reproduction of

such 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.

³ Such acts are:³ the broadcasting and the communication to the public of

their live performance;³ the fixation of their live performance; the reproduction of

such 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.

35

Rome ConventionRome Convention³ Producers of phonograms enjoy the right to authorize or

prohibit the direct or indirect reproduction of theirphonograms.

³ Phonograms are defined in the Rome Convention asmeaning any exclusively aural fixation of sounds of aperformance or of other sounds.

³ Producers of phonograms enjoy the right to authorize orprohibit the direct or indirect reproduction of theirphonograms.

³ Phonograms are defined in the Rome Convention asmeaning any exclusively aural fixation of sounds of aperformance or of other sounds.performance or of other sounds.

³When 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.

performance or of other sounds.³When a phonogram published for commercial purposes

gives 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 Convention³Broadcasting organizations enjoy the right to

authorize or prohibit certain acts, namely:³the rebroadcasting of their broadcasts; the fixation

of their broadcasts; the reproduction of suchfixations;

³Broadcasting organizations enjoy the right toauthorize or prohibit certain acts, namely:

³the rebroadcasting of their broadcasts; the fixationof their broadcasts; the reproduction of suchfixations;fixations;

³the communication to the public of their televisionbroadcasts if such communication is made inplaces accessible to the public against payment ofan entrance fee.

fixations;³the communication to the public of their television

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

37

G I in Madrid system?G I in Madrid system?³The term “Geographical Indications” covers

different concepts such as the appellation of origin,a term which has been defined at the internationallevel in the Lisbon Agreement for the Protection ofAppellation of Origin Appellation of origin is a typeof GI which has a strong link between the origin ofthe product and it characteristics: “the quality and

³The 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 ofAppellation of Origin Appellation of origin is a typeof GI which has a strong link between the origin ofthe product and it characteristics: “the quality andthe product and it characteristics: “the quality andcharacteristics of which are due exclusively oressentially to the geographical environment,including natural and human factors”.

the product and it characteristics: “the quality andcharacteristics of which are due exclusively oressentially to the geographical environment,including natural and human factors”.

38

G I in Madrid system?G I in Madrid system?³ International trade made it important to try to

harmonize the different approaches and standards thatgovernments used to register GIs. The first attempts todo so were found in the Paris Convention on trademarks(1883), followed by a much more elaborate provision inthe 1958 Lisbon Agreement on the Protection ofAppellations of Origin and their Registration. Fewcountries joined the Lisbon agreement, however: by

³ International trade made it important to try toharmonize the different approaches and standards thatgovernments used to register GIs. The first attempts todo so were found in the Paris Convention on trademarks(1883), followed by a much more elaborate provision inthe 1958 Lisbon Agreement on the Protection ofAppellations of Origin and their Registration. Fewcountries joined the Lisbon agreement, however: bycountries joined the Lisbon agreement, however: by1997 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 geographicalindications were registered by Lisbon Agreementmembers as of 1997.

countries joined the Lisbon agreement, however: by1997 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 geographicalindications were registered by Lisbon Agreementmembers as of 1997.

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Hague System for the International Registration of Industrial Designs

Hague System for the International Registration of Industrial Designs

³The Hague System for the InternationalRegistration of Industrial Designs provides amechanism for registering a design in countriesand/ or intergovernmental organizationsmember of the Hague Agreement. It isadministered by the International Bureau of WIPO

³The Hague System for the InternationalRegistration of Industrial Designs provides amechanism for registering a design in countriesand/ or intergovernmental organizationsmember of the Hague Agreement. It isadministered by the International Bureau of WIPOadministered by the International Bureau of WIPOlocated in Geneva, Switzerland.

³This System gives the owner of an industrialdesign the possibility to have his design protectedin several countries by simply filing oneapplication with the International Bureau ofWIPO, in one language, with one set of fees inone currency (Swiss Francs).

administered by the International Bureau of WIPOlocated in Geneva, Switzerland.

