Paris Convention

Background of the Paris Convention

The Paris Convention for the Protection of Industrial Property, signed on March 20, 1883, was the
first major international agreement aimed at harmonizing and protecting intellectual property rights
(IPR) globally. The Industrial Revolution had sparked rapid innovation across Europe and the United
States, leading to the need for a common framework that would enable inventors, businesses, and
industrialists to secure their rights across multiple countries. Before the Convention, inventors had to
apply for protection in each country individually, often facing discriminatory treatment or legal
barriers in foreign jurisdictions. The Paris Convention addressed these challenges by establishing a
unified system of basic rules and principles for the protection of industrial property rights.

Initially signed by 11 countries, including Belgium, Brazil, France, Italy, Spain, Switzerland, and the
United Kingdom, the Convention has undergone several revisions to remain relevant in the evolving
landscape of intellectual property law. The major revisions took place in Brussels (1900), Washington
(1911), The Hague (1925), London (1934), Lisbon (1958), and Stockholm (1967). Today, the
Convention has 180 contracting parties, making it one of the most widely adopted treaties in the
field of intellectual property.

The Paris Convention is administered by the World Intellectual Property Organization (WIPO), an
agency of the United Nations that promotes and coordinates international cooperation in intellectual
property.

Salient Features of the Paris Convention

The Paris Convention introduced several key principles and features that have shaped the global
intellectual property framework:

1. National Treatment: This principle ensures that nationals of any member country are
entitled to the same protection and legal remedies in other member countries as those
enjoyed by the nationals of those countries. This removes discrimination based on
nationality and promotes a level playing field for foreign inventors and businesses.

2. Right of Priority: The right of priority is one of the most significant innovations of the Paris
Convention. It allows an applicant who has filed an application for a patent, trademark, or
industrial design in one member country to claim the same filing date when applying in
other member countries. The period within which the applicant can claim priority is:

o 12 months for patents and utility models.

o 6 months for trademarks and industrial designs.

3. Independence of Patents: The Convention established the principle that patents granted in
different countries are independent of each other. Thus, the grant, rejection, or invalidation
of a patent in one country does not affect the status of the patent in other countries where it
has been granted.

4. Protection Against Unfair Competition: Article 10bis of the Convention requires member
countries to provide effective protection against acts of unfair competition. It defines unfair
 competition broadly to include any act that creates confusion, misleads consumers, or
damages the reputation of a competitor.

5. Protection of Trade Names: Trade names are protected under the Convention without the
need for registration. Any unauthorized use of a trade name that creates confusion or
unfairly benefits from the goodwill associated with the name is prohibited.

6. Compulsory Licensing: The Convention allows for compulsory licensing of patents under
certain conditions, such as cases where the patent is not being exploited within a reasonable
time. However, such licenses must be granted in a manner that safeguards the legitimate
interests of the patent holder.

7. Geographical Indications: Although not explicitly detailed in the original text, the Paris
Convention provides implicit protection for geographical indications by preventing the use of
false indications of origin on products.

Provisions of the Paris Convention

The Paris Convention contains 30 articles, which are broadly divided into two categories: substantive
provisions and administrative provisions.

1. Substantive Provisions: These provisions define the rights and obligations of member
countries concerning industrial property protection. Some of the key articles include:

o Article 2: National Treatment This article mandates that each member country must
provide the same legal protection and enforcement mechanisms to nationals of
other member countries as it does to its own citizens.

o Article 4: Right of Priority This article outlines the right of priority, allowing
applicants to claim the date of the first filing in one country as the effective filing
date in other member countries, provided the subsequent applications are filed
within the specified time limits.

o Article 6: Trademarks It stipulates that trademarks duly registered in one member

country must be recognized and protected in other member countries, subject to
national laws.

o Article 8: Trade Names This article ensures that trade names are protected in all
member countries, even without formal registration.

o Article 10bis: Unfair Competition This article obligates member countries to prevent
acts of unfair competition, such as false representations, misleading advertising, and
any activity that harms the goodwill or reputation of another business.

2. Administrative Provisions: These provisions govern the administration and revision of the
Convention. The key administrative articles include:

o Article 13: International Bureau The International Bureau of WIPO is responsible for
managing the administrative tasks related to the implementation of the Convention.
 o Article 14: Revisions This article provides for periodic revisions of the Convention to
accommodate changes in technology, business practices, and legal developments.

o Article 16: Accession This article outlines the process by which new countries can
accede to the Convention.

Governing Rules and Enforcement

The Paris Convention does not prescribe a uniform law for all member countries but instead
establishes minimum standards that each member must incorporate into its national legislation.
While the Convention requires members to adopt its principles, enforcement is left to the national
courts and legal systems of individual countries.

 Dispute Resolution: There is no central mechanism under the Paris Convention for resolving
disputes between member countries or between private parties. Instead, disputes are
typically resolved through national courts or, in some cases, through arbitration or mediation
facilitated by WIPO.

 Amendments and Revisions: The Convention allows for amendments and revisions through
diplomatic conferences. The most significant revisions have focused on expanding the scope
of protection and enhancing administrative cooperation.

Impact of the Paris Convention

The Paris Convention has had a profound impact on the development of international intellectual
property law. It laid the foundation for subsequent treaties, including the Patent Cooperation Treaty
(PCT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The
principles of national treatment, right of priority, and protection against unfair competition have
become cornerstones of modern intellectual property regimes.

