ASSOCIATION OF

SOUTHEAST ASIAN
NATIONS (ASEAN)

INTELLECTUAL PROPERTY

Public International Law

Juris Doctor 2
 ASSOCIATION OF SOUTHEAST ASIAN NATION

DESCRIPTION

• Established in 1967, the Association of Southeast Asian Nation or ASEAN is a regional

organization currently composed of 10 Member States.
• They signed the ASEAN declaration (also known as the BANGKOK DECLARATION). They
work together for peace in Southeast Asia.
• In 2008, ASEAN made official rules called the ASEAN Charter.
• It helped organize how ASEAN works and made sure everyone follows the same rules.

CHAPTER I (PURPOSE AND PRINCIPLES)

The purpose of ASEAN ranges from being a platform upon which

ARTICLE 1 member states can discuss and negotiate trade agreements, to being
PURPOSE an organization that seeks to promote and maintain peace and
stability. The purposes of ASEAN include:

• Promotion of Peace and Stability

• Regional Economic Integration
• Social and Cultural Cooperation
• Political and Security Cooperation
• Enhancement of Regional Resilience.
• Promotion of Regional Identity and Unity

ASEAN operates based on several key principles that guide its

activities and interactions among member states.
ARTICLE 2
PRINCIPLES The Principles of the ASEAN include:

• Mutual Respect for the Independence, Sovereignty,

Equality, Territorial Integrity, and National Identity of All
Member States
• Non-Interference in the Internal Affairs of Member States
• Adherence to the Rule of Law and Good Governance
• Peaceful Settlement of Disputes
• Renunciation of the Threat or Use of Force
• Effective Cooperation
• Solidarity and Cooperation

CHAPTER II
LEGAL PERSONALITY
The ASEAN Charter, adopted in 2008, grants ASEAN its own legal
personality as an inter-governmental organization, distinguishing it
ARTICLE 3
as a legal entity separate from its member states.
LEGAL PERSONALITY
This legal personality allows ASEAN to enter into agreements,
contracts, and treaties, as well as to take legal action and be subject
to legal proceedings.
 CHAPTER III
MEMBERSHIP

ARTICLE 4
ASEAN started in 1967 with five countries:
MEMBERSHIP
1. Indonesia
2. Malaysia
3. Philippines
4. Singapore
5. Thailand
Over the years, these countries joined:
1. Brunei (1984)
2. Vietnam (1995)
3. Laos (1997)
4. Myanmar (1997)
5. Cambodia (1999).

ARTICLE 5 A Member States are co-equal in its rights and obligations. They are
required to take all necessary measures to effectively implement the
RIGHTS AND charter, which includes the enactment of appropriate domestic
OBLIGATIONS legislation.

Applicant State will only be admitted to the ASEAN if:

ARTICLE 6
• Located within the recognized geographical region of
ADMISSION OF NEW Southeast Asia;
MEMBERS • Recognized by all ASEAN member States;
• It signs an Instrument of Accession to the ASEAN Charter

CHAPTER IV
ORGANS

ARTICLE 7 The ASEAN Summit is composed of the Heads of State or

ASEAN SUMMIT Government of the Member States.

It is the highest organ of the ASEAN, with the following primary

function:

• In charge of making policies and decisions in attaining the

objectives of ASEAN;
• Authorize the establishment and dissolution of Sectoral
Ministerial Bodies and other ASEAN institutions;
• Appoints the Secretary General of the ASEAN.

ASEAN conduct meetings thru:

a. Regular Meeting - held twice annually, and be hosted by the

member state holding the ASEAN Chairmanship.
 b. Special Meeting - convened, whenever necessary, as special
or ad hoc meetings to be chaired by the Member State holding the
ASEAN Chairmanship, at venues to be agreed upon by ASEAN
Member States.

ARTICLE 8 The ASEAN Coordinating Council composed of the ASEAN Foreign

Ministers, with the following tasked:
ASEAN COORDINATING
COUNCIL • Preparing the meetings of the ASEAN Summit;
• Coordinating with the ASEAN Community Councils on policy
matters;
• Approving the appointment and termination of the deputy
secretaries of the Secretary-General.

