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Leading International
Instruments concerning
   Intellectual Property
                  Rights
               Sanjeev kr. Chaswal
         Advocate and IPR Attorney
  LL.M. IPR and ARB .and MS Cyber
                   law and security
                                  1
Global Initiatives-A history
◊ The disruptions of world economy caused two world
  wars, thus stalled late 19th century development during
  the wars years virtually free trade between international
  community was abandoned. Toward the end of World
  War II, representatives of the US and its Allied Forces
  endeavored to work out the arrangements for a new
  world order in the post war era.
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.



                                                           2
United nations Monetary and Financial
 conference “Bretton Woods Conference”
³The United Nations Monetary and Financial
 Conference opened on July 1, 1944 in Bretton
 Woods, New Hampshire. Forty-four governments
 accepted the invitation of President Roosevelt to
 come together for the purposes of promoting
 international economic stability. U.S. Secretary of
 the Treasury Henry Morgenthau was elected
 president of the Conference.



  12/26/2012                                     3
“Bretton Woods Conference”
³ This conference was attended by 730 delegates of the
  45 allied nations this conference
³ Three commissions were established to conduct the
  work of the Conference: Commission I was charged
  with formulating the Articles of Agreement of the
  International Monetary Fund, Commission II assumed
  the same responsibility with respect to the
  International     Bank     for    Reconstruction   and
  Development, and Commission III was to consider
  other means on international financial cooperation



   12/26/2012                                        4
“Bretton Woods Conference”
³By the end of the Conference, the Articles of
 Agreement of the IMF and the Articles of
 Agreement of the IBRD were ready for ratification
 by member governments. The Articles of
 Agreement for both organizations entered into
 force on December 27, 1945.
³The Inaugural Meeting of the Boards of Governors
 of the Fund and the Bank took place on
 Wilmington Island, Georgia, near Savannah, in
 March 1946.
³Bretton Woods Monetary Conference, held on July
 1-22, 1944
                                               5
Creation of Three institutions
                          including UN
³i)   International Monetary Fund (IMF) was
 established to facilitate international payments.
³(ii) International Bank for Reconstruction and
 Development. After the War, European countries
 and Japan had to rebuild their production plants;
 this meant that these countries required a large
 amount of foreign capital.




                                              6
Creation of Three
                institutions and UN
³To encourage free flow of private capital,
 International Bank for Re-construction and
 Development (IBRD, now the World Bank) was
 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 established
 in 1945 to replaced the League of Nations.
                                                 7
Journey from GATT to
                       WTO
From a provisional agreement to an
Organisation:
³Havana Charter
³GATT (1 January 1948 – 31 December 1995)
³23 Contracting Parties à 123
³8 Rounds of Negotiations
³WTO was created finally on (1 January 1995)

                                            8
GATT NEGOTIATIONS
Year          Place/Name        Topics covered    Countries

1947      Geneva                    Tariffs          23
1949      Annecy                    Tariffs          13
1951      Torquay                   Tariffs          38
1956      Geneva                    Tariffs          26

1960-61   Geneva (Dillon Rnd)       Tariffs          26

          Geneva (Kennedy
1964-67                          Tariffs & AD        62
          Rnd)
1973-79   Geneva (Tokyo Rnd)    Tariffs, NTBs &     102
                                 “framework
                                 Agreements”
                                                          9
Creation of GATT
³GATT (General Agreement on Tariffs
 and trade was the result of an
 international conference held at Geneva
 in 1947 to consider a draft charter for
 the International Trade Organization
 (ITO). The US initiated negotiations
 with 22 other countries that led to
 commitments to regulate 45,000 tariff
 rates.

                                      10
Creation of GATT
³ General Agreement on Tariffs and Trade.
  Treaty organization affiliated with the United
  Nations whose purpose was to facilitate international
  trade. The primary actions of the organization were
  to    freeze   and    reduce    tariff   levels   on
  various commodities and was originally intended to
  become a part of the International Trade
  Organization (ITO); however, the ITO failed to be
  created, so the GATT was left as an independent
  organization. In 1994, GATT was superseded by
  the                                             WTO.
Creation of GATT
³Technically, GATT was viewed as an agreement
 under the provisions of US Reciprocal Trade Act
 of 1934, and hence did not require approval of
 Congress. It was considered a provisional
 agreement that would be replaced once the ITO
 became operational to take over its functions.
³So GATT began its provisional existence on
 January 1, 1948, when 23 contracting parties
 signed the agreement. However, US Congress
 refused in 1950 to ratify the treaty establishing
 the ITO.

                                              12
What is WTO and its objectives
    An international Organization:
   ³Organization created by the Marrakesh Agreement
   ³ Sui generis organisation (independent from the United
     Nation 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
                                                      13
   ³Protection of the environment
WTO: Functions and its working
WTO Functions:      Administer   and   implement      the   WTO
agreements
  ³    Forum for negotiations
  ³    Administer Settlement of Disputes
  ³    Administer Trade Policy Review Mechanism
  ³    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                                14
WTO: How does it work?
WTO Structure
                                                  Appellate
          Ministerial Conference
                                                    Body
  TPRB          General Council       DSB         Dispute
                                                 Settlement
                                                   Panels
Goods Council      Services Council      CTD (Development)
                                         CTE (Environment)
 Committees          Committees          CRTA (Regionalism)
                                                BOP
                                               Budget
           TRIPS                          WG (Accessions,
           Council                    Investment, competition,
                                            Government
     Director-General                      Procurement)

