Introduction to the World Intellectual Property ... · Introduction to the World Intellectual...
Transcript of Introduction to the World Intellectual Property ... · Introduction to the World Intellectual...
Introduction to the World Intellectual Property Organization (WIPO) and its Activities
February 28, 2017
Martha Chikowore
Training Officer, WIPO Academy
WIPO, a global forum for
intellectual property services,
policy, information and
cooperation
Outline
Introduction
WIPO History
Treaties administered by WIPO
Fields of IP with examples
WIPO Training Programs
Conclusion
Introduction: WIPO
WIPO’s mission is to lead the development of a balanced and
effective international intellectual property (IP) system that
enables innovation and creativity for the benefit of all. WIPO’s
mandate, governing bodies and procedures are set out in the
WIPO Convention, which established WIPO in 1967.
http://www.wipo.int/about-wipo/en/
List of 17 Specialized Agencies of the UN:
http://www.un.org/Overview/uninbrief/institutions.shtml
IOM – September 2016 – Agreement signed by UN Sec.Gen.
The World Intellectual Property Organization
(WIPO): A Brief History
1883 marked the birth of the Paris Convention for the Protection of Industrial Property
1886 Berne Convention for the Protection of Literary and Artistic Works
1893: The United International Bureaux for the Protection of Intellectual Property (BIRPI) was set up in to administer the Paris Convention and Berne Convention.
1967: The Convention Establishing the World Intellectual Property Organization (WIPO) was signed. WIPO replaced the BIRPI
1974: WIPO became a specialized agency of the United Nations with a mandate to administer IP matters
1995/6: Cooperation Agreement with World Trade Organization (WTO) (TRIPS Agreement)
Milestones : 1883 to 2017
Paris Convention 1884 with 14 MS 1883
1886
1891
1893
1925
1960
1967
1970
1989
2002
Berne Convention
Madrid Agreement
BIRPI
Hague Agreement
BIRPI moves to Geneva
WIPO Convention
WIPO established – 26 May
PCT
Madrid Protocol
Internet Treaties
2009
STLT
UN Agency
1974
http://www.wipo.int/about-wipo/en/
WIPO IP Handbook ch. 1 pages 3 to 12
2012 -17
1995 TRIPS
Treaties Administered by WIPO (26 including
WIPO Convention – as at February 2017) http://www.wipo.int/treaties/en/
IP Protection Global Protection
System
Classification
•Beijing Treaty on
Audiovisual
Performances
•Berne Convention
•Brussels Convention
•Madrid Agreement
(Indications of Source)
•Marrakesh Treaty (VIP)
•Nairobi Treaty
•Paris Convention
•Patent Law Treaty
•Phonograms Convention
•Rome Convention
•Singapore Treaty on the
Law of Trademarks
•Trademark Law Treaty
•Washington Treaty
•WCT
•WPPT
•Budapest Treaty (P)
•Hague Agreement
•Lisbon Agreement
•Madrid Agreement
(Marks)
•Madrid Protocol
•PCT
•Nice Agreement (Marks)
•Strasbourg
Agreement(Patents)
•Locarno Agreement
(Designs)
•Vienna Agreement
(figurative elements of
marks)
Status: An int’l intergovernmental organization
Member States: 189 and 350 Observers
Staff approx.: 1238 from 116 countries
Treaties Administered: 26
Decisions by: GA, CC, WIPO Conference (see
WIPO Convention art. 6, 7 & 8)
To lead the development of a balanced and
effective international intellectual property
(IP) system that enables innovation and
creativity for the benefit of all.
WIPO’s Mission:
Basic Facts about WIPO (as at February 2017)
http://www.wipo.int/members/en/
http://www.wipo.int/about-wipo/en/history.html
Intellectual Property Tools WIPO IP Handbook ch. 2, p. 17 – 136
International IP in an Integrated World Economy ch. 1, p. 7 - 12
Time Limited
Territorial
Exclusive
Industrial
Property
-patents
- trademarks
- industrial
designs
- geographical
indications
-Trade secrets
Copyright &
Related Rights
- literary, artistic,
musical works
- actors, music
distributors, etc.
Duration of IP Rights
Patents (20 years)
Designs (from 10 to 50 years according to the
country concerned)
Trademarks (10 years but can be indefinitely
renewed)
GI’s (as long as it is protected as such in the country
of origin)
How we make Intellectual Property work
http://www.wipo.int/about-wipo/en/ : Vıdeo
We help
governments, businesses and
individuals
make intellectual property work
for
innovation and creativity
What we do?
