1. Victor H. Bouganim WCL, American University
The Global IP Regime
Victor H. Bouganim
WCL, American University

2. IP World Players
Dec 96
Copyright Treaty
Apr 94
TRIPs

3. International IP Protection
Intellectual property rights are subject to national legislation.
International protection is achieved through conventions and other international treaties.

4. General Principles Territoriality Minimum standards Right of priority
Intellectual property rights are subject to national legislation
Minimum standards
For the protection of intellectual property
Right of priority
For registration of rights internationally
National treatment
The same protection must be given to foreigners and to nationals.
Example - under the Berne Convention: works originating in one of the members of the Berne Union, must be treated equally.

5. General Agreement on Tariffs and Trade
GATT - WTO
General Agreement on Tariffs and Trade
GATT negotiations start after world war II in order to facilitate international trade
The Uruguay round introduces the issue of IP in 1986
The final agreements concluded on December 1993 and signed on April 1994 in Marrakech.
The final GATT agreement terminates GATT role and creates the WTO - the World Trade Organization.
142 members (as of July 2001) including US, EU members but not yet China and Russia.

6. WTO Objectives Dispute settlement of trade issues
Embodies the core principles of liberal market theory:
Reduction of custom duties and removal of non-tariffs trade barriers
“Most favored nation” principle
Dispute settlement of trade issues

7. WTO Structure Conference Council Director General Secretariat
Committee
on Trade
& Development
on Balance of Payment
Restrictions
on Budget, Finance
& Administration
Ministerial
Conference
Trade Policy
Review Body
Dispute Settlement
Body
Council for
Trade in Goods
Trade in Services
TRIPs
Council

8. Trade Related Intellectual Property TRIPS Agreement of GATT-WTO
Standards for the protection of IP
Enforcement of IP
Combat trade in counterfeiting goods
References to IP treaties as international standards

9. Dispute Settlement Under WTO
Dispute Settlement Body: special assembly of WTO General Council, includes all members
Five stages to dispute resolution:
Consultation
Panel establishment, investigation and report
Appellate review of the panel report
Adoption of the panel and appellate decision
Implementation of the decision adopted
Could also have binding arbitration as alternative

10. TRIPS Disputes
Disputes concerning TRIPS are handled under the Dispute Settlement Body, as any other disputes under the WTO Agreements.
TRIPS disputes: Some examples
USA v Canada - Term of Patent Protection
USA v Brazil - Measures affecting Patent Protection
EU v USA - US Act related to trademarks, trade names, and commercial names

11. National Treatment
Each Member shall accord to the nationals of other Members treatment no less favorable than it accords to its own nationals with regards to the protection of intellectual property ...
[TRIPS, Art. 3.1]
Berne Convention, Art. 3-4
Paris Convention, Art. Art. 2-3

12. MFN - “Most Favored Nation” TRIPS, Art. 4
Exceptions
Rights according to international IP agreements prior to WTO Agreement (1995)
provided that they do not constitute an arbitrary or unjustified discrimination
Rights under other international agreements
Any advantage, favor, privilege or immunity granted by a member to any other country (or its nationals) shall be accorded immediately and unconditionally to all members (or their nationals).

13. TRIPS Implementation TRIPS, Art. 65-66
1 Jan General implementation date.
Developing countries and countries in the process of transformation from centrally-planned into a a free market economy are entitled to delay implementation for a period of 4 years.
I.e. latest implementation date is 1 Jan 2000.
Least developed countries can delay implementation for 10 years.

14. World Intellectual Property Organization
WIPO
World Intellectual Property Organization
UN specialized agency since December 1974
Established by the Stockholm Convention (1967)
Administers IP treaties and conventions
Based in Geneva
Members include the US and the majority of world countries (177 States in March 2001)
Initiatives for new measures in the IP field.

15. WIPO Objectives
To promote the protection of intellectual property throughout the world through cooperation among states and, where appropriate, in collaboration with any other international organization.
To ensure administrative cooperation among the intellectual property unions.

16. WIPO Treaties IP Protection Treaties Registration Treaties
Copyright - Berne Convention, 1886
Industrial Property - Paris Convention, 1883
Registration Treaties
PCT - Patent Cooperation Treaty, 1970
Madrid Agreement Concerning the International Registration of Marks, 1891
Classification Treaties
Strasbourg Agreement concerning the International Patent Classification, 1971

17. IP Unions The Berne Union - Copyrights
The Berne Convention for the Protection of Literary and Artistic Works, 1886
The Paris Union - Industrial Property
The Paris Convention for the Protection of Industrial Property, 1883
Patents, Trademarks and Unfair Trade Practices
Specialized Treaties and Conventions.

18. WIPO Digital Agenda WIPO ‘Internet Treaties’
WIPO Copyright Treaty, 1996
WIPO Performances and Phonograms Treaty, 1996
Draft Treaty on Databases, 1996
Washington Treaty on Semiconductor Topographies
Activities in the Field of Electronic Commerce
Dispute Resolution on Internet Domain Names