Chap:-4
Introduction to WIPO & WTO, Treaties, conventions and agreements pertaining to each type of
IPR 1: Paris convention, Madrid, Hague, Nice, PCT, Lisbon, Locarno, Strasbourg, Vienna
Agreement, Budapest Treaty, Nairobi Treaty
Introduction to WIPO & WTO
World Intellectual Property Organization (WIPO) and World Trade Organization (WTO)
are two crucial international bodies that deal with intellectual property (IP) rights and trade
regulations across countries.
1. WIPO is a specialized agency of the United Nations that focuses on the protection of
intellectual property worldwide. It administers international treaties aimed at harmonizing
and facilitating the protection of intellectual property across member states. Its core
functions include providing a forum for negotiating IP treaties, providing technical
assistance to developing countries, and offering services for the international protection
of IP.
2. WTO, on the other hand, is an intergovernmental organization that regulates
international trade. It provides a framework for trade negotiations and dispute settlement
and oversees the implementation of the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS Agreement). TRIPS sets minimum standards for
the protection of various types of intellectual property (IP) and enforces compliance
among member countries.
Treaties, Conventions, and Agreements Pertaining to Each Type of IPR
Several international treaties and agreements have been established under the auspices of WIPO,
WTO, and other intergovernmental bodies to help standardize and protect intellectual property
across countries. Below are some key treaties and agreements:
1. Paris Convention (1883)
Type of IPR Covered: Patents, Trademarks, Industrial Designs
Purpose: The Paris Convention for the Protection of Industrial Property was one of the
first international treaties designed to protect industrial property rights. It allows for the
priority right, which means that if an applicant files for protection in one member
country, they can use that filing date as a priority in other member countries, thus
preventing third-party applications from claiming the same invention or trademark.
Key Feature: Priority Right, National Treatment, Independence of Patents
2. Madrid Agreement & Protocol (1891, 1989)
Type of IPR Covered: Trademarks
Purpose: The Madrid System offers a centralized system for registering trademarks
across multiple countries. The Madrid Agreement (1891) was later complemented by
the Madrid Protocol (1989). It simplifies the process for obtaining international
trademark protection through a single application.
Key Feature: Centralized Registration, Cost-Efficiency
3. Hague Agreement (1960)
Type of IPR Covered: Industrial Designs
Purpose: The Hague Agreement facilitates the international registration of industrial
designs. Through this agreement, designers can protect their designs in multiple countries
with a single application.
Key Feature: Single International Registration, Simplified Process for Design Protection
4. Nice Agreement (1957)
Type of IPR Covered: Trademarks (Classification of Goods and Services)
Purpose: The Nice Agreement establishes a classification system for goods and services
related to trademarks. The system organizes goods and services into classes, allowing for
a standardized approach in trademark applications.
Key Feature: Classification of Goods and Services
5. Patent Cooperation Treaty (PCT) (1970)
Type of IPR Covered: Patents
Purpose: The PCT is an international treaty that allows an inventor to file a single patent
application to seek protection in multiple countries. This simplifies the patent application
process and delays the costs of filing in each country.
Key Feature: Centralized Patent Filing, Extended Time for National Phase Entry
6. Lisbon Agreement (1958)
Type of IPR Covered: Geographical Indications (GIs) & Appellations of Origin
Purpose: The Lisbon Agreement provides for the international protection of
geographical indications (GIs) and appellations of origin. It helps protect the names of
products that come from specific regions and have characteristics due to their
geographical origin.
Key Feature: Protection of Geographical Indications, Single Registration System
7. Locarno Agreement (1968)
Type of IPR Covered: Industrial Designs (Classification)
Purpose: The Locarno Agreement establishes a classification system for industrial
designs, categorizing them into various classes to standardize the classification of
designs.
Key Feature: International Classification of Industrial Designs
8. Strasbourg Agreement (1971)
Type of IPR Covered: Patent Classification
Purpose: The Strasbourg Agreement establishes an international classification system
for patents, known as the International Patent Classification (IPC) system. It aims to
standardize patent classifications across member countries.
Key Feature: Standardized Patent Classification System (IPC)
9. Vienna Agreement (1973)
Type of IPR Covered: Trademarks (Classification of Marks)
Purpose: The Vienna Agreement establishes an international classification system for
the figurative elements of trademarks, such as logos, and designs. It complements the
Nice Agreement and aids in the uniformity of trademark protection.
Key Feature: Classification of Figurative Elements of Marks
10. Budapest Treaty (1977)
Type of IPR Covered: Microorganisms (Patent-related)
Purpose: The Budapest Treaty deals with the international recognition of the deposit of
microorganisms for patent purposes. It provides for the deposit of microorganisms with
recognized international depositories to facilitate the patenting of inventions involving
microorganisms.
Key Feature: International Deposit of Microorganisms for Patent Purposes
11. Nairobi Treaty (1979)
Type of IPR Covered: Protection of New Varieties of Plants
Purpose: The Nairobi Treaty provides for the international protection of plant varieties
and facilitates their registration. It recognizes plant breeders' rights, offering protection to
those who create new varieties of plants.
Key Feature: Plant Variety Protection, International Registration
Conclusion
Each of these treaties, agreements, and conventions has been established to simplify the
protection of intellectual property on a global scale, making it easier for inventors, creators, and
businesses to protect their IP rights internationally. They help harmonize national laws and
provide a framework for dispute resolution, thus fostering a more cohesive and efficient global
intellectual property system.