ARTICLE 9 Composed of the ASEAN Political-Security Community Council,

ASEAN Economic Community Council, and ASEAN Socio-Cultural
ASEAN COMMUNITY Community Council.
COUNCILS
ASEAN Community Council shall:

(a) ensure the implementation of the relevant decisions of the

ASEAN Summit;

(b) coordinate the work of the different sectors under its

purview, and on issues which cut across the other Community
Councils; and

(c) submit reports and recommendations to the ASEAN Summit

on matters under its purview.

Meetings- Each ASEAN Community Council shall meet at least twice

a year, and shall be chaired by the appropriate Minister from the
Member State holding the ASEAN Chairmanship.

ARTICLE 10 ASEAN Sectoral Ministerial Bodies shall:

ASEAN SECTORAL (a) function in accordance with their respective established

MINISTERIAL BODIES mandates;
(b) implement the agreements and decisions of the ASEAN
Summit under their respective purview;
(c) strengthen cooperation in their respective fields in support
of ASEAN integration and community building;
(d) submit reports and recommendations to their respective
Community Councils. However, these reports are not
submitted directly to the ASEAN Summit but rather to the
relevant ASEAN Community Council.
 ARTICLE 11 The ASEAN Secretariat comprised of the Secretary General and his
staff, and holds a non-renewable five-year term.
ASEAN SECRETARIAT
The Secretary-General and the staff are expected to:

(a) uphold the highest standards of integrity, efficiency, and

competence in the performance of their duties;
(b) not seek or receive instructions from any government or
external party outside of ASEAN; and
(c) refrain from any action which might reflect on their position
as ASEAN Secretariat officials responsible only to ASEAN.

ARTICLE 12 Each ASEAN Member State shall appoint a Permanent

Representative to ASEAN with the rank of Ambassador based in
COMMITTEE OF Jakarta.
PERMANENT
REPRESENTATIVES TO The Committee main task is:
ASEAN
(a) support the work of the ASEAN Community Councils and ASEAN
Sectoral Ministerial Bodies;
(b) coordinate with ASEAN National Secretariats and other ASEAN
Sectoral Ministerial Bodies;
(c) facilitate ASEAN cooperation with external partners;

ASEAN National Secretariat shall:

ARTICLE 13
(a) serve as the national focal point;
(b) be the repository of information on all ASEAN matters at the
ASEAN NATIONAL national level; and
SECRETARIATS (c) promote ASEAN identity and awareness.

This organ was formed with the primary purpose of promoting and
ARTICLE 14 protecting human rights around the region and among member
States.
ASEAN HUMAN
RIGHTS BODY

The ASEAN Foundation is established to support the Secretary

ARTICLE 15 General and collaborate with the relevant ASEAN bodies to support
ASEAN community building.
ASEAN FOUNDATION
The ASEAN Foundation is directly accountable to the Secretary-
General.

OTHER SPECIALIZED Other Specialized organs:

ORGANS
1. ASEAN Commission on the Promotion and Protection of the
Rights of Women and Children. (ACWC)
2. ASEAN Committee on the Implementation of the ASEAN
Declaration on the Protection and Promotion of the Rights of
Migrant Workers. (ACMW)
 ARTICLE 20 Decision Making – shall be based on CONSULTATION and
CONCENSUS to and of all State members. Any dissent made by all
CONSENT BASED or any member State shall bar a collective ASEAN decision from
APPROACH being taken.

ARTICLE 39 ASEAN Day – shall be observed every 8th of AUGUST.

ASEAN DAY

Amendments to the Charter may be proposed by any member

state.
ARTICLE 48 PROCEDURE

AMENDMENTS TO THE The proposed amendment shall:

CHARTER
1. Be submitted first at the first level of the ASEAN Coordinating
Council.
- If CONSENSUS is obtained;
2. Be elevated to the ASEAN Summit.
- If APPROVED;
3. Undergo RATIFICATION by ALL member States.
4. Be in force on the 13TH Day following the deposit of the last
instrument of ratification to the Secretary-General.

