Paris Convention
Paris Convention, concluded on 20th March, 1883, is the first and the oldest international convention. It is a pioneering international agreement. There are 30 articles in the convention dealing with various aspects of industrial property like patents, design, trademark, false indication, utility models and their protection. The convention has set up an institutional framework by providing, administrative organ like Union, the Assembly, the Executive Committee and the International Bureau. There are more than 140 members and all members constitute the Union for protection of industrial property.
The Paris Convention is based on three guiding principles viz.
(i) National treatment/ which requires that every member state should grant the same protection to nationals of other member states as it grants to its own nationals,
(ii) Right of priority which confers on any member of the Union, which has filed an application for a patent in countries. If filed within this grace period, the original date becomes the effective filing date in all other member countries. This 12 months right of priority is also extended to utility models. Trademarks and industrial designs enjoy a six months‘ right of priority and
(iii) Uniform rules which means that although the Convention regards the protection of industrial property rights as a matter of domestic legislation, it establishes a set of uniform rules that must be observed by each member state to provide minimum protection for industrial property rights.
For example, in case of patents, Article 5 of the Convention sets forth limitation on compulsory licences for failure to work patent and on conditions of forfeiture of a patent.
The Paris Convention was subsequently revised in Stockholm on 4th July, 1967.
Conventions Relating to Patents
(a) International Convention for Protection of New Varieties of Plants (UPOV), 1968 (Subsequently revised in 1991)
The UPOV Convention seeks to provide special title of protection of a patent to the breeders of new plant variety. The object is to address a longstanding problem in patent law. As the patent system has not yet developed the mechanism to provide protection to plant breeders, the UPOV encourages a sui generis law to provide monopoly rights to plant breeders of new plant variety which is akin to invention. It covers both sexually and sexually produced plants of botanical variety. The minimum period of protection is 15 years. For vines, forests, fruits, and ornamental trees it is 18 years.
The Convention has 42 Articles dealing with protection of rights, rights of priority and related aspects. The Convention provides for two permanent organs viz.
(i) the Council, consisting of representatives from member states and
(ii) the Secretary General.
The Convention was further revised in 1991.
(b) Patent Co-operation Treaty 1970 (PCT)
The object of PCT is to seek co-operation of states and simplification of procedure in filing patent application in states which are party to the agreement. The PCT was concluded on 19th June, 1970 and came into force on 24 January, 1978. The PCT enables and entitles the nationals or domiciliaries of a contracting state to file an international application for patent protection. In his application he should indicate the member states in which he wishes to obtain protection. A claim for priority is to be stated in the application.
(c) Budapest Treaty on International Recognition of Deposit of Microorganism for purposes of Patent Procedure 1980
The Budapest Treaty seeks to resolve the problem resulting from lack of uniformity in national requirement for micro-organism deposit. Requirement of disclosure of invention to patent office poses difficulty in the case of microorganism. Through this treaty series of International Depository Authorities (IDA) have been established, where micro-organism can be deposited for the purpose of claiming patent.
Apart of above major conventions Eurasian Patent Convention, European Patent Convention, 1973, Strasbourg Agreement of International Patent Classification can also be referred to in the field of patent.
Conventions Relating to Trademark
(a) Madrid Agreement
The Madrid Agreement concerning International Registration of marks was enforced on 14 April, 1891. Since then it has been revised five times. The last revision took place in Stockholm on 14 July, 1967. The main object of this Agreement is to simplify the procedure for the filing of trademarks and service marks in different countries. It provides for a system of international registration of an approved trademark or service mark by a single application through the International Bureau of WIPO. It thus, helps the trademark holder in avoiding multi-country trademark filing. To enable the single application filing, the person must have obtained registration in the country of origin.
The international registration is published by the International Bureau of WIPO. A copy of which is sent to each member country in which protection is sought by trademark holder. This international registration remains effective for 20 years. A protocol for harmonization of Madrid Agreement with regional trademark system has also been entered in 1995.
In addition to Madrid Agreement, following international agreements have also laid down norms and guidelines in relation to trademarks and allied matters.
They are :
(a) The Nice Agreement Concerning the International Classification of Goods and Service for the Purposes of Registration of Marks, 1957.
(b) The Vienna Agreement established on International Classification of Figurative Elements of Marks, 1973.
(c) Trademark Law Treaty for Harmonization of Trademark Registration System concluded in Geneva in 1994.
Conventions Relating to Copyrights
(a) Berne Convention for Protraction of Literacy and Artistic Works, 1886
The Berne Convention with 38 articles and with more than 120 countries as members is the most significant international convention in the field of protecting copyright. It established Berne Union. It was further revised by Paris Revision in 1971. The scope of Convention is very wide and includes within it literacy and artistic works produced in the literacy, scientific and artistic domain irrespective of mode or form of its expression. Both published and unpublished works of authors are covered under the Convention.
