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.

Where we are

Geneva HQ Japan China

Singapore

Brazil

New York

Russia

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)

PCT Applications – February 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

Protect designs in global markets

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 is thinking

made visual” - Saul

Bass

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

29

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

30

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

International IP laws

32

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

Target Audience: All depending with

Program

Target Audience: All depending with Program

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

57

Questions ?

WIPO and Its Activities

http://www.wipo.int/portal/en/index.html

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