overview of the trade-related aspects of intellectual
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Overview of Overview of the Trade-Related Aspects of the Trade-Related Aspects of Intellectual Property Rights Intellectual Property Rights
(TRIPS Agreement) (TRIPS Agreement) and and
the Role of WIPOthe Role of WIPO
ASPAC/FSV/Pakistan 2007/Sem FlexibilitiesNovember 2007
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Background to the Agreement Background to the Agreement on Trade-Related Aspects of on Trade-Related Aspects of Intellectual Property Rights Intellectual Property Rights
(TRIPS Agreement) (TRIPS Agreement)
ASPAC/FSV/Pakistan 2007/Seminar TRIPSASPAC/FSV/Pakistan 2007/Seminar TRIPS
Overview of the TRIPS AgreementOverview of the TRIPS Agreement
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• This multilateral Agreement constitutes Annex IC This multilateral Agreement constitutes Annex IC of the Marrakesh Agreement establishing WTOof the Marrakesh Agreement establishing WTO
• Introduces Introduces Intellectual PropertyIntellectual Property as an integral part as an integral part of the multilateral trading systemof the multilateral trading system
• Defines minimum standards:Defines minimum standards:
- subject matter to be protected- subject matter to be protected
- - rights rights to be conferred and permissible to be conferred and permissible exceptions exceptions to those to those
rightsrights
- minimum - minimum duration duration of protectionof protection
Overview of the TRIPS AgreementOverview of the TRIPS Agreement
• It provides for transitional arrangementsIt provides for transitional arrangements- Developed countries (January 1, 1996)- Developed countries (January 1, 1996)
- Developing countries (January 1, 2000)- Developing countries (January 1, 2000)
- Least developed countries (January 1, 2006)- Least developed countries (January 1, 2006)
(On 27 June 2002, TRIPS Council approved a decision (On 27 June 2002, TRIPS Council approved a decision extending until 2016 the transition period during which extending until 2016 the transition period during which least-developed countries do not have to provide patent least-developed countries do not have to provide patent protection for pharmaceuticals.)protection for pharmaceuticals.)
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• It sets standards for It sets standards for enforcement enforcement of IP rights of IP rights
• It establishes dispute It establishes dispute settlement mechanismsettlement mechanism
TRIPS Basic Rules TRIPS Basic Rules
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• Rights conferredRights conferred: : Establishes Establishes minimum standardsminimum standards of IP of IP protection (incorporating substantive provisions of Paris, protection (incorporating substantive provisions of Paris, Berne, Rome Conventions, and Washington Treaty)Berne, Rome Conventions, and Washington Treaty)
• National treatmentNational treatment: each member shall accord to the : each member shall accord to the nationals of other members treatment no less nationals of other members treatment no less favorable than that it accords to its own nationals favorable than that it accords to its own nationals (art.3)(art.3)
• Most-Favored-Nation treatmentMost-Favored-Nation treatment: Any advantage : Any advantage granted by a Member to the nationals of any other granted by a Member to the nationals of any other country shall be accorded to the nationals of all other country shall be accorded to the nationals of all other Members Members (art.4)(art.4)
TRIPS PrinciplesTRIPS Principles
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• Principles: In formulating/amending laws, Members Principles: In formulating/amending laws, Members may adopt measures to may adopt measures to
•protect public health and nutrition, and protect public health and nutrition, and
•promote public interest in sectors of vital promote public interest in sectors of vital importance to importance to the socio-economic and the socio-economic and technological development technological development (art.8(art.8))
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TRIPS OjectivesTRIPS Ojectives• Objectives:Objectives: the protection and enforcement of IPRs the protection and enforcement of IPRs should contribute to should contribute to
• promotion of technological innovation promotion of technological innovation
•transfer and dissemination of technology transfer and dissemination of technology
•the mutual advantage of producers and users of the mutual advantage of producers and users of technological knowledge and technological knowledge and
