SALIENT FEATURES OF THE WORLD INTELLECTUAL PROPERTY ORGANISATIONS

September 11, 2023by Primelegal Team0

 

ABSTRACT

The World Intellectual Property Organisation was initially formed on the notion of ensuring administrative cooperation among the intellectual property Unions set up by the treaties that WIPO administers. WIPO was formed on July 14, 1967, and has its main office in Geneva, Switzerland. The history of WIPO, how it came to be what it is today, its missions, roles, and objectives, as well as how it works to advance intellectual property rights globally, will all be covered in this article. It is one of the United Nations’ 15 specialized agencies. WIPO was established in 1967 in accordance with the Convention Establishing the World Intellectual Property Organisation. Through collaboration with national governments and international organizations, WIPO promotes and protects intellectual property (IP) around the world. On April 26, 1970, when the convention went into effect, it started operating. Singaporean Daren Tang, a former director of the Intellectual Property Office of Singapore, was appointed director general on October 1 of this year.

INTRODUCTION-

 The World Intellectual Property Organisation has 193 members. However, when it joined the United Nations in 1974, the goal was changed to one of public interest or humanitarianism. The main agreement that establishes WIPO’s relationship to the UN states in Article 1 once more that WIPO’s mission is “to promote creative intellectual activity and to facilitate the transfer of technology related to industrial property to developing countries in order to accelerate economic, social, and cultural development.According to the Programme and Budget of WIPO for the year 2020-2021, the expected income for the biennium will be over 880 million Swiss francs and the expected expenditure is 768 million Swiss francs. WIPO is a unique organisation among the UN organisations in that its activities are largely self-funded. Nearly 95% of the anticipated income, according to WIPO, will come from the fees the organisation will charge for its services.

HISTORY

The Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works, respectively, were the founding documents of the World Intellectual Property Organisation (WIPO). An “International Bureau” was to be established under both Conventions. The two bureaus were combined in 1893, and thanks to the WIPO Convention, the World Intellectual Property Organisation took their place in 1970.

Paris 1883 – Paris Convention for the Protection of Industrial Property

One of the earliest treaties governing intellectual property was the Paris Convention for the Protection of Industrial Property, which was adopted in 1883. For the purpose of protecting industrial property, it created a Union. Additionally, it covers a broad range of industrial property rights, including “repression of unfair competition” and patents, trademarks, utility models, industrial designs, trade names, service marks, and geographical indications. The first international agreement to safeguard the creations of other nations’ artists was the Paris Convention.

Berne 1886 – Berne Convention for the Protection of Literary and Artistic Works

The Berne Convention, which deals with copyright, the protection of works as well as the rights of authors and rights holders, was adopted in 1886. It gives artists, such as writers, poets, painters, and musicians, ways to manage the conditions of use as well as how and by whom their works are used. Additionally, it contains clauses on minimal safeguards and unique clauses for developing nations.The three main tenets of the Convention are that works created in one of the Contracting States must receive the same level of protection in all other Contracting States (the “national treatment” principle), that protection is automatic and no formal procedure is necessary, and that protection provided by the Convention is distinct from protection provided by the country of origin of the work (the “independence” of protection principle).

1891 – Madrid Agreement Concerning the International Registration of Marks

The first “special arrangements for the protection of industrial property” were established in 1891 by nine of the 14 parties to the Paris Convention for the Protection of Industrial Property. It established the Madrid System, the main global system for facilitating the registration of trademarks in numerous jurisdictions worldwide, along with the Protocol Relating to the Madrid Agreement (1989).

The French abbreviation BIRPI was more commonly used to refer to The United International Bureaux for the Protection of Intellectual Property, 1893. This Swiss-based organisation served as WIPO’s forerunner.

