4.

11 ROLE OF WIPO AND WTO IN IPR ESTABLISHMENTS

4.11.1 World Intellectual Property Organization (WIPO)

The International organization for Intellectual Property, known as the World Intellectual Property
Organization, came into being in the year 1960. It is in charge of overseeing the Paris and Berne Conventions.
WIPO was founded in 1967 through the implementation of these agreements aimed at safeguarding
intellectual property.

4.11.2 World Trade Organization (WTO)

The establishment of the World Trade Organization (WTO) in 1977 has led to its evolution as a crucial
global entity for the advancement and comprehension of intellectual property rights. The succeeding
agreements to the General Agreement are Tariff and Trade. The establishment of the United Nations
Conference on Trade and Development stemmed from the apprehensions of developing nations with regards
to issues concerning multinational companies, global markets, and the significant disparities between
developed and less developed countries. In order to create a platform for developing countries to address
concerns pertaining to their economic growth, the United Nations Conference on Trade and Development
was founded in 1964. The primary objective of the organization is to assist emerging nations in maximizing
their trade and investment prospects and promoting their just involvement in the worldwide economy.
4.11.3 Activities of WIPO
The World Intellectual Property Organization (WIPO) pursues three main objectives: to provide
assistance to developing countries, to set international standards and regulations for intellectual property
protection, and to facilitate the registration of intellectual property.
All of these activities are designed to promote and strengthen respect for intellectual property around
the world, with the aim of promoting industrial and cultural development through the stimulation of creative
activities, the transfer of technology, and the promotion of the dissemination of literature and art.
1. The primary pillar of WIPO's activities is to provide training to groups and individuals, including
general or specialized courses and seminars, as well as the provision of technology and legal advice.
Additionally, WIPO is responsible for the management of Intellectual Property Offices and Copyright
Collecting Societies, as well as providing equipment.
2. The second pillar encompasses activities related to the establishment of international regulations and
standards for the safeguarding and management of intellectual property, such as reviewing existing treaties
or creating new ones; simplifying procedures for granting intellectual property rights at national, regional,
or international levels; effectively enforcing and protecting such rights; effectively managing collections of
documents used for the search and reference of intellectual property, and developing methods to facilitate
the access of the information contained therein; maintaining and updating international classification
systems; compiling statistics; and collecting laws on Intellectual Property and Copyright Law
Administration. WIPO also promotes the acceptance or wider acceptance of treaties by countries.
3. The registration activities of the World Intellectual Property Organization (WIPO) are the third pillar
and provide direct services to applicants or owners of intellectual property. These activities involve the
receipt and processing of international requests for the preservation of inventions, the registration of marks
or the deposit of industrial designs, and other related activities. These activities are typically funded by fees
paid by applicants, which make up approximately 85% of WIPO's annual total revenue. The remainder of
the budget is mainly funded by contributions from Member States under various treaties managed by WIPO,
as well as revenue from the sale of publications.
4.11.4 Strategic Goals of WIPO

The revision and extension of the strategic objectives of the World Intellectual Property Organization
(WIPO) is an integral part of the strategic restructuring process within the organization. These new objectives
will enable the organization to more effectively implement its mandate in the face of the rapidly changing
external landscape and the urgent intellectual property issues of the twenty-first century.

In the revised program and budget for 2008/09, nine strategic objectives were adopted by the Member
States. They are:

1. Efforts are being made to create a fair and equitable global standard for intellectual property
regulations.

2. Offering exceptional worldwide IP services at the highest standard.

3. Encouraging the utilization of intellectual property as a means of fostering development and

progress.

4. The organization and advancement of worldwide intellectual property infrastructure.

5. A worldwide resource center providing data and insight on intellectual property.

6. Collaborating with other nations to uphold the value of intellectual property.

7. Focusing on intellectual property in relation to wide-ranging policy concerns on a global

scale.

8. An interactive communication system that enables WIPO, its Member States, and all interested
parties to effectively communicate with each other is necessary.

9. The proficient frameworks for administrative and financial assistance that facilitate the
smooth operation of WIPO's initiatives.

Purpose of WIPO

WIPO's primary objective is to foster global collaboration amongst nations in order to safeguard and
uphold intellectual property while promoting its importance; collaborate with additional global entities as
needed; to guarantee effective collaboration between WIPO-managed treaties' intellectual property
organizations; create your intellectual property in a way that reflects the economic and social environment
in which it exists; create stronger connections amongst a country's economic goals, development agendas,
available resources and its intellectual property systems. In regards to the treaties and organizations of the
World Intellectual Property Organization (WIPO), the foundational document known as the Constitution
was signed in Stockholm in 1967.

4.11.5 Treaties of WIPO

WIPO oversees/administers a variety of treaties, which can be categorized into three different groups.
The initial category comprises treaties that establish global safeguards, indicating that they are agreements
at the international level that serve as the basis for legal protection among nations. This group comprises of
four contracts related to intellectual property. The agreements in question include the Paris Convention
aimed at safeguarding intellectual property, the Madrid Agreement targeting deceiving indications of origin
on products, the Lisbon Agreement focused on protecting designations of origin and their worldwide
registration, and the Nairobi Treaty which aims to safeguard the Olympic emblem.

This category includes two agreements related to copyright and related rights: the Berne Convention
safeguarding literary and artistic creations, and the Rome Convention, which protects performers,
phonogram producers, and broadcasting organizations.

The next set of agreements pertains to enhancing the safeguard of nations across borders. This group
comprises seven agreements relating to intellectual property. This group comprises of two agreements that
fall under the category of related rights.