REVIEW OF THE General Rule: The Charter may only be reviewed after 5 years after
CHARTER its entry into force.

Exception: unless otherwise determined by the ASEAN Summit.

DISPUTE SETTLEMENT ASEAN State members are free to avail of the following means of
dispute settlement as provided for by the Charter itself:

1. Peaceful Settlement of Disputes

a. 1971 Declaration on the Zone of Peace, Freedom, and

Neutrality.
- Earliest known dispute settlement mechanism.

b. 1976 Declaration of ASEAN Concord.

- All member States has the obligation to rely exclusively on

peaceful way/processes in settling intra-regional disputes.

2. Dispute Settlement Mechanism

The ASEAN Charter shall serve as an over-arching framework with

regard to settlement of disputes.
Prior to the ASEAN Charter being a basis in settling disputes the
following Dispute Settlement Mechanism already exist:

a. 1976 Treaty of Amity and Cooperation in Southeast Asia

(TAC)
- The TAC provides that peaceful settlement of disputes,
commits members to refrain from the threat or use of force.
- The TAC will only apply if parties to the dispute agreed to
apply it.
- The TAC is NOT MANDATORY.
- currently, the TAC has already allowed NON-ASEAN
SIGNATORIES.

b. 2004 Protocol for Enhanced Dispute Settlement

Mechanism.

i. History:

1987 Agreement for the promotion and Protection of

Investments;

Disputes arising from interpretation and application of the

ASEAN economic agreements?

1ST. Amicable Settlement - not possible?

2ND. Submitted for Resolution – ASEAN Economic Ministers.

Note: Later on, this 1987 Agreement for the promotion and
Protection of Investments was superseded by the 1996
Protocol on Dispute Settlement Mechanism, and thereafter,
by the 2004 Protocol for Enhanced Dispute Settlement
Mechanism (EDSM).

ii. Applicability:
Any dispute already arisen before the EDSM’s entry into force,
said dispute will be governed by the 1996 Protocol on Dispute
Settlement Mechanism.

iii. Mandatory:
The EDSM contains MANDATORY dispute settlement processes.
Like: Establishment of panels in Article 5. (A state can, own its
own, request the creation of a panel); Appellate Review in
Article 12; and Article 18 (disposal of settled disputes within
445 days).

iv. Enforcement:

Under Articles 14 and 15 of the EDSM. Once findings become

final, the erring State can be required to take measures to bring
itself into conformity with the ASEAN economic agreement
involved.
 Under Article 16 the EDSM. Once there is non-conformity, it
provides for the measures that the complainant State can
engage in until the erring State complies.

3. Territorial Disputes

- Territorial Disputes are addressed by the ASEAN through ASEAN

Declarations.
- These Declarations emphasizes the peaceful settlement of
disputes and the exercise of restraint.

4. Other Dispute Settlement Mechanism

Various Treaties, specifically those ECONOMIC in nature (e.g. free

trade agreements), often contain their own mechanism as to
settle disputes arising from the rights and obligations found in
such treaties or instruments.

5. ASEAN Charter provisions. (Chapter VIII, ASEAN Charter)

- This Chapter tackles the settlement of disputes. Unlike other

Dispute Settlement Mechanism, ASEAN Charter does not have
mandatory dispute settlement processes and it does not have
maximum time period within which a dispute must be settled
as in the case of the EDSM. Furthermore, it lacks an effective
enforcement mechanism.

