Paris Convention
Paris Convention
Paris Convention
back from the year 1883 when the P
The origin and recognition of IP goes way back Paris Convention
for protection of IP came into existenc
existence. This convention was signed by 140 states which agreed
agr
to implement its provisions. However, India had not signed this convention. By this convention,
the term of ‘industrial property was used in the broadest sense. Article 1(2) states that “the
industrial property’
protection of industrial property has as its objects patents, utility models, industrial designs,
trade marks, service
ice marks, trade na
names,
mes, indications of source or appellations of origin and
repression of unfair competition
etition”
2. Berne Convention
The Paris Convention did not cover the aspect of copyright. Then came the Berne Convention of
1886 and it was in fact the first international convention covering the laws of C
Copyright. India is
a member of this convention
ention besides
be 120 other states.. The Berne Convention followed in the
Property of 1883, which in the
footsteps of the Pairs Convention for Protection of Industrial Property
y had created a framework for international integration of the other types
same way typ of IP: patents,
trademarks, industrial design.
4. Rome Convention
Then the Rome Convention came into effect on October 26, 1961 wherein the Contracting States
ct the rights of performers, producers of phonograms and broadcasting
desired to protect
manne affecting the rights conferred on the authors of the literary
organizations without in any manner,
or artistic work.
5. World Trade Organisation (WTO)
TO replaced the General Agreement for Traffic and Trade (GATT) in the year 1995. GATT
WTO
had come into effect in the year 1947 which regulated the internati onal trade. However,
international Howeve over the
years the need for replacement of GATT was felt and WTO was introduced.
introduced
The WTO is an international organisation which intends to supervise and liberalize international
trade amongst member States. The organisation deals withh regulation of trade between
betwee
es by providing framework for negotiating and formalizing trade agreements
participating countries
participant’s adherence to WTO agreements,
and a dispute resolution process aimed at enforcing participant
representatives of member governments and ratified by their parliaments.
which are signed by representatives
6. Trade Related
d Aspects of Intellectual Property Rights (TRIPS)
The Agreement on TRIPS is based on and has adopted the provisions of Paris Convention. It is
IPS is one of the most useful
and international agreement administered by the WTO. In fact TRIPS
and effective global agreement of WTO. It provides minimum standards for many forms of IP
regulation as applied to nationals of other WTO members. quires WTO member to
members TRIPS requires
provide copyright
ht rights, covering
cove rs, producers of sound
content producers including performers,
recordings and broadcasting organisation; geographical indications, industrial designs; integrated
circuit layout designs;; patents; new plant varities; trade marks; and confidential information.
The three main features of TRIPS Agreement are:
Standards – In respect of each of the main areas of IP covered by the TRIPS Agreement,
the Agreement sets out the minimum standards of protection to be provided by each
he main elements of protection is defined, namely the subject matter to
Member. Each of the
be protected, the rights to be conferred and ptions to those rights, and the
a permissible exceptions
he Agreement sets these standards by first, requiring ,
minimum duration of protection. The
ve obligations of the main Conventions of the WIPO, Paris Convention
that the substantive
and the Berne Conventions in their most recent versions.
Enforcement – The second
sec main set of provisions deals with domestic procedures and
remedies for the enforcement
enfo of IPR. The Agreement lays down certain general
principles
nciples applicable to all IPR enforcement procedures.
utes between WTO Members
Dispute settlement – The Agreement makes disputes Membe in respect
of the TRIPS obligations subject to the WTO’s
WTO s dispute settlement procedure.
7. World
d Intellectual Property Organization
the protection of IP throughout tthe world”. WIPO is
The WIPO’ss basic aim was to provide “the
formally created
ed by the convention establishing the WIPO, which
ch entered into force on April 26,
1970. WIPO became a specialized agency of the UN in 1974. WIPO currently has 187 member
tered at Geneva. The Agreement between the UN and the WITO is noted in
states and is headquartered
Article 1.
The Agreement marked a transition for WIPO from protection of IP, to one that involved the
more complex task of promoting
promot technology transfer and economic development. WIPO has
established WIPOnet, global information network. The projectt seeks to link 300 IP offices in
WIPO member states.
tes. In addition to providing
prov a means of secure communication among all
concerned parties. WIPOnet is a foundation for WIPO’s
WIPO IP services.