    Secretariat                                          15
For Patents-The Paris Convention
³ The Paris Convention was first signed in 1883. Since then
  the Convention has been revised several times; in 1900 at
  Brussels, in 1911 at Washington, in 1925 at the Hague, in
  1934 at London, in 1958 at Lisbon and in 1967 at
  Stockholm. The last amendment took place in 1979. India
  became a member of the Paris Convention on December 7,
  1998. (Readers may note the use of the phrase 'Industrial
  Property' and not intellectual property).
³ The Paris Convention is an international convention for
  promoting trade among the member countries, devised to
  facilitate protection of industrial property simultaneously in
  the member countries without any loss in the priority date.
  All the member countries provide national treatment to all
  the applications from the other member countries for
  protection of industrial property rights.
³                                                         16
The PCT and its Provisions
³ The          Patent         Cooperation         Treaty       (PCT)       is
  an international patent law treaty, concluded in 1970. It provides a
  unified procedure for filing patent applications to protect inventions in
  each of its contracting states. A patent application filed under the PCT is
  called an international application, or PCT application.
³ The primary provisions with respect to trademarks are summarized as
  follows
³ Articles 2 and 3 - Eligible Parties
³ Article 4 - Convention Priority
³ Article 6bis - Well-known Marks
³ Article 6quinquies - telle quelle Registration
³ Article 6sexies - Protection of Service Marks
³ Article 6septies - Unauthorized Registration by Agent or
³ Representative
³ Article 8 - Protection of Trade Names
³ Article 10 bis - Unfair Competition                                  17
                                        ³
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 a
  search performed by an International Searching Authority
  (ISA), accompanied by a written opinion regarding the
  patentability of the invention, which is the subject of the
  application. It is optionally followed by a preliminary
  examination, performed by an International Preliminary
  Examining Authority (IPEA).
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 PCT
  application does not itself result in the grant of a patent,
  since there is no such thing as an "international patent", and
  the grant of patent is a prerogative of each national or
  regional authority.
                                                           18
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 into
 national or regional phases in order to proceed
 towards grant of one or more patents.
³The PCT procedure essentially leads to a standard
 national or regional patent application, which may
 be granted or rejected according to applicable law,
 in each jurisdiction in which a patent is desired.




                                                19
What is a PCT Application?
³ The Patent Cooperation Treaty or PCT is an international
  agreement for filing patent applications having effect in up to
  117 countries. Although the PCT system does not provide for
  the grant of an international patent, the system:
³ simplifies the process of filing patent applications
³ delays the expenses associated with applying for patent
  protection in other countries
³ 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 in
  order to simultaneously seek protection for an invention in up
  to 117 countries throughout the world.
                                                           20
International Convention for the Protection
          of New Varieties of Plants (UPOV)
³ The International Union for the Protection of New Varieties
  of Plants (UPOV) was established by the International
  Convention for the Protection of New Varieties of Plants
  ("UPOV Convention"). The UPOV Convention was adopted
  on December 2, 1961, by a Diplomatic Conference held in
  Paris.
³ The UPOV Convention came into force on August 10, 1968,
  having been ratified by the United Kingdom, the
  Netherlands and Germany. The UPOV Convention has been
  revised on November 10, 1972, on October 23, 1978, and
  on March 19, 1991, in order to reflect technological
  developments in plant breeding and experience acquired
  with the application of the UPOV Convention.
                                                        21
Budapest Treaty on the Deposit of
                       Microorganisms
³ To overcome these problems, intellectual property offices in
  many countries recommended that the written description
  of an invention involving the use of a new microorganism be
  supplemented by the deposit of the microorganism in a
  recognized culture collection. The Budapest Treaty on the
  International     Recognition     of    the    Deposit    of
  Microorganisms for the Purposes of Patent Procedure was
  introduced in 1980 in an effort to implement such
  recommendations.
³ Microorganisms that are naturally occurring cannot be the
  subject of patents. However, a naturally occurring
  microorganism that is manipulated or altered such as
  through gene insertion, mutation etc can be the subject of a
  patent.
                                                         22
Budapest Treaty
³ Patent law requires that the details of an invention must be
  fully disclosed in order for others skilled in the relevant field
  to be able to replicate it. Disclosure is normally achieved by
  means of a written description and supplemented where
  necessary by drawings.
³ In the case of inventions involving the use of
  microorganisms, these patentability requirements may be
  difficult to fulfill.
³ EXAMPLE: It would be almost impossible to describe an
  organism isolated from soil and improved by selection, e.g.
  mutation, so that another person could be guaranteed to
  isolate and improve exactly the same strain from the soil in
  exactly the same way
                                                              23
Madrid System for the International
                  Registration of Trade Marks
³The Madrid system for the international
 registration of marks (the Madrid system)
 established in 1891 functions under the Madrid
 Agreement (1891), and the Madrid Protocol
 (1989). It is administered by the International
 Bureau of WIPO located in Geneva, Switzerland.
³Thanks to the international procedural mechanism,
 the Madrid system offers a trademark owner the
 possibility to have his trademark protected in
 several countries by simply filing one application
 directly with his own national or regional
 trademark office
                                               24
Madrid System for Registration of Marks
³An international mark so registered is equivalent to
 an application or a registration of the same mark
 effected directly in each of the countries designated
 by the applicant. If the trademark office of a
 designated country does not refuse protection
 within a specified period, the protection of the
 mark is the same as if it had been registered by
 that Office.
³The Madrid system also simplifies greatly the
 subsequent management of the mark, since it is
 possible to record subsequent changes or to renew
 the registration through a single procedural step.
 Further      countries     may     be      designated
 subsequently.                                    25
Nice Agreement International
                      Classification
³Nice Agreement Concerning the International
 Classification of Goods and Services for the
 Purposes of the Registration of Marks of
 June 15, 1957, as revised at Stockholm on
 July 14, 1967,and at Geneva on May 13, 1977,and
 amended on September 28, 1979
³Vienna Agreement Establishing an International
 Classification of the Figurative Elements of Marks
³Done at Vienna on June 12, 1973 as amended on
 October 1, 1985

