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WIPOWIPO WTO WTO TRIPs TRIPs

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POLITICSPOLITICS

ECONOMICSECONOMICS

TECHNOLOGYTECHNOLOGY

SOC

IETY

SOC

IETY

Business Environment

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Innovation & Intellectual PropertyInnovation & Intellectual Property

What do you see?What do you see?

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- Albert Einstein- Albert Einstein

Imagination Imagination is more important than is more important than

Knowledge Knowledge

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WIPOWIPO

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World Intellectual Property RightsWorld Intellectual Property Rights

WIPOWIPO is one of the specialized is one of the specialized agencies of the United Nations. agencies of the United Nations. WIPO was created in 1967 with the WIPO was created in 1967 with the stated purpose of encouraging stated purpose of encouraging creative activity and promoting the creative activity and promoting the protection of Intellectual Property protection of Intellectual Property throughout the throughout the world. world.

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World Intellectual Property RightsWorld Intellectual Property Rights

The predecessor to WIPO was the BIRPI The predecessor to WIPO was the BIRPI ((Bureaux Internationaux Réunis pour la Bureaux Internationaux Réunis pour la Protection de la Propriété IntellectuelleProtection de la Propriété Intellectuelle, , French acronym for French acronym for United International United International Bureau for the Protection of Intellectual Bureau for the Protection of Intellectual PropertyProperty), which had been set up in 1893 to ), which had been set up in 1893 to administer the Berne Convention for administer the Berne Convention for protection of Library and Artistic Works protection of Library and Artistic Works and the Paris Convention for Protection of and the Paris Convention for Protection of Industrial Property.Industrial Property.

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WIPO’s mandateWIPO’s mandate Convention Establishing the World Intellectual Property Organization Convention Establishing the World Intellectual Property Organization

(Stockholm, July 14, 1967)(Stockholm, July 14, 1967)entered into force in 1970, amended 1979entered into force in 1970, amended 1979WIPO’s mission to “WIPO’s mission to “promote the protection of intellectual property promote the protection of intellectual property

throughout the world through cooperation among Statesthroughout the world through cooperation among States” in order ” in order to encourage creativity and innovationto encourage creativity and innovation

Agreement between the United Nations and WIPO (1974)Agreement between the United Nations and WIPO (1974)

WIPO’s purpose is the “WIPO’s purpose is the “promotion of creative intellectual activity promotion of creative intellectual activity and the facilitation of the transfer of technology related to and the facilitation of the transfer of technology related to intellectual property to the developing countries in order to intellectual property to the developing countries in order to accelerate economic, social and cultural development”accelerate economic, social and cultural development” (article 1) (article 1)

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Status: An intergovernmental organization

Member States: 183

Staff: 915 from 94 countries

Treaties Administered: 24

Decisions by: GA, CC, WIPO Conference

Guiding Principles: Transparency, Accountability, Consensus

• To promote the protection of IP rights worldwide and extend the benefits of the international IP system to all member States

WIPO’s Mission:

Basic Facts about WIPO

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Milestones : 1883 to 2006Milestones : 1883 to 2006

Paris Convention

1883

1886

18911893

1925

1960

1967

1970

1970

1989

2002

Berne Convention

Madrid Agreement

BIRPI

Hague Agreement

BIRPI moves to Geneva

WIPO Convention

WIPO established

PCT

Madrid Protocol

Internet Treaties

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Intellectual Property: Intellectual Property: A Tool for DevelopmentA Tool for Development

“In the age of the knowledge economy, the efficient and creative use of knowledge is a key determinant of international competitiveness, wealth creation and improved social welfare.”

“An effective intellectual property (IP) system embedded within a national strategy which anchors IP considerations firmly within the policy-making process will help a nation to promote and protect its intellectual assets, thereby driving economic growth and wealth creation.”

