World Intellectual Property Organisation (WIPO)

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About WIPO

  • World Intellectual Property Organisation (WIPO) is a specialised agency of the United Nations.
  • WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organisations.
  • Establishment:
    • 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 provided for the establishment of an “International Bureau“.
    • The two bureaus were united in 1893 and, in 1970, were replaced by the World Intellectual Property Organization, by virtue of the WIPO Convention.
  • Headquarters: Geneva, Switzerland.
  • Members: 193 member states (India is a member, joined in 1975).
  • Membership is open to any state that is:
    • A member of the Paris Union (for Protection of Industrial Property) OR a member of the Berne Union (for Protection of Literary and Artistic Works), OR
    • A member of the UN, or any of its Specialized Agencies, or the International Atomic Energy Agency, or that is a party to the International Court of Justice, OR
    • Invited by the WIPO General Assembly to become a member.
  • WIPO’s activities include:
    • Hosting forums to discuss and shape international IP rules and policies,
    • Providing global services that register and protect IP in different countries,
    • Resolving transboundary IP disputes,
    • Helping connect IP systems through uniform standards and infrastructure, and
    • Serving as a general reference database on all IP matters.
  • Every year “World Intellectual Property Day” is celebrated on 26th April.

World Intellectual Property Organisation - WIPO

Governance

  • The WIPO Convention establishes three main organs: the WIPO General Assembly, the WIPO Conference and the WIPO Coordination Committee.

General Assembly

  • The WIPO General Assembly is composed of WIPO member States that are also members of any of the Unions.
  • Functions:
    1. Appointment of the Director General upon nomination by the Coordination Committee,
    2. Review and approval of the reports of the Director General and the reports and activities of the Coordination Committee,
    3. Adoption of the biennial budget common to the Unions, and
    4. Adoption of the financial regulations of the Organization.

WIPO Conference

  • It is composed of the States party to the WIPO Convention. It is, inter alia, the competent body for adopting amendments to the Convention.

WIPO Coordination Committee

  • It is composed of members elected from among the members of the Executive Committee of the Paris Union and the Executive Committee of the Berne Union.
  • Functions:
    1. Advise the organs of the Unions, the General Assembly, the Conference, and to the Director General, on all administrative and financial matters of interest to these bodies.
    2. Prepares the draft agenda of the General Assembly and the draft agenda of the Conference.

Secretariat

  • The Secretariat of the Organization is called the International Bureau.
  • The executive head of the International Bureau is the Director General who is appointed by the WIPO General Assembly and is assisted by two or more Deputy Directors General.

WIPO Finances

  • The principal sources of income of WIPO’s regular budget are the fees paid by the users of the international registration and filing services, and the contributions paid by the governments of Member States.

List of WIPO Administered Treaties Ratified by India

Treaties Description
Berne Convention for the Protection of Literary and Artistic Works
  • Adopted in 1886, it deals with the protection of works and the rights of their authors.
  • It provides creators such as authors, musicians, poets, painters etc. with the means to control how their works are used, by whom, and on what terms.
  • Term of protection: At least 50 years after the death of an author.
WIPO Copyright Treaty
  • It is a special agreement under the Berne Convention, which deals with the protection of works and the rights of their authors in the digital environment.
Paris Convention for the Protection of Industrial Property
  • Adopted in 1883, it grants protection to industrial property e.g. patents, trademarks, designs, utility models, service marks, trade names, geographical indications etc.
  • Establishes 3 principles in the industrial IP domain:
    1. National treatment: Equal protection to nationals of other contracting states that each contracting party grants to its own nationals.
    2. Right to priority: One who files an application in one contracting jurisdiction first will have priority in other jurisdictions also.
    3. Common Rules: The Convention lays down a few common rules that all Contracting States must follow.
Patent Cooperation Treaty (PCT)
  • It allows inventors to file international patent applications. This gives their inventions patent protection in several countries.
Nice Agreement
  • It establishes a classification of goods and services for registering trademarks and service marks.
Locarno Agreement
  • It establishes a classification for industrial designs.
WIPO Performances and Phonograms Treaty
  • Deals with the rights of two kinds of beneficiaries, particularly in the digital environment:
    1. Performers (actors, singers, musicians, etc.); and
    2. Producers of phonograms (persons or legal entities that take the initiative and are responsible for the fixation of sounds).
Vienna Agreement 
  • It establishes a classification or marks that consist of, or contain, figurative elements.
Budapest Treaty
  • International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities
  • It allows for copyright exceptions to facilitate the creation of accessible versions of books and other copyrighted works for visually impaired persons.
Madrid Protocol for the International Registration of Marks
  • It provides for the international registration of trademarks through one application covering more than one country.

Reports published by WIPO

  • World Intellectual Property Indicators
  • World Intellectual Property Report
  • Global Innovation Index (in association with Cornell University and INSEAD)
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