ASEAN RULES OF ORIGIN

- ASEAN Free Trade Agreement (AFTA) - signed January 28, 1992
Background (Philippines is a signatory)

- Purpose: to foster trade and economic growth w/in ASEAN

through preferential trading arrangements.
CEPT – Common - created by AFTA.
Effective Preferential - agreed effective and preferential rate applied to goods originating
Tariff from ASEAN member states identified for inclusion in CEPT scheme.
ATIGA – ASEAN Trade in - created to pursue a more integrated and holistic approach towards
Goods Agreement achieving a single market.
- integrated key aspects of the AFTA and CEPT-AFTA-ROO (Common
Effective Preferential Tariff Scheme for the ASEAN Free Trade Area)
RULES Rules of origin based on ATIGA
a. Art. 26 of ATIGA – goods originating from ASEAN are :
1. Goods wholly obtained or produced in the exporting member
state [Art. 26 (a)]
2. Goods not wholly obtained or produced in the
exporting member state but are nevertheless eligible to be
considered from the ASEAN [Art. 26 (b)]
b. Art. 27 of ATIGA – goods under Art. 26 (a) are listed which
includes:
1. plants and plant products grown, harvested, or picked in
the exporting member State
 2. products of sea-fishing taken by vessels registered with a
member State and entitled to fly its flag
3. goods obtained or produced in a member State from any
product referred to in Art. 27
c. Art. 28 par. 1(a) of the ATIGA : goods not wholly obtained or
produced from a member state are nevertheless deemed to be
originating from a member state where work or processing of the
goods has taken place if:

i. goods have a regional value content (RVC) not less than 40% as
calculated using the formula in Art. 29 of the ATIGA or
ii. all non-originating materials used in the production of the
goods have undergone change in tariff classification (CTC) at the
4 digit level of the harmonized system (HS).

d. Selection of Method
NOTE: it is upon the exporter to decide which computation
or method of determining the origin of goods he will use if
multiple options/computations are available to him

However, the following restrictions have been expressly provided:

i. Goods specifically listed in Annex 3 of the ATIGA shall

qualify as originating goods if they satisfy the product
specific rules specified in Annex 3.
ii. If a specific rule requires a particular RVC, only the
RVC computation under Art. 29 of the ATIGA should
be used.
iii. If product specific rules require materials used to
have undergone CTC or a specific manufacturing or
processing operation, such rules will only apply to
non-originating materials.
iv. All goods covered by Attachment A or B of the
Ministerial Declaration on Trade in Information
Technology Products as set out in Annex 4 will be
deemed to be originating in a member State if it is
assembled form materials covered under the same
Annex.

e. Calculating RVC
Generally, the calculation of RVC is found in Art. 29 of the ATIGA.
Art. 29 par. 3 of the ATIGA provides that each member State
shall select only one method of calculating RVC which cannot
be changed for at least 6 months from notification of such
desire to change computation to the AFTA Council.

f. Determination of Values
- the value of goods is determined in accordance with Art. 57 of
the ATIGA which provides that for purposes of determining the
customs value of goods traded between and among the
member States, Part I of the WTO Agreement on Customs
Valuation shall apply mutatis mutandis.
 g. Accumulation -goods originating from a member State are used
Article 30 of ATIGA by another member as materials for finished good eligible for
preferential tariff treatment

h. Transport - operations such as preservation for transport or

Article 31 of ATIGA storage, facilitation of shipment or transport, and packaging or
presenting of goods are minimal operations (not be considered
when determining origin of good).

NOTE: GOODS SUBJECTED ONLY TO MINIMAL OPERATIONS

CONTINUE TO CARRY STATUS AND ORIGIN THEY WHEN EXPORTED.

EXCEPTIONS: Less 40% RVC Material- finished product shall be

computed in direct proportion to actual domestic content PROVIDED
such equl to or more than 20%.

i. Consignation - goods satisfying the requirements of ATIGA that

Article 32 of ATIGA consigned directly between territories of member states are entitled
to preferential tariff treatment.

NOTE: ARTICLE 32 CONTAINS LIST OF SITUATIONS WHERE DIRECT

CONSIGNMENT IS DEEMED TO EXIST. THIS CAN BE SUMMARIZED AS
SITUATIONS WHERE GOODS DO NOT ENTER TERRITORY OF NON-
MEMBER STATE.

j. Packaging - if good is subject to RVC based rules of origin

Article 34 of ATIGA computation - the value of the packaging and packing material are
considered when assessing the origin of the good if materials are
deemed as forming a whole with the good.