The Convention has facilitated international trade, investment, and technological collaboration by
ensuring that innovators and businesses can protect their intellectual property across borders
without facing undue barriers or discrimination. It has also contributed to the globalization of
intellectual property law, promoting a more predictable and stable environment for cross-border
commerce and innovation.

Conclusion

The Paris Convention remains a cornerstone of international intellectual property protection. By

establishing common principles and promoting cooperation among member countries, it has
significantly contributed to the harmonization of intellectual property laws worldwide. Its enduring
relevance in today’s global economy underscores the importance of international collaboration in
protecting the rights of inventors, businesses, and creators. As technological advancements continue
to reshape industries, the Convention’s role in fostering innovation and safeguarding industrial
property will remain pivotal.

Patent Cooperation Treaty (PCT)

Background of the Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty (PCT) was adopted in Washington, D.C. on June 19, 1970 and came
into force on June 1, 1978. It was developed under the auspices of the World Intellectual Property
Organization (WIPO) to simplify the process of seeking patent protection in multiple countries.
Before the PCT, inventors had to file separate patent applications in each country where they sought
protection, leading to a costly and complex process. The PCT was designed to streamline this
procedure by allowing inventors to file a single international patent application that would be
recognized in multiple countries.

Over the years, the PCT has undergone several amendments to improve its efficiency and meet the
evolving needs of global intellectual property protection. As of now, 157 contracting states are
members of the treaty, making it one of the most widely used international patent systems.

Objectives of the Patent Cooperation Treaty (PCT)

1. Simplification of Patent Filing Process

The PCT aims to simplify the process of obtaining patents in multiple jurisdictions by allowing
inventors to file a single international application instead of multiple separate national applications.
This reduces the complexity and burden on applicants, making international patent protection more
accessible.

Objectives of the Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty (PCT) was established to create a more efficient and streamlined
system for obtaining patent protection in multiple countries. It facilitates international cooperation in
the field of intellectual property and seeks to harmonize patent procedures worldwide. Below are
the key objectives of the PCT:

1. Simplification of Patent Filing Process

The PCT aims to simplify the process of obtaining patents in multiple jurisdictions by allowing
inventors to file a single international application instead of multiple separate national applications.
This reduces the complexity and burden on applicants, making international patent protection more
accessible.

2. Cost Efficiency for Applicants

By enabling a single filing with deferred national phase entry, the PCT reduces the initial costs of
obtaining patent protection in multiple countries. This cost efficiency allows applicants to postpone
expenses related to translations, national filing fees, and hiring local agents until they have assessed
the commercial viability of their invention.

3. Providing a Unified Search and Preliminary Examination

The PCT seeks to improve the quality of patents by providing a centralized International Search
Report (ISR) and an optional International Preliminary Examination. These reports offer valuable
insights into the patentability of an invention (novelty, inventive step, and industrial applicability)
before proceeding to the national phase, helping applicants make informed decisions.

4. Harmonization of International Patent Procedures

One of the key objectives of the PCT is to harmonize the procedural requirements for patent filing
across different jurisdictions. This ensures consistency and uniformity in how international
applications are handled, reducing administrative burdens for both applicants and national patent
offices.

5. Promoting International Cooperation

The PCT promotes cooperation between national and regional patent offices by sharing search and
examination results. This reduces duplication of effort, improves the efficiency of patent examination
processes, and enhances the overall quality of patents granted worldwide.

6. Extended Timeframe for Strategic Decision-Making

The PCT provides applicants with an extended period—up to 30 months from the priority date—to
decide in which countries they want to seek patent protection. This timeframe allows applicants to
evaluate market potential, secure funding, and strategize the commercialization of their invention
before incurring significant costs in the national phase.

7. Dissemination of Technical Knowledge

By publishing international applications along with search reports, the PCT contributes to the
dissemination of technical knowledge and innovations worldwide. This supports research,
development, and further innovation across various fields.

Salient Features of the Patent Cooperation Treaty (PCT)

1. Single International Application

One of the most notable features of the PCT is that it enables an applicant to file a single
international patent application in one language with a single patent office. This application can
cover multiple countries that are members of the PCT. The applicant need not file separate patent
applications in each country initially, which saves considerable time, effort, and cost.

2. Automatic Designation of All Member States

When an international patent application is filed, it automatically designates all contracting states of
the PCT. This gives applicants the flexibility to decide later (during the national phase) in which
countries they actually want to seek patent protection. This provision ensures broad geographic
coverage and allows for strategic decision-making.

3. International Search Report (ISR)

After filing the international application, an International Searching Authority (ISA) conducts a prior
art search and provides an International Search Report (ISR) along with a Written Opinion on the
potential patentability of the invention. This search identifies published documents that might affect
the novelty and inventive step of the invention. The ISR helps applicants gauge the strength of their
application before entering the national phase.

4. International Publication
The international application is published by WIPO, typically 18 months after the earliest priority
date. This publication includes the description, claims, drawings, and ISR. The publication makes the
invention publicly available, promoting transparency and the dissemination of technical knowledge
globally.

5. National Phase Entry

The PCT provides a 30-month period from the priority date (in some cases, 31 months) for
applicants to decide in which countries they want to pursue patent protection. This extended
timeline allows applicants to evaluate the commercial potential of their invention, secure necessary
funding, and plan for filing in selected jurisdictions. Once the applicant enters the national phase, the
application is subject to the local laws and procedures of each designated country.

