Flashcards in General Notes Deck (137)
WIPO, a specialized agency of the United Nations, is dedicated to the promotion of innovation and creativity for the economic, social and cultural development of all countries through a balanced and effective international IP system. This first section of the course will discuss the mandate, structure, financing and activities of WIPO. Among topics to be considered are the following: Objectives; Main Activities; Organizational Structure and Budget; History; Legal Status; Treaties Administered by WIPO.
Relations with the UN, WTO, and Other Intergovernmental Entitites?
This section will take a more detailed look at the cooperation between WIPO and WTO. WTO is one of WIPO’s principal institutional partners. The framework of WIPO-WTO cooperation is based on a 1995 Agreement between WIPO and WTO that entered into force in 1996. It provides, in particular, for cooperation in the implementation of the TRIPS Agreement, which is officially administered by WTO. Such cooperation includes notification of laws and regulations, legal-technical assistance and technical cooperation in favor of developing countries. Among others, we will take a detailed look at what it means for WIPO to be a specialized agency of the United Nations, and the practical aspects of cooperation between WIPO and WTO, as well as other IGOs.
The TRIPS Agreement is arguably the most debated and the most controversial of all the WTO Agreements. It also happens to be the only Agreement in the set of WTO multilateral Agreements that has been amended since the WTO came into existence in 1995 – the amendment entered into force in January 2017. This section will take a detailed look at the TRIPS Agreement. Among topics to be discussed are the following: General Provisions, Basic Principles and Final Provisions (including the Concept of Intellectual Property: Patents, Copyright and Related Rights, Trademarks, Industrial Designs, Geographical Indications); Standards Concerning the Availability, Scope and Use of IP Rights; Transitional Arrangements; Institutional Arrangements & Final Provisions.
The discussion will also cover the IP and Public Health interface, including the Doha Declaration, Compulsory Licensing and the WTO cases relating to the Australian Tobacco Plain Packaging Act 2011. There will be a simulated panel hearing of the Plain Packaging cases, on which a ruling has been expected from the WTO Panel for the last several months.
Dispute Resolution under the Auspices of WIPO
There is a growing need for quick and inexpensive ways of settling commercial disputes involving IP rights, and providing private parties with an alternative to often lengthy and costly court proceedings. Alternative Dispute Resolution (ADR) is widely perceived to be one of the most appropriate means of resolving IP disputes because it (a) is appropriate for most IP disputes, (b) enhances party control/autonomy, (c) is time/cost-effective, and (d) is often less adversarial than court litigation. Among topics to be discussed are: The WIPO Arbitration and Mediation Center as the world’s leading provider of Internet domain name dispute resolution services; and Alternative Dispute Resolution of IP disputes.
IP and Development
“Development” has become one of the most debated issues in the international arena. In the UN context, there is the UN Sustainable Development Goals (SDGs). In the WTO context, there is the Doha Development Agenda: and in the WIPO context, there is the WIPO Development Agenda.
A Fundamental premise underlying IP throughout its history has been that the recognition and rewards associated with ownership of inventions and creative works stimulate further inventive and creative activity that, in turn, stimulates economic development. It is today widely accepted that knowledge and inventions play an important role in economic growth.
Over 75% of WIPO and WTO’s Members are developing or least-developed countries. There are several provisions in the WIPO and WTO Agreements that speak to the special position of these countries. What specific role does IP play in development and vice versa? Why has development become such a buzzword in IOs today? What is the likely impact of the development agenda in WIPO?
What is the pros and cons of enforcement?
What is the UN Sustainable Development Goals (SDGs) ?
What is the Doha Development Agenda?
What is the WIPO Development Agenda?
In the WTO and WIPO context how they see the development?
What specific role does IP play in development and vice versa?
Why has development become such a buzzword in IOs today?
What is the likely impact of the development agenda in WIPO?
What is ADR ?
What is the benefits of ADR?
(a) is appropriate for most IP disputes,
(b) enhances party control/autonomy,
(c) is time/cost-effective, and
(d) is often less adversarial than court litigation
What is the WIPO Arbitration and Mediation Center ?
What is the Internet domain name dispute resolution services?
What is the general provisions of the TRIPS ?
What is the basic principles and final provisions?
What is transitional arrangements ?
What is Institutional Arrangements ?
What is the objectives of WIPO?
What is the main activities of WIPO?
What is Organizational Structure and Budget of WIPO ?
What is the History ofWiPO?
What is the legal status of WIPO?
What treaties administered by WIPO?
What is the relations between WIPO and UN ?
What is the relations between WIPO and WTO ?