Kamil Idris WIPO Director General

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Strategic GoalsStrategic Goals Promotion of an IP culturePromotion of an IP culture

build a foundation for more solid & extensive IP culturebuild a foundation for more solid & extensive IP culturebetter understanding & use of IP system. better understanding & use of IP system. Greater respect for IP rightsGreater respect for IP rights

IP policies as part of Nat’l Dvpt. StrategiesIP policies as part of Nat’l Dvpt. Strategies Development of balanced IP laws responsive to Development of balanced IP laws responsive to

emerging needsemerging needs Delivery of quality global IP protection systems Delivery of quality global IP protection systems Enhanced Access to IP SystemEnhanced Access to IP System

practical solutionspractical solutions to empower all stakeholders to to empower all stakeholders to develop, protect, enforce, manage and commercially develop, protect, enforce, manage and commercially exploit IPRs for development exploit IPRs for development

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OutreachOutreach

Intellectual PropertyOffices

Intellectual PropertyOffices

Public Sector & Policy-MakersPublic Sector & Policy-Makers

General Public, Private Sector & Civil SocietyGeneral Public, Private Sector & Civil Society

Building awarenessBuilding awarenessBuilding awarenessBuilding awareness

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WIPO’s Main Activities

Norm-Setting

Services to Industry

Economic Development

WIPO

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WIPO’s main activitiesWIPO’s main activities

Normsetting Normsetting treaty-making processes (administers 23 treaties)treaty-making processes (administers 23 treaties)

Providing international IP services to private sectorProviding international IP services to private sector registration services for patents, trademarks and designsregistration services for patents, trademarks and designs dispute resolution (WIPO Arbitration & Mediation Center)dispute resolution (WIPO Arbitration & Mediation Center)

Enhancing access to and use of the IP systemEnhancing access to and use of the IP system assists developing country members, as well as SMEs to use IP as assists developing country members, as well as SMEs to use IP as

a tool for economic developmenta tool for economic development explores emerging issues in commercialization of IPexplores emerging issues in commercialization of IP distance learning programs (WIPO Worldwide Academy)distance learning programs (WIPO Worldwide Academy) seminars, conferences, studies and documentsseminars, conferences, studies and documents

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WIPO’s work on copyright developmentsWIPO’s work on copyright developments Guide on Surveying the Economic Contribution of the Copyright-Guide on Surveying the Economic Contribution of the Copyright-

Based Industries Based Industries Study on Limitations and Exceptions to Copyright and Related Study on Limitations and Exceptions to Copyright and Related

Rights in the Digital EnvironmentRights in the Digital Environment Study on Current Developments in the Field of Digital Rights Study on Current Developments in the Field of Digital Rights

ManagementManagement Guide to the Copyright and Related Rights Treaties Administered Guide to the Copyright and Related Rights Treaties Administered

by WIPO and Glossary of Copyright and Related Rights Termsby WIPO and Glossary of Copyright and Related Rights Terms Survey on Implementation of the WCT and WPPTSurvey on Implementation of the WCT and WPPT Task Force Group on Model Law for CopyrightTask Force Group on Model Law for Copyright Studies on the Economic Impact of Database Protection in Studies on the Economic Impact of Database Protection in

Developing Countries and Countries in TransitionDeveloping Countries and Countries in Transition

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Changes in international Changes in international IP policy-making...IP policy-making...

New stakeholders New stakeholders greater public involvement in IP (as creators, greater public involvement in IP (as creators,

distributors and consumers)distributors and consumers)greater value and investment in IP as intellectual greater value and investment in IP as intellectual

capital in the knowledge societycapital in the knowledge society Participation at WIPOParticipation at WIPO

only States can be Members as per WIPO only States can be Members as per WIPO ConventionConvention

traditionally open to non-State observerstraditionally open to non-State observerspermanent observer status currently held by 172 permanent observer status currently held by 172

international NGOs, 65 IGOs and 10 national NGOsinternational NGOs, 65 IGOs and 10 national NGOs

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Changes in IP policy-makingChanges in IP policy-making

Information Society - speed and flexibility of policy-makingInformation Society - speed and flexibility of policy-makingflexible ‘soft law’ approachesflexible ‘soft law’ approaches

joint recommendations (e.g., use of trademarks online)joint recommendations (e.g., use of trademarks online)best practices (ccTLD Best Practices for Prevention and Resolution of IP best practices (ccTLD Best Practices for Prevention and Resolution of IP

