Beruflich Dokumente
Kultur Dokumente
Project topic:
Role of wipo in development of
intellectual property
Submitted By
Syed Fazl Askari
Roll no. 1444
4 Year, 7 Semester, B.B.A.LLB(Hons.)
TH th
Submitted to
DR. Subhash Chandra Roy
Faculty of Intellectual Property Rights
I have taken efforts in this project. However, it would not have been possible without the kind
support and help of many individuals and therefore I would like to extend my sincere thanks to all
of them.
First of all, I would like to express my special thanks of gratitude to my teacher Dr. Subhash
Chandra Roy who gave me the golden opportunity to do this wonderful project on the topic Role
of WIPO in development of Intellectual Property, which also helped me in doing a lot of Research
and I came to know about so many new things I am really thankful to them.
I acknowledge my friends who gave their valuable and meticulous advice which was very useful
and could not be ignored in writing the project.
I would also like to express my gratitude towards my parents for their kind co-operation and
encouragement which always help me in becoming productive.
WIPO has succeeded to the United International Bureau for the Protection of
Intellectual Property. United International Bureau for the Protection of Intellectual
Property that preceded WIPO was set up in 1893 to administer the “Berne
Convention” for the protection of literary and artistic works, 1886 and “Paris
Convention for the protection of industrial property, 1883”. At present WIPO
administers 24 international treaties relating to intellectual property.2 WIPO’s
predecessors were the International Bureaus of the Berne and Paris Unions,
supervised by the Swiss Federal Council and united in an Organisation called Bureau
Internationaux Reunis pour la protection de la Propriete Intellectuelle, known as
BIRPI.3 The World Intellectual Property Organization (WIPO) is one of the 17
specialized agencies of the United Nations. WIPO was created in 1967 “to encourage
creative activity, to promote the protection of intellectual property throughout the
world.4 WIPO currently has 185-member states,5 administers 24 international
1 Meenu Paul, Intellectual Property Laws, (1st Edition, Allahabad Law Agency, Delhi, 2009), p.6.
2 Jayantha Lahiri, Lecturers on Intellectual Property Laws, (1st Edition, R.Chambray and Co Private Limited,
Kolkata, 2009), p.1.
3 Mashal. A. Leafter (Ed); International Treaties on Intellectual Propert y, (2nd Edition, Washington D.C,
1997), p.561.
4 Convention Establishing the World Intellectual Property Organization,
For promoting creative intellectual activity and for facilitating the transfer of
technology related to industrial property to the developing countries in order to
accelerate economic, social and cultural development, subject to the competence and
responsibilities of the United Nations and its organs, particularly the United Nations
Conference on Trade and Development, the United Nations Development
The WIPO Convention marked a transition for WIPO from the mandate it inherited
in 1967 from BIRPI, to promote the protection of intellectual property, to one that
involved the more complex task of promoting technology transfer and economic
development.9 Unlike other branches of the United Nations, WIPO has significant
financial resources independent of the contributions from its Member States.
In October 2004, WIPO agreed to adopt a proposal offered by Argentina and Brazil,
the “Proposal for the Establishment of a Development Agenda for WIPO” from the
Geneva Declaration on the Future of the World Intellectual Property Organization. 10
This proposal was well supported by developing countries. A number of civil society
bodies have been working on a draft access to knowledge (A2K)11 Treaty which they
would like to see introduced.
The predecessor to WIPO was the BIRPI (Bureaux Internationaux Reunis pour la
Protection de la Propriete Intellectuelle, French acronym for United International
Bureaux for the Protection of Intellectual Property), which had been established in
1893 to administer the Berne Convention for the Protection of Literary and Artistic
Works and the Paris Convention for the Protection of Industrial Property. WIPO was
formally created by the Convention Establishing the World Intellectual Property
Organization, which entered into force on April 26, 1970. Under Article 3 of this
Convention, WIPO seeks to “promote the protection of intellectual property
throughout the world,” WIPO became a specialized agency of the UN in 1974. The
Agreement between the United Nations and the World Intellectual Property
Organization notes in Article 1 that WIPO is responsible. 12 For promoting creative
intellectual activity and for facilitating the transfer of technology related to industrial
property to the developing countries in order to accelerate economic, social and
cultural development, subject to the competence and responsibilities of the United
Nations and its organs, particularly the United Nations Conference on Trade and
Development, the United Nations Development Programme and the United Nations
Industrial Development Organization, as well as of the United Nations Educational
Scientific and Cultural Organization and of other agencies within the United Nations
system.
The WIPO Convention marked a transition for WIPO from the mandate it inherited
in 1967 from BIRPI, to promote the protection of intellectual property, to one that
involved the more complex task of promoting technology transfer and economic
12 Supra Note 8.
development.13 Unlike other branches of the United Nations, WIPO has significant
financial resources independent of the contributions from its Member States.
In October 2004, WIPO agreed to adopt a proposal offered by Argentina and Brazil,
the “Proposal for the Establishment of a Development Agenda for WIPO” from the
Geneva Declaration on the Future of the World Intellectual Property
Organization10. This proposal was well supported by developing countries. A
number of civil society bodies have been working on a draft access to knowledge
(A2K)14 Treaty which they would like to see introduced.
