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WIPO - World UPSC Polity


Intellectual Property Notes
Organisation: Working,
Functions
WIPO stands for World Intellectual Property Organisation. The WIPO Convention, which
created WIPO in 1967, outlines its mandate, governing bodies, and procedures. WIPO serves as
a global forum for information, cooperation, policy, and services related to intellectual property
(IP). WIPO is a self-funding agency of the United Nations consisting of 193 member states. The
mission of WIPO is to take the lead in creating a balanced and effective international IP system
that enables innovation and creativity for the welfare of all.

WIPO is one of the most important topics for the UPSC IAS exam. It covers a significant part of
the International Organisations subject in the General Studies Paper-2 syllabus.
In this article, we shall cover the overview of WIPO, and study in detail its types, members, etc.
for the UPSC exam.

Recent Update
The World Intellectual Property Report 2022 looks at historical scientific and technological
advancements from vaccine development during the Coronavirus outbreak. It intended to the rise
and prevalence of digital technologies of today to examine how crises like pandemics and wars
can influence the evolution of innovation. The research also demonstrates how policymakers may
encourage innovation in a path that best responds to societies’ needs to overcome the great
problems of climate change and health.

World Intellectual Property Indicators 2021


WIPO's World Intellectual Property Indicators provides a yearly summary of activity in the fields
of patents, utility models, trademarks, industrial designs, microorganisms, plant variety
protection, geographical indications, and the creative economy. It makes use of statistics from
roughly 150 national and regional IP offices, WIPO, survey information, and business sources.
The highlights of world intellectual property organisation WIPO 2021 indicators are listed below.
• Global patent applications increased by 1.6% in 2020.
• Asia accounted for two-thirds of all patent filing activity worldwide.
• India filed more than 400,000 trademark applications each year in 2020.
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• In Brazil, China, and India, applicants from the United States were the most active foreign
filers.
• India had over 370 Geographical Indications in force in 2020.
https://blogmedia.testbook.com/blog/wp-content/uploads/2022/09/wipo-1-e7aa2aca.png

Source: WIPO Report

https://blogmedia.testbook.com/blog/wp-content/uploads/2022/09/wipo-2-b7ae5e59.png

Source: WIPO Report

What is WIPO?
WIPO was established on 14 July 1967. It is one of the specialized agencies of the United Nations
Organizations. India is also a member of WIPO, since 1975. The Secretariat of the Organization
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is called the International Bureau. The Organization has Liaison Offices in Japan (Tokyo),
Singapore (Singapore), Brazil (Rio de Janeiro), and the United States of America (at the United
Nations in New York). The Director General, who is chosen by the WIPO General Assembly,
serves as the executive head of the International Bureau. He or she is supported by two or more
Deputy Directors General.

World Intellectual Property Organisation at Glance

WIPO Full Form World Intellectual Property Organisation


WIPO Established 14 July 1967

WIPO Headquarters Geneva, Switzerland

WIPO Membership 193 countries

Director General Daren Tang

What is Intellectual Property (IP)?


Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic
works; designs; symbols, names, and images used in commerce. Patents, copyright, and
trademarks are a few examples of IP protection under the law that allow people to profit financially
or gain recognition from their inventions. The IP system seeks to provide an environment where
creativity and innovation can thrive by striking the correct balance between the interests of
innovators and the larger public interest. Intellectual property rights (IPR) are rights granted for
above mentioned Intellectual Properties.

WIPO Patentscope
Patentscope is used to search 106 million patent documents including 4.4 million published international
patent applications (PCT). The access to international Patent Cooperation Treaty (PCT) applications is
provided by the PATENTSCOPE database. It is provided on the day of publication and to patent
documents of participating national and regional patent offices in full text format.

Types of Intellectual Properties


There are 6 types of intellectual properties: Copyrights, patents, Trademarks, Industrial designs,
Geographical indications, and Trade secrets. A detailed explanation of these Intellectual
Properties is given below.

Types of Intellectual Properties

SNo. Types Features

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1 Copyright The legal term "copyright" is used to refer to the ownership rights
that authors and artists have over their creative works.
2 Patents A patent is an exclusive right granted for an invention. In general, a
patent gives the owner the authority to determine if or how others
may use an invention.
3 Trademarks A trademark is a sign which distinguishes the goods or services of
one enterprise from those of other enterprises.
4 Industrial An industrial design constitutes the ornamental or aesthetic aspect of
designs an article. A design can include two-dimensional elements like
patterns, lines, or colours, as well as three-dimensional elements like
the shape or surface of an object.

5 Geographical Signs used on products with a specific geographical origin and


indications qualities, a reputation, or features that are fundamentally related to
that location of origin are known as geographical indications and
appellations of origin.
6 Trade secrets Trade secrets are IP rights on confidential information which may be
sold or licensed.