Disputes)Disputes)Uniform Domain Name Dispute Resolution Policy (UDRP)Uniform Domain Name Dispute Resolution Policy (UDRP)

new ways to reach global public (online delivery of new ways to reach global public (online delivery of information, interactive online fora, distance learning)information, interactive online fora, distance learning)

speed of technological change risks excluding some countries speed of technological change risks excluding some countries from meaningful participation from meaningful participation

more cross-sectoral communication and collaboration among more cross-sectoral communication and collaboration among international and national organizationsinternational and national organizations

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WIPO & IP ManagementWIPO & IP Management

IP management for economic developmentIP management for economic development (micro and (micro and macro)macro)education to create awareness of IPeducation to create awareness of IPIP licensing, negotiation skills IP licensing, negotiation skills IP strategy for business & governmentIP strategy for business & governmentIP valuation and accountingIP valuation and accountingIP financing (secured transactions)IP financing (secured transactions)

develop legislative and institutional framework for IP financingdevelop legislative and institutional framework for IP financingUNCITRAL’s workUNCITRAL’s work

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International Developments - International Developments - Security Interests in IP RightsSecurity Interests in IP Rights

United Nations Commission on International Trade Law (UNCITRAL)United Nations Commission on International Trade Law (UNCITRAL) legal body est. by UN General Assembly, 1966legal body est. by UN General Assembly, 1966 mandate for progressive harmonization and unification of mandate for progressive harmonization and unification of

international trade lawinternational trade law Commission of 60 elected Member States, plus Working Groups (all Commission of 60 elected Member States, plus Working Groups (all

States plus observers) and Expert Working GroupsStates plus observers) and Expert Working Groups Working Group VI (Security Interests):Working Group VI (Security Interests):

UN Convention on the Assignment of Receivables in International UN Convention on the Assignment of Receivables in International TradeTrade

draft UNCITRAL Guide on Secured Transactionsdraft UNCITRAL Guide on Secured Transactions

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UN Convention on the Assignment of Receivables in International Trade

adopted UN General Assembly, 2001adopted UN General Assembly, 2001 objective: to facilitate low-cost credit through uniform rules on international objective: to facilitate low-cost credit through uniform rules on international

receivables financing receivables financing scope: covers IP as intangible assetsscope: covers IP as intangible assets

removes legal obstacles to international financing practices (e.g., validate removes legal obstacles to international financing practices (e.g., validate assignments of future receivables and bulk receivables, invalidates contractual assignments of future receivables and bulk receivables, invalidates contractual limitations such as anti-assignment clauses)limitations such as anti-assignment clauses)

enhances certainty and predictability (e.g., priority between competing claims enhances certainty and predictability (e.g., priority between competing claims based on law of the State in which the assignor/licensee is located governs priority)based on law of the State in which the assignor/licensee is located governs priority)

regime governing priority between competing claims harmonizes domestic regime governing priority between competing claims harmonizes domestic assignment lawsassignment laws

3 signatories (US, Luxembourg, Madagascar), no ratifications3 signatories (US, Luxembourg, Madagascar), no ratifications commentary to be writtencommentary to be written

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Draft UNCITRAL Legislative Guide on Security Interests

based on UN Assignment Convention, proposed for adoption based on UN Assignment Convention, proposed for adoption 20062006

objective: to provide recommendations/commentary to assist objective: to provide recommendations/commentary to assist States to modernize their secured transactions lawsStates to modernize their secured transactions laws

scope: tangible and intangible assets - includes IPscope: tangible and intangible assets - includes IPhighlight possible need for adjustment of general recommendations for highlight possible need for adjustment of general recommendations for

security rights in IP to accommodate existing IP lawsecurity rights in IP to accommodate existing IP lawwhere conflict, IP rights/law prevailswhere conflict, IP rights/law prevailsGuide does not address IP issues, but States urged to take account of Guide does not address IP issues, but States urged to take account of

increasing importance of IP assets to companies seeking creditincreasing importance of IP assets to companies seeking credit

to be discussed at Working Group meeting, Vienna, September to be discussed at Working Group meeting, Vienna, September 5-9, 2005 (and Expert Working Group)5-9, 2005 (and Expert Working Group)

