WORLD TRADE ORGANIZATION

International treaties & conventions on IPR

PRESENTING BY,Ms.Sonali Diwate B.

M.Pharm (II Sem)

GUIDED BY,Prof. Shrivastav S.K.

MODERN C.O.P.,MOSHI, PUNE-412105

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AIM To Review and Study International Treaties & Conventions On IPR

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CONTENTS…..

1. AIM 2.INTRODUCTION TO PARIS CONVENTION3. INTRODUCTION TO PCT4. PCT PATENT APPLICATION PROCESS5. INTRODUCTION TO WTO/GATT SYSTEM

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PARIS CONVENTION

• The Paris Convention is one of the Intellectual Property Treaty administered by WIPO.

• It was launched in 1883 in order to provide some international harmonizing and streamlining of intellectual property laws.

• There are 169 member countries.

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Principal ProvisionsThe provisions of the Paris Convention may be sub-divided into four main categories:

- a first category contains rules of substantive law which guarantee a basic right known as the

right to national treatment in each of the member country

a second category establishes another basic right known as the right of priority

- a third category defines a certain number of common rules in the field of substantive law

which contain either rules establishing rights and obligations of natural persons and rules

requiring or permitting the member countries to enact legislation following those rules

- a fourth category deals with the administrative framework which has been set up to

implement the Convention, and includes the final clauses of the Convention.

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• The Patent Cooperation Treaty (PCT) is a Global Protection Treaty

administered by WIPO.

• The Patent Cooperation Treaty aims to provide a simplified and less

costly method of preserving the rights to file a patent application in

member countries.

• It seeks to achieve this by providing what is known as a PCT application.

• The Patent Cooperation Treaty has 128 member countries

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Patent Co-operation Treaty [PCT]

• The PCT created a Union.

• The Union has an Assembly.

• Every State party to the PCT is a member of the Assembly.

• Among the most important tasks of the Assembly are the

amendment of the Regulations issued under the Treaty, the

adoption of the biennial program and budget of the Union and the

fixing of certain fees connected with the use of the PCT system.

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WORLD TRADE ORGANIZATION

FACT FILE : THE WTO

Location: Geneva, Switzerland

Established: 1 January 1995

Created by: Uruguay Round negotiations (1986-94)

Membership: 153 countries

Secretariat staff: 625

Introduction to WTOThe WTO is the only global organization concerned in international laws on trade between nations. The

basic mission of the organization is to ensure that trade flows smoothly and freely.

• The organization does this through:

1. Management of agreements on trade.

2. Presence as a forum for trade negotiations.

3. Resolving Trade-related disputes.

4. Review of nation related trade policies.

5. Assisting the developing countries in trade policy-related topics through Technological and

training programs aid.

6. Cooperating with other world organizations. 10

Silent features of WTO

(1) World Trade Organization is a separate legal entity.

(2) It has a legal and institutional foundation of the multi trading system.

(3 All its agreements are permanent and binding to all member countries.

(4) World Trade Organization has global status like IMF, but it is not an agent of UN.

(5) All its members enjoys equal voting rights, irrespective of type and volume of trade.

(6) It has an automatic dispute settlement system.

(7) WTO has a rule based and time bound approach.

(8) It has a wide coverage of not only trade but also service.

(9) WTO focuses an trade related aspects of intellectual property rights.

(10) World Trade organization is a huge organizational body having a large secretariat. 11

Objectives of WTO

1.To implement the new world trade system as visualized in the agreement; to promote world trade in a

manner that benefits every country;

2.To ensure that developing countries secure a better balance in the sharing of the advantages resulting from

the expansion of international trade corresponding to their developmental needs;

3.To improve the level of living for the global population and speed up economic development of the member

nations

4.To enhance competitiveness among all trading partners so as to benefit consumers and help in global

integration;

5.To increase the level of production and productivity with a view to ensuring level of employment in the world;

6.To expand and utilize world resources to the best;12

Functions of WTO

• Administering WTO trade agreements

• Forum for trade negotiations

• Handling trade disputes

• Monitoring national trade policies

• Technical assistance and training for developing countries

• Cooperation with other international organizations

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WTO Principles

• Trade without discrimination

• The principle of transparency through the reduction of customs tariffs

with clear, transparent, and low tariffs.

• The principle of reciprocity: the state reduces customs restrictions and

liberalizes trade; in return, another state does the same (reciprocity).

• The principle of preferential trade treatment

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STRUCTURE OF WTO

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World Trade Agreement

1. World Trade Organization Agreement.

2. General Agreement on Tariffs and Trade (GATT).

3. General Agreement on Trade in Services (GATS).

4. Agreement on Trade Related Aspects of Intellectual Property

Rights (TRIPS).

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General Agreement on Tariffs and Trade

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• GATT membership now includes more than 110 countries.

THERE ARE VARIOUS ARTICLES…….

• Article I -General Most- Favored-Nation Treatment;

• Article III -National Treatment on Internal Taxation and Regulation;

• Article XI -General Elimination of Quantitative Restrictions;

• Article XIII -Non-discriminatory Administration of Quantitative

Restrictions;

• Article XVI -Subsidies;

• Article XX -General Exceptions 19

OBJECTIVES OF GATT

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FUNDAMENTAL PRINCIPLES OF GATT

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OTHER FUNCTIONS OF GATT

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OVERALL IMPACT OF GATT

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