Tuesday, January 4, 2011

Drafts under WIPO

*       Draft Treaty on Certain Questions Concerning the Protection of Literary and            Artistic Works
*       Draft Treaty for the Protection of the Rights of Performers and Producers of            Phonograms
*       Draft Treaty on Intellectual Property in Respect of Databases
*       Draft on Patent Law Treaty

Copyright

*       Berne Convention for the Protection of Literary & Artistic Works (as revised in        1971 and amended in 1979) (earlier version, Stockholm 1967 revision)
*       Universal Copyright Convention (1952) as revised in (1971)
         WIPO Copyright Treaty 1996
*       WIPO Performances and Phonograms Treaty 1996



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Treaties Establishing International Classifications

*       Strasbourg Agreement Concerning the International Patent Classification (1971)
*       Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Narks (1957)
*       Vienna Agreement Establishing an International Classification of the Figurative        Elements of Marks (1973)
*       Locarno Agreement Establishing an International Classification for Industrial           Designs (1968)

Treaties Facilitating the Acquisition of Industrial Property Protection in Several Countries

In the Field of Patents
*       Patent Cooperation Treaty ("PCT") (1970)
*       Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977)
In the Field of Trademarks
*       Madrid Agreement Concerning the International Registration of Marks (1891)
*       Protocol Relating to the Madrid Agreement Concerning the International      Registration of Marks (1989)
In the Field of Appellations of Origin
*       Lisbon Agreement for the Protection of Appellations of Origin and their       International Registration (1958)
In the Field of Industrial Designs
*       Hague Agreement Concerning the International Deposit of Industrial Designs           (1925)

Treaties Facilitating the Acquisition of Industrial Property Protection in Several Countries

Treaties Providing for the Substantive Protection of Industrial Property

*       Paris Convention for the Protection of Industrial Property (1883)
*       Berne Convention for the Protection of Literary and Artistic Works, (1886)
*       Madrid Agreement for the Repression of False or Deceptive Indications of Source   on Goods (1891)
*       Madrid Agreement Concerning the International Registration of marks and Protocol Relating to the Madrid Agreement, (1891) as amended in (1979)
*       Convention Establishing World Intellectual Property Organization, (1967)
*       Nairobi Treaty on Intellectual Property of the Olympic Symbol (1981)
*       Washington Treaty on Intellectual Property in Respect of Integrated Circuits (1989)
*      
*       Trademark Law Treaty ("TLT") (1994)
*       Trade Related Aspects of Intellectual Property (TRIPs) (1994)
*       WIPO Copyright Treaty (1996)
*       WIPO Performances and Phonograms Treaty (1996)

Development of International Conventions on Intellectual Property Rights

Local or national protection of intellectual property rights considered inadequate and ineffective that realized protection of intellectual property rights in multilateral or international level. Paris Convention is first of such conventions and recently after that Bern Convention concluded.
Since the Paris Convention, 1883 the intellectual property regime divided into two parts: one industrial intellectual property as guaranteed and organized under Paris Convention and next, non-industrial intellectual property right, i.e. copyright as excluded by Paris Convention but included and organized under Berne Convention, 1886.
Instead of these two conventions and classification of intellectual property rights there are dozens of intellectual property rights conventions developed today. Among them Trade Related Aspects of Intellectual Property Rights, (TRIPs) 1994 is one of the important agreements.
Arther Dunkel, the then Director-General of GATT, drafted a proposal relating intellectual property rights with trade. It created a hot debate between developed (North) and developing (South) countries. Developed countries especially US pleaded to assimilate intellectual property within the regime of GATT while developing countries tried to oppose it. But ultimately the North succeeded to include intellectual property within the regime of GATT, now WTO. TRIPs has made all intellectual property rights as trade related rights and has ended the distinction made by Paris and Berne Conventions on industrial and no-industrial intellectual property rights.