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WIPO’s future work on IP financingWIPO’s future work on IP financing

Possible future work?Possible future work? Clarification of UN Assignment Convention in context of IP, Clarification of UN Assignment Convention in context of IP,

and commentary…and commentary… Discussion of UNCITRAL Draft Legislative Guide: scope of Discussion of UNCITRAL Draft Legislative Guide: scope of

recommendations, and receivables (based on Assignment recommendations, and receivables (based on Assignment Convention): recommendations and commentaryConvention): recommendations and commentary

Separate work addressing IP financing and secured Separate work addressing IP financing and secured transactions laws in context of Guide..transactions laws in context of Guide..

Inter-agency cooperationInter-agency cooperation Education, research and studies (IP valuation, financing)..Education, research and studies (IP valuation, financing)..

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WTO WTO

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TOILETS

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TOILETS

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DIVISION OF NATIONS

•CAPITALIST •COMMUNIST•NEUTRAL

•DEVELOPED•DEVELOPING•LDCs

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WTO - SLOGAN

TRADE RATHER THAN AID.

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WTO-OVERRIDING OBJECTIVES

HELP TRADE FLOW

•SMOOTHLY•FREELY•FAIRLY AND•PREDICTABLY

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WTO: What is it?

•International Organisation embodied in the results of the Uruguay Round.•Established January 1, 1995.•Membership around 143 countries•Cornerstone of the multilateral trading system and includes agreements on Trade in goods Trade in Services Trade Related Investment Measures Trade Related Intellectual Property Rights.

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WTO-MINISTERIAL MEETS

MARKESH: APRIL 1994SINGAPORE: DEC 1996GENEVA: MAY 1998SEATTLE: DEC 1999DOHA: NOV 2001 CANCUN: FEB 2003HONG KONG DEC 2005 GENEVA (MINI) JULY 2008

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WTO’s View on BenefitsWTO’s View on Benefits

1.1. The system helps promote peaceThe system helps promote peace2.2. Disputes are handled constructivelyDisputes are handled constructively3.3. Rules make life easier for allRules make life easier for all4.4. Freer trade cuts the costs of livingFreer trade cuts the costs of living5.5. It provides more choice of products and qualitiesIt provides more choice of products and qualities6.6. Trade raises incomesTrade raises incomes7.7. Trade stimulates economic growthTrade stimulates economic growth8.8. The basic principles make life more efficientThe basic principles make life more efficient9.9. Governments are shielded from lobbying Governments are shielded from lobbying 10.10. The system encourages good governanceThe system encourages good governance

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WTO’s View on misunderstandingsWTO’s View on misunderstandings

1.1. The WTO does NOT tell governments what to doThe WTO does NOT tell governments what to do

2.2. The WTO is NOT for free trade at any costThe WTO is NOT for free trade at any cost

3.3. Commercial interests do NOT take priority over Commercial interests do NOT take priority over development, the environment, or health and safetydevelopment, the environment, or health and safety

4.4. The WTO does NOT destroy jobs or worsen povertyThe WTO does NOT destroy jobs or worsen poverty

5.5. Small countries are NOT powerless in the WTOSmall countries are NOT powerless in the WTO

6.6. The WTO is NOT the tool of powerful lobbiesThe WTO is NOT the tool of powerful lobbies

7.7. Weaker countries are NOT forced to join the WTOWeaker countries are NOT forced to join the WTO

8.8. The WTO is NOT undemocraticThe WTO is NOT undemocratic

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Opposition to the WTOOpposition to the WTO

1.1. The WTO only serves the interests of multinational The WTO only serves the interests of multinational corporationcorporation

2.2. The WTO is a stacked courtThe WTO is a stacked court3.3. The WTO tramples over labor and human rightsThe WTO tramples over labor and human rights4.4. The WTO is destroying the environmentThe WTO is destroying the environment5.5. The WTO is killing peopleThe WTO is killing people6.6. The WTO undermines local development and The WTO undermines local development and

penalizes poor countriespenalizes poor countries1.1. The WTO is increasing inequalityThe WTO is increasing inequality2.2. The WTO undermines national sovereigntyThe WTO undermines national sovereignty3.3. The tide is turning against free trade and the WTOThe tide is turning against free trade and the WTO