Make IP laws Make IP work
for
development
Improve
access to the
IP system
Make it easy to
protect IP assets
Support
policymakers
Paris Convention the protection of industrial
property
(patents, utility models, industrial designs, marks,
trade names, appellations of origin and repression of
unfair competition)
March 20, 1883
revised in 1990, 1911,
1925, 1934, 1958, 1967
amended in 1979
Members: 176 (as at Feb. 2017)
http://www.wipo.int/treaties/en/ShowResults.jsp?lang=e
n&treaty_id=2
GLOBAL SERVICES FOR PROTECTING IP
Whether you are a multinational business or an individual,
WIPO services provide you with a fast, efficient and cost-
effective route for protecting your inventions, trademarks or
designs across borders.
PCT – The International Patent System
Madrid – The International Trademark System
Hague - The International Design System
Lisbon – Protection for appellation of Origin
Arbitration and Mediation - Our fast, flexible and cost-
effective services for settling IP and technology disputes
outside the courts
=PCT
Albania
Algeria
Angola
Antigua and Barbuda
Armenia
Australia
Austria
Azerbaijan
Bahrain
Barbados
Belarus
Belgium
Belize
Benin
Bosnia and Herzegovina
Botswana
Brazil
Brunei Darussalam
Bulgaria
Burkina Faso
Cambodia – December 8, 2016
Cameroon
Canada
Central African Republic
Chad
Chile
China
Colombia
Comoros
Congo
Costa Rica
Côte d'Ivoire
Croatia
Cuba
Cyprus
Czech Republic
Democratic People's
Republic of Korea
Denmark
Dominica
Dominican Republic
Djibouti – June 23, 2016
Ecuador
Egypt
El Salvador
Equatorial Guinea
Estonia
Finland
France,
Gabon
Gambia
Georgia
Germany
Ghana
Greece
Grenada
Guatemala
Guinea
Guinea-Bissau
Honduras
Hungary
Iceland
India
Indonesia
Iran (Islamic Republic of)
Ireland
Israel
Italy
Japan
Kazakhstan
Kenya
Kuwait – June 9, 2016
Kyrgyzstan
Lao People’s Dem Rep.
Latvia
Lesotho
Liberia
Libyan Arab Jamahiriya
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malawi
Malaysia
Mali
Malta
Mauritania
Mexico
Monaco
Mongolia
Montenegro
Morocco
Mozambique
Namibia
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
Norway
Oman
Panama
Papua New Guinea
Peru
Philippines
Poland
Portugal
Qatar
Republic of Korea
Republic of Moldova
Romania
Rwanda
Russian Federation
Saint Lucia
Saint Vincent and
the Grenadines
San Marino
Sao Tomé e Principe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Singapore
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sudan
Swaziland
St. Kitts and Nevis
Sweden
Switzerland
Syrian Arab Republic
Tajikistan
Thailand
The former Yugoslav
Republic of Macedonia
Togo
Trinidad and Tobago
Tunisia
Turkey
Turkmenistan
Uganda
Ukraine
United Arab Emirates
United Kingdom
United Republic of Tanzania
United States of America
Uzbekistan
Viet Nam
Zambia
Zimbabwe
151 PCT States (as at Feb. 2017)
Patent: Example: 317 utility and design patents in the
USA – Steve Jobs - Protect Technologies Co-founder, Chairman, and CEO of Apple Inc.
98 members* (including EU and OAPI)
covering 114 countries (as at Feb, 2017)
114 Countries: 98 Members of the Madrid System
*All are party to the Protocol, the governing
treaty, while 55 are also party to the Agreement
Trademarks examples
Hague Union: http://www.wipo.int/hague/en/
51 Geneva Act (1999) (including EU and OAPI)
15 Hague Act (1960)
66 Contracting Parties (as at Feb. 2017)
Design drives consumers’
choices: two & three dimensional designs
Five multilateral treaties applicable to GIs:
WIPO: Paris Convention for the Protection of Industrial Property(1883)
Madrid Agreement on the Repression of False or Deceptive Indications of Source on Goods (1891)
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (1958)
Madrid Agreement and Protocol for the international registration of marks (1891 and 1989)
WTO: TRIPS Agreement (1994)
International Legal Framework: Geographical
Indications
Lisbon Agreement:
Tequila (Mexico) became the country’s first
appellation of origin (AO) in 1974, and in
1978 it was internationally registered for
protection under the Lisbon Agreement for
the Protection of Appellations of Origin and
their International Registration
'Swiss', 'Swiss Quality', "Made in Switzerland',
'Swiss-made' or other designations which contain
the Swiss name as well as its translation in other
languages (can only be used exclusively for
products manufactured in Switzerland and services
from Switzerland)
Geneva Act of the Lisbon Agreement:
May 20, 2015: Negotiators approved a revision of an
international registration system providing protection for
names that identify the geographic origin of products
such as coffee, tea, fruits, wine, pottery, glass and
cloth.
permits the accession to the Lisbon Agreement by
certain intergovernmental organizations.