6. Optional International Preliminary Examination (IPE)

Under Chapter II of the PCT, applicants may request an International Preliminary Examination to
obtain a second opinion on the patentability of their invention, especially concerning novelty,
inventive step, and industrial applicability. This is conducted by an International Preliminary
Examining Authority (IPEA) and provides further clarity before the application enters the national
phase.

7. Harmonized Filing Procedure

The PCT harmonizes the procedural requirements across member countries, ensuring a consistent
and standardized filing process. This uniformity reduces confusion and administrative burden for
applicants seeking international patent protection.

8. Flexibility in Language of Filing

The PCT allows international applications to be filed in multiple languages, depending on the
receiving office. However, the official languages for the purpose of international search and
publication are English, French, German, Spanish, Russian, Arabic, Chinese, Japanese, and Korean.
This linguistic flexibility facilitates easier filing for applicants across different regions.

9. Centralized Fee Payment

Applicants are required to pay a single set of fees (filing fee, search fee, and international fee) during
the initial filing. This centralized payment structure simplifies the cost management process for
applicants, who can delay the payment of separate national filing fees until they enter the national
phase.

10. Reduction in Duplication of Effort

By providing a single international application and initial search and examination reports, the PCT
helps reduce duplication of effort for both applicants and national patent offices. Patent offices in
different countries can rely on the international search and preliminary examination results, thus
improving efficiency and reducing workload.

11. Access to International Search and Examination Results

National patent offices receive the ISR and any written opinions or preliminary examination reports
before they conduct their own examination. This access to comprehensive prior art search results
enhances the quality and consistency of patent examination at the national level.

12. Provisional Patent Rights

In some member countries, once an international application is published, the applicant may be
entitled to provisional rights. These rights allow the applicant to potentially claim compensation for
unauthorized use of the invention after the publication date but before the patent is officially
granted, provided the national phase is successfully entered and the patent is granted.

13. Amendments to the Application

The PCT allows applicants to amend the claims, description, and drawings of the international
application before it enters the national phase. This feature helps applicants refine and strengthen
their application based on the search and examination results, thereby improving the chances of
patent grant during the national phase.

14. Global Network of Patent Offices

The PCT operates through a network of national and regional patent offices that act as Receiving
Offices, International Searching Authorities (ISAs), and International Preliminary Examining
Authorities (IPEAs). This decentralized yet coordinated structure ensures the smooth functioning of
the PCT system across different jurisdictions.

15. Comprehensive Technical and Legal Assistance

WIPO provides comprehensive technical and legal assistance to member countries and applicants.
This includes guidelines on filing, procedural assistance, and access to patent databases, fostering
international cooperation in the field of intellectual property.

Madrid Convention

The Madrid Convention, officially known as the Madrid Agreement Concerning the International
Registration of Marks, was adopted in Madrid, Spain, in 1891. It was the first international treaty to
provide a mechanism for the international registration of trademarks, aimed at simplifying and
streamlining the process of obtaining trademark protection in multiple jurisdictions. The system was
later expanded with the adoption of the Madrid Protocol in 1989, which addressed several
limitations of the original agreement and increased its adoption by member countries.

The Madrid System—comprising the Madrid Agreement and the Madrid Protocol—became
operational under the administration of the World Intellectual Property Organization (WIPO). As of
now, the system includes over 130 member countries, covering a large portion of the global market.
The primary goal of the Madrid Convention was to eliminate the need for applicants to file separate
trademark applications in each country, thus making the process more cost-effective and efficient.

Salient Features of the Madrid Convention

1. Objective and Purpose

  The primary objective of the Madrid Convention is to facilitate the protection of trademarks
across multiple countries through a unified and simplified registration system.

 It enables trademark owners to register their marks in several member states by filing a
single application, thereby reducing administrative and financial burdens.

2. Applicability and Scope

 The Convention applies to all countries that are members of the "Special Union" established
under its framework.

 It ensures that trademarks registered in one member country can be protected in all other
member countries upon request.

3. Centralized Filing and Registration

 Applicants must submit their international application through the national trademark office
of their "country of origin."

 The application is processed by the International Bureau of the World Intellectual Property
Organization (WIPO), which serves as the central administrative body for registrations.

4. Effect of Registration

 Once registered, a trademark enjoys the same level of protection in each designated
member country as if it had been directly registered in those countries.

 This eliminates the need for separate national filings and simplifies management and
renewal.

5. Duration and Renewal of Protection

 Trademarks registered under the Madrid system are valid for 20 years.

 They can be renewed indefinitely for additional 20-year periods, subject to the payment of
renewal fees.

 A grace period of six months is provided for late renewals with an additional surcharge.

6. Right of Priority

 International registrations under the Madrid Convention benefit from the priority rights
established by the Paris Convention for the Protection of Industrial Property.

 This ensures that trademark owners can claim priority from an earlier filing date in the
country of origin.

7. Fees Structure

 The registration process involves the payment of a basic fee.

 Additional fees include:

o A supplementary fee for each class of goods or services beyond the third class.
 o A complementary fee for designating additional countries where protection is
sought.

 Fees are paid directly to WIPO, which redistributes a portion of the revenue to the member
countries.

8. Flexibility in Member Country Participation

 Member countries may declare that protection will only apply upon the explicit request of
the trademark owner (Article 3bis).

 Such requests must be included in the application or made subsequently through a request
for territorial extension.

9. Dependence on National Registration

 For the first five years, an international registration is dependent on the validity of the
original national registration in the country of origin.