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The ConcernsThe Concerns

It’s not the WTO as a forum, but the players that are a It’s not the WTO as a forum, but the players that are a concernconcern

The WTO is not a transparent organizationThe WTO is not a transparent organization Each country does not have diverse representationEach country does not have diverse representation One country’s value may be another country’s barrierOne country’s value may be another country’s barrier Historically, commercial interests have taken priority Historically, commercial interests have taken priority

over the environment, health, and safetyover the environment, health, and safety Governments have to act in the WTO’s interests first Governments have to act in the WTO’s interests first

and the public interest second or face stiff penaltiesand the public interest second or face stiff penalties

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WTO vs. GATT: Main differences

•Nature:GATT was a set of rules with no institutional foundation, applied on a provisional basis. WTO is a permanent institution with a permanent framework.

•Scope:GATT applied to trade in goods,WTO agreement

applies to trade in goods,services and trade related aspects of intellectual property rights

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GATT and WTO: Main Differences…contd.

•Approach: WTO accepted by its members as a single undertaking. Agreements involve commitments for all members of the organisation.•Dispute Settlement: WTO Dispute Settlement has specific time limits,is faster than the GATT system, operates more automatically

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WTO:Main Functions

•Implementation,administration and operation of the covered agreements•Forum for negotiations•Dispute Settlement•Review of National Trade policies•Cooperation with other international organisations

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THE URUGUAY ROUND( SOME KEY POINTS )

•Market Access through a reduction of tariffs on industrial products.•Agriculture ,Textiles and Clothing:decided to initiate a process of reform of trade in agricultural products, ntms affecting trade in agriculture to be eliminated and converted into tariffs, and reduction in tariffs.On textiles and clothing it was decided to dismantle all quantitative restrictions including arrangements under the MFA.

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•New Issues•General Agreement on Trade in Services,protection of intellectual property rights, labour, environment, etc.

THE URUGUAY ROUND( SOME KEY POINTS )

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TRIPsTRIPs

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TRIPS AGREEMENT…..

TRIPS Agreement lays down norms and standards for seven types of intellectual property, viz•Copyright and related rights•Trademarks•Geographical indications•Industrial Design•Patents•Undisclosed information•Lay out design of integrated circuits.

Patent & Copyright

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The Agreement on Trade-Related Aspects of The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)Intellectual Property Rights (TRIPs)

The most detailed The most detailed and comprehensive and comprehensive multilateral multilateral agreement on agreement on intellectual property intellectual property yet negotiated. yet negotiated.

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• TRIPS introduced intellectual property TRIPS introduced intellectual property rules into the multilateral trading rules into the multilateral trading system for the first time.system for the first time.

• Membership in WTO requires a country Membership in WTO requires a country to agree to adopt the minimum to agree to adopt the minimum standards for intellectual property standards for intellectual property regulation.regulation.

• IP laws are established and enforced IP laws are established and enforced by each individual Member Country.by each individual Member Country.

The Agreement on Trade-Related Aspects of The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)Intellectual Property Rights (TRIPs)

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• How basic principles of the trading system How basic principles of the trading system and other international intellectual property and other international intellectual property agreements should be applied.agreements should be applied.

• How to give adequate IP protection.How to give adequate IP protection.

• How to enforce IP rights.How to enforce IP rights.

• How to settle disputes on IP between How to settle disputes on IP between members of the WTO.members of the WTO.

• Special transitional arrangement.Special transitional arrangement.

The Agreement on Trade-Related Aspects of The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)Intellectual Property Rights (TRIPs)

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What areas are covered by TRIPS?What areas are covered by TRIPS?

The intellectual property areas covered by the The intellectual property areas covered by the TRIPs Agreement are:TRIPs Agreement are:• Copyright and related rightsCopyright and related rights• TrademarksTrademarks• Industrial designsIndustrial designs• PatentsPatents• Layout-designs (topographies) of integrated Layout-designs (topographies) of integrated

circuitscircuits• Undisclosed information, including trade secretsUndisclosed information, including trade secrets• EnforcementEnforcement

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Why include IP in GATT?Why include IP in GATT?