NOTE: IF THEY ARE NOT CONSIDERED FORMING WHOLE, THEY

SHOULD NOT BE CONSIDERED WHEN ASSESSING THE ORIGIN OF THE
GOOD. (The containers and packing materials exclusively used for
transport are not taken into consideration when assessing the origin)

Article 35 of ATIGA k. Accessories- if good is subject to the requirements of CTC or

specific manufacturing or processing - spare parts, tools, and
instructional or informational materials with the goods should not
be taken in consideration when assessing the origin of the good
PROVIDED that items are not invoiced separately from the good and
items which deemed customary.

NOTE: INSTEAD OF CTC OR SPECIFIC MANUFACTURING OR

PROCESSING OPERATIONS, GOODS ARE SUBJECT TO RVC BASED
RULES OF ORIGIN. (items should be taken into account as the value
of the originating or non-originating materials in calculating the RVC
of the good).

Article 36 of ATIGA l. Not Included- These are items which may be ignored when
determining the origin of a good. It includes fuel and energy, safety
equipment and supplies and catalysts and solvents
Article 37 of ATIGA m. Identical Good- Identical and interchangeable materials are this
of the same kind and commercial quality, possessing the same
technical and physical characteristics, and which after being
incorporated into the finished product cannot be distinguished from
one another for origin purposes.

Under Article 37, in order to determine their origin, either physical

segregation of each of the materials, or applicable generally
accepted accounting principles will be used. Either way, once a
decision has been taken on the inventory management method, it
shall be used throughout the fiscal year.

Article 38 of ATIGA n. Certification- a claim that a good shall be accepted as eligible for
preferential tariff treatment shall be supported by a Certificate of
Origin as set out in Annex 7 of the ATIGA, in accordance with the
Operational Certificate Procedures found in Annex 8 of the ATIGA.

m. Criticisms. Critics of the ASEAN have often claimed that the

ASEAN is inefficient and is ineffective in enforcing its purpose and
principles upon different member States. This inefficiency is directly
linked to the principle of non-intervention, and the fact the decision-
making process in the ASEAN requires a consensus, making it a slow
and heavily politicized affair.

Furthermore, although the charter itself makes reference to a

dispute settlement mechanism, the consequence of non-conformity
or violation by a member State of its obligations under the Charter
will ultimately still be an issue that need to be unanimously voted
upon by the ASEAN Summit, of which the erring member State is
voting member of.
 INTELLECTUAL PROPERTY
Intellectual Property

Refers to creations of the mind, such as inventions; literary and artistic works; designs; and
symbols, names, and images used in commerce. (According to WIPO)

Intellectual Property Rights (IPRs)

These are the rights given to persons over the creations of their minds. They usually give the
creator an exclusive right over the use of his/her creation for a certain period of time. (WTO)

A. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)

PURPOSE: TRIPs was enacted in order to reduce distortions and impediments to trade such as
counterfeit goods.

The Agreement consists of seven parts:

I. General provisions and basic principles (such as national treatment and Most-
Favored-Nation Treatment (MFN), and exhaustion of IPRs);
II. Substantive standards of intellectual property protection;
III. Enforcement;
IV. Procedures for the acquisition and maintenance of IPRs;
V. Dispute prevention and settlement;
VI. Transitional arrangements; and,
VII. Institutional arrangements

NOTE: Article 2 of TRIPs provides that TRIPS itself does not supersede the obligations
members may have under the Paris, Berne, and Rome Convention, as well as the Treaty
on Intellectual Property in Respect of Integrated Circuits.

NOTE: TRIPs have both the Most-Favored-Nation Treatment (MFN) and (NT) clauses.