A Brief History of World intellectual property organisation (WIPO)


The WIPO Convention, the constituent instrument of the World Intellectual Property Organization
(WIPO), was signed in Stockholm on July 14, 1967, entered into force in 1970, and was amended
in 1979. The origins of WIPO go back to 1883 and 1886 when the Paris Convention for the
Protection of Industrial Property and the Berne Convention for the Protection of Literary and
Artistic Works, respectively, were concluded. Both Conventions provided for the establishment
of an "International Bureau".

World intellectual property organisation (WIPO) Timeline

Year Events Description

1883 Paris Convention Paris Convention for the Protection of Industrial Property was
the first major step taken to help creators ensure that their
intellectual works were protected in other countries.

1886 Berne Convention The aim of the Berne Convention for the Protection of Literary
and Artistic Works is to give creators the right to control and
receive payment for their creative works on an international
level.

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1891 Madrid Agreement Madrid System for the international registration of marks, the
first international IP filing service was launched.
1893 Establishment of The two secretariats set up to administer the Paris and Berne
BIRPI Conventions combine to form WIPO's immediate predecessor,
the United International Bureaux for the Protection of
Intellectual Property (BIRPI)
1970 BIRPI becomes The Convention establishing the World Intellectual Property
WIPO Organization (WIPO) comes into force and BIRPI is
transformed and becomes WIPO.
1974 WIPO joins the UN WIPO joins the United Nations (UN) and became a specialized
agency of the UN.

1978 PCT System The PCT international patent system is WIPO's largest
launched international IP filing system.

1994 Establishment of The WIPO Arbitration and Mediation Center offers alternative
AMC dispute resolution services to help solve international
commercial disputes between private parties.

1998 WIPO Academy The WIPO Academy is established to provide general and
specialized WIPO courses on IP.

2007 Adoption of WIPO In order to make sure that development issues are taken into
Development account throughout the Organization's activity, WIPO formally
Agenda endorses its development agenda.
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WIPO’s Mandate
WIPO's mandate is to lead the development of a balanced and effective international IP system
that enables innovation and creativity for the benefit of all.
Article 3 of the WIPO Convention lists its objectives. The objectives of the WIPO are listed below:
• To promote the protection of intellectual property throughout the world through
cooperation among States and, where appropriate, in collaboration with any other
international organization,
• To ensure administrative cooperation among the Unions.

Membership of WIPO
WIPO has 193 members in total. An instrument of ratification or accession must be deposited
with the Director General by a state before it can join WIPO. According to the WIPO Convention,
any state that meets the following criteria is eligible to join:
• If it is a member of the Berne Union for the Protection of Literary and Artistic Works; or
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• Member of the Paris Union for the Protection of Industrial Property, or


• A member of the United Nations, or of any of the United Nations Specialized Agencies, or
• International Atomic Energy Agency, or that is a party to the Statute of the International
Court of Justice; or
• If invited by the WIPO General Assembly to become a member state of the Organization.
Also, check out the article on the Index of Industrial Production here!

Working of WIPO
The primary decision-making bodies for each union's member states are the Assemblies of the
Member States, the WIPO General Assembly, the WIPO Conference, the WIPO Coordination
Committee, and the WIPO (e.g., the PCT Union Assembly; the Madrid Union Assembly, etc.).
Around 250 non-governmental and intergovernmental groups are also accredited as observers at
WIPO meetings.

Strategic Goals of WIPO


The first phase of a comprehensive strategic realignment process inside the Organization saw the
adoption of WIPO's nine strategic goals by our member states in December 2008. They reflect the
changing challenges confronting WIPO and intellectual property (IP). The strategic goals are
listed below.
• Balanced Evolution of the International Normative Framework for IP
• Provision of Premier Global IP Services
• Facilitating the Use of IP for Development
• Coordination and Development of Global IP Infrastructure
• World Reference Source for IP Information and Analysis
• International Cooperation on Building Respect for IP
• Addressing IP in Relation to Global Policy Issues
• A Responsive Communications Interface between WIPO, its Member States and All
Stakeholders
• An Efficient Administrative and Financial Support Structure to Enable WIPO to Deliver
its Programs
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Functions of WIPO
The functions of WIPO as paper Article 3 of the WIPO Convention are listed below.
• It would encourage the creation of policies aimed at facilitating effective intellectual
property protection on a global scale and coordinating national laws in this area.
• The administrative duties of the Paris Union, the Special Unions established in connection
with that Union, and the Berne Union should be carried out by WIPO.
• Any further international agreement intended to advance the protection of intellectual
property may be assumed by or involved in WIPO.
• It will push for the signing of international agreements aimed at advancing the defence of
intellectual property.
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• States desiring legal-technical help in the area of intellectual property may request
collaboration with WIPO.
• It will assemble and disseminate information about intellectual property protection,
conduct and support research in this area, and publish the findings of such research.
• WIPO must continue to offer services that aid in the protection of intellectual property
abroad and, where necessary, arrange for registration in this area and the publication of
data pertaining to registrations.