                                               26
The Trademark Law Treaty

³Another treaty of some importance affecting
 international practice, the Trademark Law Treaty
 (“TLT”) was adopted on October 27, 1994 and
 signed in Geneva on October 28, 1994 by thirty-
 nine member countries
³The original aim of the negotiations for this
 treaty, which in its infancy was entitled a
 "Proposed Treaty on the Harmonization of Laws
 for the Protection of Marks", was to harmonize
 the trademarks laws of the eventual signatory
 states in numerous areas, both administrative and
 substantive, including harmonization of the
 definition of registerable marks;            27
The Trademark Law Treaty
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
 marks, both on the grounds of absolute and relative
 registrability;
³harmonization of the rights conferred by registration
 and when such rights are exhausted;
³and the protection of well-known marks and marks
 of high renown                                  28
For Copyright-The Berne Convention
³The Berne Convention, or to use its formal title
 ‘Berne Convention for the Protection of Literary
 and Artistic Works’ is an international agreement
 which sets out to harmonize the way that
 copyright is regulated at an international level.
³The convention was first adopted in 1886 in
 Berne, Switzerland (hence the name), and since
 that time it has seen much change and revision:
 Completed at Paris (1896), revised at Berlin
 (1908), completed at Berne (1914), revised at
 Rome (1928), at Brussels (1948), at Stockholm
 (1967) and at Paris (1971), and amended in 1979.
                                              29
The Berne Convention and its
                                  working
³ Prior to the Berne Convention (and to a lesser degree the
  Universal Copyright Convention [UCC]), copyright law
  would usually only apply at a national level. This often
  meant that the outside of the author’s home country, there
  was very little protection for copyright work.
³ As you will see from the list of Berne Convention
  signatories, most nations have adopted the convention.
  Additionally, the TRIPs Agreement requires all World Trade
  Organization members
³ The Berne Convention requires member nations to offer
  the same protection to authors from other member
  countries that it provides to its own nationals. It also sets
  out a common framework of protection, and specifies
  minimum protection levels that are required.             30
Berne Convention basic norms
³The Berne Convention states that all works shall be
 protected for at least 50 years after the author's
 death with the following exceptions
³For photography the minimum term is 25 years
 from the year the photograph was created
³For cinematography the minimum term is 50 years
 after first showing, or, if the work has never been
 shown, 50 years from the creation date.
³Note: These are the minimum terms of protection.
 Countries are free to provide longer terms of
 protection under national law. In the UK for
 example the standard period of protection is 70
 years from the death of the author.            31
Universal Copyright Convention
³The Universal Copyright Convention (or UCC),
 adopted at Geneva in 1952, is one of the two
 principal         international          conventions
 protecting copyright; the other is the Berne
 Convention.
³The UCC was developed by United Nations
 Educational, Scientific and Cultural Organization as
 an alternative to the Berne Convention for those
 states which disagreed with aspects of the Berne
 Convention, but still wished to participate in some
 form of multilateral copyright protection.


                                                32
UCC 1952
³These states included developing countries and
 the Soviet Union, which thought that the strong
 copyright protections granted by the Berne
 Convention overly benefited Western developed
 copyright-exporting nations, and the United
 States and most of Latin America. The United States
 and Latin America were already members of a Pan-
 American copyright convention, which was weaker
 than the Berne Convention. The Berne Convention
 states also became party to the UCC, so that their
 copyrights would exist in non-Berne convention
 states.                                        33
Rome Convention
³ The Rome Convention for the Protection of Performers,
  Producers of Phonograms and Broadcasting Organisations was
  accepted by members of BIRPI, the predecessor to the
  modern World Intellectual Property Organization, on October
  26, 1961.
³ Convention drew up response to new technologies like tape
  recorders that made the reproduction of sounds and images
  easier and cheaper than ever before. Whereas earlier copyright
  law, including international agreements like the 1886 Berne
  Convention, had been written to regulate the circulation of
  printed materials, the Rome Convention responded to the new
  circumstance of ideas variously represented in easily
  reproduced units by covering performers and producers of
  recordings under copyright:



                                                          34
Rome Convention
³ The agreement extended copyright protection for the first
  time from the author of a work to the creators and owners of
  particular, physical manifestations of intellectual property,
  such as audiocassettes or DVDs.
³ Performers (actors, singers, musicians, dancers and other
  persons who perform literary or artistic works) are protected
  against certain acts they have not consented to.
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 their
  consent or if the reproduction is made for purposes different
  from those for which they gave their consent.
                                                           35
Rome Convention
³ Producers of phonograms enjoy the right to authorize or
  prohibit the direct or indirect reproduction of their
  phonograms.
³ Phonograms are defined in the Rome Convention as
  meaning any exclusively aural fixation of sounds of a
  performance or of other sounds.
³ When a phonogram published for commercial purposes
  gives rise to secondary uses (such as broadcasting or
  communication to the public in any form), a single
  equitable remuneration must be paid by the user to the
  performers, or to the producers of phonograms, or to both;
  contracting States are free, however, not to apply this rule
  or to limit its application.
                                                         36
Rome Convention
³Broadcasting organizations enjoy the right to
 authorize or prohibit certain acts, namely:
³the rebroadcasting of their broadcasts; the fixation
 of their broadcasts; the reproduction of such
 fixations;
³the communication to the public of their television
 broadcasts if such communication is made in
 places accessible to the public against payment of
 an entrance fee.


                                                 37
G I in Madrid system?
³The term “Geographical Indications” covers
 different concepts such as the appellation of origin,
 a term which has been defined at the international
 level in the Lisbon Agreement for the Protection of
 Appellation of Origin Appellation of origin is a type
 of GI which has a strong link between the origin of
 the product and it characteristics: “the quality and
 characteristics of which are due exclusively or
 essentially to the geographical environment,
 including natural and human factors”.



                                                 38
G I in Madrid system?
³ International trade made it important to try to
  harmonize the different approaches and standards that
  governments used to register GIs. The first attempts to
  do so were found in the Paris Convention on trademarks
  (1883), followed by a much more elaborate provision in
  the 1958 Lisbon Agreement on the Protection of
  Appellations of Origin and their Registration. Few
  countries joined the Lisbon agreement, however: by
  1997 there were only 17 members (Algeria, Bulgaria,
  Burkina Faso, Congo, Cuba, Czech Republic, France,
  Gabon, Haiti, Hungary, Israel, Italy, Mexico, Portugal,
  Slovakia, Togo, Tunisia). About 170 geographical
  indications were registered by Lisbon Agreement
  members as of 1997.
                                                    39
Hague System for the International
       Registration of Industrial Designs
³The Hague System for the International
 Registration of Industrial Designs provides a
 mechanism for registering a design in countries
 and/     or   intergovernmental       organizations
 member of the Hague Agreement. It is
 administered by the International Bureau of WIPO
 located in Geneva, Switzerland.
³This System gives the owner of an industrial
 design the possibility to have his design protected
 in several countries by simply filing one
 application with the International Bureau of
 WIPO, in one language, with one set of fees in
 one currency (Swiss Francs).                    40
Hague System
³An international registration produces the same
 effects in each of the designated countries, as if
 the design had been registered directly with each
 national office, unless protection is refused by the
 national office of that country.
³The Hague System simplifies the management
 of an industrial design registration, since it is
 possible to record subsequent changes or to
 renew the registration through a single procedural
 step with the International Bureau of WIPO.