•in a manner conducive to social and economic in a manner conducive to social and economic welfare, welfare, and to a balance of rights and and to a balance of rights and obligationsobligations (art.7)(art.7)
•
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Standards of IP Rights Part IIStandards of IP Rights Part II
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• Copyright and related rights (Section 1)Copyright and related rights (Section 1)- Provisions of - Provisions of BerneBerne Convention incorporated Convention incorporated- - Computer programsComputer programs are protected as literary works (art.10) are protected as literary works (art.10)- - Data compilationsData compilations are protected as such (art.10) are protected as such (art.10)- Minimum 50-year term for copyrighted works (art.12)- Minimum 50-year term for copyrighted works (art.12)
• Trademarks (Section 2)Trademarks (Section 2)- Provisions of - Provisions of ParisParis Convention incorporatedConvention incorporated- Strengthen the protection of - Strengthen the protection of well-known markswell-known marks (art.16) (art.16)- Clarifies - Clarifies non-usenon-use (art.19) (art.19)- Prohibits - Prohibits compulsory licensingcompulsory licensing (art.21) (art.21)- Minimum 7-year protection, renewable indefinitely (art.18)- Minimum 7-year protection, renewable indefinitely (art.18)
• Geographical Indications (Section 3)Geographical Indications (Section 3)- Protection for wines and spirits strengthened (art.23)- Protection for wines and spirits strengthened (art.23)- - Ongoing negotiationsOngoing negotiations to extend same level of protection to to extend same level of protection to
other GIs (art.24)other GIs (art.24)
Standards of IP Rights Part IIStandards of IP Rights Part II
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• Patents (Section 5)Patents (Section 5)- Provisions of - Provisions of ParisParis Convention incorporated Convention incorporated - Protection for inventions, products & processes in - Protection for inventions, products & processes in all fieldsall fields of of
technology (Art.27(1)) (allowed technology (Art.27(1)) (allowed exceptionsexceptions - Article 27.3) - Article 27.3)- Protection of plant breeders’ rights (either by patent or - Protection of plant breeders’ rights (either by patent or sui generissui generis))- - Compulsory licensingCompulsory licensing (Conditions: Article 31) (Conditions: Article 31)- Minimum 20-year protection length from filing date (Art.33)- Minimum 20-year protection length from filing date (Art.33)
• Industrial designs (Section 4)Industrial designs (Section 4)- Explicit protection for - Explicit protection for textiletextile designs (art.25.2) designs (art.25.2)- Minimum 10-year protection (art.26)- Minimum 10-year protection (art.26)
• Undisclosed information (Section 7)Undisclosed information (Section 7)- Trade secrets protected against unfair methods of disclosure- Trade secrets protected against unfair methods of disclosure
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• Enforcement of IP Rights Part IIIEnforcement of IP Rights Part III- - General obligations (Section 1): General obligations (Section 1): enforcement proceduresenforcement procedures
must be available under the national lawsmust be available under the national laws- - Civil and administrativeCivil and administrative procedures for infringing activity procedures for infringing activity
(Section 2)(Section 2)- Border measures (Section 4) Customs Authorities- Border measures (Section 4) Customs Authorities- - Criminal Criminal procedures and penalties (Section 5)procedures and penalties (Section 5)
• Dispute settlement Part V Dispute settlement Part V - - WTO dispute settlement procedures apply WTO dispute settlement procedures apply (art.64)(art.64)
Enforcement & Dispute SettlementEnforcement & Dispute Settlement
II.II.
WIPO’s Legal and Technical WIPO’s Legal and Technical Assistance for the Assistance for the
Implementation of the Implementation of the TRIPS AgreementTRIPS Agreement
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OUTLINEOUTLINE
1. Introduction1. Introduction
2. Nature and Types of Assistance2. Nature and Types of Assistance
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3. Specific Activities Under the WIPO-WTO 3. Specific Activities Under the WIPO-WTO AgreementAgreement
4. Conclusion4. Conclusion
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• Article 4 of WIPO ConventionArticle 4 of WIPO Convention provides that it provides that it shall, shall, inter alia,inter alia, “ “offer its cooperation to States offer its cooperation to States requesting legal-technical assistance in the field of requesting legal-technical assistance in the field of intellectual property.intellectual property.””