The treaties known as the Geneva and Brussels Conventions aim to safeguard phonogram producers
from unlawful duplication of their work, as well as ensure appropriate distribution of programs emanating
from satellite transmissions. The third cluster encompasses agreements that establish a scheme for
categorization and measures for enhancing and renewing it. These four agreements pertain to intellectual
property rights and are part of this category. The Strasbourg Convention, the Nice Convention, and the
Vienna Agreement are all international agreements that deal with classification of patents, trademarks, and
iconographic elements of trademarks respectively.

The Locarno Agreement is a treaty that establishes a worldwide system for categorizing industrial
designs and models. The continuous intergovernmental collaborations and negotiations facilitated by
specialized secretariats are imperative for the amendment of current treaties and the establishment of fresh
treaties. WIPO offers a structure and assistance for this undertaking. Recent endeavors that fall into this
category are the Madrid Protocol, which became effective on December 1, 1995, and the Trademark Law
Treaty, which was put into effect on August 1, 1996. Under WIPO's auspices, there are a minimum of four
preliminary agreements. There are several draft agreements in the field of intellectual property, including
the Draft Patent Law Treaty, the Draft Protocol to the Berne Convention, the Draft Related Rights Treaty,
and the Draft Treaty designated to resolve disputes between states. The WIPO is a globally focused entity
committed to fostering originality and invention. They strive to safeguard the privileges of those who
produce their own intellectual property, thus guaranteeing proper acknowledgment and recompense for
inventors and writers who show exceptional aptitude.
 WIPO offers an avenue for its 123 Member States to collaborate on defining and aligning regulations
and protocols pertaining to safeguarding intellectual property rights. Although many developed countries
have antiquated systems for safeguarding trademarks, patents, copyrights, and designs, developing nations
are actively establishing administrative and legal structures to ensure such protection. Through various forms
of training, such as legal and technical assistance, treaty negotiation, and enforcing intellectual property
rights, WIPO supports Member States in creating and implementing these new systems. WIPO offers a
platform for Member States to create and unify policies and procedures aimed at safeguarding the rights of
intellectual property. WIPO offers global registration systems for patents, industrial designs, trademarks,
and appellations of origin. These systems make it much easier to apply for intellectual property protection
across several countries at the same time.

An individual need not submit unique national applications in various languages for each nation where
protection is pursued; rather, they can submit a solitary application in a single language for a singular fee.
WIPO's system for protection of industrial property rights encompasses four distinct mechanisms tailored to
address specific requirements. Various systems are available for submitting patent applications across
multiple countries, such as the PCT. Similarly, the international registration of industrial designs can be done
through The Hague system, while the Lisbon system is used for design registration. The Madrid System
facilitates the worldwide registration of appellations of origin, trademarks, and service marks. Before filing
a patent application or registering a trademark or design domestically or internationally, it is important to
ascertain if the invention is original or already possessed or staked claim by someone else. In order to
accomplish this, one must sift through a vast quantity of data. With these four WIPO agreements, he/she has
established a classification mechanism that categorizes information related to industrial property into a
structured and searchable format. The Strasbourg Convention pertains to the classification of international
patents. The International Classification of Goods and Services for Trademark Registration Convention is
admirable. The Locarno Convention is aimed at creating an international system for categorizing industrial
designs. The Vienna Agreement sets up a worldwide classification system for the visual components of
trademarks.

The WIPO Arbitration and Mediation Center offers solutions for settling global conflicts related to
intellectual property among individuals or organizations. These actions could involve conflicts over
agreements (such as licenses for patents or software, coexistence of trademarks, and R&D partnerships) and
conflicts outside the contracts (such as violating patent rights). WIPO is currently devising a strategic plan
for the next five years. The ongoing quinquennial strategy spans from 2017 until 2021. The WIPO establishes
objectives for the next five years, outlines plans for achieving them, and looks ahead to potential expansion.

Strategic goal number 1 is to leverage IP assets to support research and development (R&D) in the areas
of neglected tropical diseases (NTDs), malaria and tuberculosis (TB) through collaboration. Implementing
activities for the same objective include the establishment and maintenance of the Special Program for
research and training in tropical diseases and others. New collaborations that address the priority needs and
provide assistance and support are a key component of the implementing activities. This will also require an
expansion of company providers that can provide assets and support for WIPO operations. Milestones to be
achieved are (i) Establishing at least 8 new collaborations per year and (ii) Preparing Comprehensive IP
Management Strategies for 2 or 3 Partnerships per year

Strategic goal number 2 is to speed up the development of high-potential compounds or lead. Implementing
activities for this will include assisting collaborators in obtaining grant funding for donor agencies. Projects
with high-potential compound or lead move quickly to later phases of evaluation and receive top priority.
Milestones to be achieved are to connect 2-3 partnerships or collaborations annually to relevant funding.

Strategic goal number 3 is to strengthen Global Capacity for IP Management and Biomedical R&D.
Implementing activities for this include Capacity Building for Member Organizations, Research Fellowships
at Top Research Centers. Milestone to be achieved is to connect 2 to 4 Training Sabbaticals per year.

Strategic goal number 4 is to communicate the positive impact of IP on innovation in NTD, Malaria and
TB. Implementing activities for this include (i) Increasing awareness of the importance of IP for research
and development in NTD, malaria and TB and (ii) This is the technology driven goal to fight the problems
at stake. Milestones include (i) Providing a comprehensive web page with all the resources available to
facilitate the development of partnerships and updated annually based on user feedback; (ii) Publishing at
least 4 articles in journals & magazines and (iii) Making at least 6 presentations in subject matter meetings.