                                                 41
LOCARNO AGREEMENT
³ LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONAL
  CLASSIFICATION            FOR       INDUSTRIAL          DESIGNS
  Signed        at     Locarno     on    October       8,     1968
  as amended on September 28, 1979
³ (1) The countries to which this Agreement applies constitute
  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 and
  subclasses into which they fall;                           42
Agreement on Trade-Related Aspects of
                 Intellectual Property Rights

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

³The Agreement on Trade-Related Aspects of
 Intellectual Property Rights (or TRIPS Agreement)
 set the standards for intellectual property
 protection in the world today. It came into force
 on 1 January 1995 and is binding on all members
 of the World Trade Organization (WTO).

                                              43
Trade-Related Aspects of Intellectual
                                 Property Rights
³The TRIPS Agreement sets minimum standards in
 the international rules governing patents, including
 on medicines. Countries that are members of the
 WTO (today, more than 150 countries) agree to
 certain common standards in the way they enact
 and implement their patent laws. These standards
 include, amongst others, that patents be given for
 a minimum of 20 years; that patents may be given
 both for products and processes; and that
 pharmaceutical test data be protected against
 ‘unfair commercial use’.

                                                 44
³ The three main features of the Agreement are:
³ Standards. In respect of each of the main areas of
  intellectual property covered by the TRIPS Agreement,
  the Agreement sets out the minimum standards of
  protection to be provided by each Member.
³ Enforcement. The second main set of provisions
  deals with domestic procedures and remedies for the
  enforcement of intellectual property rights. The
  Agreement lays down certain general principles
  applicable to all IPR enforcement procedures.
³ Dispute settlement. The Agreement makes disputes
  between WTO Members about the respect of the
  TRIPS obligations subject to the WTO's dispute
  settlement procedures.
                                                   45
Trade-Related Aspects of
                    Intellectual Property Rights
³PART II Standards Concerning the Availability,
 Scope and Use of Intellectual Property Rights
1.   Copyright and Related Rights
2.   Trademarks
3.   Geographical Indications
4.   Industrial Designs
5.   Patents
6.   Layout-Designs (Topographies) of Integrated Circuits
7.   Protection of Undisclosed Information
8.   Control of Anti-Competitive Practices in Contractual
     Licenses.
                                                            46
Trade-Related Aspects of Intellectual
                            Property Rights
³ PART III Enforcement of Intellectual Property
   Rights
1. General Obligations
2. Civil and Administrative Procedures and Remedies
3. Provisional Measures
4. Special Requirements Related to Border Measures
5. Criminal Procedures
³ PART IV Acquisition and Maintenance of Intellectual
   Property Rights and Related Inter-Partes Procedures
³ PART V Dispute Prevention and Settlement
³ PART VI Transitional Arrangements
³ PART VII Institutional Arrangements; Final Provisions
                                                  47
Trade-Related Aspects of Intellectual
                         Property Rights

³PART IV Acquisition and Maintenance of
  Intellectual    Property      Rights  and
  Related Inter-Partes Procedures
³
³PART V Dispute Prevention and Settlement
³PART VI Transitional Arrangements
³PART VII Institutional Arrangements; Final
  Provisions

                                         48
³ Intellectual Property Rights (IPRs) were brought into
  GATT Uruguay Round Agenda in the late 1980s
  through direct pressure by US pharmaceutical
  companies. They were complaining that since
  numerous countries do not provide adequate patent
  protection for drugs, they were being denied potential
  royalty payments. Quick to take up their cause, the US
  government bemoaned that their top 200 companies
  were losing $24 billion per year to such “piracy”.
  Developing countries resisted the introduction of IPRs
  into GATT, but they lacked the critical mass to block it.
  However, as a compromise only the trade aspects of
  IPRs were included hence the name. The thinking was
  that this could only cover matters related to trade.
                                                      49
³ As a result of this Agreement, the protection of intellectual
  property became an integral part of WTO. The Agreement
  covers each of the main areas of intellectual property. One of
  these areas in “patents’’ includes plant variety protection.
  Article 27.3(b) allows Member States to exclude plants and
  animals from patent protection subject to the establishment
  of an “effective’’ sui-generis system. Developing countries –
  Africa included–were supposed to have put a sui-generis
  system in place by the end of 1999.
³ The patent system of intellectual property rights denies
  property rights to local and indigenous knowledge, practices
  and innovations. TRIPs only recognises as worthy of
  protection inventions that conform to the Northern definition.
  Rights are recognized only when they generate profits and
  capable of industrial application. This excludes all sectors of
  society who produce outside the industrial code of production
  and for social good. Furthermore, the innovation to be
                                                            50
  accorded patent rights must be trade related.
TRIPs
³ 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 TRIPs
  does not recognise a community’s ownership of the
  resources it has tended for thousands of years
³ Farmers’ Rights: As with community Rights, farmers’ rights
  are not provided for under the TRIPs agreement. TRIPs
  does not permit farmers to save seed grown on their own
  land for future use.
³ Health and Pharmaceuticals: Patents on pharmaceuticals
  have led to high economic and social costs for countries and
  peoples in Africa. As the Doha Declaration confirms, TRIPs
  includes mechanisms intended to safeguard public health
                                                         51
  while respecting intellectual property rights
³ Manufacturers of medicinal drugs have taken advantage of
  the TRIPs Agreement to brand and patent their drugs to
  maximise on their profits. This has led to the suffering of
  many people who cannot afford to buy the patented drugs
  because of their high costs. WTO members, mostly
  developing countries, realising the suffering that their
  people were facing especially in the wake of HIV/AIDS,
  Malaria and Tuberculosis, advocated for the November 2001
  Doha Ministerial Conference to revoke certain provisions of
  the TRIPs Agreement to curtail the Public Health problems
  countries were facing.
³ Negotiations on the Doha Declaration on TRIPs and Public
  Health started in September 2002, with countries having
  been given a deadline to come up with a solution by the
  end of that year. No agreement was reached as other
  countries were backtracking; especially the US and the
  European Union who wanted to limit the scope of diseases
                                                        52
  to be covered under the Declaration
World Intellectual Property
                        Organization (WIPO)
³ The         World            Intellectual        Property
  Organization (WIPO) is one of the 17 specialized
  agencies of the united nations. WIPO was created in
  1967 "to encourage creative activity, to promote the
  protection of intellectual property throughout the world".

