The WIPO Convention, 1967

By Sahil Kumar 11 Minutes Read

Introduction

• ‘WIPO’ stands for World Intellectual Property Organization.
• WIPO is a United Nations specialized agency established to promote and protect intellectual property globally through collaboration with countries and international organizations.
• WIPO hosts forums to shape international IP rules, offers global IP registration and protection services, resolves cross-border IP disputes, connects IP systems with uniform standards, and provides a reference database with reports and statistics on global and national IP protection and innovation.
• The WIPO Convention, the constituent instrument of the World Intellectual Property Organization (WIPO), was signed at Stockholm on July 14, 1967, entered into force in 1970 and was amended in 1979.
• WIPO is an intergovernmental organization which in 1974 became one of the specialized agencies of the United Nations system^[1].
• Headquartered in Geneva, Switzerland, WIPO has its external offices all around the world. It currently has 193 member states associated with it[2].
• The history of WIPO goes back as far as the years 1883 and 1886. The origin of WIPO begins when the Paris Convention of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works called for the establishment of an ‘International Bureau’ for the protection of intellectual property. The two bureaus were united in 1893. In 1970, they were replaced by the World Intellectual Property Organization.

Historical Development of WIPO

The Paris Convention for the Protection of Industrial Property, 1883

• The Paris Convention for the Protection of Industrial Property, adopted on March 20, 1883, marked a significant milestone in the development of intellectual property law as one of the first treaties of its kind. Remarkably, nearly 140 years later, the treaty remains in force.

• One reason for the Paris Convention’s longevity is its broad application to various forms of intellectual property protection. The treaty covers patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and the repression of unfair competition.

•  Another reason for its enduring significance is that the Paris Convention was the first step toward intellectual property protection not only in the country of origin but also internationally.

• Initially signed by just 11 countries, the treaty now boasts 176 signatories, making it easier to identify the few countries that are not part of it.

• The treaty also introduced the concept of intellectual property priority rights. This idea allows intellectual property rights holders to apply for protection of trademarks, patents, designs, and more across multiple jurisdictions, using the date of their original application.

The Berne Convention, 1886

• The Berne Convention is an international copyright agreement adopted in Bern (Berne) in 1886 and subsequently modified several times (Berlin, 1908; Rome, 1928; Brussels, 1948; Stockholm, 1967; and Paris, 1971).

•  The signatories to the Convention form the Berne Copyright Union.

• The core principle of the Berne Convention is that each contracting country must provide automatic protection for works first published in other Berne Union countries and for unpublished works whose authors are citizens or residents of those countries.

• Each member country must guarantee to authors from other member countries the same rights that its own laws grant to its nationals. If a work is first published in a Berne country but the author is a national of a non-union country, the union country may restrict protection to the extent that the author’s home country limits protection.

• The works protected under the 1928 Rome revision include every production in the literary, scientific, and artistic domains, regardless of the mode of expression. This encompasses books, pamphlets, and other writings; lectures, addresses, sermons, and similar works; dramatic or dramatic-musical works, choreographic works, and entertainments in dumb show (provided their acting form is fixed in writing or otherwise); musical compositions; drawings, paintings, works of architecture, sculpture, engraving, and lithography; illustrations, geographical charts, plans, sketches, and plastic works related to geography, topography, architecture, or science. It also includes translations, adaptations, arrangements of music, and other altered reproductions of literary or artistic works, as well as collections of different works.

• The 1948 Brussels revision added cinematographic works and photographic works to the list of protected categories. Both the Rome and Brussels revisions also extend protection to works of art applied to industrial purposes, as long as the domestic legislation of each country allows such protection.

• In the Rome revision, the term of copyright for most types of works was established as the life of the author plus 50 years, although it was acknowledged that some countries might have shorter terms.

• Both the Rome and Brussels revisions protected the right of making translations; however, the Stockholm Protocol and the Paris revision somewhat liberalized these rights, striking a compromise between the interests of developing and developed countries.

Formation of WIPO

• WIPO was formally established by the Convention Establishing the World Intellectual Property Organization, which came into effect on April 26, 1970.
• It allowed members who were part of the Berne Convention, Paris Convention or a member of the United Nations system including the United Nations, any of its specialized agencies, the International Atomic Energy Agency or the International Court of Justice.
• According to Article 3 of the convention, WIPO’s goal is to “promote the protection of intellectual property throughout the world.”
•  In 1974, WIPO became a specialized agency of the United Nations through a bilateral agreement between WIPO and the UN General Assembly.
• According to Article 1 of this agreement, WIPO is responsible for promoting intellectual creativity and facilitating the transfer of industrial property technology to developing countries, aiding their economic, social, and cultural development.
• This responsibility is shared with various UN bodies, including the United Nations Conference on Trade and Development, the United Nations Development Programme and the United Nations Industrial Development Organization, United Nations Educational, Scientific and Cultural Organization, and other UN agencies.

Importance of WIPO

• A strong intellectual property framework offers several benefits:
  Encourages innovation: Protected intellectual property rights encourage inventors and creators to invest in research and development that leads to new technologies and artistic expression.
• Protects creativity: intellectual property rights protect the work of creators, artists and designers and ensure that they are fairly compensated for their work.
  Supports economic growth: strong protection of intellectual property rights promotes a healthy and competitive business environment, attracts investment and promotes economic development.
• Bridging the gap: WIPO’s role in harmonizing international intellectual property standards facilitates international trade and cooperation, ultimately contributing to global development.

Functions of WIPO

• International IP Framework: Through the administration of a network of treaties, WIPO promotes a uniform approach on intellectual property (IP). These agreements provide for minimum requirements for the protection of inventions, Creative works, and designs among participating states.

• Dispute Resolution: If any disputes arise between two countries from IP, WIPO provides the mechanism for resolving that dispute. This involves facilitating settlements between parties from different countries through arbitration and mediation.

• Capacity Building: WIPO actively supports its member states in building their domestic intellectual property infrastructures. This includes educating the public on the value of intellectual property rights, creating proper IP legislation, and providing staff with appropriate training.

• Global IP Information: The World Intellectual Property Organization (WIPO) is the main source of information relating to intellectual property. It manages all the information related to trademarks, patents, and other IP rights, making it easier for investors, creators, and business to understand the International IP.

• Policy Development: WIPO plays an important role in the formation of policies related to International IP. WIPO is essential to the formation of global intellectual property laws. It brings member states together in forums to talk about emerging issues and work toward creating equitable and functional intellectual property systems that encourage creativity and innovation.

Conclusion

WIPO is the top organization in the world when it comes to intellectual property rights. It harmonizes cross-border protection, mediates disputes and empowers authors. As innovation evolves, WIPO adapts and ensures a balanced system that fosters creativity and drives the knowledge-based economy forward.

^[1] https://www.wipo.int/treaties/en/convention/

[2] https://www.wipo.int/members/en/

Sahil Kumar