Geneva Act of the Lisbon Agreement further develops
the legal framework of the Lisbon System,
Other changes affect fee provisions, scope of
protection, protection against becoming generic, and
safeguards for respect of prior trademark rights.
Lisbon Union: 28 Member States
Africa (6)
Algeria
Burkina Faso
Congo
Gabon
Togo
Tunisia
Asia (3)
Islamic Rep. of Iran
Israel
DPR of Korea
America (6)
Costa Rica
Cuba
Haiti
Mexico
Nicaragua
Peru
Europe (13)
Bosnia and Herzegovina
Bulgaria
Czech Rep.
France
Georgia
Hungary
Italy
Moldova
Montenegro
Portugal
Serbia
Slovakia
The FYR of Macedonia
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Example of a product using two or more IPRs
Patent (process) protection in 1909 (Theodor Tobler)
Trademark protection: combination of words, colours, and
images; 3-dimensional – 1909 – patent was filled in Bern;
then 3-D trademark under Madrid System in 1994
One of the figurative (picture or drawing) elements, the
Cervin/Matterhorn in Zermatt, is considered as a figurative
GI (at least under Swiss law and practice)
http://www.toblerone.com/toblerone1/page?siteid=toblerone1-
prd&locale=usen1&PagecRef=586
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WIPO Arbitration and Mediation Center
Facilitates the resolution of commercial disputes between private
parties involving IP and technology, through procedures other
than court litigation (alternative dispute resolution: ADR)
Offices in Geneva and Singapore
Users around the world
ADR of IP disputes benefits from a specialized ADR provider
WIPO mediators, arbitrators and experts experienced in IP and technology - able to deliver informed results efficiently
Competitive WIPO fees
International neutrality
Services include mediation, (expedited) arbitration, expert determination, and domain name dispute resolution
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International Rules for Changing the World
Standing Committee on Patents (SCP): http://www.wipo.int/meetings/en/details.jsp?meeting_id=32102
Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT): http://www.wipo.int/edocs/mdocs/sct/en/sct_33/sct_33_1_prov.pdf
Standing Standing Committee on Copyright and Related Rights (SCCR) http://www.wipo.int/policy/en/sccr/
Committee on WIPO Standards (CWS): http://www.wipo.int/cws/en/ and http://www.wipo.int/standards/en/
Copyright and Related Rights Treaties
Berne Convention (1886)
Rome Convention (1961)
Phonograms Convention (1971)
Satellites Convention (1974)
TRIPS Agreement (1994)
WCT (1996)
WPPT (1996)
Beijing Treaty on Audiovisual Performances (June
2012) http://www.wipo.int/dc2012/en/
Marrakesh Treaty to Facilitate Access to Published
Works for Persons who are Blind, Visually Impaired,
or otherwise Print Disabled
http://wipo.int/meetings/en/doc_details.jsp?doc_
id=241683 (June 2013)
Member State Activity – New WIPO Copyright
Treaties
Beijing Treaty on Audiovisual Performances (2012):
- Status: Not yet in force
- Number of signatures: 74 (as at Feb. 2017)
- Number of ratifications: 15 out of 30
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (2013):
- Status: Not yet in force
- Number of signatures: 80 (as at Feb. 2017)
- Number of ratifications: 26 (20) (entered into force
September 30, 2016) (Botswana & Sri Lanka in force Jan. 5
and Liberia Jan. 6, 2017)
Global Issues
Emphasis: The positive relationship between
innovation & IP
Main focus: http://www.wipo.int/globalchallenges/en/
• Climate Change
• Public Health
• Food Security
Practical solutions to leverage innovation:
• WIPO Green: https://www3.wipo.int/green/
• WIPO Re:Search – Neglected tropical
diseases: http://www.wipo.int/research/en/
Traditional knowledge is valuable and important
TK would be recognized as a form of “intellectual
property” – i.e., as comprising creations and innovations
of the human mind
The protection of TK provided by a special system or
mechanisms based on the kinds of measures,
principles and values that comprise the system
established for the protection of intangibles (the intellectual
property system)
Examples of TK and possible ways of protection
IP and Traditional Knowledge: What are
some of the issues?