³This System gives the owner of an industrialdesign the possibility to have his design protectedin several countries by simply filing oneapplication with the International Bureau ofWIPO, in one language, with one set of fees inone currency (Swiss Francs). 40

Hague SystemHague System

³An 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 thenational office of that country.

³An 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 thenational office of that country.national office of that country.

³The Hague System simplifies the managementof 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.

national office of that country.³The 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

³ LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONALCLASSIFICATION FOR INDUSTRIAL DESIGNSSigned at Locarno on October 8, 1968as amended on September 28, 1979

³ (1) The countries to which this Agreement applies constitutea Special Union.

³ LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONALCLASSIFICATION FOR INDUSTRIAL DESIGNSSigned at Locarno on October 8, 1968as amended on September 28, 1979

³ (1) The countries to which this Agreement applies constitutea Special Union.a Special Union.

³ (2) They adopt a single classification for industrial designs(hereinafter designated as "the international classification").

³ (3) The international classification shall comprise:³ (i) a list of classes and subclasses;³ (ii) an alphabetical list of goods in which industrial designs

are incorporated, with an indication of the classes andsubclasses into which they fall;

a Special Union.³ (2) They adopt a single classification for industrial designs

(hereinafter designated as "the international classification").³ (3) The international classification shall comprise:³ (i) a list of classes and subclasses;³ (ii) an alphabetical list of goods in which industrial designs

are incorporated, with an indication of the classes andsubclasses into which they fall; 42

Agreement on Trade-Related Aspects of Intellectual Property Rights

Agreement on Trade-Related Aspects of Intellectual Property Rights

³The TRIPS is off shoot of the MarrakeshAgreement establishing the world WTO (WorldTrade Organisation) signed in Marrakesh, Morocco.

³The Agreement on Trade-Related Aspects of

³The TRIPS is off shoot of the MarrakeshAgreement establishing the world WTO (WorldTrade Organisation) signed in Marrakesh, Morocco.

³The Agreement on Trade-Related Aspects of³The Agreement on Trade-Related Aspects ofIntellectual 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 membersof the World Trade Organization (WTO).

³The Agreement on Trade-Related Aspects ofIntellectual 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 membersof the World Trade Organization (WTO).

43

Trade-Related Aspects of Intellectual Property Rights

Trade-Related Aspects of Intellectual Property Rights

³The TRIPS Agreement sets minimum standards inthe 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 enactand implement their patent laws. These standards

³The TRIPS Agreement sets minimum standards inthe 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 enactand implement their patent laws. These standardsand implement their patent laws. These standardsinclude, 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’.

and implement their patent laws. These standardsinclude, 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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³The three main features of the Agreement are:³Standards. In respect of each of the main areas of

intellectual property covered by the TRIPS Agreement,the Agreement sets out the minimum standards ofprotection to be provided by each Member.

³Enforcement. The second main set of provisionsdeals with domestic procedures and remedies for theenforcement of intellectual property rights. The

³The three main features of the Agreement are:³Standards. In respect of each of the main areas of

intellectual property covered by the TRIPS Agreement,the Agreement sets out the minimum standards ofprotection to be provided by each Member.

³Enforcement. The second main set of provisionsdeals with domestic procedures and remedies for theenforcement of intellectual property rights. Theenforcement of intellectual property rights. TheAgreement lays down certain general principlesapplicable to all IPR enforcement procedures.

³Dispute settlement. The Agreement makes disputesbetween WTO Members about the respect of theTRIPS obligations subject to the WTO's disputesettlement procedures.

enforcement of intellectual property rights. TheAgreement lays down certain general principlesapplicable to all IPR enforcement procedures.

³Dispute 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 of Intellectual Property Rights

Trade-Related Aspects of Intellectual Property Rights

³PART II Standards Concerning the Availability, Scope and Use of Intellectual Property Rights

1. Copyright and Related Rights

2. Trademarks3. Geographical Indications

³PART II Standards Concerning the Availability, Scope and Use of Intellectual Property Rights

1. Copyright and Related Rights

2. Trademarks3. Geographical Indications3. Geographical Indications4. Industrial Designs5. Patents6. Layout-Designs (Topographies) of Integrated Circuits7. Protection of Undisclosed Information8. Control of Anti-Competitive Practices in Contractual

Licenses.

