INTERNATIONAL ORGANIZATIONS, AGENCIES AND TREATIES
There are a number of International organizations and agencies that promote the use and
protection
of intellectual property. Although these organizations are discussed in more detail in the chapters
to follow, a brief introduction may be helpful:
International Trademark Association (INTA) is a not-for-profit international association
composed chiefly of trademark owners and practitioners. It is a global association. Trademark
owners and professionals dedicated in supporting trademarks and related IP in order to protect
consumers and to promote fair and effective commerce. More than 4000 (Present 6500 member)
companies and law firms more than 150 (Present 190 countries) countries belong to INTA,
together with others interested in
promoting trademarks. INTA offers a wide variety of educational seminars and publications,
including many worthwhile materials available at no cost on the Internet. INTA members have
collectively contributes almost US $ 12 trillion to global GDP annually. INTA undertakes
advocacy [active support]
work throughout the world to advance trademarks and offers educational programs and
informational and legal resources of global interest. Its head quarter in New York City, INTA
also has offices in Brussels, Shanghai and Washington DC and representative in Geneva and
Mumbai. This association was founded in 1878 by 17 merchants and manufacturers who saw a
need for an organization. The INTA is formed to
protect and promote the rights of trademark owners, to secure useful legislation (the process of
making
laws), and to give aid and encouragement to all efforts for the advancement and observance of
trademark
rights.
World Intellectual Property Organization (WIPO) was founded in 1883 and is specialized
agency of the United Nations whose purposes are to promote intellectual property throughout the
world and to administer 23 treaties (Present 26 treaties) dealing with intellectual property. WIPO
is one of the 17 specialized agencies of the United Nations. It was created in 1967, to encourage
creative activity, to promote the protection of Intellectual Property throughout the world. More
than 175 (Present 188) nations are members of WIPO. Its headquarters in Geneva, Switzerland,
current Director General of WIPO is Francis Gurry took charge on October 1, 2008. The
predecessor to WIPO was the BIRPI [Bureaux for the Protection of Intellectual Property] it was
established in 1893. WIPO was formally created by the convention (meeting) establishing the
world intellectual Property organization which entered into force on April 26 1970.
Berne Convention for the Protection of Literary and Artistic Works (the Berne
Convention) An International copyright treaty called the convention for the protection of
Literary and Artistic works signed at Berne, Switzerland in 1886 under the leadership of Victor
Hugo to protect literary and artistic works. It has more than 145 member nations. The United
States became a party to the Berne Convention in 1989. The Berne Convention is administered
by WIPO and is based on the precept that each
member nation must treat nation must treat nationals of other member countries like its own
nationals for purposes of copyright (the principle of “nation treatment”). In addition to
establishing a system of equal treatment that internationalized copyright amongst signatories, the
agreement also required member states to provide strong minimum standards for copyrights law.
It was influenced by the French “right of the author”.
Madrid Protocol : It is a legal basis is the multilateral treaties Madrid (it is a city situated in
Spain) Agreement concerning the International Registration of Marks of 1891, as well as the
protocol relating to
the Madrid Agreement 1989. The Madrid system provides a centrally administered system of
obtaining a bundle of trademark registration in separate jurisdiction. The protocol is a filing
treaties and not substantive harmonization treaty. It provides a cost-effective and efficient way
for trademark holder. It came into existence in 1996. It allows trademark protection for more
than sixty countries, including all 25 countries of the European Union.
Paris Convention: The Paris convention for the protection of Industrial Property, signed in
Paris, France, on 20th March 1883, was one of the first Intellectual Property treaties, after a
diplomatic conference in Paris, France, on 20 March 1883 by Eleven (11) countries. According
to Articles 2 and 3 of this treaty, juristic (one who has through knowledge and experience of law)
and natural persons who are either national of or domiciled in a state partyto the convention. The
convention is currently still force. The substantive provisions of the convention fall into three
main categories: National Treatment, Priority right and Common Rules.
An applicant for a trademark has six months after filing an application in any of the more than
160 member nations to file a corresponding application in any of the other member countries of
the Paris
Convention and obtain the benefits of the first filing date. Similar priority is afforded for utility
patent applications, although the priority period is one year rather than six months. The Paris
Convention is administered by WIPO.
North American Free Trade Agreement (NAFTA) came into effect on January 1, 1994, and is
adhered to by the United States, Canada, and Mexico. The NAFTA resulted in some changes to
U.S. trademark law, primarily with regard to marks that include geographical terms. The NAFTA
was built on the success of the Canada-U.S Free Trade Agreement and provided a compliment to
Canada’s efforts through the WTO agreements by making deeper commitments in some key
areas. This agreement has brought economic growth and rising standards of living for people in
all three countries.
General Agreement on Tariffs and Trade (GATT) was concluded in 1994 and is adhered to by
most of the major industrialized nations in the world. The most significant changes to U.S
intellectual property law from GATT are that nonuse of a trademark for three years creates a
presumption the mark has
been abandoned and that the duration of utility patent is now twenty years from the filing date of
the application (rather than seventeen years from the date the patent issued, as was previously the
case).