FUNCTIONS

  1. Assisting in the development of campaigns to strengthen IP protection globally and to harmonize national legislation in this area,
  2. signing international agreements on the protection of intellectual property,
  3. Utilising the managerial responsibilities of the Paris and Berne Unions,
  4. providing technical and legal assistance in the area of IP, gathering and disseminating data, conducting studies and publishing the results, ensuring the performance of services facilitating international IP protection, and taking any other appropriate measures

The most significant task performed by WIPO is the administration of multilateral international conventions, which involves depositing treaties, state instruments of conflict settlement, ensuring treaties review, etc.

 

Since 1998, the WIPO Worldwide Academy has been training professionals in the field of intellectual property protection. This academy offers a distance learning facility where you can learn using the internet. The WIPO Arbitration and Mediation Centre was established in 1994 and aids in resolving disputes.

Strategic Goals of WIPO

WIPO operates under a five-year planned format; the current plan, which is in effect, runs from 2017 to 2021. WIPO creates 5-year strategic goals, Implementing Activities, and Milestones, and plans their growth in accordance with those.

WIPO’s Strategic Goals and Programs are aligned with the priorities set in the 2030 Agenda. Since 2018, the WIPO Program and Budget establishes a link between the Organization’s Strategic Goals and the SDGs. Under each of the concerned Strategic Goals, a wide range of programs and activities involving all the Organization’s Departments, contribute to the SDGs. The total number of Programs linked to the SDGs amount to twenty out of a total of thirty-one Programs. WIPO’s development cooperation, technical assistance and capacity building activities are strategically placed to deliver support to its Member States as they integrate the SDGs in their national development plans[1]

GOAL -1 Utilising IP assets to foster collaboration and advance research and development (R&D) for malaria, TB, and neglected tropical diseases (NTDs) . The Special Programme for Research and Training in Tropical Diseases, among other things, must be established and maintained as part of the implementation activities for the same objective. A key component of the implementation activities is the creation of new partnerships that can address urgent needs and offer help and support. This will also call for an increase in the number of business providers that can provide resources and assistance for WIPO operations.

 

GOAL -2

is to quicken the development of promising substances or leads. Assisting collaborators in securing funding from donor organisations is one of the implementation activities for this, which will hasten the process. The projects with the greatest potential for the compound or lead will be given the highest priority and will advance quickly to later stages of evaluation. By doing this, we hope to connect two to three partnerships or collaborations per year with appropriate funding.

GOAL -3  To increase the world’s ability to manage IP and conduct biomedical research. The activities of implementation include helping member organisations build their capacity and offering them research fellowships at prestigious research institutions to do the same. Two to four training sabbaticals per year are a key milestone for achieving this objective.

GOAL -4

Convey the positive impact that IP has on innovation for NTDs, malaria, and TB. Increased information dissemination about the role of IP for R&D in NTDs, malaria, and TB is one of the implementation activities. This is the technology-driven objective to address the current problems. The provision of a user-friendly website containing all the resources available that would aid in the formation of partnerships is a milestone for this goal, and it should be updated yearly based on user feedback. Additionally, this will make at least six presentations at subject-matter meetings and publish at least four articles in journals and magazines.

CONCLUSION

WIPO demonstrates the evolution and necessary adjustments that were made to reach this point from the time when it started in 1883 with the Paris Convention to the present, in which form and structure it is known to people. It demonstrates the growth of an organisation and this growth has a lot to do with the fact that it joined the United Nations in 1974. From an idea that would deal with intellectual property related issues to being a flag bearer for gender equality on a global scale.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

 

[1] https://sustainabledevelopment.un.org/index.php?page=view&type=30022&nr=2580&menu=3170

Written by-  Steffi Desousa

Primelegal Team

Leave a Reply

Your email address will not be published. Required fields are marked *

document.addEventListener('DOMContentLoaded', function() { var links = document.querySelectorAll('a'); links.forEach(function(link) { if (link.innerHTML.trim() === 'Career' && link.href === 'https://primelegal.in/contact-us/') { link.href = 'https://primelegal.in/career/'; } }); });