3. Geographical Indications4. Industrial Designs5. Patents6. Layout-Designs (Topographies) of Integrated Circuits7. Protection of Undisclosed Information8. Control of Anti-Competitive Practices in Contractual

Licenses.46

Trade-Related Aspects of Intellectual Property Rights

Trade-Related Aspects of Intellectual Property Rights

³ PART III Enforcement of Intellectual Property Rights

1. General Obligations2. Civil and Administrative Procedures and Remedies3. Provisional Measures4. Special Requirements Related to Border Measures

³ PART III Enforcement of Intellectual Property Rights

1. General Obligations2. Civil and Administrative Procedures and Remedies3. Provisional Measures4. Special Requirements Related to Border Measures4. Special Requirements Related to Border Measures5. Criminal Procedures³ PART IV Acquisition and Maintenance of Intellectual

Property Rights and Related Inter-Partes Procedures³ PART V Dispute Prevention and Settlement³ PART VI Transitional Arrangements³ PART VII Institutional Arrangements; Final Provisions

4. Special Requirements Related to Border Measures5. Criminal Procedures³ PART IV Acquisition and Maintenance of Intellectual

Property Rights and Related Inter-Partes Procedures³ PART V Dispute Prevention and Settlement³ PART VI Transitional Arrangements³ PART VII Institutional Arrangements; Final Provisions

47

Trade-Related Aspects of Intellectual Property Rights

Trade-Related Aspects of Intellectual Property Rights

³PART IV Acquisition and Maintenance ofIntellectual Property Rights andRelated Inter-Partes Procedures

³

³PART IV Acquisition and Maintenance ofIntellectual Property Rights andRelated Inter-Partes Procedures

³³

³PART V Dispute Prevention and Settlement³PART VI Transitional Arrangements³PART VII Institutional Arrangements; Final

Provisions

³

³PART V Dispute Prevention and Settlement³PART VI Transitional Arrangements³PART VII Institutional Arrangements; Final

Provisions

48

³ Intellectual Property Rights (IPRs) were brought intoGATT Uruguay Round Agenda in the late 1980sthrough direct pressure by US pharmaceuticalcompanies. 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 USgovernment bemoaned that their top 200 companies

³ Intellectual Property Rights (IPRs) were brought intoGATT Uruguay Round Agenda in the late 1980sthrough direct pressure by US pharmaceuticalcompanies. 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 USgovernment bemoaned that their top 200 companiesgovernment bemoaned that their top 200 companieswere 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 ofIPRs were included hence the name. The thinking wasthat this could only cover matters related to trade.

government bemoaned that their top 200 companieswere 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 ofIPRs were included hence the name. The thinking wasthat this could only cover matters related to trade.

49

³ 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 ofthese 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 included–were supposed to have put a sui-generissystem in place by the end of 1999.

³ 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 ofthese 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 included–were supposed to have put a sui-generissystem in place by the end of 1999.system in place by the end of 1999.

³ 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 andcapable 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.

system in place by the end of 1999.³ The patent system of intellectual property rights denies

property 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 andcapable 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

TRIPsTRIPs³ TRIPs raises important questions for Africa in three main

areas:³ Biopiracy: under TRIPs, the right of communities to control

their natural resources is not guaranteed. Indeed TRIPsdoes not recognise a community’s ownership of theresources it has tended for thousands of years

³ Farmers’ Rights: As with community Rights, farmers’ rights

³ TRIPs raises important questions for Africa in three mainareas:

³ Biopiracy: under TRIPs, the right of communities to controltheir natural resources is not guaranteed. Indeed TRIPsdoes not recognise a community’s ownership of theresources it has tended for thousands of years

³ Farmers’ Rights: As with community Rights, farmers’ rights³ Farmers’ Rights: As with community Rights, farmers’ rightsare not provided for under the TRIPs agreement. TRIPsdoes not permit farmers to save seed grown on their ownland for future use.

