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This website is designed to guide users through the
area of international treaties, conventions, standards and guidelines
applicable to biotechnology. |
Title: World Intellectual Property Organisation (WIPO). |
Summary of Provisions:WIPO works to harmonise intellectual property rights, standards and legal provisions internationally. It does this because: "This international protection acts as a spur to human creativity, pushing forward the boundaries of science and technology and enriching the world of literature and the arts." (http://www.wipo.org/about-wipo/en/). WIPO currently oversees 23 treaties covering aspects of intellectual property protection, however it is not obligatory for member states of WIPO to be parties to these treaties. In the area of patents the most significant treaties are the Patent Cooperation Treaty (PCT) and the Patent Law Treaty. WIPO classifies the PCT as a 'global protection system treaty' and it allows patents to be applied for through a single international route as an alternative to the submission of separate applications to each state in which the patent is desired.WIPO sees new technologies as having a significant impact on the development of effective intellectual property regulations. Recognising new issues for intellectual property rights emerging from the biotechnology revolution WIPO established an Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore in 2000. Another WIPO treaty relevant to the area of biotechnology is the 1977 Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purpose of Patent Procedure. This Treaty means that states that require deposit of the microorganism for which a patent is being applied must accept its deposit in an International Depositary rather than on a national basis. Patents are still held on a national basis and overseen on a national
basis and disputes over infringement are also dealt with nationally but
WIPO encourages dispute settlement to be done as cheaply and quickly as
possible and facilitates this through its Arbitration and Mediation Centre.
WIPO recognises that developing states may need assistance with creating
national capacities for intellectual property protection and provides
training, advice and an Internet-based information service known as WIPONET. Summary of Development:The earliest international laws created to protect intellectual property
were the Paris Convention for the Protection of Industrial Property (1883)
and the Berne Convention for the Protection of Literary and Artistic Works
(1886). An international organisation was established to oversee these
two conventions in 1893, the United International Bureau for the Protection
of Intellectual Property (BIRPI). BIRPI became WIPO which was established
by Convention in 1967. In 1974 WIPO became a specialised agency of the
United Nations. WIPO now works alongside the World Trade Organisation
and its Agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPS). Current Status:WIPO has 184 members. They are not automatically parties to the treaties it oversees. For example the Patent Cooperation Treaty has 139 contracting parties, the Budapest Treaty has 72 contracting parties, and the Patent Law Treaty has 19 contracting parties. It entered into force on 28th April 2005. Precursors:The United International Bureau for the Protection of Intellectual Property (1893). World Intellectual Property Organisation Related Summaries on the Genomics Gateway Site:Trade Related Aspects of Intellectual Property Rights (TRIPS) Page last updated 26th March 2009. Comments/enquiries to catherine.rhodes-2 'at' manchester.ac.uk |