Proposed
responses/solutions include:
databases/information systems, patent examination guidelines, and/or mandatory disclosure requirements, and/or managing patent/IP rights through contract (IP clauses in mutually-agreed terms)
Consolidated
text
Updated guidelines for IP
clauses in ABS
agreements
Database of examples of IP
clauses in ABS
agreements
http://www.wipo.int/meetings/en/details.jsp?meeting_id=42298 – 33rd
sessıon - February 27 to March 3, 2017 (traditional cultural expressions)
Turmeric has been used for over 2500 years in India.
Norm-setting: the WIPO Intergovernmental Committee
on Intellectual Property and Genetic Resources,
Traditional Knowledge and Folklore (the IGC)
Technical assistance and capacity-building: for
States, communities, research institutions and
museums, archives
http://www.wipo.int/tk/en/
WIPO’s Activities on Traditional Knowledge,
GRs and Traditional Cultural Expressions
39
Cooperation for Development: Facilitate the use
of IP for development
National IP strategies that support national
development goals
Advice to MS to develop tailored and balanced IP
legislative, regulatory and policy frameworks
Enhanced infrastructure/business systems for IP
offices and other institutions; enhanced access to, and
use of, IP information and knowledge to promote
innovation and creativity
Enhanced IP-related skills for the effective use of IP for
development and WIPO Academy training programs
Objectives: WIPO Academy
Enhance IP knowledge and skills of participants from WIPO
Member States;
Update participants on new emerging IP issues under
debate at international level;
Provide IP knowledge that would promote the use of IP for
innovation and creativity for the benefit of all; and
Offer participants the opportunity to share experiences and
opportunities among themselves and with IP experts.
40
How we do it?
Distance Learning
(DL)
Professional
Development
(PDP)
Academic
Institutions (AIP)
- Summer Schools
- Start-up Academies
http://www.wipo.int/academy/en
43
Professional Development Program
Training in partnership with IP offices of WIPO Member States
In 2016 training courses are organized in cooperation with national IP
offices of: Algeria, Austria, China, Costa Rica, Egypt, France, India,
Israel, Kenya, Morocco, Norway, Peru, Saint Lucia, Spain, Sweden,
Switzerland, Peru, the United Kingdom and United States of America.
The PDP offers:
- General courses / Intermediate
- Advanced level courses
- Specialized courses
- Main Features:
DL as a prerequisite
Theoretical and Practical training in a partner IP office
WIPO-WTO Advanced Course for Government Officials – every March.
http://www.wipo.int/academy/en/courses/professional_training/
How we do it?
Distance Learning
(DL)
Professional
Development
(PDP)
Academic
Institutions (AIP)
- Summer Schools
- Start-up Academies
Anytime, Anywhere IP
teaching on theoretical,
practical, and
Development Oriented
perspectives
Arabic, Chinese,
English, French,
Portuguese,
Russian, Spanish
(+++)
WIPO Distance Learning Program
Distance Learning Program
DL-001 Primer on
Intellectual Property
DL-101 General Course
on Intellectual Property
PCT Distance Learning
Course Introduction to the
Patent Cooperation Treaty
General Courses
New Pilot Courses Economics of IP and Innovation
IP and Public Health
IP and Traditional Knowledge
DL-201 Copyright and Related Rights
DL-202 Electronic Commerce and IP
DL-204 Biotechnology and Intellectual Property
DL-401 Managing Intellectual Property
in the Book Publishing Industry
DL-450 Intellectual Property
Management
DL-301 Patents
DL-302 Trademarks, Industrial Designs
and Geographical Indications
DL-317 Arbitration and Mediation
Procedure under the WIPO Rules
DL-318 Patent Information Search
DL-320 Basics of Patent Drafting
Advanced Courses
Customized Projects
How we do it?