The Convention has provided for a minimum term of protection of copyright as life plus 50 years or an alternative of 50 years from publication of anonymous and pseudonymous works. It also provides for certain limitations to the exclusive rights, such as fair use privilege and a possible limitation on the right of recording of musical works. Convention also recognizes, a part of authors‘ exclusive economic right, the moral right of the authors.
(b) Universal Copyright Convention, 1952 (UCC)
The UCC was entered into by countries like USA, the then Soviet Union and China, as they did not join the Berne Convention. UCC was thus developed as an alternative of Berne Convention. The UCC is based on National Treatment and also the requirement of maintenance of specific minimum legal safeguard by each contracting state. It was revised in 1971 at Paris on the demand of developing countries. Special provisions allow the developing countries to obtain compulsory licence under certain conditions, to translate copyrighted works for teaching, scholarship and research purposes.
(c) Rome Convention, 1961
For protecting neighbouring rights of performers, producers of phonograms and broadcasting organizations, Rome Convention was concluded in 1961 and it came into effect on 18 May, 1964. The Convention grants protection to performers if their performance takes place in another contracting state. Unauthorized broadcast of performance is prohibited. Generally the protection is granted for 20 years computed from the end of the year when the fixation was made on phonogram and performances incorporated therein. Countries which are members of either Berne Convention or Universal Copyright Convention can become members of Rome Convention.
In addition, there are following international conventions having vital bearing on the copyrights and other related rights :
(1) WIPO Copyright Treaty, 1996 (concluded at Geneva on 20th December, 1996).
(2) WIPO Performance and Phonogram Treaty, 1996 (concluded at Geneva on 20th December, 1996).
(3) Brussels Convention Relating to Distribution of Programme Carrying Signals Transmitted by Satellite, 1974 (concluded on 21st May, 1974 at Brussels).
(4) Geneva Treaty on International Registration of Audio Visual Works, 1989 (concluded on 20th April, 1989 at Geneva).
(5) Treaty on Intellectual Property in Respect of Integrated Circuit , (concluded on 26th May, 1989).
Conventions Relating to Geographical Indications
(a) Madrid Agreement on Repression of False or Deceptive Indications of Source on Goods, 1967
This agreement seeks to protect consumer interest against persons using false or deceptive indications of goods. It provides for remedy of seizure or import prohibition of all goods bearing false or deceptive indication.
(b) Lisbon Agreement for protection of appellations of origin and their Registration, 1979.
This agreement intends to protect appellation of origin defined as, geographical home of country, region or locality, which serves to design a product originating therein having quality and characters exclusively or essentially due to the geographical environment including natural and human factors.
Under this agreement the contracting parties are required to protect appellation of origin‘ of other contracting countries recognized and protected in the country of origin and registered at the International Bureau of WIPO.
Conventions Relating to Industrial Designs
(a) Hague Agreement concerning the International Deposit of Industrial Design, 1925 (Revised at Hague in 1960)
The primary purpose of this agreement as revised at Hague in 1960 is to facilitate the international protection of industrial design by providing a single deposit with the International Bureau of WIPO so that possible infringement in other member countries may be prevented. The protection is offered only when the industrial design is deposited on payment of prescribed fee. The international deposit once registered and published, will have the same effect in the contracting state as if registered under the national laws. The protection is extended to the initial terms of 5 years and is renewable every 5 years.
(b) Locarno Agreement on establishing an International Classification for Industrial Design, 1968
This agreement aims at bringing uniformity to the classification of industrial designs to facilitate searches for novelty and priority.
The abovementioned description of various international conventions and agreements on various components of intellectual property rights will be deemed as completed only when a detailed analysis of WIPO and the agreement on Trade related aspects of intellectual property rights. (Popularly known as TRIPs) is made.
World Intellectual Property Organization (WIPO)
Establishment of WIPO is a landmark event in the history of promotion and protection of intellectual property rights at global level. The convention establishing the WIPO was signed at Stockholm on 14th July, 1967. The WIPO has been designated as specialized body of United Nations and it also acts as a complimentary body with WTO in so far as promotion and protection of IPRs is concerned. The Head Quarter of WIPO is at Geneva.
(a) Objectives of WIPO
The objectives of WIPO can be summarized as under :
(i) To promote the protection of intellectual property throughout the world through co-operation among states and where appropriate in collaboration with any international organization;
(ii) To harmonise national intellectual property legislation and procedures;
(iii) Provide services for international applications for intellectual property rights;
(iv) Exchange information on intellectual property;
(v) Provide legal and technical assistance to developing and other countries;
(vi) Facilitate the resolution of private intellectual property disputes; and
(vii) Marshal information technology as a tool for storing, accessing and using valuable intellectual property information.