³ WIPO currently has 184 member states, administers 24
  international treaties and is headquartered in Geneva
  Switzerland. The current Director-General of WIPO
  is Francis Gurry, who took office on October 1,
  2008. 183 of the Un memebers of WIPO. Non-members
  are the states of small islands

                                                       53
World Intellectual Property
                Organization (WIPO)
³The      predecessor      to     WIPO     was
 the BIRPI (Bureaux Internationaux Réunis
 pour la Protection de la Propriété
 Intellectuelle, French acronym for United
 International Bureaux for the Protection of
 Intellectual Property), which had been
 established in 1893 to administer the Berne
 convention for the protection of literary and
 Artistic works and the Paris Convention for
 the Protection of Industrial Property.
                                            54
World Intellectual Property
                Organization (WIPO)
³WIPO       was     formally    created   by
 the Convention Establishing the World
 Intellectual Property Organization, which
 entered into force on April 26, 1970. Under
 Article 3 of this Convention, WIPO seeks to
 "promote the protection of intellectual
 property throughout the world." WIPO
 became a specialized agency of the UN in
 1974.
                                          55
³ The Agreement marked a transition for WIPO from
  the mandate it inherited in 1967 from BIRPI, to
  promote the protection of intellectual property, to
  one that involved the more complex task of
  promoting technology transfer and economic
  development
³ Unlike other branches of the United Nations, WIPO
  has significant financial resources independent of
  the contributions from its Member States. In 2006,
  over 90% of its income of just over CHF 250
  million[8] was expected to be generated from the
  collection of fees by the International Bureau (IB)
  under the intellectual property application and
  registration systems which it administers (the Patent
  Cooperation Treaty, the Madrid system for trade
  marks and the Hague system for industrial designs)56
THANK YOU FOR YOUR
        ATTENTION !
 ANY QUESTIONS?




                  57

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Microsoft power point international treaties wto, wipo ppt of llb 3rd year unit-ii [compatibility mode]