 If the national registration is canceled or invalidated within this period, the international
registration also lapses.

10. Objections and Refusals

 Member countries have the right to refuse protection for a trademark within their territory.

 Such refusals must be based on national laws and communicated to WIPO within the
prescribed time limit, typically one year.

11. Administrative Provisions

 The International Bureau of WIPO oversees the registration process, publishes registered
marks in an official journal, and notifies member countries of new registrations or
modifications.

 It ensures transparency and uniformity in the administration of trademark registrations.

12. Provisions for Modifications and Transfers

 Trademark owners can make modifications, such as changes to ownership, scope of

protection, or goods and services covered, through a single procedure.

 Transfers of ownership to entities in other member countries are also accommodated under
the system.

13. Public Access to Information

 The International Bureau provides access to the International Register, enabling public
searches for registered trademarks.

 Certified extracts and information about international registrations can be obtained for a fee.

14. Provisions for Collective Marks

  The Madrid Convention allows for the registration and protection of collective marks under
its framework.

15. Amendments and Governance

 The Convention establishes an Assembly comprising representatives of the member

countries.

 The Assembly has the authority to amend regulations, fix fees, approve budgets, and adopt
administrative measures.

Internation registration of trade marks

The international registration of marks is a crucial mechanism for companies and individuals seeking
to protect their trademarks across multiple jurisdictions. This process allows for the extension of
trademark protection beyond a single country and enables trademark owners to secure their rights
in several member states of international treaties or agreements. The most widely recognized system
for the international registration of marks is the Madrid System, governed by the Madrid Agreement
(1891) and the Protocol to the Madrid Agreement (1989), both administered by the World
Intellectual Property Organization (WIPO).

The Madrid System and its Benefits

The Madrid System facilitates the registration of trademarks in multiple countries through a
centralized process, reducing the complexities and costs associated with registering a trademark
individually in each country. The key feature of the Madrid System is the Madrid Protocol, which
allows a trademark holder to file one application with WIPO, designating the countries where they
seek protection.

The primary benefits of the Madrid System include:

1. Centralized Filing: A single international application, filed in the home country or region,
serves as the basis for the registration in all designated countries. This reduces the need for
separate filings in each jurisdiction, saving both time and effort.

2. Cost Efficiency: The costs involved in international registration are significantly lower than
filing separate applications in each country. Applicants only pay one set of fees to WIPO,
which are then distributed to the designated countries.

3. Ease of Management: Trademark owners can manage their international portfolio of

trademarks through a single office—WIPO. This includes renewing the registration, updating
details, or making other modifications to the international registration.

4. Flexibility: The Madrid System offers flexibility in designating new countries for protection
after the initial registration. Trademark owners can expand their rights to additional
countries without the need for a new application.

5. Simplified Renewals: The renewal process for international trademarks is streamlined, as

trademark owners can renew their mark for all countries at once, instead of individually
managing renewals for each country.
Key Steps in International Registration

1. Initial National or Regional Application: The process begins with the trademark holder filing
a national or regional application in their home country or region (for example, through the
European Union Intellectual Property Office if they are based in the EU). This application
must be filed first and will serve as the basis for the international registration.

2. Filing an International Application: After the national or regional application is filed, the
applicant may submit an international application through the national or regional
trademark office, which is then transmitted to WIPO. The application must include details of
the mark, the goods/services it covers, and the countries where protection is sought.

3. Examination by WIPO: WIPO will examine the international application to ensure

compliance with the Madrid System's rules. This includes verifying that the mark is
registered or applied for in the home country. If the application is in order, WIPO registers
the mark and publishes it in the International Register.

4. Notification to Designated Countries: Once the mark is registered internationally, WIPO

sends a notification to the intellectual property offices of the designated countries. These
offices have 12 to 18 months to either accept or refuse the mark’s protection under their
jurisdiction.

5. National Examination: Each designated country conducts its own examination based on
national laws and may raise objections or refuse the mark's registration if it conflicts with
local regulations. If a refusal is issued, the applicant has the option to appeal or modify the
application.

6. Granting Protection: If no refusal is issued, the trademark is granted protection in each

designated country. This protection is based on the same legal grounds as a national
trademark and enjoys the same rights, such as the ability to oppose infringing marks or seek
remedies in the event of a violation.

World Intellectual Property Organization

The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations
responsible for promoting the protection of intellectual property (IP) worldwide through cooperation
among states and the development of international IP law. WIPO is headquartered in Geneva,
Switzerland, and plays a pivotal role in the global intellectual property landscape, facilitating
innovation, creativity, and economic growth.

Background and Establishment

WIPO was established in 1967 under the Convention Establishing the World Intellectual Property
Organization (commonly known as the WIPO Convention). Its formation followed the desire for a
more coordinated global approach to the growing complexity and importance of intellectual
property rights. Before WIPO's establishment, various national and international efforts were
underway to protect IP, but there was no central body to oversee these efforts and promote global
cooperation.
WIPO succeeded the BIRPI (Bureau International de la Propriété Industrielle), which was founded in
1893 to administer the Paris Convention for the Protection of Industrial Property (1883) and the
Berne Convention for the Protection of Literary and Artistic Works (1886). These conventions laid
the foundation for intellectual property protection, but they required a more unified system to
facilitate the modern challenges of global trade and technological advancement.

