World Intellectual Property

Organisation(WIPO)
SLS Hyderabad
World Intellectual Property (WIPO)
• Intellectual Property Rights (IPRs) are subject to territorial limitations.
• IPRs are substantially different from one country to another, the flow
of technology and intellectual resources/property would be severely
impeded
• 1873 – International Exhibition organized by Austria and Hungary –
witnessed such a situation
• Need for International understanding for protecting industrial
Property
• Two issues
• Diversity of Laws
• Applications to be made at the same time
World Intellectual Property (WIPO)

• Paris Convention 1883 and Berne Convention 1886

• Conventions provided for the establishment of international secretariats,
and both were placed under the supervision of the Swiss Federal
Government.
• A few officials for administering the conventions - located in Berne,
Switzerland.
• Unification of two secretariat – 1893 - Berne
• Former name of WIPO – BIRPI
• United International Bureaux for the Protection of Intellectual Property
• l960, BIRPI moved from Berne to Geneva.
WIPO
• At the l967 diplomatic conference in Stockholm, WIPO was
established
• WIPO to become a specialized agency of the United Nations - 1974
• Agreement between the United Nations and WIPO
• WIPO is responsible for taking appropriate action in accordance with its
basic instrument, treaties and agreements administered by it, for promoting
creative intellectual activity and for facilitating the transfer of technology
related to industrial property to the developing countries in order to
accelerate economic, social and cultural development.
Mission and Activities of WIPO – Article 3
• Mission - to promote through international cooperation the creation,
dissemination, use and protection of works of the human mind for
the economic, cultural and social progress of all mankind.
• To ensure administration of various IP related treaties such as Paris
Convention, Berne Convention etc.
 Functions of WIPO - Article 4
• Promote the development of measures designed to facilitate the efficient protection of
intellectual property throughout the world and to harmonize national legislation in this field;
• Perform the administrative tasks of the Paris Union, the Special Unions established in relation
with that Union, and the Berne Union;
• Agree to assume, or participate in, the administration of any other international agreement
designed to promote the protection of intellectual property;
• Encourage the conclusion of international agreements designed to promote the protection of
intellectual property;
• Offer its cooperation to States requesting legal-technical assistance in the field of intellectual
property;
• Assemble and disseminate information concerning the protection of intellectual property, carry
out and promote studies in this field, and publish the results of such studies;
• Maintain services facilitating the international protection of intellectual property and, where
appropriate, provide for registration in this field and the publication of the data concerning the
registrations;
• Take all other appropriate action.
STRUCTURE OF WIPO
• Main organs
• WIPO General Assembly
• WIPO Conference
• WIPO Coordination Committee
• WIPO Secretariat
WIPO General Assembly
• All member states of WIPO which are also members of any of
the Union
• Main functions
• Appointment of the Director General
• Review and approval of reports of the Director General
• Review and approval of reports and activities of the
coordination Committee
• Adoption of biennial budget common to the union
• Adoption of financial Regulation of the Organisation
WIPO Conference
• Composed of parties to the WIPO Convention
• Functions
• Acts as a forum for exchange of views on matters relating to IP and to make
recommendations
• To establish the biennial development cooperation program for developing
countries
• To adopt a budget for that purpose
• Conference is also competent to adopt amendments to the Convention
establishing WIPO.
• To determine which States and organizations would be admitted to its
meetings as observers
WIPO Coordination Committee
• Composed of members elected from among the members of
Executive Committee of Paris Union and the Executive Committee of
the Berne Union
• Functions
• To give advice to the organs of the union, General Assembly, the conference,
and the Director General
• Advice on all administrative and Financial matters of interest to these bodies
International Bureau of WIPO or Secretariat
• Headed by the Director General
• International Applications
WIPO
Why Intergovernmental Organisation like WIPO needed?
• IPR – Territorial in nature
• Works of the mind, including inventive ideas, do and should cross frontiers
with ease in a world of interdependent nations.
• To simplify practice through international standardization and mutual
recognition of rights and duties among nations
• Governments - negotiated and adopted multilateral treaties in the various
fields of intellectual property
• Establishes a “Union” of countries which agree to grant to nationals of
other countries of the Union the same protection as they grant to their
own, as well as to follow certain common rules, standards and practices.
WIPO
• A Union consists of all the States that are party to a particular treaty
• Administers 26 International Treaties
• The treaties fall into three groups
• First - establishes international protection- treaties which are the source
of legal protection agreed between countries at the international level.
• Eg Paris Convention, Berne Convention
• Second - facilitate international protection.
• Eg Patent Cooperation Treaty, Madrid Agreement/Protocol
• Third - establish classification systems and procedures for improving
them and keeping them up to date
• Eg : Nice Agreement , Locarno Agreement
WIPO
• Revising these treaties and establishing new ones are tasks which
require a constant effort of international cooperation and
negotiation, supported by a specialized secretariat.
• WIPO provides the framework and the services for this work.
Activities of WIPO
• WIPO’s place on the international scene has greatly changed since its
beginning
• Diversified Activities
• Growth of its registration activities - single procedure to apply for
patents, and registered trade marks and industrial designs valid up to
all member States of those treaties.
• Patent Law Treaty - to streamline application procedures and to
reduce the cost of obtaining simultaneous patent protection in
several countries.
Activities of WIPO
• Helping developing countries to receive the full benefits of the
creations of their citizens, as well as those of the outside world.
• Assist them also in the preparation and enforcement of laws, in the
establishment of sound institutions and administrative structures,
and in the training of appropriate personnel
• WIPO has given particular attention Least Developed Countries (LDCs)
and has also given similar assistance to countries whose economies
are in transition, in Central Asia, Central and Eastern Europe and in
the Baltic region.
Activities of WIPO
• WIPO along with WTO assists developing countries in the
implementation of WTO’s Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS).
• WIPO helps in identifying and promoting international solutions to
the legal and administrative problems posed by digital technology,
especially the Internet, to the traditional notions and practices of
intellectual property
• WIPO Arbitration and Mediation Center has been extended to cover
the problems arising from the misuse of domain names on the
Internet.
Activities of WIPO
• Worldwide global intellectual property information network
(WIPONET) - by WIPO in 1999
• WIPONET is designed to establish a secure, global network linking
the intellectual property offices of all WIPO’s Member States,
facilitating access to and exchange of information worldwide
Activities of WIPO
• WIPO – Global Approach - in the wider framework of emerging issues such
as traditional knowledge, folklore, biological diversity, environmental
protection and human rights.
• Significant task of WIPO today - to demystify intellectual property
• Small and Medium Sized Enterprises – WIPO has established a program
aimed at helping them to fulfill their potential as a powerful force behind
wealth creation.
• WIPO pursues a policy of empowerment - to give to all levels of society an
awareness of how they have a stake in a healthy intellectual property
system, and also to provide them access to the knowledge, experience and
expertise which will enable them effectively to use those systems.
What is WIPO?
• What is WIPO.mp4