  • 1. Leading International Instruments concerning Intellectual Property Rights Sanjeev kr. Chaswal Advocate and IPR Attorney LL.M. IPR and ARB .and MS Cyber law and security 1
  • 2. Global Initiatives-A history ◊ The disruptions of world economy caused two world wars, thus stalled late 19th century development during the wars years virtually free trade between international community was abandoned. Toward the end of World War II, representatives of the US and its Allied Forces endeavored to work out the arrangements for a new world order in the post war era. 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. 2
  • 3. United nations Monetary and Financial conference “Bretton Woods Conference” ³The United Nations Monetary and Financial Conference opened on July 1, 1944 in Bretton Woods, New Hampshire. Forty-four governments accepted the invitation of President Roosevelt to come together for the purposes of promoting international economic stability. U.S. Secretary of the Treasury Henry Morgenthau was elected president of the Conference. 12/26/2012 3
  • 4. “Bretton Woods Conference” ³ This conference was attended by 730 delegates of the 45 allied nations this conference ³ Three commissions were established to conduct the work of the Conference: Commission I was charged with formulating the Articles of Agreement of the International Monetary Fund, Commission II assumed the same responsibility with respect to the International Bank for Reconstruction and Development, and Commission III was to consider other means on international financial cooperation 12/26/2012 4
  • 5. “Bretton Woods Conference” ³By the end of the Conference, the Articles of Agreement of the IMF and the Articles of Agreement of the IBRD were ready for ratification by member governments. The Articles of Agreement for both organizations entered into force on December 27, 1945. ³The Inaugural Meeting of the Boards of Governors of the Fund and the Bank took place on Wilmington Island, Georgia, near Savannah, in March 1946. ³Bretton Woods Monetary Conference, held on July 1-22, 1944 5
  • 6. Creation of Three institutions including UN ³i) International Monetary Fund (IMF) was established to facilitate international payments. ³(ii) International Bank for Reconstruction and Development. After the War, European countries and Japan had to rebuild their production plants; this meant that these countries required a large amount of foreign capital. 6
  • 7. Creation of Three institutions and UN ³To encourage free flow of private capital, International Bank for Re-construction and Development (IBRD, now the World Bank) was 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 established in 1945 to replaced the League of Nations. 7
  • 8. Journey from GATT to WTO From a provisional agreement to an Organisation: ³Havana Charter ³GATT (1 January 1948 – 31 December 1995) ³23 Contracting Parties à 123 ³8 Rounds of Negotiations ³WTO was created finally on (1 January 1995) 8
  • 9. GATT NEGOTIATIONS Year Place/Name Topics covered Countries 1947 Geneva Tariffs 23 1949 Annecy Tariffs 13 1951 Torquay Tariffs 38 1956 Geneva Tariffs 26 1960-61 Geneva (Dillon Rnd) Tariffs 26 Geneva (Kennedy 1964-67 Tariffs & AD 62 Rnd) 1973-79 Geneva (Tokyo Rnd) Tariffs, NTBs & 102 “framework Agreements” 9
  • 10. Creation of GATT ³GATT (General Agreement on Tariffs and trade was the result of an international conference held at Geneva in 1947 to consider a draft charter for the International Trade Organization (ITO). The US initiated negotiations with 22 other countries that led to commitments to regulate 45,000 tariff rates. 10
  • 11. Creation of GATT ³ General Agreement on Tariffs and Trade. Treaty organization affiliated with the United Nations whose purpose was to facilitate international trade. The primary actions of the organization were to freeze and reduce tariff levels on various commodities and was originally intended to become a part of the International Trade Organization (ITO); however, the ITO failed to be created, so the GATT was left as an independent organization. In 1994, GATT was superseded by the WTO.
  • 12. Creation of GATT ³Technically, GATT was viewed as an agreement under the provisions of US Reciprocal Trade Act of 1934, and hence did not require approval of Congress. It was considered a provisional agreement that would be replaced once the ITO became operational to take over its functions. ³So GATT began its provisional existence on January 1, 1948, when 23 contracting parties signed the agreement. However, US Congress refused in 1950 to ratify the treaty establishing the ITO. 12
  • 13. What is WTO and its objectives An international Organization: ³Organization created by the Marrakesh Agreement ³ Sui generis organisation (independent from the United Nation 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 13 ³Protection of the environment
  • 14. WTO: Functions and its working WTO Functions: Administer and implement the WTO agreements ³ Forum for negotiations ³ Administer Settlement of Disputes ³ Administer Trade Policy Review Mechanism ³ 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 14
  • 15. WTO: How does it work? WTO Structure Appellate Ministerial Conference Body TPRB General Council DSB Dispute Settlement Panels Goods Council Services Council CTD (Development) CTE (Environment) Committees Committees CRTA (Regionalism) BOP Budget TRIPS WG (Accessions, Council Investment, competition, Government Director-General Procurement) Secretariat 15
  • 16. For Patents-The Paris Convention ³ The Paris Convention was first signed in 1883. Since then the Convention has been revised several times; in 1900 at Brussels, in 1911 at Washington, in 1925 at the Hague, in 1934 at London, in 1958 at Lisbon and in 1967 at Stockholm. The last amendment took place in 1979. India became a member of the Paris Convention on December 7, 1998. (Readers may note the use of the phrase 'Industrial Property' and not intellectual property). ³ The Paris Convention is an international convention for promoting trade among the member countries, devised to facilitate protection of industrial property simultaneously in the member countries without any loss in the priority date. All the member countries provide national treatment to all the applications from the other member countries for protection of industrial property rights. ³ 16
  • 17. The PCT and its Provisions ³ The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. ³ The primary provisions with respect to trademarks are summarized as follows ³ Articles 2 and 3 - Eligible Parties ³ Article 4 - Convention Priority ³ Article 6bis - Well-known Marks ³ Article 6quinquies - telle quelle Registration ³ Article 6sexies - Protection of Service Marks ³ Article 6septies - Unauthorized Registration by Agent or ³ Representative ³ Article 8 - Protection of Trade Names ³ Article 10 bis - Unfair Competition 17 ³
  • 18. 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 a search performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patentability of the invention, which is the subject of the application. It is optionally followed by a preliminary examination, performed by an International Preliminary Examining Authority (IPEA). 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 PCT application does not itself result in the grant of a patent, since there is no such thing as an "international patent", and the grant of patent is a prerogative of each national or regional authority. 18
  • 19. 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 into national or regional phases in order to proceed towards grant of one or more patents. ³The PCT procedure essentially leads to a standard national or regional patent application, which may be granted or rejected according to applicable law, in each jurisdiction in which a patent is desired. 19
  • 20. What is a PCT Application? ³ The Patent Cooperation Treaty or PCT is an international agreement for filing patent applications having effect in up to 117 countries. Although the PCT system does not provide for the grant of an international patent, the system: ³ simplifies the process of filing patent applications ³ delays the expenses associated with applying for patent protection in other countries ³ 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 in order to simultaneously seek protection for an invention in up to 117 countries throughout the world. 20
  • 21. International Convention for the Protection of New Varieties of Plants (UPOV) ³ The International Union for the Protection of New Varieties of Plants (UPOV) was established by the International Convention for the Protection of New Varieties of Plants ("UPOV Convention"). The UPOV Convention was adopted on December 2, 1961, by a Diplomatic Conference held in Paris. ³ The UPOV Convention came into force on August 10, 1968, having been ratified by the United Kingdom, the Netherlands and Germany. The UPOV Convention has been revised on November 10, 1972, on October 23, 1978, and on March 19, 1991, in order to reflect technological developments in plant breeding and experience acquired with the application of the UPOV Convention. 21
  • 22. Budapest Treaty on the Deposit of Microorganisms ³ To overcome these problems, intellectual property offices in many countries recommended that the written description of an invention involving the use of a new microorganism be supplemented by the deposit of the microorganism in a recognized culture collection. The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure was introduced in 1980 in an effort to implement such recommendations. ³ Microorganisms that are naturally occurring cannot be the subject of patents. However, a naturally occurring microorganism that is manipulated or altered such as through gene insertion, mutation etc can be the subject of a patent. 22