The creation of WIPO was also spurred by the increasing need for standardized IP laws across nations
due to the expanding scope of international trade and the rise of technological advancements.
WIPO's role was, and remains, to harmonize and standardize IP laws internationally and provide a
platform for countries to collaborate on IP issues.

Salient Features of WIPO

1. Global Leadership in Intellectual Property

WIPO is the primary international organization responsible for establishing and administering a
global intellectual property system. It provides a platform for member states to harmonize and
standardize IP laws and policies to ensure that intellectual property is protected in a manner that
fosters innovation, technological development, and economic progress. The organization facilitates
cooperation among its 193 member states, promoting consistency in IP protection across countries.

2. Administering International Treaties and Agreements

WIPO administers several key international treaties that govern the protection of intellectual
property rights across multiple jurisdictions. These treaties play a crucial role in standardizing IP laws
globally and facilitating the international recognition of intellectual property. Some of the major
treaties under WIPO's administration include:

 Paris Convention for the Protection of Industrial Property (1883): Provides a framework for
the protection of patents, trademarks, and industrial designs, ensuring that nationals of
member states are given the same IP protections as those granted to the nationals of other
member states.

 Berne Convention for the Protection of Literary and Artistic Works (1886): Governs the
protection of copyright in literary and artistic works, ensuring automatic protection without
the need for formal registration.

 Patent Cooperation Treaty (PCT) (1970): Streamlines the process for applying for patents in
multiple countries by allowing applicants to file a single international patent application that
is recognized by multiple countries.

 Madrid System for the International Registration of Marks (1891): Provides a centralized
system for trademark registration, allowing trademark owners to extend their protection to
multiple countries by filing a single international application.

 Hague Agreement (1960): Provides an international system for registering industrial designs,
allowing applicants to obtain design protection in several countries with one application.

 Lisbon Agreement (1958): Protects geographical indications and appellations of origin,

helping producers protect the names of products linked to their origin.
3. International Cooperation and Capacity Building

One of WIPO’s primary objectives is to foster international cooperation among its member states in
the development and enforcement of intellectual property laws. WIPO works to ensure that
intellectual property is used as a tool for sustainable development and growth, particularly for
developing and least-developed countries. WIPO’s capacity-building efforts include:

 Technical Assistance: WIPO provides technical assistance to help countries establish,

modernize, and enhance their national IP systems.

 Training and Education: WIPO runs various educational programs and initiatives, such as the
WIPO Academy, which provides training in the field of IP for government officials, legal
professionals, business leaders, and students.

 Regional and National Seminars: WIPO organizes events and seminars aimed at educating
and raising awareness about IP among various stakeholders, including policymakers,
businesses, and civil society.

4. Dispute Resolution Services

WIPO offers dispute resolution mechanisms for intellectual property conflicts, particularly in the
context of international disputes between parties. Through the WIPO Arbitration and Mediation
Center, the organization provides an alternative to litigation for resolving disputes involving patents,
trademarks, copyright, and other IP rights. This mechanism is especially useful for international
businesses that wish to resolve their IP issues without going to court, saving time and costs
associated with litigation.

WIPO’s dispute resolution services include:

 Mediation: Facilitates a negotiated settlement between the parties.

 Arbitration: A formal process in which an independent third party makes a binding decision
to resolve the dispute.

5. Intellectual Property Information and Services

WIPO plays a key role in collecting, maintaining, and providing access to global intellectual property
data. The organization operates several databases and services that are widely used by businesses,
governments, and IP professionals. These include:

 WIPO Global Brand Database: A comprehensive database for searching trademarks and
related information.

 WIPO Global Design Database: Provides information on international designs registered

under the Hague Agreement.

 WIPO PATENTSCOPE: A global patent search database that includes international patent
applications filed under the Patent Cooperation Treaty (PCT).

WIPO also offers online tools and platforms to assist IP practitioners in conducting IP searches,
accessing legal texts, and learning about IP trends around the world.

6. Innovation and Economic Growth

WIPO is dedicated to leveraging intellectual property as a means of promoting innovation, creativity,
and economic growth. The organization works to demonstrate the value of IP in encouraging the
development of new technologies, products, and services that benefit individuals and society. By
promoting the protection of intellectual property, WIPO helps ensure that inventors, creators, and
businesses have the incentive to invest in research and development, thus contributing to global
economic development.

7. Advocacy and Policy Development

WIPO is actively involved in shaping global IP policy and law. The organization works to ensure that IP
laws reflect contemporary needs and challenges, such as those posed by the digital economy,
biotechnology, and public health concerns. WIPO advocates for balanced IP systems that protect the
rights of creators while also addressing public access to knowledge, cultural exchange, and equitable
development.

Key initiatives include:

 The WIPO Development Agenda: This agenda seeks to ensure that the intellectual property
system benefits all countries, particularly developing and least-developed nations. It focuses
on ensuring that IP supports economic development, sustainable growth, and the public
interest.

 Public Policy and Global Dialogues: WIPO engages with governments, international
organizations, and stakeholders to facilitate policy discussions and find solutions to emerging
IP challenges, such as the balance between patent protection and access to medicines, and
the implications of the digital environment on copyright.

8. Global Recognition of Intellectual Property Rights

WIPO plays a pivotal role in the recognition and enforcement of intellectual property rights across
borders. The global nature of business and trade means that IP rights often need to be recognized in
multiple jurisdictions. Through international treaties and agreements, WIPO provides a framework
for the cross-border enforcement of IP rights, helping IP owners protect their rights in markets
worldwide.

