Along with other economic institutions, World Intellectual Property Organization takes a decisive role in IEL and cooperates with other organizations in the scope of Intellectual Property. WIPO is one of the specialized agencies of the United Nations with states whose mandate is to promote and facilitate the protection of intellectual property rights. However, WIPO, being one of the United Nation’s special agencies distinguish from them by the uncommon structure, mechanisms of operation and other institutional factors and activities. Within the context and framework of WIPO, 186 member states set proper policy and regulate treaties concerned on intellectual property issues. Despite of that the significance of intellectual property and its protection increase in the second half of the 19 century, the foundation of organization concerning the matters of intellectual property took a durable term.
WIPO procedures, mandate and governing bodies are set out in the Convention, which was signed in Stockholm and established WIPO in 1967. In accordance with the Article 3 of Convention establishing the World Intellectual Property Organization, the objectives of latter are a following:
• to promote the protection of intellectual property throughout the world through cooperation among States and, where appropriate, in collaboration with any other international organization
• To ensure administrative cooperation among the Unions.
As to mandate of WIPO It should be acknowledged that the promotion of innovation and creativity through international cooperation by recognizing the right of the inventor and creator to obtain legal protection and encourage access to technology and investment therefore assisting fair trade.
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...ed issues. Such matters as transfer of technologies, traditional knowledge and folklore and access to medicine are all occurred from the anxiety and priorities, necessities and concern of the developing countries took place Within the Doha Development Agenda
Participation of Civil society or non-governmental organization (NGO) is allowed at WIPO thus, revealing the limpidity of WIPO along with other agencies of UN. Some 250 NGOs and IGOs currently have official observer status at WIPO meetings.
Above mentioned aspect may only lead to the conclusion that the WIPO can be considered as unique United Nations agency, with broad issues concerned intellectual property rights. The dispute resolution system within the WIPO and largely self-financing system of this organization highlights the uniqueness of WIPO in comparison with other agencies of United Nations.
Foster, Sharon E. "Prelude to Compatibility between Human Rights and Intellectual Property." Chicago Journal of International Law 9.1 (2008): 171-211. ProQuest.Web. 30 Oct. 2013.
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws .The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. section 1051 et seq) also known as the trademark act of 1946 provides protection for trademarks. A trademark is defined as a name, a word, a symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured and sold by others. (Miaoulis 1978)
The Self-Description – “The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business.” (1) For more information see: http://www.wto.org/english/res_e/doload_e/inbr_e.pdf
Intellectual property abounds in our society, it is the direct result of the expression of an idea or other intangible material (Zuber, 2014). Our laws provide rights which are specific to the owner of the intellectual property. Furthermore, intellectual property is protected by laws just like tangible property is protected (Lau & Johnson, 2014). The most widely known forms of intellectual property rights include: trade secrets for confidential information, patents for a process/invention, copyrights for creative items and trademarks for brands (Lau & Johnson, 2014). While these rights may appear very defined, there are times when questions
On top of that, the formation of WTO had led to the decision to collectively associate all countries to all new (and previous) agreements irrespective of whether the countries in question had participated in the negotiations or shown any interest in these agreements. This led to dramatically increased obligations and implementation costs for most developing countries. Furthermore, not only non-governmental organizations (NGOs), but also academic circles considered the results to be balanced in favour of the developed coun- tries. Especially the agreement on intellectual property (TRIPS) was characterized as alien to the world trading system.
” Seeing the economic-development tactic that developing countries employ, it is in the developing countries’ best interests to stop them. Under vigorous lobbying by the United States and other developed countries, TRIPS, Trade-Related Aspects of Intellectual Property Rights, was negotiated in 1994. TRIPS Agreement covers copyright, related rights, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits, and undisclosed information (“Overview of TRIPS”). In order to be a member of the World Trade Organization, a country must agree to the TRIPS Agreement and provide protection to intellectual property in the above areas. The ratification of TRIPS Agreement impacted the present situation of Intellectual Property because this is the agreement that enforced Intellectual Property Protection worldwide with 164 members (“Membership”), and the debate between developing countries and developed countries could only have been prompted because of the global implementation of Intellectual Property Rights Protection. If Intellectual Property Rights were never globally protected by the TRIPS Agreement, developing countries would have continued with imitating and would never have argued
International organizations usually regulated by treaty, help to create international law. Matters concerning dispute resolution must be agreed upon as companies seek to do business together. The manner by which laws are applicable should be recognized and agreed upon before disputes arise. ...
(i) Foster creativity and innovation, promote trade in goods and services that are the subject of intellectual property rights.
Although states are traditionally seen as the primary subjects of international law, as they have international legal personality which include rights and responsibilities, organisations such as the UN have been shown to possess duties and rights and have a distinct personality. This is also starting to be the case increasingly with MNCs as they have limited personality. Microsoft as a corporation is seemingly moving towards being treated as a subject of international law. Microsoft can bring proceedings against a State before the International Centre for Settlement of Investment disputes, and has the capacity to bring claims against a state. Microsoft has the capacity to dispute with international bodies, so they can be considered as a subject endowed with international legal personality.
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
The criteria concerning the legal personality of an international organization: the communion between countries that are permanent, with the appropriate destination or contrary contrary to the applicable law, apply, and comes equipped with Organs organ. Separation or distinction in the legal authority nor the intent and purpose of international organizations is itself on the one hand by its member states. Rule of law can be implemented by the international organization itself, not just in relation to the national legal systems of one or more countries, but also at the international
Protection of intellectual property rights in India continues to be strengthened further. The year 1999 witnessed the consideration and passage of major legislation with regard to protection of intellectual property rights in harmony with international practices and in compliance with India's obligations under TRIPS.
Intellectual property law includes the legal rules which determine the nature and scope of a particular class of immaterial or incorporeal objects; what the requirements are for the creation or establishment of such projects; which person or persons will acquire and enjoy rights in respect of such objects; what the content of such rights will be; how and when such rights may be enforced, and how such rights will be terminated.
This essay will try to discuss the above statement in the context of the nature of international law in the unipolar world. Firstly, the basic definitions will be placed into the essay such as the definition of international law together with its sources, questions on it and the definition of the unipolar world.
Therefore it can be seen that the remedies available to IPs to gain their rights and save their legal issues in only effective when political will of nation states allows international law to be effective in their own states. Accessibility to UN is also a problem. So sovereignty is seen as the ability to remedy IPs issues and also as the obstacle to saving them.