Nation Treatment (Article 3 of TRIPs)

1. Each Member shall accord to the nationals of other Members treatment no less favorable
than that it accords to its own nationals with regard to the protection of intellectual
property, subject to the exceptions already provided in, respectively, the Paris Convention
(1967), the Berne Convention (1971), the Rome Convention or the Treaty on Intellectual
Property in Respect of Integrated Circuits. In respect of performers, producers of
phonograms and broadcasting organizations, this obligation only applies in respect of the
rights provided under this Agreement Any Member availing itself of the possibilities
provided in Article 6 of the Berne Convention (1971) or paragraph 1(b) of Article 16 of the
Rome Convention shall make a notification as foreseen in those provisions to the Council
for TRIPS.

2. Members may avail themselves of the exceptions permitted under paragraph 1 in relation
to judicial and administrative procedures, including the designation of an address for
service or the appointment of an agent within the jurisdiction of a Member, only where
 such exceptions are necessary to secure compliance with laws and regulations which are
not inconsistent with the provisions of this Agreement and where such practices are not
applied in a manner which would constitute a disguised restriction on trade.

Most-Favored-Nation Treatment (Article 3 of TRIPs)

Regarding the protection of intellectual property, any advantage, favor, privilege, or immunity
granted by a Member to the nationals of any other country shall be accorded immediately and
unconditionally to the nationals of all other Members. Exempted from this obligation are any
advantage, favor, privilege or immunity accorded by a member:

(a) deriving from international agreements on judicial assistance or law enforcement of a

general nature and not particularly confined to the protection of intellectual property;

(b) granted in accordance with the provisions of the Berne Convention (1971) or the Rome
Convention authorizing that the treatment accorded be a function not of national
treatment but of the treatment accorded in another country;

(c) in respect of the rights of performers, producers of phonograms and broadcasting

organizations not provided under this Agreement;

(d) deriving from international agreements related to the protection of intellectual property
which entered into force prior to the entry into force of the WTO Agreement, provided
that such agreements are notified to the Council for TRIPS and do not constitute an
arbitrary or unjustifiable discrimination against nationals of other Members.

COVERAGE: PART II of THE TRIPs

• Section 1 covers copyright and related rights;

• Section 2 covers trademarks;
• Section 3 covers geographical indications;
• Section 4 deals with industrial designs;
• Section 5 deals with patents;
• Section 6 tackles layout designs of integrated circuits;
• Section 7 deals with undisclosed information; and,
• Section 8 contains provisions regarding control of anti-competitive practices in
contractual licensing

ENFORCEMENT: PART III OF THE TRIPs DEALS WITH ENFORCEMENT OF INTELLECTUAL PROPERTY
RIGHTS

• Section 2 Rules regarding civil and administrative procedures and remedies are provided
(includes provisions regarding evidence, injunctions, and damages);

• Section 3 deals with provisional measures;

• Section 4 deals with special requirements related to border measures such as suspension
of the release of goods by customs authorities; and,

• Section 5 refers to criminal procedures

 B. Berne Convention (The Berne Union for the Protection of Literary and
Artistic Works)

Was first accepted at Berne in 1886, was completed in Paris in 1986, and revised at Berlin in 1908
and completed again at Berne in 1914, Revised at Rome (1928), Brussels (1948), Stockholm
(1967), and Paris (1971)

COVERAGE:

1. Berne Convention only applies to literary and artistic works (Article 2 of Berne
Convention)

2. Artists and authors covered in Articles 3 & 4

ENJOYMENT OF RIGHTS:

Article 5, paragraph 2 of the Berne Convention provides that the enjoyment and exercise of
rights found in the convention shall not be subject to any formality, and such enjoyment and
exercise shall be independent of the existence of protection available in the country of origin of
the work.

COUNTRY OF ORIGIN:

Article 5, paragraph 3 of the Berne Convention provides that protection in the country of origin
is governed by domestic law. In order to ascertain what the country of origin is, the Berne
Convention provides a set of rules under Article 5, paragraph 4.