  • 23. Budapest Treaty ³ Patent law requires that the details of an invention must be fully disclosed in order for others skilled in the relevant field to be able to replicate it. Disclosure is normally achieved by means of a written description and supplemented where necessary by drawings. ³ In the case of inventions involving the use of microorganisms, these patentability requirements may be difficult to fulfill. ³ EXAMPLE: It would be almost impossible to describe an organism isolated from soil and improved by selection, e.g. mutation, so that another person could be guaranteed to isolate and improve exactly the same strain from the soil in exactly the same way 23
  • 24. Madrid System for the International Registration of Trade Marks ³The Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid Agreement (1891), and the Madrid Protocol (1989). It is administered by the International Bureau of WIPO located in Geneva, Switzerland. ³Thanks to the international procedural mechanism, the Madrid system offers a trademark owner the possibility to have his trademark protected in several countries by simply filing one application directly with his own national or regional trademark office 24
  • 25. Madrid System for Registration of Marks ³An international mark so registered is equivalent to an application or a registration of the same mark effected directly in each of the countries designated by the applicant. If the trademark office of a designated country does not refuse protection within a specified period, the protection of the mark is the same as if it had been registered by that Office. ³The Madrid system also simplifies greatly the subsequent management of the mark, since it is possible to record subsequent changes or to renew the registration through a single procedural step. Further countries may be designated subsequently. 25
  • 26. Nice Agreement International Classification ³Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15, 1957, as revised at Stockholm on July 14, 1967,and at Geneva on May 13, 1977,and amended on September 28, 1979 ³Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks ³Done at Vienna on June 12, 1973 as amended on October 1, 1985 26
  • 27. The Trademark Law Treaty ³Another treaty of some importance affecting international practice, the Trademark Law Treaty (“TLT”) was adopted on October 27, 1994 and signed in Geneva on October 28, 1994 by thirty- nine member countries ³The original aim of the negotiations for this treaty, which in its infancy was entitled a "Proposed Treaty on the Harmonization of Laws for the Protection of Marks", was to harmonize the trademarks laws of the eventual signatory states in numerous areas, both administrative and substantive, including harmonization of the definition of registerable marks; 27
  • 28. The 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 marks, both on the grounds of absolute and relative registrability; ³harmonization of the rights conferred by registration and when such rights are exhausted; ³and the protection of well-known marks and marks of high renown 28
  • 29. For Copyright-The Berne Convention ³The Berne Convention, or to use its formal title ‘Berne Convention for the Protection of Literary and Artistic Works’ is an international agreement which sets out to harmonize the way that copyright is regulated at an international level. ³The convention was first adopted in 1886 in Berne, Switzerland (hence the name), and since that time it has seen much change and revision: Completed at Paris (1896), revised at Berlin (1908), completed at Berne (1914), revised at Rome (1928), at Brussels (1948), at Stockholm (1967) and at Paris (1971), and amended in 1979. 29
  • 30. The Berne Convention and its working ³ Prior to the Berne Convention (and to a lesser degree the Universal Copyright Convention [UCC]), copyright law would usually only apply at a national level. This often meant that the outside of the author’s home country, there was very little protection for copyright work. ³ As you will see from the list of Berne Convention signatories, most nations have adopted the convention. Additionally, the TRIPs Agreement requires all World Trade Organization members ³ The Berne Convention requires member nations to offer the same protection to authors from other member countries that it provides to its own nationals. It also sets out a common framework of protection, and specifies minimum protection levels that are required. 30
  • 31. Berne Convention basic norms ³The Berne Convention states that all works shall be protected for at least 50 years after the author's death with the following exceptions ³For photography the minimum term is 25 years from the year the photograph was created ³For cinematography the minimum term is 50 years after first showing, or, if the work has never been shown, 50 years from the creation date. ³Note: These are the minimum terms of protection. Countries are free to provide longer terms of protection under national law. In the UK for example the standard period of protection is 70 years from the death of the author. 31
  • 32. Universal Copyright Convention ³The Universal Copyright Convention (or UCC), adopted at Geneva in 1952, is one of the two principal international conventions protecting copyright; the other is the Berne Convention. ³The UCC was developed by United Nations Educational, Scientific and Cultural Organization as an alternative to the Berne Convention for those states which disagreed with aspects of the Berne Convention, but still wished to participate in some form of multilateral copyright protection. 32
  • 33. UCC 1952 ³These states included developing countries and the Soviet Union, which thought that the strong copyright protections granted by the Berne Convention overly benefited Western developed copyright-exporting nations, and the United States and most of Latin America. The United States and Latin America were already members of a Pan- American copyright convention, which was weaker than the Berne Convention. The Berne Convention states also became party to the UCC, so that their copyrights would exist in non-Berne convention states. 33
  • 34. Rome Convention ³ The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations was accepted by members of BIRPI, the predecessor to the modern World Intellectual Property Organization, on October 26, 1961. ³ Convention drew up response to new technologies like tape recorders that made the reproduction of sounds and images easier and cheaper than ever before. Whereas earlier copyright law, including international agreements like the 1886 Berne Convention, had been written to regulate the circulation of printed materials, the Rome Convention responded to the new circumstance of ideas variously represented in easily reproduced units by covering performers and producers of recordings under copyright: 34
  • 35. Rome Convention ³ The agreement extended copyright protection for the first time from the author of a work to the creators and owners of particular, physical manifestations of intellectual property, such as audiocassettes or DVDs. ³ Performers (actors, singers, musicians, dancers and other persons who perform literary or artistic works) are protected against certain acts they have not consented to. 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 their consent or if the reproduction is made for purposes different from those for which they gave their consent. 35
  • 36. Rome Convention ³ Producers of phonograms enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. ³ Phonograms are defined in the Rome Convention as meaning any exclusively aural fixation of sounds of a performance or of other sounds. ³ When a phonogram published for commercial purposes gives rise to secondary uses (such as broadcasting or communication to the public in any form), a single equitable remuneration must be paid by the user to the performers, or to the producers of phonograms, or to both; contracting States are free, however, not to apply this rule or to limit its application. 36
  • 37. Rome Convention ³Broadcasting organizations enjoy the right to authorize or prohibit certain acts, namely: ³the rebroadcasting of their broadcasts; the fixation of their broadcasts; the reproduction of such fixations; ³the communication to the public of their television broadcasts if such communication is made in places accessible to the public against payment of an entrance fee. 37
  • 38. 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 international level in the Lisbon Agreement for the Protection of Appellation of Origin Appellation of origin is a type of GI which has a strong link between the origin of the product and it characteristics: “the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors”. 38
  • 39. G I in Madrid system? ³ International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico, Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. 39
