Introduction to International Intellectual Property Framework
1. General Agreement on Tariffs and Trade (GATT)
The General Agreement on Tariffs and Trade (GATT) was established in 1947 as a multilateral treaty designed to regulate international trade and reduce trade barriers. While GATT primarily focused on trade in goods, it laid the foundation for international economic cooperation and eventually evolved into the World Trade Organization.
GATT operated through multiple rounds of negotiations, with each round progressively reducing tariffs and addressing new trade issues. The Uruguay Round (1986-1994) was particularly significant as it expanded the scope beyond tariffs to include services, intellectual property, and other trade-related matters. This round culminated in the creation of the WTO and the TRIPS Agreement.
2. World Trade Organization (WTO)
The World Trade Organization came into existence on January 1, 1995, replacing GATT as the primary international organization governing global trade. Unlike GATT, which was merely an agreement, the WTO is a permanent institution with a legal personality and enhanced powers.
Structure and Functions
The WTO provides a forum for negotiating trade agreements, resolving trade disputes, and monitoring national trade policies. It operates on the principle of non-discrimination, embodied in the Most-Favored-Nation (MFN) treatment and National Treatment principles. With 164 member countries as of recent counts, the WTO represents over 98% of global trade.
Role in Intellectual Property
The WTO's significance in intellectual property stems from its administration of the TRIPS Agreement. The organization's dispute settlement mechanism provides an enforcement mechanism for IP rights that was previously lacking in international IP treaties. This has made TRIPS one of the most comprehensive and enforceable international IP agreements.
3. Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The TRIPS Agreement, which came into force in 1995, represents the most comprehensive multilateral agreement on intellectual property rights. It establishes minimum standards of IP protection that all WTO members must provide and links IP protection to international trade obligations.
Scope and Coverage
TRIPS covers all major categories of intellectual property, including copyright and related rights, trademarks, geographical indications, industrial designs, patents, layout designs of integrated circuits, and undisclosed information (trade secrets). The agreement sets minimum standards for the availability, scope, and use of IP rights while allowing members flexibility in implementation.
Key Principles
The agreement incorporates fundamental principles of international trade law. The National Treatment principle requires members to accord the nationals of other members treatment no less favorable than that accorded to their own nationals. The Most-Favored-Nation principle prohibits discrimination between nationals of different WTO members.
Flexibilities and Public Interest
TRIPS includes important flexibilities that allow countries to balance IP protection with public interest objectives. These include provisions for compulsory licensing, parallel importation, and exceptions to patent rights. The Doha Declaration on TRIPS and Public Health (2001) affirmed that TRIPS should be interpreted to support public health objectives and facilitate access to medicines.
4. World Intellectual Property Organization (WIPO)
The World Intellectual Property Organization, established in 1967 and becoming a UN specialized agency in 1974, is the global forum for IP services, policy, information, and cooperation. Headquartered in Geneva, Switzerland, WIPO has 193 member states and administers 26 international treaties.
Objectives and Functions
WIPO's mission is to promote the protection of intellectual property worldwide through cooperation among states and in collaboration with international organizations. Its functions include promoting IP protection globally, administering international IP treaties, providing legal and technical assistance to developing countries, and facilitating the resolution of private intellectual property disputes.
Global IP Services
WIPO operates several international registration systems that simplify IP protection across multiple jurisdictions. The Patent Cooperation Treaty (PCT) system allows inventors to seek patent protection in multiple countries through a single application. The Madrid System facilitates international trademark registration, while the Hague System does the same for industrial designs.
5. International Treaties for IPR Protection
The international IP framework comprises numerous treaties addressing different aspects of intellectual property rights. These treaties establish international standards and facilitate cross-border protection.
Paris Convention for the Protection of Industrial Property (1883)
One of the oldest IP treaties, the Paris Convention covers patents, trademarks, industrial designs, and unfair competition. It established the principles of national treatment and the right of priority, allowing applicants to use their first filing date in one member country as the effective filing date in other member countries for a limited period (12 months for patents, 6 months for trademarks).
Berne Convention for the Protection of Literary and Artistic Works (1886)
The Berne Convention is the principal international treaty on copyright protection. It establishes that works originating in one member country must be given the same protection in other member countries as those countries give to their own nationals. Importantly, it requires protection without formalities, meaning copyright exists automatically upon creation without requiring registration.
Patent Cooperation Treaty (PCT, 1970)
Administered by WIPO, the PCT simplifies the process of filing patent applications in multiple countries. A single international application has the same effect as national applications filed in designated countries. The treaty provides for an international search and optional international preliminary examination, helping applicants assess the patentability of their inventions.
Madrid Agreement and Protocol (Trademark Registration)
The Madrid System provides a mechanism for registering and managing trademarks worldwide. Through a single application filed with the applicant's national or regional IP office, protection can be extended to multiple countries, significantly reducing the administrative burden and cost of international trademark protection.
WIPO Copyright Treaty (WCT, 1996)
The WCT addresses copyright protection in the digital environment, updating the Berne Convention for the internet age. It recognizes the right of distribution, rental rights, and the right of communication to the public including online transmission. It also requires member states to provide legal remedies against circumventing technological protection measures.
WIPO Performances and Phonograms Treaty (WPPT, 1996)
The WPPT, often called the "internet treaty" along with WCT, grants performers and phonogram producers rights in the digital environment. It ensures that performers and producers of sound recordings have exclusive rights over their performances and recordings in the online world.
6. Interplay Between International IP Institutions
The relationship between GATT/WTO, TRIPS, and WIPO represents a complex but complementary system. WIPO focuses on the promotion, administration, and development of IP rights through technical cooperation and treaty administration. The WTO, through TRIPS, provides the enforcement mechanism and links IP protection to trade policy.
This dual system has both advantages and challenges. The advantage lies in WIPO's technical expertise combined with WTO's enforcement capability. However, tensions can arise between developing countries seeking flexibility in IP standards and developed countries pushing for stronger enforcement. The cooperation agreement between WIPO and WTO (1995) helps coordinate their activities and avoid duplication of efforts.
Understanding these institutions and treaties is essential for navigating the modern intellectual property landscape. They collectively create a framework that balances the interests of creators, users, and society while facilitating innovation and cultural exchange in an increasingly interconnected world.