Article 5, paragraph 4 of the Berne Convention

(a) in the case of works first published in a country of the Union, that country; in the case
of works published simultaneously in several countries of the Union which grant different
terms of protection, the country whose legislation grants the shortest term of protection;

(b) in the case of works published simultaneously in a country outside the Union and in a
country of the Union, the latter country;

(c) in the case of unpublished works or of works first published in a country outside the
Union, without simultaneous publication in a country of the Union, the country of the
Union of which the author is a national, provided that:

(i) when these are cinematographic works the maker of which has his
headquarters or his habitual residence in a country of the Union, the
country of origin shall be that country, and

(ii) when these are works of architecture erected in a country of the Union or
other artistic works incorporated in a building or other structure located in
a country of the Union, the country of origin shall be that country.

TERMS OF PROTECTION: Found in Article 7 (Depending on what type of work is involved)

 EXCLUSIVE RIGHTS OF THE AUTHOR: Subject to reservations, limitations, or exceptions allowed
by the Berne Convention, the exclusive rights of the author are:

1. Right to broadcast
2. Right to communicate to the public the performance of such works
3. Right to make adaptations and arrangements of the work
4. Right to make reproductions in any manner or form
5. Right to perform in public dramatic, dramatic-musical, and musical works.
6. Right to recite literary works in public
7. Right to translate
8. Right to use the work as a basis for an audiovisual work, and the right to reproduce,
distribute, perform in public, or communicate to the public that audiovisual work.

C. Paris Convention (Paris Convention for the Protection of Industrial Property)

Was accepted at Paris in 1883, and revised in Brussels 1900, Washington 1911, The Hague 1925,
London 1934, Lisbon 1958, and Stockholm 1967, before being amended in 1979 .

COVERAGE: Applies only to industrial property as defined in Article 1 of the Paris Convention,
which includes:

• Patents
• Utility Models
• Industrial designs
• Marks
• Trade names

NOTE: Paris Convention carries both the MFN and NT Clause.

Right of Priority: (Provides for the right of priority)

Means that the party which first registers the industrial design shall have priority in the enjoyment
of rights associated with the registered industrial design.

NOTE: Right of priority can only be availed of if the part which first registers the industrial
design subsequently has the same industrial design registered in the territory of other
member States to the Paris Convention within a period of generally 12 months.

A criticism of the priority system is that the individual who registers the mark first would still
have to register it again within 12 months in other member States in order to prevent others from
unlawfully profiting from the same. As such, the protection of rights can become a costly and
laborious process.

Unfair Competition: The Paris Convention provides protection against unfair competition.

Among those practices declared by the convention as being unlawful is the creation of confusion
regarding the goods of a competitor, attributing the good to a false origin, and false allegations in
the course of trade meant to discredit an establishment.
D. Rome Convention (The Rome Convention for the Protection of Performers,
Producers of Phonograms, and Broadcasting Organizations)

The Rome Convention was signed at Rome in 1961.

COVERAGE:

It covers the rights of performers, producers of phonograms, and broadcasting organizations by

providing minimum standards by which their rights are to be protected

Among these are:

• Prevention of broadcasting and communication to the public of performances without the
performers consent
• Prevention of the reproduction of communicated performances to the public without the
broadcasting organization’s consent

E. WIPO (World Intellectual Property Organization)

Is a specialized agency of the UN. Created in 1967.

PURPOSE: To promote the protection of intellectual property.

NOTE: Based in Geneva, WIPO currently has 193 member States.

(Current Director General: Daren Tang)

Membership: To be a member

A state must first be a member of either:

• The Paris Union for the Protection of Literary and Artistic Works,
• The UN or any of its agencies
• The International Atomic Energy Agency’
• The ICJ Statute

NOTE: A State can also be invited by the WIPO General Assembly.

- Once such criteria is satisfied, the State simply needs to deposit an instrument of
ratification or accession with WIPO’s Director General.

F. Madrid System (Madrid System for the International Registration of Marks)

• Is a system for global registration of trademarks.

• Primarily governed by the Madrid Agreement concluded in 1891, and the Madrid
Agreement concluded in 1989.
• Currently has 114 members including the Philippines which became a party to the Madrid
Protocol in 2012.
• The membership covers 130 countries and represents 80% of world trade.