1. Introduction1. Introduction
WIPO - WTO AgreementsWIPO - WTO Agreements• 1996 - WIPO-WTO Agreement entered into 1996 - WIPO-WTO Agreement entered into forceforce
- - Assistance to developing countriesAssistance to developing countries: Legal-technical : Legal-technical assistance and technical cooperation assistance and technical cooperation (art. 4)(art. 4)
- - Notification and collection of Notification and collection of IP legislationIP legislation (art. 2)(art. 2)
- - Notification of emblems (art. 3)Notification of emblems (art. 3)
• 1998 - Joint Initiative1998 - Joint Initiative
- - technical cooperation to assist developing countries to meet the technical cooperation to assist developing countries to meet the
January 1, 2000 deadline for conformity with the TRIPS AgreementJanuary 1, 2000 deadline for conformity with the TRIPS Agreement
• 2001 - Joint Initiative2001 - Joint Initiative
- technical cooperation to assist least developed countries to meet the - technical cooperation to assist least developed countries to meet the
January 1, 2006 deadline for conformity with the TRIPS AgreementJanuary 1, 2006 deadline for conformity with the TRIPS Agreement 14
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2. Nature and Types of 2. Nature and Types of AssistanceAssistance
offered by WIPOoffered by WIPO• 1. Legislative advice (art.2)1. Legislative advice (art.2)
• 2. Awareness building and human 2. Awareness building and human resource development (HRD)(art.4)resource development (HRD)(art.4)
• 3. Institution building and modernization 3. Institution building and modernization of the IP system (art. 4)of the IP system (art. 4)
• 4. Enforcement (art.4)4. Enforcement (art.4)
1. Legislative Advice1. Legislative Advice
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• At the request of the country concernedAt the request of the country concerned
• Covers all Intellectual property: Covers all Intellectual property: Industrial Property, Copyright and Enforcement
• The objectiveThe objective: assist developing countries to : assist developing countries to strengthen their IP legislative framework in strengthen their IP legislative framework in consonance with international standardsconsonance with international standards
1. Legislative Advice1. Legislative Advice
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Takes into account Takes into account
• all the flexibilities including those confirmed by all the flexibilities including those confirmed by Doha DeclarationDoha Declaration
• the legal, political and cultural situation of the the legal, political and cultural situation of the country concernedcountry concerned
Sovereign Member State takes the final decisionSovereign Member State takes the final decision
1. Legislative Advice1. Legislative Advice
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• It is an interactive, confidential process with It is an interactive, confidential process with no obligation on part of the Member Statesno obligation on part of the Member States
• It consists of preparation and submission of It consists of preparation and submission of
• new draftnew draft laws laws
• draft draft provisionsprovisions to amend and modernize existing IP laws to amend and modernize existing IP laws
• commentscomments and suggestions on draft laws and suggestions on draft laws
●● After reactions from the country concerned, After reactions from the country concerned, WIPO providesWIPO provides
. . Further written commentsFurther written comments
. . Holds discussions with Government officialsHolds discussions with Government officials
. . Suggests further revisionsSuggests further revisions
1. Legislative Advice1. Legislative Advice
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• It also consists of:It also consists of:
• Provision of general Provision of general legal informationlegal information on on intellectual propertyintellectual property
• Reply to questions concerning the Reply to questions concerning the interpretation of some IP International treatiesinterpretation of some IP International treaties
• Reply to questions concerning some IP notions Reply to questions concerning some IP notions and and concepts included in the national laws concepts included in the national laws
1. Legislative Advice1. Legislative Advice
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- Since 1996, the Member states have to notify their intellectual property legislation to the Council for Trade Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO) - under Article 63(2) of the TRIPS Agreement
- and subsequently WTO should communicate this legislation to WIPO - under Article 2(4) of the Agreement between WIPO and the WTO of December 22, 1995.
1. Legislative Advice1. Legislative Advice
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- All these texts are centralized in the Collection of Laws Section in a documentation and information service.
- Since September 1999, the obligation of WIPO to publish these laws has been done progressively through the Collection of Laws for Electronic Access (CLEA) an electronic database of intellectual property legislation published under the WIPO website.
1. Legislative Advice1. Legislative Advice
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Collection of Laws for Electronic Access (CLEA)Collection of Laws for Electronic Access (CLEA)
-Establishment of an Establishment of an international data basisinternational data basis including including IP national laws. IP national laws.
-WIPO makes a valuable contribution to the WIPO makes a valuable contribution to the development of intellectual property lawsdevelopment of intellectual property laws
- by collecting legislation and by collecting legislation and
- making available making available up-to-date informationup-to-date information on on intellectual property legislation.intellectual property legislation.
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1. Legislative Advice1. Legislative Advice
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The Collection of Laws Section is responsible for: The Collection of Laws Section is responsible for:
• providingproviding information information and documentation and documentation service in the field of IP legislationservice in the field of IP legislation
• publishing textspublishing texts of laws and treaties of laws and treaties
• assisting in translationassisting in translation of laws of laws
2. Awareness Building & 2. Awareness Building & Human Resource DevelopmentHuman Resource Development
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• Organize Organize meetingsmeetings at national, sub-regional and at national, sub-regional and regional level for different target groupsregional level for different target groups
• Arrange Arrange study visits study visits for government officials to WIPO for government officials to WIPO and selected countriesand selected countries
• Conduct on-the-job Conduct on-the-job trainingtraining
• Make use of Make use of national and regional institutionsnational and regional institutions for for awareness-building and training purposesawareness-building and training purposes
• Prepare studies and Prepare studies and reference materialsreference materials
• Promote Promote IP teachingIP teaching and research in universities, and research in universities, tertiary institutions, training centers, etc.tertiary institutions, training centers, etc.
