1. Importance of Intellectual Property Central issue in multilateral trade relations –Need for organization to see that there are intellectual property procedures within countries and across borders Impact of the Internet—intensifies the issues –Issue of domain names –Intellectual property easily sharable online

2. World Intellectual Property Organization History –1883 Paris Convention for the Protection of Industrial Property 14 member states, covered patents, trademarks, industrial designs –1886 Berne Convention for the Protection of Literary and Artistic Works Covered literary works, musical works, paintings, sculptures, and architectural works Both Conventions had “International Bureaus” which were united in 1893 and became BIRPI –1970 became WIPO; 1974 became specialized agency of the UN

3. WIPO Headquartered in Geneva –Secretariat, Director General, General Assembly, Coordinating Committee –90% of support from registration programs 183 member nations –member of Paris or Berne Unions; member of the UN; or invited to join administers 24 treaties or “unions” having to do with intellectual property—16 on industrial property and 6 on copyright and the convention that created WIPO

4. More on WIPO Arbitration and mediation center –Maintain list of 800 mediators and arbitrators –Establish arbitration rules –Provide an alternative to court action –Accredited by ICANN to administer cases filed under ICANN regarding domain name disputes

5. Intellectual Property Copyright and rights related to copyright –literary and artistic works of authors protected for 50 years after death of author –rights of performers, phonograms, and broadcast organizations Industrial Property –trademarks, geographical indications, patents, industrial designs, trade secrets

6. Intellectual Property Conventions (treaties) Paris convention for the protection of industrial property; Berne convention for the protection of literary and artistic works International convention for the protection of performers, producers of phonograms and broadcasting organizations (Rome Convention of 1961) Hague system for registration of industrial designs; Madrid system for registration of marks Treaty on intellectual property in respect to integrated circuits (1989) Trademark Law Treaty (1994) Performances and Phonograms Treaty (1996) Copyright Treaty (1996)

7. WTO linkage January 1, 1996, WIPO agreement with WTO –cooperation between International Bureau of WIPO and Secretariat of WTO to help developing nations, and to oversee the implementation and use of intellectual property regulations and laws of the WTO members

8. Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS agreement) Effective January 1, 1995 Most comprehensive multilateral agreement on intellectual property Applies trade principles to the area of intellectual property rights, including MFN and national treatment Three sections of the TRIPS agreement –standards (incorporates other conventions by reference and adds more) –enforcement--domestic procedures and remedies (general principles for all WTO members to follow) –dispute settlement--disputes among WTO members subject to WTO procedures

9. Types of intellectual property included in TRIPS Copyrights Trademarks Geographical indicators Industrial designs Patents Layout designs of integrated circuits Undisclosed information like trade secrets

10. TRIPS agreement General goals are those of the basic Uruguay Round negotiating objectives –reduction of distortions and impediments to international trade –promotion of effective and adequate protection of intellectual property, –ensuring measures to enforce intellectual property rights aren’t a barrier to legitimate trade

11. Interesting points of the TRIPS agreement Computer programs protected as literary works, whether in source or object code (Copyright Treaty of 1996) databases protected by copyright also performers shall have the right to prevent unauthorized recording of a live performance (doesn’t cover audiovisual, only aural fixations); also have right to prevent unauthorized broadcast of live performances

12. More points Internal enforcement procedures –must be fair and equitable, not unnecessarily costly or complicated; decisions to be found on merits of case and rendered in writing; judicial appeal possible –countries can use existing judicial system for enforcement –civil procedures must be available also and must include rules of evidence, due process, etc. Border enforcement procedures –cooperation of customs administrations

13. Transitional arrangements Developed nations who are WTO members subject to TRIPS since January 1, 1996 Developing nations had a general transition period of 5 years, until January 1, 2000, with least developed till 2006. Developed nations in market transition had till 2000 if moving to a free-market economy, undertaking structural reform of intellectual property system, or facing special problems of enforcement

14. Treaties to cover cross-boarder filings Patent cooperation treaty –Single patent application valid in many countries—once file, can decide in which countries to pursue application Madrid and Hague systems –20,000 registrations of marks and 6,750 industrial designs registered

15. Classification of intellectual property 4 WIPO treaties organize information –Strasbourg Agreement—patent classification –Nice Agreement—classification of goods and services for registration of marks –Vienna Agreement—classification of figurative elements of marks (logos) –Locarno Agreement—classification for industrial designs