  • 40. Hague System for the International Registration of Industrial Designs ³The Hague System for the International Registration of Industrial Designs provides a mechanism for registering a design in countries and/ or intergovernmental organizations member of the Hague Agreement. It is administered by the International Bureau of WIPO located in Geneva, Switzerland. ³This System gives the owner of an industrial design the possibility to have his design protected in several countries by simply filing one application with the International Bureau of WIPO, in one language, with one set of fees in one currency (Swiss Francs). 40
  • 41. Hague System ³An international registration produces the same effects in each of the designated countries, as if the design had been registered directly with each national office, unless protection is refused by the national office of that country. ³The Hague System simplifies the management of an industrial design registration, since it is possible to record subsequent changes or to renew the registration through a single procedural step with the International Bureau of WIPO. 41
  • 42. LOCARNO AGREEMENT ³ LOCARNO AGREEMENT ESTABLISHING AN INTERNATIONAL CLASSIFICATION FOR INDUSTRIAL DESIGNS Signed at Locarno on October 8, 1968 as amended on September 28, 1979 ³ (1) The countries to which this Agreement applies constitute 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 and subclasses into which they fall; 42
  • 43. Agreement on Trade-Related Aspects of Intellectual Property Rights ³The TRIPS is off shoot of the Marrakesh Agreement establishing the world WTO (World Trade Organisation) signed in Marrakesh, Morocco. ³The Agreement on Trade-Related Aspects of Intellectual Property Rights (or TRIPS Agreement) set the standards for intellectual property protection in the world today. It came into force on 1 January 1995 and is binding on all members of the World Trade Organization (WTO). 43
  • 44. Trade-Related Aspects of Intellectual Property Rights ³The TRIPS Agreement sets minimum standards in the international rules governing patents, including on medicines. Countries that are members of the WTO (today, more than 150 countries) agree to certain common standards in the way they enact and implement their patent laws. These standards include, amongst others, that patents be given for a minimum of 20 years; that patents may be given both for products and processes; and that pharmaceutical test data be protected against ‘unfair commercial use’. 44
  • 45. ³ The three main features of the Agreement are: ³ Standards. In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets out the minimum standards of protection to be provided by each Member. ³ Enforcement. The second main set of provisions deals with domestic procedures and remedies for the enforcement of intellectual property rights. The Agreement lays down certain general principles applicable to all IPR enforcement procedures. ³ Dispute settlement. The Agreement makes disputes between WTO Members about the respect of the TRIPS obligations subject to the WTO's dispute settlement procedures. 45
  • 46. 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. Trademarks 3. Geographical Indications 4. Industrial Designs 5. Patents 6. Layout-Designs (Topographies) of Integrated Circuits 7. Protection of Undisclosed Information 8. Control of Anti-Competitive Practices in Contractual Licenses. 46
  • 47. Trade-Related Aspects of Intellectual Property Rights ³ PART III Enforcement of Intellectual Property Rights 1. General Obligations 2. Civil and Administrative Procedures and Remedies 3. Provisional Measures 4. Special Requirements Related to Border Measures 5. Criminal Procedures ³ PART IV Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures ³ PART V Dispute Prevention and Settlement ³ PART VI Transitional Arrangements ³ PART VII Institutional Arrangements; Final Provisions 47
  • 48. Trade-Related Aspects of Intellectual Property Rights ³PART IV Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures ³ ³PART V Dispute Prevention and Settlement ³PART VI Transitional Arrangements ³PART VII Institutional Arrangements; Final Provisions 48
  • 49. ³ Intellectual Property Rights (IPRs) were brought into GATT Uruguay Round Agenda in the late 1980s through direct pressure by US pharmaceutical companies. They were complaining that since numerous countries do not provide adequate patent protection for drugs, they were being denied potential royalty payments. Quick to take up their cause, the US government bemoaned that their top 200 companies were losing $24 billion per year to such “piracy”. Developing countries resisted the introduction of IPRs into GATT, but they lacked the critical mass to block it. However, as a compromise only the trade aspects of IPRs were included hence the name. The thinking was that this could only cover matters related to trade. 49
  • 50. ³ As a result of this Agreement, the protection of intellectual property became an integral part of WTO. The Agreement covers each of the main areas of intellectual property. One of these areas in “patents’’ includes plant variety protection. Article 27.3(b) allows Member States to exclude plants and animals from patent protection subject to the establishment of an “effective’’ sui-generis system. Developing countries – Africa included–were supposed to have put a sui-generis system in place by the end of 1999. ³ The patent system of intellectual property rights denies property rights to local and indigenous knowledge, practices and innovations. TRIPs only recognises as worthy of protection inventions that conform to the Northern definition. Rights are recognized only when they generate profits and capable of industrial application. This excludes all sectors of society who produce outside the industrial code of production and for social good. Furthermore, the innovation to be 50 accorded patent rights must be trade related.
  • 51. TRIPs ³ 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 TRIPs does not recognise a community’s ownership of the resources it has tended for thousands of years ³ Farmers’ Rights: As with community Rights, farmers’ rights are not provided for under the TRIPs agreement. TRIPs does not permit farmers to save seed grown on their own land for future use. ³ Health and Pharmaceuticals: Patents on pharmaceuticals have led to high economic and social costs for countries and peoples in Africa. As the Doha Declaration confirms, TRIPs includes mechanisms intended to safeguard public health 51 while respecting intellectual property rights
  • 52. ³ Manufacturers of medicinal drugs have taken advantage of the TRIPs Agreement to brand and patent their drugs to maximise on their profits. This has led to the suffering of many people who cannot afford to buy the patented drugs because of their high costs. WTO members, mostly developing countries, realising the suffering that their people were facing especially in the wake of HIV/AIDS, Malaria and Tuberculosis, advocated for the November 2001 Doha Ministerial Conference to revoke certain provisions of the TRIPs Agreement to curtail the Public Health problems countries were facing. ³ Negotiations on the Doha Declaration on TRIPs and Public Health started in September 2002, with countries having been given a deadline to come up with a solution by the end of that year. No agreement was reached as other countries were backtracking; especially the US and the European Union who wanted to limit the scope of diseases 52 to be covered under the Declaration
  • 53. World Intellectual Property Organization (WIPO) ³ The World Intellectual Property Organization (WIPO) is one of the 17 specialized agencies of the united nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world". ³ WIPO currently has 184 member states, administers 24 international treaties and is headquartered in Geneva Switzerland. The current Director-General of WIPO is Francis Gurry, who took office on October 1, 2008. 183 of the Un memebers of WIPO. Non-members are the states of small islands 53
  • 54. World Intellectual Property Organization (WIPO) ³The predecessor to WIPO was the BIRPI (Bureaux Internationaux Réunis pour la Protection de la Propriété Intellectuelle, French acronym for United International Bureaux for the Protection of Intellectual Property), which had been established in 1893 to administer the Berne convention for the protection of literary and Artistic works and the Paris Convention for the Protection of Industrial Property. 54
  • 55. World Intellectual Property Organization (WIPO) ³WIPO was formally created by the Convention Establishing the World Intellectual Property Organization, which entered into force on April 26, 1970. Under Article 3 of this Convention, WIPO seeks to "promote the protection of intellectual property throughout the world." WIPO became a specialized agency of the UN in 1974. 55
  • 56. ³ The Agreement marked a transition for WIPO from the mandate it inherited in 1967 from BIRPI, to promote the protection of intellectual property, to one that involved the more complex task of promoting technology transfer and economic development ³ Unlike other branches of the United Nations, WIPO has significant financial resources independent of the contributions from its Member States. In 2006, over 90% of its income of just over CHF 250 million[8] was expected to be generated from the collection of fees by the International Bureau (IB) under the intellectual property application and registration systems which it administers (the Patent Cooperation Treaty, the Madrid system for trade marks and the Hague system for industrial designs)56
  • 57. THANK YOU FOR YOUR ATTENTION ! ANY QUESTIONS? 57