3. Institution Building & 3. Institution Building & Modernization of the IP SystemModernization of the IP System
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• Develop industrial property Develop industrial property information servicesinformation services
• Formulation of Formulation of automation plansautomation plans, including , including provision provision of the necessary hardware and software to the of the necessary hardware and software to the national office national office
• Advisory missionsAdvisory missions to give advice on modernizing to give advice on modernizing management systems and streamlining management systems and streamlining administrative proceduresadministrative procedures
• Sponsor Sponsor study visitsstudy visits by government officials to IP by government officials to IP offices in industrialized countries to study various offices in industrialized countries to study various aspects of modernization of the IP systemaspects of modernization of the IP system
4. Enforcement4. Enforcement
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• Promote contacts among national focal points for Promote contacts among national focal points for enforcement enforcement Task forceTask force
• Arrange orientation and Arrange orientation and study programsstudy programs for senior for senior custom officials to act as trainers and resource personscustom officials to act as trainers and resource persons
• Organize Organize training coursestraining courses and special meetings on and special meetings on the enforcement provisions of the TRIPS Agreementthe enforcement provisions of the TRIPS Agreement
• Organize Organize colloquia colloquia for judges, and arrange interaction for judges, and arrange interaction among judges, prosecutors and attorneysamong judges, prosecutors and attorneys
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• Article 6Article 6terter of the Paris Convention (art.3) of the Paris Convention (art.3)
• Laws and regulations (art.2)Laws and regulations (art.2)
3. Specific Activities Under the 3. Specific Activities Under the WIPO-WTO AgreementWIPO-WTO Agreement
• Joint activities of WIPO and WTO (art.4)Joint activities of WIPO and WTO (art.4)
Laws and RegulationsLaws and Regulations
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• Refer to the aboveRefer to the above
Article 6Article 6terter of the Paris of the Paris ConventionConvention
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• Communication of emblems and transmittal of Communication of emblems and transmittal of objectionsobjections
Under Article 3 of the WIPO-WTO Agreement:
the communication of emblems and transmittal of objections under the TRIPS Agreement are to be administered by the International Bureau of WIPO in accordance with the procedures applicable under Article 6ter of the Paris Convention.
Article 6Article 6terter of the Paris Convention of the Paris Convention
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Since January 1, 1996, the International Bureau has made the following communications:
• communication to WTO Members not party to the Paris Convention of all the emblems so far
communicated to the States party to the Paris Convention; and
• communication of emblems for which protection has been requested since January 1, 1996, by States or IGOs.
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• Jointly organized Jointly organized
•symposia, symposia,
•workshops, seminars and workshops, seminars and
•training courses on the TRIPS Agreementtraining courses on the TRIPS Agreement
Joint Activities of WIPO and WTO Joint Activities of WIPO and WTO
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Under Article 4 of the WIPO-WTO Agreement: Legal technical assistance and technical cooperation
• These activities include:
•attending each other’s meetings as an observer,
•providing resource persons, in each other’s symposia, workshops, seminars and training courses and, in particular, jointly organizing symposia.
Joint Activities of WIPO and WTO Joint Activities of WIPO and WTO
• ObjectiveObjective:: to implement the TRIPS Agreement to implement the TRIPS Agreement• ScopeScope:: all developing and least developed countries all developing and least developed countries
(LDCs)(LDCs)• Programs and activitiesPrograms and activities: awareness creation, : awareness creation,
institution-building, human resource development institution-building, human resource development and legislative adviceand legislative advice
• ApproachApproach: demand-driven, country-specific : demand-driven, country-specific (tailor-(tailor-made) and cost-effectivemade) and cost-effective• Tools of deliveryTools of delivery:: NFAPs, meetings, training courses, NFAPs, meetings, training courses,
management visits, expert missions, studies, IT management visits, expert missions, studies, IT equipment supply, teaching, fellowships, etc.equipment supply, teaching, fellowships, etc.
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ConclusionConclusion
• TRIPS already 12 yearsTRIPS already 12 years
• Did it achieve its goals ?Did it achieve its goals ?
• How is it implemented ?How is it implemented ?
• Problems ? Solutions Problems ? Solutions
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ConclusionConclusion
Thank you for your Thank you for your kind attentionkind attention
((http://[email protected])[email protected])
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