9. Inclusive and Balanced Approach to IP

A salient feature of WIPO’s work is its commitment to promoting an inclusive, equitable, and
balanced intellectual property system. The organization emphasizes the importance of IP in fostering
development, education, and the free flow of knowledge. WIPO advocates for IP laws that are
accessible to all nations, ensuring that IP protection is not only available to industrialized countries
but also to those in the developing world.

Organizations of WIPO

The main organizations of WIPO can be categorized into governing bodies, executive functions,
committees and divisions, and specialized units that facilitate its various activities.

1.General Assembly
The World Intellectual Property Organization (WIPO) General Assembly is the supreme governing
body of WIPO, responsible for overseeing the organization’s policies, budget, and strategic direction.
It consists of representatives from WIPO’s 193 member states and meets annually in Geneva,
Switzerland, usually in September or October.

Functions of the WIPO General Assembly

1. Policy and Decision-Making

The General Assembly sets WIPO’s overall policies, including strategic initiatives,
international IP treaties, and cooperation with other organizations like the World Trade
Organization (WTO) and the United Nations (UN). It provides direction on emerging issues
such as AI and intellectual property, digital piracy, and global patent harmonization.

2. Approval of Budget and Programs

It reviews and approves WIPO’s biennial budget and work programs, ensuring that resources
are allocated effectively to support IP development, capacity building, and global
enforcement efforts. This includes financing technical assistance programs for developing
countries.

3. Oversight of WIPO Treaties and Agreements

The General Assembly monitors the implementation of major WIPO-administered treaties
such as the Patent Cooperation Treaty (PCT), Madrid Agreement on Trademarks, and Berne
Convention on Copyrights. It discusses necessary amendments and new treaty proposals to
address contemporary IP challenges.

4. Election of Leadership and Committees

The Assembly elects the Director General of WIPO and members of various standing
committees, including the WIPO Coordination Committee, which oversees administrative
matters. It also appoints judges for WIPO’s dispute resolution mechanisms.

5. Dispute Resolution and Arbitration Frameworks

It oversees the WIPO Arbitration and Mediation Center, which handles disputes related to
domain names, trademarks, and patents. The General Assembly discusses improvements in
alternative dispute resolution mechanisms to reduce litigation costs and delays.

6. Global IP Harmonization and Technical Assistance

The Assembly promotes harmonization of IP laws across different jurisdictions, ensuring that
countries adopt standardized IP protection measures. It also facilitates technical assistance
and training for developing countries to strengthen their patent offices, copyright laws, and
enforcement mechanisms.

7. Protection of Traditional Knowledge and Genetic Resources

A key function is to address issues related to traditional knowledge, indigenous rights, and
genetic resources. The Assembly works on frameworks to prevent the unauthorized use of
cultural heritage, folklore, and indigenous medicinal knowledge.

8. Regulation of Emerging Technologies and IP Challenges

The General Assembly discusses the impact of artificial intelligence (AI), blockchain, digital
 copyrights, biotechnology patents, and e-commerce on intellectual property rights. It seeks
to establish new guidelines to balance innovation with ethical concerns.

2. Coordination committee

The WIPO Coordination Committee is a key governing body within the World Intellectual Property
Organization (WIPO) that assists in the administration and coordination of the organization’s
activities. It is composed of 83 member states elected from among the 193 WIPO member states
and plays a crucial role in organizational oversight, strategic planning, and leadership
appointments.

Functions of the WIPO Coordination Committee

1. Election and Appointment of WIPO Leadership

One of its primary functions is to nominate candidates for the position of Director General
of WIPO. The nomination is then submitted to the WIPO General Assembly for final
approval. The committee also appoints Deputy Directors General and Assistant Directors
General, who oversee different areas of WIPO’s work.

2. Administrative and Budgetary Oversight

The committee reviews and recommends WIPO’s program and budget before submission to
the General Assembly. It ensures that financial resources are used efficiently and that WIPO’s
activities align with its strategic goals.

3. Coordination of WIPO’s Governing Bodies

As an intermediary between various WIPO bodies, including the General Assembly,
Conference, and various standing committees, the Coordination Committee ensures smooth
communication and alignment of objectives among different branches.

4. Advisory Role on Policy and Governance

The committee advises on administrative, legal, and strategic matters that impact the
functioning of WIPO. It helps address issues related to intellectual property law
harmonization, treaty implementation, and global IP enforcement mechanisms.

5. Supervision of WIPO Staff Regulations

It oversees the formulation and enforcement of staff policies, ensuring fair employment
practices within WIPO. This includes matters related to hiring, remuneration, ethics, and
dispute resolution among WIPO employees.

6. Review of International IP Agreements

The Coordination Committee provides recommendations on new treaties and amendments
to existing WIPO-administered treaties, such as the Patent Cooperation Treaty (PCT),
Madrid Agreement on Trademarks, and the Berne Convention on Copyrights.

7. Ensuring Technical Assistance and Capacity Building

The committee plays a role in developing programs to support developing countries in
strengthening their intellectual property systems. It ensures that WIPO provides technical
assistance, training programs, and financial support for capacity building.

3. WIPO Conference
The World Intellectual Property Organization (WIPO) Conference refers to various global meetings
and events organized by WIPO to discuss intellectual property (IP) policies, emerging trends, and
international cooperation. These conferences bring together policymakers, legal experts, business
leaders, and academics to address key issues related to patents, trademarks, copyrights, and other
aspects of IP protection.