13 Supra Note 5.
14 Supra Note 11.
15 United Nations Year Book, World Intellectual Property Organization, Chapter XV, (1996), p.1433.
the WIPO arbitration centre to facilitate the settlement of intellectual property
dispute between private parties. WIPO’s work complements the International Legal
and Policy Framework defined by the Convention on Biological Diversity, and its
Nagoya Protocol on the International Treaty of Genetic Resources.
STRUCTURE OF WIPO
Conference
It consists of the state party to the Convention, whether or not they are members of
any of the union.
Coordination Committee
It consists of the state party to the Convention which are members of Executive
Committee of the Paris Union, or of the both;16 and
International Bureau
The International Bureau is a WIPO’s third governing body. The international
Bureau, as WIPO’s “Secretariat”. It as prepares the meetings of the various bodies
of WIPO and the Unions mainly through the provision of reports and working
documents. It organizes the meetings and sees that the decisions are communicated
to all concerned and, as far as possible, that they are carried out.17 A special unit
looks after the concerns of the least-developed countries, which require special
attention and assistance to that they too can reap the benefits of intellectual property.
It is the Secretariat of the Organization. It shall be directed by the Director General,
assisted by two or more Deputy Director General. The Director General is the Chief
Executive of the WIPO and he is appointed for a fixed term which is not less than
16 Sharma S.S, “Role of WIPO in Protecting Interest of Developing Countries”, IJLS, Vol. XX, p.185.
17 G. B. Reddy, Intellectual Property Right and the Law, (1st Edition, Gogia Law Publication, 2000), p.51.
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.18
18 Feffrey E.Garten, “Intellectual Property New Answer to New Problem”, Business Week, April 12, (1998), pp 28-
29, at 4.
19 Europa World Year Book, (43rd Edition, Vol 1, Part International Organization, Europa Publication,
2000).
20 K. Parameswaran (Eds.,), A Half Yearly Review, The Academy Law Review, The Kerala Law 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 manages and other target groups. Its activities include:
23 N. R. Subbaram, Hand Book of Indian Patent Law and Practice, (N. R. Subbaram & S.Viswanathan Printers
and Publishers Pvt Ltd, 1998), p.251.
24 The Europa World Year Report, UN Specialized of WIPO, Vol 1, (2002), p.116.
attention of the administrative bodies of WIPO at their sixth series of meetings in
September 1975. The Assembly dealt, in part, with areas concern of direst interest
to WIPO, including international trade, industrialization, science, and technology,
and co-operation among developing countries.25 In January 2001, WIPO launched
WIPONET, a global digital network of intellectual property information capable of
transmitting confidential data. The organization is also implementing the Intellectual
Property Digital Libraries Database project and maintains the WIPO Collection of
Laws for Electronic Access (CLEA) Multi-lingual database.
In 2001, 1,506 cases concerning disputes over generic top-level domains are field
with the centre. WIPO’s first internet Domain Name Process, a Series of
international consultations, undertaken in 1999, issued several recommendations for
controlling the abuse of trademarks on the internet. Traditional knowledge (TK)
refers to the body of knowledge that is the result of intellectual activity and insight
in a traditional context. This includes the know-how, skills, innovations, practices
and learning that form part of traditional knowledge systems, and knowledge that is
embodied in the traditional lifestyle of a community or people or is contained in
codified knowledge systems passed between generations. It is not limited to any
specific technical field, and may include agricultural, environmental and medicinal
knowledge, and knowledge associated with Genetic Resources.
The above agreements, both for the protection of industrial property and copyright,
fall under the jurisdiction of the World Intellectual Property Organization (WIPO).26
In other words, WIPO facilitates international agreements regulating intellectual
property.27 WIPO was created in 1967, came into force in 1970, and was made a
specialized agency of the United Nations in December 1974. WIPO pursues the
following objectives:
26 Benko, Robert. P “Protecting Intellectual Property Right” Washington, D.C: American Enterprise Institute for
Public Policy Research, (1987), p.40.
27 Berenbeim, Ronald. E “Safeguarding Intellectual Property” New York, Conference Board, (1989).
28 Richard. K "Protection of Intellectual Property Right, In Intellectual Property Right in Science, Technology, and
Science, Technology, and Economic Performance”, Edited by F.W. Rush ing and CG. Brown, Boulder, CO: Westview
Press, (1990), pp 17-30.
The former is administered by the European Union Offices in Brussels, and the latter
by the United Nations Educational, Scientific, and Cultural Organization
(UNESCO). The developing countries would like WIPO to continue playing the key
role. According to them, WIPO should be equipped with enforcement powers and
thus made more effective.30
30Subramanian, Arvind. "The International Economics of Intellectual Property Right Protection: A Welfare -Theoretic
Trade Policy Analysis." World Development 19, No. 8 (1991), pp 945-956.