³ Health and Pharmaceuticals: Patents on pharmaceuticalshave 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

³ Farmers’ Rights: As with community Rights, farmers’ rightsare not provided for under the TRIPs agreement. TRIPsdoes not permit farmers to save seed grown on their ownland for future use.

³ Health and Pharmaceuticals: Patents on pharmaceuticalshave 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

³ 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 drugsbecause 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 ofthe TRIPs Agreement to curtail the Public Health problems

³ 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 drugsbecause 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 ofthe TRIPs Agreement to curtail the Public Health problemsthe TRIPs Agreement to curtail the Public Health problemscountries were facing.

³ 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 theend 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

the TRIPs Agreement to curtail the Public Health problemscountries were facing.

³ 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 theend 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 52

World Intellectual Property

Organization (WIPO)

World Intellectual Property

Organization (WIPO) ³ The World Intellectual Property

Organization (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".

³ 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".

³WIPO 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

³WIPO 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

53

World Intellectual Property Organization (WIPO)

World Intellectual Property Organization (WIPO)

³The predecessor to WIPO wasthe BIRPI (Bureaux Internationaux Réunispour la Protection de la PropriétéIntellectuelle, French acronym for United

³The predecessor to WIPO wasthe BIRPI (Bureaux Internationaux Réunispour la Protection de la PropriétéIntellectuelle, French acronym for UnitedIntellectuelle, French acronym for UnitedInternational Bureaux for the Protection ofIntellectual Property), which had beenestablished in 1893 to administer the Berneconvention for the protection of literary andArtistic works and the Paris Convention forthe Protection of Industrial Property.

Intellectuelle, French acronym for UnitedInternational Bureaux for the Protection ofIntellectual Property), which had beenestablished in 1893 to administer the Berneconvention for the protection of literary andArtistic works and the Paris Convention forthe Protection of Industrial Property.

54

World Intellectual Property Organization (WIPO)

World Intellectual Property Organization (WIPO)

³WIPO was formally created bythe Convention Establishing the WorldIntellectual Property Organization, whichentered into force on April 26, 1970. Under

³WIPO was formally created bythe Convention Establishing the WorldIntellectual Property Organization, whichentered into force on April 26, 1970. Underentered into force on April 26, 1970. UnderArticle 3 of this Convention, WIPO seeks to"promote the protection of intellectualproperty throughout the world." WIPObecame a specialized agency of the UN in1974.

entered into force on April 26, 1970. UnderArticle 3 of this Convention, WIPO seeks to"promote the protection of intellectualproperty throughout the world." WIPObecame a specialized agency of the UN in1974.

55

³The Agreement marked a transition for WIPO fromthe mandate it inherited in 1967 from BIRPI, topromote the protection of intellectual property, toone that involved the more complex task ofpromoting technology transfer and economicdevelopment

³Unlike other branches of the United Nations, WIPOhas significant financial resources independent of

³The Agreement marked a transition for WIPO fromthe mandate it inherited in 1967 from BIRPI, topromote the protection of intellectual property, toone that involved the more complex task ofpromoting technology transfer and economicdevelopment

³Unlike other branches of the United Nations, WIPOhas significant financial resources independent ofhas significant financial resources independent ofthe 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 (the PatentCooperation Treaty, the Madrid system for trademarks and the Hague system for industrial designs)

has significant financial resources independent ofthe 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 (the PatentCooperation Treaty, the Madrid system for trademarks and the Hague system for industrial designs)56

THANK YOU FOR YOUR THANK YOU FOR YOUR ATTENTION ATTENTION !!

THANK YOU FOR YOUR THANK YOU FOR YOUR ATTENTION ATTENTION !!

ANY QUESTIONS?ANY QUESTIONS?

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