Reasons for Including IP on the GATT Agenda:Reasons for Including IP on the GATT Agenda:

• Growth in world trading.Growth in world trading.

• Increased importance of global IP protection.Increased importance of global IP protection.

• Existing provisions of international law were Existing provisions of international law were perceived insufficient.perceived insufficient.

1. Absence of enforcement of rights before 1. Absence of enforcement of rights before national judicial authorities.national judicial authorities.

2. Lack of a dispute settlement mechanism 2. Lack of a dispute settlement mechanism between Nation States. between Nation States.

3. Standards were outdated.3. Standards were outdated.

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Current Issues Under TRIPsCurrent Issues Under TRIPs

• Trademarks Trademarks • Geographical IndicatorsGeographical Indicators

• EnforcementEnforcement• TRIPs PlusTRIPs Plus

• PatentsPatents• Data ExclusivityData Exclusivity• CBDCBD

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TRIPs Art. 22: Geographical IndicationsTRIPs Art. 22: Geographical Indications

• ““Indications which identify a good as Indications which identify a good as originating in the territory of a Member, or originating in the territory of a Member, or a region or locality in that territory, where a a region or locality in that territory, where a given quality, reputation or other given quality, reputation or other characteristic of the good is essentially characteristic of the good is essentially attributable to its geographic origin.”attributable to its geographic origin.”

• Examples: Darjeeling Tea, Champagne Examples: Darjeeling Tea, Champagne Wine, Napa Valley wine, Scotch Whiskey, Wine, Napa Valley wine, Scotch Whiskey, Idaho potatoes, etc.Idaho potatoes, etc.

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U.S., Australia, Canada and others: • Private rights to be enforced by right holder.• Subject to priority rules (a later-in-time GI cannot trump an earlier established trademark).

European view:• Monitored and enforced by the government.• Trump pre-existing trademarks containing the terms. (would repatriate generic terms).

Geographical Indicators (GI)Geographical Indicators (GI)

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Geographical Indications as Certification MarksGeographical Indications as Certification Marks

• GIs are a subset of trademarks because GIs are a subset of trademarks because they are source-identifiers, guarantees they are source-identifiers, guarantees of quality, and business interests. of quality, and business interests.

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Collective MarksCollective Marks

• Indicate membership in a group or Indicate membership in a group or organization.organization.

• Can also identify group members.Can also identify group members.

• Proprietors of collective marks can Proprietors of collective marks can exclude people from using the mark.exclude people from using the mark.

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““DARJEELING”DARJEELING”

U.S. Registration U.S. Registration No. 2,685,923No. 2,685,923

For “Tea”For “Tea” ““The certification mark, as The certification mark, as

used by authorized persons, used by authorized persons, certifies that the tea contains certifies that the tea contains at least one hundred percent at least one hundred percent (100%) tea originating in the (100%) tea originating in the Darjeeling region of India and Darjeeling region of India and that the blend meets other that the blend meets other specifications established by specifications established by the certifier.”the certifier.”

Registrant: Tea Board of India

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Geographical Indications as Certification MarksGeographical Indications as Certification Marks

• Geographical indications can be Geographical indications can be protected through a trademark system:protected through a trademark system:

• As certification marks or; As certification marks or;

• As collective marks.As collective marks.

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““COLOMBIAN”COLOMBIAN”

U.S. Registration No. U.S. Registration No. 1,160,492 (registered 1,160,492 (registered July 7, 1981)July 7, 1981)

For “coffee”For “coffee” ““The mark certifies that the The mark certifies that the

coffee was grown in the coffee was grown in the Republic of Colombia and that Republic of Colombia and that such coffee has been such coffee has been subjected to standards subjected to standards inspection authorized by inspection authorized by applicant and … passing applicant and … passing recognized current minimum recognized current minimum quality standards required for quality standards required for such export as set and such export as set and enforced by said enforced by said Federacion….”Federacion….”