Functions of the WIPO Conference

1. Policy Development and International Cooperation: WIPO conferences provide a platform

for member states to negotiate treaties, discuss amendments to existing laws, and
collaborate on global IP issues. They help shape international policies on patents,
trademarks, and copyrights.

2. Capacity Building and Knowledge Sharing: WIPO organizes conferences to educate

governments, businesses, and individuals on best practices in IP management. These events
feature expert panels, workshops, and case studies to promote innovation and economic
development.

3. Dispute Resolution and Legal Frameworks: Many WIPO conferences focus on improving IP
dispute resolution mechanisms, such as arbitration and mediation, through the WIPO
Arbitration and Mediation Center. Discussions also include reforms in patent litigation and
digital IP rights.

4. Technology Transfer and Innovation Promotion: WIPO conferences support global

innovation by encouraging technology transfers between countries. They also address
challenges related to artificial intelligence (AI), blockchain, and digital IP management.

5. Harmonization of IP Laws: By bringing together representatives from different countries,

WIPO conferences help align national IP laws with international treaties like the Patent
Cooperation Treaty (PCT) and the Madrid System for Trademarks.

6. Protection of Traditional Knowledge and Cultural Expressions: Some conferences focus on

safeguarding indigenous knowledge, genetic resources, and folklore against unauthorized
exploitation by corporations or foreign entities.

7. Regulation of Emerging IP Challenges: With advancements in AI, biotechnology, and e-

commerce, WIPO conferences explore new challenges in IP protection, such as patenting AI-
generated inventions, IP rights in the metaverse, and copyright issues in digital streaming.

4. secretariat

The WIPO Secretariat is the administrative body responsible for the day-to-day operations of the
World Intellectual Property Organization (WIPO). It is headed by the Director General, who is
elected by WIPO member states, and is supported by Deputy Directors General, Assistant Directors
General, and other senior officials. The Secretariat is composed of professionals and experts who
implement WIPO’s policies, manage its programs, and ensure the efficient functioning of the
organization.

Functions of the WIPO Secretariat

 1. Implementation of WIPO’s Policies and Programs
The Secretariat is responsible for executing the decisions and policies adopted by the WIPO
General Assembly, Coordination Committee, and other governing bodies. It ensures that
WIPO’s strategic goals, treaties, and initiatives are effectively carried out.

2. Administration and Financial Management

The Secretariat manages WIPO’s budget, finances, and human resources, ensuring the
efficient use of funds and compliance with financial regulations. It prepares the biennial
budget and submits reports on WIPO’s financial performance to the General Assembly.

3. Support for International IP Treaties

The Secretariat administers major WIPO treaties, including the Patent Cooperation Treaty
(PCT), Madrid System for Trademarks, Hague System for Industrial Designs, and Berne
Convention for Copyright. It provides technical and legal support for member states in
implementing these treaties.

4. Dispute Resolution and IP Protection Services

Through the WIPO Arbitration and Mediation Center, the Secretariat facilitates alternative
dispute resolution mechanisms, including domain name disputes, trademark conflicts, and
patent arbitration. It also ensures compliance with international IP laws.

5. Capacity Building and Technical Assistance

The Secretariat organizes training programs, workshops, and legal assistance projects to
help developing countries strengthen their intellectual property (IP) systems. It collaborates
with national IP offices, governments, and businesses to enhance IP awareness and
enforcement.

6. Publications and Global IP Awareness

WIPO’s Secretariat publishes guidelines, legal texts, and reports on emerging IP issues, such
as artificial intelligence (AI), biotechnology patents, digital copyright, and IP in the creative
industries. It also maintains WIPO’s online databases, including WIPO Lex and
PATENTSCOPE.

7. Liaison with Governments and International Organizations

The Secretariat represents WIPO in negotiations, conferences, and collaborations with the
United Nations (UN), the World Trade Organization (WTO), the World Health Organization
(WHO), and regional IP offices. It plays a key role in shaping global IP policies and
harmonizing legal frameworks.

4. Committees of WIPO

WIPO has several standing committees and working groups, each of which deals with specific areas
of intellectual property. These committees are composed of member states and provide a platform
for dialogue, discussions, and negotiations on various aspects of IP law and policy.

Key Committees Include:

  Standing Committee on the Law of Patents (SCP): Focuses on the harmonization of patent
law, patentability requirements, and issues related to patent cooperation.

 Standing Committee on Trademarks, Industrial Designs, and Geographical Indications

(SCT): Deals with the protection of trademarks, industrial designs, and geographical
indications, and it provides a forum for discussions on global trademark systems.

 Committee on Development and IP (CDIP): Focuses on issues related to the development

and use of intellectual property, particularly in developing countries. It works to ensure that
IP contributes to economic development.

 Committee on WIPO Standards (CWS): Develops standards related to the administration of

intellectual property, including the use of information technologies and the exchange of IP
data.

 Program and Budget Committee (PBC): Reviews and approves WIPO’s financial resources
and work program, ensuring that the budget aligns with the organization’s objectives.

 Advisory Committee on Enforcement (ACE): Provides advice on the enforcement of IP rights,

focusing on issues such as piracy, counterfeiting, and enforcement challenges in the digital
environment.