(b) Membership of WIPO
Membership of WIPO is open to any state which is member of any Unions. Even if it is not a member of Union, a nation can become member of WIPO if it is a member of United Nations or other specialized agencies. The membership of WIPO has gone up to 177 countries.
(c) Organs of WIPO
WIPO performs its functions and programmes through following four organs :
(i) General Assembly, consisting the states party to the convention establishing WIPO which are the members of the Unions;
(ii) Conference, consisting of the states party to the Convention, whether or not they are members of any of the Union;
(iii) Coordination Committee, consisting of the states party to the Convention which are members of the Executive Committee of the Paris Union, or of the Berne Union or both; and
(iv) International Bureau It is the Secretariat of the Organization. It shall be directed by the Director General, assisted by two or more deputy Directors General. The Director General is the Chief Executive of the WIPO and he is appointed for a fixed term which is not less than six years. The DG represents the organization, reports to and conforms to the instructions of the General Assembly as to the internal and external affairs of Organization. Apart from these four organs the WIPO has established recently a World Wide Academy for dissemination of IPR related information and knowledge throughout the world.
(d) Programmes and activities of WIPO
The programmes of WIPO are designed to provide—
(i) advice and expertise in the revision of national legislation is particularly important for those WIPO member States with obligations under the TRIPs Agreement;
(ii) comprehensive education and training programmes at national and regional levels for officials dealing with intellectual property, including those concerned with enforcement and; for traditional and new groups of users, on the value of intellectual property and how to create their own economic assets through better use of the intellectual property system;
(iii) extensive computerization assistance to help developing countries acquire the information technology resources (both in human and material terms) to streamline administrative procedures for managing and administering their own intellectual property resources, and to participate in WIPO, global information network;
(iv) financial assistance to facilitate participation in WIPO activities and meetings, especially those concerned with the progressive development of new international norms and practices.
Special Programmes
WIPO carries out a special programme to promote, in the developing countries, the collective management of copyright, for the increased benefit of creators such as authors, composers and artists. A special unit looks after the concerns of the least-developed countries, which require special attention and assistance so that they too can reap the benefits of intellectual property.
(e) Activities of WIPO
A fundamental and enduring part of WIPO‘s activities in promoting the protection of intellectual property is the progressive development and application of international norms and standards. The organization currently administers 11 treaties that set out internationally agreed rights and common standards for their protection that the States which sign them agree to apply within their own territories.
(f) Development of E-Commerce
In September 1999, WIPO adopted the Digital agenda—a work programme for the Organization over the coming-years in response to the confluence of the internet digital technologies and the intellectual property system. The Organization is formulating appropriate responses that will encourage dissemination and use of intellectual property such as music, films, trade identifiers and knowledge on the internet as well as ensure protection of the rights of their creators and owners.
(g) WIPO Worldwide Academy
WIPO believes that the human capital of developing countries is key to their realizing the full benefits of the national and international intellectual property system. The WIPO Worldwide Academy helps to develop those human resources, setting tip modem and tailor-made training programmes for policy advisors, development managers and other target groups. Its activities include :—
(i) Programmes Evolution of new training and teaching techniques.
(ii) Distance Learning Centre using Internet facilities.
(iii) Client specific learning modules and materials.
(iv) Use of modern public-access media to disseminate knowledge of intellectual property.
(h) Inter-relationship between WIPO and WTO (World Trade Organization)
Agreement between WIPO and WTO (which came into existence on 1st January, 1995) has been entered into force on 1st January, 1996 with a purpose of creating a cooperative and conducive relationship. It inter alia provides :
(i) accessibility of laws and regulations in the WIPO collection by WTO members and their Nationals;
(ii) accessibility of the computerized database to WTO members and their nationals; and
(iii) accessibility of Laws and Regulations in the WIPO collection by the WTO Secretariat and the Council for TRIPs etc.
Establishment of World Trade Organization (WTO)
In the background of the structural changes in the world economy, the successful conclusion of the Uruguay Round of trade negotiations paved the way for a new era of profound significance for the emerging trading system. The Uruguay Round negotiations formally began in 1986 and it took seven years for its conclusion on the 15th December, 1993 and thereupon the Final Act was signed on 15th April, 1994 at Marrakash (Morocco). As a result, replacing the GATT the World Trade Organization (WTO) was established on the 1st January, 1995. The creation of WTO is, in fact a- landmark in the history of multilateral trading system. Although there are many disturbing features as regards economic interests of developing countries vis-a-vis developed countries especially in the field of labour, environmental subsides and intellectual property rights, yet this compromising deal have come to stay. One of the major agreements having far reaching impact on IPRs is the agreement on trade related aspects of Intellectual Property Rights, (hereinafter referred as TRIPs)
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