WIPO Treaties
The below table shows the various WIPO treaties, their purpose and whether it is acceded or ratified by
India.

WIPO Treaties

Treaty Purpose Acceded/Ratified


by India?

WIPO Performance The WIPO Performances and Phonograms Treaty Acceded:


and Phonograms (WPPT) specifically addresses the rights of two September 25, 2018
Treaty types of beneficiaries in the digital environment.
(i) performers (actors, singers, musicians, etc.)
and (ii) producers of phonograms

Budapest Treaty Budapest Treaty on the International Recognition Acceded:


of the Deposit of Microorganisms for the September 17, 2001
Purposes of Patent Procedure was adopted in
1977.
Madrid Protocol for The Madrid System is a cost-effective and Acceded: April 8,
the International convenient solution for registering and managing 2013
Registration of trademarks globally.
Marks
Marrakesh Treaty Marrakesh Treaty makes the production and Ratified: June 24,
international transfer of specially-adapted books 2014
for people with blindness or visual impairments
easier. It does this by establishing a set of
limitations and exceptions to traditional copyright
law.
WIPO Copyright Under the Berne Convention, a specific Acceded:
Treaty agreement known as the WIPO Copyright Treaty September 25, 2018
(WCT) deals with the protection of works and the
rights of their authors in the digital environment.

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WIPO and India


List of WIPO treaties acceded or ratified by India are:

Year Treaty Acceded/Ratified


1975 WIPO Convention Acceded: January 31, 1975

1975 Phonograms Convention Ratified: November 1, 1974

1983 Nairobi Treaty Ratified: September 19, 1983

1998 Paris Convention Acceded: September 7, 1998

1928 Berne Convention Ratified: October 7, 1974


1998 Patent Cooperation Treaty Acceded: September 7, 1998
2014 Marrakesh Treaty Ratified: June 24, 2014

2019 Nice Agreement Acceded: June 7, 2019

2019 Locarno Agreement Acceded: June 7, 2019


2019 Vienna Agreement Acceded: June 7, 2019

WIPO Publications
The WIPO publications collection includes a variety of knowledge products, including general
guides, introductory overviews, and practical manuals, as well as yearly reports, economic
research, and statistical analysis.
• The WIPO published the World Intellectual Property Report 2022. The research explores
the ways in which particular factors have influenced innovation and creation in recent
times. India is currently rated 43rd out of 55 nations according to the International
Intellectual Property Index, where the country's overall score improved from 38.4% to
38.6%.
• By WIPO and with Cornell University and INSEAD, the Global Innovation Index is also
published. The Global Innovation Index (GII) 2021 ranks India 46th.

India’s initiatives for IPR Protection


Some of the major initiatives taken by India for IPR protection are listed below.
• Establishment of a Center of Excellence for National Intellectual Property Rights:
MeitY has launched a number of efforts over the years to safeguard the intellectual property
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coming from our nation because it understands how important it is to establish a framework
that is favourable for IPR protection.
• Supporting MeitY Societies and Grantee Institutions with IP Facilitation: To realise
the Ministry's vision of establishing a cutting-edge R&D paradigm in the nation, the
Innovation and IPR Division has been assisting MeitY Societies and Grantee Institutions
with IPR filings, including patents, copyrights, designs, and trademarks.
• Financial Support for International Patent Filing for Startups and SMEs: Utilizing IP
is essential for improving innovation, competitiveness, and economic growth in India.
• Patent Analysis and Management System (PAMS): With the expansion of the IT
industry and other technical industries, it is urgently necessary to preserve the intellectual
property (IP) produced in India.
• Creation of IPR Awareness through Digital Media: The laws governing copyright in
India are the Copyrights Act and the Information Technology Act, 2000 (for copyright in
electronics and digital fields).
• Geographical Indications: The Geographical Indications of Goods Act, 1999, which the
DIPP administers, Ministry of Commerce and Industry, governs GIs.

Conclusion
World Intellectual Property Organisation is significant for India from many perspectives such as
economic, political, social and cultural also. Geographical Indication is an important aspect of this and
Indians have contributed to it as well. Every state of India has a unique talent that leads to economic and
political growth. Therefore, contributing significantly to WIPO is the need of the hour.

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