Distance Learning
(DL)
Professional
Development
(PDP)
Academic
Institutions (AIP)
- Summer Schools
- Start-up Academies
Academic Institutions Program (AIP)
AIP: Joint Master Programs
1. LL.M. in IP WIPO-University of Turin and ITC-ILO
2. MIP WIPO-Africa University and ARIPO
3. LL.M. in IP WIPO-Queensland University of Technology
4. MIP jointly WIPO-OAPI and the University of Yaoundé II
5. MIP WIPO-Seoul National University
6. LL.M. WIPO-Ankara University and Turkish Patent Institute (Patent Law and Design Law) *NEW - 2016* http://www.wipo.int/academy/en/news/2017/news_0003.html
7. LL.M. in IP and Design with Tongji University, China*NEW - 2017*
Other Joint Master Programs:
University of Indonesia and Universitas Padjadjaran – Indonesia (National)
Other Academic Programs:
WIPO-WTO Colloquium for Teachers of Intellectual Property
WIPO-WTO Colloquium on IP for Teachers and Researchers in Asia
Study Visits for Graduate Students and Government Officials
Internships in WIPO and other Institutions: http://www.wipo.int/jobs/en/
49
50
AIP: Cooperation betwn WIPO and WTO Follow up – 2015 WIPO-WTO Colloquium for Teachers of IP
http://www.wipo.int/academy/en/
50
AIP: WIPO Summer Schools
Summer School Programs: 10 each year
Common curriculum, format and duration except two
specialized Summer Schools
WIPO - South Africa Summer School on Transfer of
Technology
WIPO - United States of America changes every year
Participants:
Graduate and post-graduate students and young professionals
Main Features:
Distance Learning as a prerequisite
Face-to-Face
51
# Name Session Venue Registration Course Language
1 WIPO - Chile Summer School on
IP WSSCL16 Santiago, Chile
24-Nov-2015 to 05-
Jan-2016
25-Jan-2016 to 05-
Feb-2016 Spanish
2 WIPO - India Summer School on
IP WSSIN16 New Delhi, India
19-Jan-2016 to 25-
Apr-2016
25-Apr-2016 to 06-
May-2016 English
3 WIPO - Mexico Summer School
on IP WSSMX16
Mexico City,
Mexico
19-Jan-2016 to 30-
May-2016
30-May-2016 to 10-
Jun-2016 Spanish
4 WIPO - Croatia Summer School
on IP WSSHR16 Zagreb, Croatia
04-Mar-2016 to 10-
Jun-2016
30-May-2016 to 10-
Jun-2016 English
5 WIPO - UNIGE Summer School on
IP WSSCH16
Geneva,
Switzerland
19-Jan-2016 to 30-
May-2016
27-Jun-2016 to 08-
Jul-2016 English
6 WIPO - Russia Summer School
on IP WSSRU16
Kazan, Russian
Federation
30-Mar-2016 to 20-
Jul-2016
04-Jul-2016 to 15-
Jul-2016 Russian
7 WIPO - Korea Summer School on
IP WSSKR16 Daejeon, Korea
11-Mar-2016 to 30-
Jun-2016
11-Jul-2016 to 22-
Jul-2016 English
8
WIPO-USA Summer School on
Designs and the Interface with
Other IPRs (Patents, Trademarks,
and Copyright)
WSSUS16
Washington D.C.,
United States of
America
16-Mar-2016 to 20-
May-2016
01-Aug-2016 to 12-
Aug-2016 English
9 WIPO - China Summer School on
IP WSSCN16 Beijing, China
30-Mar-2016 to 15-
Jul-2016
10-Oct-2016 to 21-
Oct-2016 English
10
WIPO - South Africa Summer
School on IP and Transfer of
Technology
WSSZA16 Cape Town, South
Africa
31-Mar-2016 to 30-
Sep-2016
05-Dec-2016 to 15-
Dec-2016 English
AIP: WIPO Summer School 2016
Self-sustainable
training centers
Training of trainers
IP material
Curricula development
Training of Directors
Library Establishment
AIP: National IP Academies: Rec. 10 of the WIPO
Development Agenda
IP Academies
Established in 5 countries
8 are in progress
expressions of interest
were received from 13
countries for establishing
new national academies
WIPO IP ACADEMIES
ESTABLISHED
IN
PROGRESS
EXPRESSIONS OF
INTEREST
Colombia Azerbaijan Albania
Dominican
Republic Cambodia Bangladesh
Egypt Costa Rica Djibouti
Peru Ecuador Honduras
Tunisia El Salvador Iran
Ethiopia Jordan
Georgia Kenya
Turkey Kyrgyz Republic
Nicaragua
Nigeria
Trinidad and Tobago
Ukraine
United Arab Emirates
54
Professional Development Program Distance Learning
Fellowships – Academic Institutions
WIPO Academy Coverage 55
94%
4%
2%
Member States
Global Services
Other
Budget 2016-2017:
CHF 707 million
WIPO Sources of Income
WIPO and Its Activities
http://www.wipo.int/portal/en/index.html
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