World Intellectual Property Organization (WIPO)

Establishment and Objectives

Promoting IP protection worldwide

WIPO, a specialized agency of the United Nations, was established in 1967 with the objective of promoting the protection of intellectual property (IP) throughout the world by encouraging cooperation among nations and administration of multilateral IP treaties.

Administering international IP treaties

WIPO is responsible for administering numerous international treaties that set common legal standards for intellectual property protection and facilitate international cooperation among its 193 member states.

Example 1. WIPO assists developing countries in drafting IP laws and policies and offers global IP services such as trademark registration via the Madrid System.

Answer:

WIPO plays a vital role in providing legal and technical support to countries and in harmonizing IP practices worldwide.

Key WIPO Treaties

Paris Convention for the Protection of Industrial Property

This 1883 treaty ensures national treatment and right of priority for patents, trademarks, and industrial designs among member countries.

Berne Convention for the Protection of Literary and Artistic Works

Established in 1886, this treaty provides for automatic protection of works without the need for formal registration and sets a minimum term of copyright protection.

Madrid System for International Registration of Trademarks

This system allows trademark owners to apply for protection in multiple countries through a single application filed with WIPO.

Hague System for International Registration of Industrial Designs

This treaty allows applicants to register industrial designs in multiple countries through one application and one set of fees.

Patent Cooperation Treaty (PCT)

The PCT simplifies the process of filing patents in multiple countries by allowing a single international application, followed by national phase filings in designated countries.

Example 2. An inventor in India wants to protect his invention in Europe, Japan, and the US without filing separate applications in each country.

Answer:

The inventor can file a single international patent application under the PCT through WIPO and later pursue protection in those jurisdictions during the national phase.

TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights)

Objective and Scope

Setting minimum standards for IP protection

The TRIPS Agreement, administered by the World Trade Organization (WTO), sets out the minimum standards for various forms of intellectual property (IP) regulation as applied to nationals of other WTO Members.

Integration of IP with trade policy

TRIPS links IP rights with international trade, ensuring that IP is not treated in isolation but as an essential component of economic growth and trade liberalization.

Example 1. TRIPS mandates a minimum 20-year term for patents across all WTO member countries.

Answer:

This harmonization helps innovators seek consistent protection globally and facilitates cross-border commercial activities.

Substantive Standards

TRIPS provisions on Copyright, Trademarks, Patents, GIs, Designs, Trade Secrets

TRIPS incorporates international standards such as those in the Berne Convention (for copyright), Paris Convention (for industrial property), and provides clear definitions and protection criteria for:

Copyright: Protection of literary, artistic, and musical works.
Trademarks: Protection for brand identity and commercial symbols.
Patents: Protection for inventions for a term of 20 years.
Geographical Indications (GIs): Recognition and protection of products tied to regional origins.
Industrial Designs: Minimum 10-year protection for novel and original designs.
Trade Secrets: Protection against unlawful disclosure of confidential business information.

Example 2. Basmati rice from India is protected under TRIPS as a geographical indication.

Answer:

TRIPS ensures that WTO members recognize and prevent unauthorized use of such GIs in their jurisdictions.

Enforcement of IP Rights

Civil, criminal, and border enforcement measures

TRIPS obligates member countries to provide effective enforcement procedures for IP rights including:

Civil remedies: Injunctions, damages, account of profits.
Criminal sanctions: Especially for willful trademark counterfeiting and copyright piracy.
Border measures: Customs authorities empowered to intercept infringing goods at borders.

Example 3. A shipment of counterfeit luxury handbags is seized by customs under TRIPS-compliant border enforcement measures.

Answer:

TRIPS allows such preventive actions to protect trademark holders and consumers against counterfeit goods.

Dispute Settlement Mechanism of the WTO

TRIPS is enforceable through the WTO's Dispute Settlement Body (DSB). If a member believes another member is violating TRIPS obligations, it may initiate dispute proceedings.

Example 4. The US filed a WTO dispute against China alleging inadequate protection of IP rights under TRIPS.

Answer:

Such disputes are adjudicated by the WTO DSB, and binding recommendations may be issued to ensure compliance with TRIPS obligations.