PROTECTING TRADITIONAL KNOWLEDGE IN DEVELOPING AREA OF
INTELLECTUAL PROPERTY LAW
31 G. Dutfield, “Intellectual Property Right, Trade and Biodiversity”, (Earth Scan Publications Ltd); M. Khor,
“Intellectual Property, Biodiversity and Sustainable Development”, Third World Network, (2002).
32 Jane Anderson, “Indigenous Traditional knowledge Intellectual Property”, Duke University School of Law, Center
34 Declaration of Belem, Brazil, July 1988; Kari-Oca Declaration and Indigenous People Earth Charter, Brazil, May
1992 (reaffirmed in Indonesia, June 2002).
35 Brian Noble, Justice, Transaction, Translation, Blackfoot Tipi Transfers and WIPO’s Search for the Facts of
Intellectual Property and Genetic Resources, Traditional Knowledg e and Folklore Illustrate the Extent of Opinions
and Perspectives on this Issue, and also the Lack of Consensus about Direction and Remedy, Available at
http://www.wipo.int/meetings/en/topic.jsp?group_id=110, last visited on 29.08.2018.
37 New Zealand, Trade Marks Act 2002; Panama, Law on the Special Intellectual Property Regime Governing the
Collective Right of Indigenous Peoples for the Protection and Defense of their Cultural Identity and their Traditional
Knowledge 2000; Philippines, Act to Recognize, Protect and Promote the Right of Indigenous Cultural
Communities/Indigenous Peoples 1997; Republic of Azerbaijan, On Legal Protection of Azerbaijani Expressions of
Folklore 2006; United States of America Database of Native American Insignia, Trademark Law Treaty
Implementation Act 1998.
38 Kaitlin Mara, “Turning Point” at WIPO Pulls Traditional Knowledge Debate out at Eleventh Hour, Intellectual
World Intellectual Property Organisation (WIPO) carries out a wide variety of tasks
related to the protection of IP rights. These include assisting governments and
organizations to develop the policies, structures and skills needed to harness the
potential of IP for economic development; working with Member States to develop
international IP law; administering treaties; running global registration systems for
trademarks, industrial designs and appellations of origin and a filing system for
patents; delivering dispute resolution services; and providing a forum for informed
debate and for the exchange of expertise.
WIPO was established in 1967 by the WIPO Convention, which states that WIPO’s
objective was “to promote the protection of intellectual property throughout the
world …” (WIPO, 1967, Article 3). Headquartered in Geneva, Switzerland, WIPO
currently administers 24 treaties and facilitates the negotiation of several proposed
treaties covering copyrights, patents and trademarks.
WIPO, in its fact-finding mission report, uses the term “traditional knowledge” to
refer to “Tradition based literary, artistic or scientific works; performances;
inventions; scientific discoveries; designs; marks, names and symbols; undisclosed
information; and all other tradition-based innovations and creations resulting from
intellectual activity in the industrial, scientific, literary or artistic fields.” Hence, the
role of WIPO in development of Intellectual Property has been very crucial
throughout the journey of development of concept of intellectual property rights on
a global level.
BIBLIOGRAPHY
1. Meenu Paul, Intellectual Property Laws, (1st Edition, Allahabad Law Agency, Delhi,
(2009), p.6.
2. Jayantha Lahiri, Lecturers on Intellectual Property Laws, (1st Edition, R.Chambray and Co
Private Limited, Kolkata, (2009), p.1.
3. Mashal. A. Leafter (Ed); International Treaties on Intellectual Property, (2nd Edition,
Washington D.C, (1997), p.561.
4. Shabalala et al. “A Citizen’s Guide to WIPO” CIEL 2007.
5. Sharma S.S, “Role of WIPO in Protecting Interest of Developing Countries”, IJLS, Vol.
XX, p.185.
6. G. B. Reddy, Intellectual Property Right and the Law, (1st Edition, Gogia Law Publicatio n,
(2000), p.51.
7. Feffrey E.Garten, “Intellectual Property New Answer to New Problem”, Business Week,
April 12, (1998), pp 28-29, at 4.
8. K. Parameswaran (Eds.,), A Half Yearly Review, The Academy Law Review, The Kerala
Law Academy, Vol XXI, Numbers 142, (1997), p.537.
9. N. R. Subbaram, Hand Book of Indian Patent Law and Practice, (N. R. Subbaram &
S.Viswanathan Printers and Publishers Pvt Ltd, 1998), p.251.
10. Benko, Robert. P “Protecting Intellectual Property Right” Washington, D.C: American
Enterprise Institute for Public Policy Research, (1987), p.40.
11. Berenbeim, Ronald. E “Safeguarding Intellectual Property” New York, Conference Board,
(1989).
12. Richard. K "Protection of Intellectual Property Right, In Intellectual Property Right in
Science, Technology, and Economic Performance”, Edited by F.W. Rushing.
13. Mansfield, Edwin. "Intellectual Property, Technology and Economic Growth." In
Intellectual Property Right in Science, Technology, and Economic Performance”, Edited
by F.W. Rushing and CG. Brown, Boulder, CO: Westview Press, (1990), pp 17-30.