Registrant: Republic of Colombia

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““Egyptian Cotton”Egyptian Cotton”

Application Serial No. Application Serial No. 76-22967376-229673

For (a variety of For (a variety of products made wholly products made wholly or substantially of or substantially of Egyptian cotton)Egyptian cotton)

““The certification mark, The certification mark, intended to be used by intended to be used by authorized persons, is authorized persons, is intended to certify that the intended to certify that the products identified above products identified above contain 100% Egyptian contain 100% Egyptian Barbadense cotton.”Barbadense cotton.”

Applicants: Alexandria Cotton Exporters Association and the Egyptian Ministry of Economy and Foreign Trade

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““Parmigiano Reggiano”Parmigiano Reggiano”

U.S. Trademark U.S. Trademark Registration Nos. Registration Nos. 1,754,410; 1,892,496; 1,754,410; 1,892,496; 1,896,683; 2,320,5951,896,683; 2,320,595

For “Cheese”For “Cheese” ““The certification mark, as used by The certification mark, as used by

person authorized by the certifier, person authorized by the certifier, certifies that the goods originate in certifies that the goods originate in the Parma-Reggio region of Italy, the Parma-Reggio region of Italy, specifically the zone comprising specifically the zone comprising the territory of the provinces of the territory of the provinces of Parma, Reggio Emilia, Modena and Parma, Reggio Emilia, Modena and Mantua on the right bank of the Mantua on the right bank of the river Po and Bolgona on the left river Po and Bolgona on the left Bank of the river Reno.”Bank of the river Reno.”

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TRIPS Art. 41-61: EnforcementTRIPS Art. 41-61: Enforcement

Part III Enforcement of Part III Enforcement of Intellectual Property Intellectual Property RightsRights

1.1. General ObligationsGeneral Obligations

2.2. Civil and Administrative Civil and Administrative Procedures and RemediesProcedures and Remedies

3.3. Provisional MeasuresProvisional Measures

4.4. Special Requirements Special Requirements Related to Border MeasuresRelated to Border Measures

5.5. Criminal ProceduresCriminal Procedures

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TRIPs Art. 41: General PrinciplesTRIPs Art. 41: General Principles

• ““Members shall ensure that Members shall ensure that enforcement procedures … are enforcement procedures … are available under the law to permit available under the law to permit effective actioneffective action against infringement against infringement of intellectual property rights…”of intellectual property rights…”

• ““expeditious remedies”expeditious remedies”

• ““constitute a deterrent”constitute a deterrent”

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TRIPs Plus: Improving TRIPs TRIPs Plus: Improving TRIPs StandardsStandards

• Pre-established damages available at Pre-established damages available at election of rightholder.election of rightholder.

• Seizure of documentary evidence Seizure of documentary evidence related to infringement.related to infringement.

• Goods found to be infringing and the Goods found to be infringing and the materials and implements used to materials and implements used to create them shall be destroyed.create them shall be destroyed.

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TRIPs Plus: Improving TRIPs StandardsTRIPs Plus: Improving TRIPs Standards

• Require infringer to provide Require infringer to provide information regarding others involved information regarding others involved in infringement, means of production in infringement, means of production and channels of distribution.and channels of distribution.

• Enforcement procedures for technical Enforcement procedures for technical protection measures and rights protection measures and rights management information.management information.

• ““Ex officio” authority for criminal and Ex officio” authority for criminal and border measures.border measures.

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TRIPs Plus: Improving TRIPs StandardsTRIPs Plus: Improving TRIPs Standards

• Criminal procedures even where no Criminal procedures even where no motive of financial gain.motive of financial gain.

• Seizure and forfeiture of goods, Seizure and forfeiture of goods, assets, means to produce and assets, means to produce and evidence.evidence.

• Criminal procedures for trafficking in Criminal procedures for trafficking in counterfeit labels.counterfeit labels.

• Internet Service Provider liability. Internet Service Provider liability.