5. The WIPO Arbitration and Mediation Center

The WIPO Arbitration and Mediation Center provides alternative dispute resolution (ADR) services
to resolve intellectual property disputes outside of the courts. It is a specialized division within WIPO
that offers services such as arbitration, mediation, and expert determination for resolving conflicts
related to patents, trademarks, copyrights, and other IP issues.

Key Functions:

 Provides mediation and arbitration services for IP disputes.

 Resolves domain name disputes under the Uniform Domain Name Dispute Resolution
Policy (UDRP).

 Offers expert determination for matters such as technology licensing, patent validity, and
valuation.

6. The WIPO Academy

The WIPO Academy is responsible for offering education and training programs related to
intellectual property. It provides a wide range of courses, workshops, and certifications to increase
global understanding of IP. The Academy offers training for government officials, IP professionals, and
students, and it plays a key role in building capacity in developing countries.

Key Functions:

 Provides distance learning programs on various aspects of IP law and practice.

 Organizes seminars, workshops, and conferences to raise awareness about IP.

 Supports the establishment of national IP education programs.

7. The International Bureau

The International Bureau serves as the Secretariat for WIPO’s governing bodies, and it is responsible
for the day-to-day operations of the organization. It is made up of various departments and divisions
that oversee specific aspects of WIPO's activities, including legal and technical services, capacity
building, and international cooperation.

Key Functions:

 Administers WIPO’s international registration systems, including those for patents,

trademarks, and industrial designs.

 Supports member states in implementing and improving their national IP systems.

 Provides legal, technical, and administrative support for IP policy development.

8. The WIPO External Offices

WIPO has a network of external offices around the world to facilitate outreach, cooperation, and
collaboration with member states and stakeholders. These offices help to address the diverse needs
of the global IP community by providing localized support and services.

Key WIPO External Offices:

 Regional Offices: Located in regions such as Asia (Singapore), Latin America (Rio de Janeiro),
and Africa (Arusha).

 Sub-regional and National Offices: These offices provide direct support to specific countries
or regions, helping to build IP infrastructure and policy.

9. WIPO’s Specialized Divisions and Units

WIPO also has specialized divisions and units that focus on specific issues related to intellectual
property, including:

 Global IP Systems Division: Administers WIPO’s global IP registration systems, such as the
Patent Cooperation Treaty (PCT), the Madrid System for trademarks, and the Hague System
for industrial designs.

 Development Sector: Focuses on how IP can be used to foster economic growth, especially
in developing and least-developed countries.

 IP and Global Challenges Division: Addresses emerging global challenges related to IP, such
as those arising from biotechnology, digital technology, and public health.

Principle of national treatment

• The Principle of National Treatment is a foundational concept in the Paris Convention for the
Protection of Industrial Property (1883).This principle ensures that foreign nationals from
contracting states enjoy the same rights and protections for their industrial property as the nationals
of the country where protection is sought.
• Equal Rights: Article 2 of the Paris Convention mandates that nationals of one contracting state
(or those domiciled or having a real industrial/commercial establishment in a contracting state)
must receive the same level of protection for their industrial property rights as nationals of the
country in which protection is sought.
• No Discrimination: There should be no additional legal or procedural hurdles imposed on foreign
nationals that are not imposed on domestic nationals.
• Key Features of National Treatment under the Paris Convention

3. Extension to Non-Members: The principle also applies to nationals of non-contracting states

if they are domiciled in or have a real and effective industrial or commercial establishment
in a contracting state.

4. Flexibility for Domestic Laws: While the principle mandates equal treatment, it allows
countries to maintain their domestic laws concerning the procedural aspects of granting
protection, as long as the treatment remains non-discriminatory.
• The Paris Convention permits some exceptions to national treatment. For instance, countries can
impose specific conditions for obtaining compulsory licenses for patents or for working
trademarks.
• The level of protection ultimately depends on the domestic laws of each country, which can vary
widely, leading to differences in enforcement.
• Some contracting states may fail to fully comply with the spirit of national treatment due to gaps
in enforcement or procedural biases.
• Global Standardization: By ensuring equal treatment, the principle lays the foundation for
harmonized protection of industrial property across jurisdictions.
• Encouragement of Innovation and Trade: The principle fosters a conducive environment for
creators and businesses to expand their operations globally without fear of discrimination.
• Facilitation of International Cooperation: It strengthens trust among contracting states,
encouraging greater participation in the global intellectual property system.

Convention countries
• The term "Convention Countries" refers to countries that are signatories to specific international
agreements or conventions aimed at standardizing and protecting intellectual property rights
(IPRs).
• These agreements establish common principles, procedures, and protections across member nations
to facilitate the registration and enforcement of IPRs globally.
• Key Features for Convention Countries under Paris convention:
 1. National Treatment: All member countries must provide the same protection to nationals
of other convention countries as they provide to their own nationals.
1. Right of Priority: Applicants can claim a priority period (12 months for patents and 6
months for trademarks and designs) after filing in one member country to file in others
without losing the filing date.
2. Common Rules: Member countries must adhere to shared principles regarding patents,
trademarks, and other industrial property rights.
• Benefits of Being a Convention Country

1. Global Recognition: IPRs protected in one convention country are recognized and protected
in others, fostering cross-border trade and investment.

2. Ease of Enforcement: Standardized rules make it easier for rights holders to enforce their
intellectual property in multiple jurisdictions.

4. Access to International Systems: Convention countries can benefit from international

systems like the Patent Cooperation Treaty (PCT) for patents and the Madrid System for
trademarks, which streamline filing procedures across multiple countries.