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TRIPs and Patent IssuesTRIPs and Patent Issues

1.1. Data exclusivity for Data exclusivity for pharmaceuticals and agrochemicalspharmaceuticals and agrochemicals

2.2. UN Convention on Biological UN Convention on Biological DiversityDiversity

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TRIPs and Patent IssuesTRIPs and Patent Issues

““Data exclusivity”: Test data that Data exclusivity”: Test data that demonstrates a drug or demonstrates a drug or agrochemical’s safety and efficacy, agrochemical’s safety and efficacy, which is required by a drug which is required by a drug regulatory authority for marketing regulatory authority for marketing approval.approval.

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TRIPs Art. 39.3: Protection of TRIPs Art. 39.3: Protection of Undisclosed InformationUndisclosed Information

• ““Members … shall protect such Members … shall protect such [undisclosed test] [undisclosed test] datadata against unfair against unfair commercial use.” commercial use.”

• ““Members shall protect such Members shall protect such datadata against disclosure, except where against disclosure, except where necessary to protect the public, or necessary to protect the public, or unless steps are taken to ensure that the unless steps are taken to ensure that the datadata are protected against unfair are protected against unfair commercial use."commercial use."

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TRIPs and Patent IssuesTRIPs and Patent Issues

• Is there a conflict between TRIPs and Is there a conflict between TRIPs and the UN Convention on Biological the UN Convention on Biological Diversity, protection of traditional Diversity, protection of traditional knowledge and folklore?knowledge and folklore?

(Doha Ministerial Declaration, Para. 19)(Doha Ministerial Declaration, Para. 19)

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TRIPs and CBDTRIPs and CBD

• No conflict: Both can be mutually supported using No conflict: Both can be mutually supported using national laws and contractual arrangements.national laws and contractual arrangements.

• May provide civil and/or criminal penalties for May provide civil and/or criminal penalties for misappropriation:misappropriation:• Can be adequately enforced, similarly to health, safety Can be adequately enforced, similarly to health, safety

and other important regulatory areas.and other important regulatory areas.• Patent System is effective for promoting innovation and Patent System is effective for promoting innovation and

economic development, not regulating misconduct.economic development, not regulating misconduct.

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TRIPs and CBDTRIPs and CBD

• Conflict: TRIPs must be amendedConflict: TRIPs must be amended

• New patent disclosures needed New patent disclosures needed regarding:regarding:• Source of origin of genetic materialSource of origin of genetic material• Evidence of prior informed consentEvidence of prior informed consent• Evidence of equitable benefit sharing.Evidence of equitable benefit sharing.

Slide: 69

TRIPs and CBDTRIPs and CBD

• Members Appear to Share Several Broad Members Appear to Share Several Broad Objectives:Objectives:

• Provide Authorized Access While Assuring Provide Authorized Access While Assuring Conservation of BiodiversityConservation of Biodiversity

• Equitable Benefit Sharing for Use of Traditional Equitable Benefit Sharing for Use of Traditional Knowledge and Genetic ResourcesKnowledge and Genetic Resources

• Eliminate Erroneously Issued PatentsEliminate Erroneously Issued Patents

Slide: 70

RecapRecap InnovationInnovationDiffusionDiffusion

Add OnAdd OnProduct/Service DevelopmentProduct/Service Development

Slide: 71

CLASSIFICATION OF INNOVATIONS

Incremental Architectural

Modular Radical

Existing NovelCharacteristics of LinkageAmong Elements: Component Configuration

Ch

arac

teri

stic

s of

Ele

men

ts C

ompo

nent

Kn

owle

dge

MinorChange

NovelChange

Slide: 72

Time

TECHNOLOGY PROGRESSION

Technology Limit

Technology Regime 1

TechnologyRegime 2

Per

form

ance

Met

ric

TechnologyRegime 3

Slide: 73

Concept Investigation &

Feasibility Analysis

Opportunity Recognition or Discovery

Technology Screening & Platform ID

Pre-Development

Financial Analysis

Design & Development of Platform

In-House Platform Testing

Market Launch

Limited Market Test

In-House Product

Test

Design & Development

of Product

Pre-Launch Business

Plan

Decision Point

Decision Point

Decision Point

Decision Point

Decision Point

Decision Point

Decision Point

Decision Point

Product Development

FROM IDEA TO MARKET