WIPO and TRIPS – Detailed Notes
Introduction
Intellectual Property Rights (IPR) have become a core part of global trade and innovation. To ensure uniform protection at the international level, institutions like the World Intellectual Property Organization and agreements like the TRIPS Agreement play a decisive role.
These frameworks ensure that creativity, innovation, and industrial development are protected across nations.
(1) World Intellectual Property Organisation (WIPO)
Meaning and Importance
The World Intellectual Property Organization is an important international organisation from the point of view of protection of intellectual property rights.
It is said that in the ninth decade of the nineteenth century, two major international efforts were made through conventions:
• Paris Convention (1883)
• Berne Convention (1886)
Many amendments were made in these conventions from time to time. Gradually, their provisions were brought under an international authority, which was established on 16 July 1967 at Stockholm. Thus, WIPO was formed through an international treaty and later became a specialized agency of the United Nations.
Predecessor Organisation – BIRPI
Before the establishment of WIPO, there existed an organisation known as:
• BIRPI (Bureaux Internationaux Réunis pour la Protection de la Propriété Intellectuelle)
It was functioning under the control of the Government of Switzerland and was responsible for supervising the implementation of the Paris and Berne Conventions.
Later, WIPO replaced BIRPI to provide a more structured and global framework for intellectual property protection.
Role and Functions of WIPO
WIPO plays a crucial role in:
• Protection of intellectual property rights worldwide
• Administration of international treaties
• Promoting cooperation among member countries
• Encouraging innovation and creativity
• Facilitating international agreements related to copyright and industrial property
Under its patronage, treaties were signed in Geneva relating to:
• Rights of authors (copyright)
• Rights of artists and literary persons
Scope of Intellectual Property under WIPO
As per Article 2(7) of the WIPO Convention, intellectual property includes rights relating to:
• Literary, artistic, and scientific works
• Performances of actors, broadcasting, and cinema
• Inventions in all fields of human effort
• Scientific discoveries
• Industrial designs
• Trademarks, service marks, and trade names
• Protection against unfair competition
• All other rights arising from intellectual creativity
Practical Importance of WIPO
In practical terms:
• WIPO ensures global recognition of IP rights
• It simplifies cross-border protection
• Helps developing countries align with international standards
Without WIPO, international IP protection would be fragmented and ineffective.
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(2) TRIPS Agreement
Meaning and Origin
The TRIPS Agreement is one of the most significant international agreements concerning intellectual property.
It was introduced under the World Trade Organization, which was established in April 1994 during the Uruguay Round. The WTO headquarters is located in Geneva.
TRIPS deals with the commercial aspects of intellectual property rights, linking IP law directly with global trade.
Key Features of TRIPS
1. National Treatment Principle
• Citizens of member states must be treated equally
• Foreign nationals get the same IP protection as domestic citizens
2. Adoption of Paris Convention Principles
TRIPS incorporates provisions of the:
• Paris Convention
This means member countries must follow basic international IP standards.
3. Binding Nature
Unlike WIPO (which promotes IP protection), TRIPS is:
• Legally binding
• Enforceable through WTO dispute mechanisms
4. Minimum Standards
TRIPS sets minimum standards for:
• Copyright
• Trademarks
• Patents
• Industrial designs
• Trade secrets
5. Enforcement Provisions
Part II of TRIPS deals with:
• Availability of rights
• Scope of protection
• Enforcement mechanisms
Article 2 of TRIPS requires compliance with:
• Articles 1–12 of the Paris Convention
• Relevant provisions of international IP law
Impact of TRIPS on India
Before TRIPS:
• India was not strictly bound by the Paris Convention
After signing TRIPS:
• India became obligated to provide equal protection to foreign nationals
• Major amendments were made in Indian IP laws
This significantly strengthened India's intellectual property regime.
Objectives of TRIPS
• To establish uniform IP protection globally
• To link intellectual property with international trade
• To reduce trade distortions
• To promote innovation and technology transfer
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WIPO vs TRIPS (Comparison Table)
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MCQs related to WIPO and TRIPS
1. WIPO was established in:
A. 1945
B. 1967
C. 1994
D. 2000
Answer: B
2. TRIPS is associated with:
A. UN
B. WTO
C. WHO
D. IMF
Answer: B
3. Paris Convention deals with:
A. Copyright
B. Industrial Property
C. Patent only
D. Trade
Answer: B
4. Berne Convention deals with:
A. Trademark
B. Patent
C. Copyright
D. Trade secret
Answer: C
5. TRIPS came into force in:
A. 1986
B. 1994
C. 2001
D. 2010
Answer: B
6. WIPO is a part of:
A. WTO
B. IMF
C. United Nations
D. World Bank
Answer: C
7. TRIPS ensures:
A. Tax benefits
B. Equal IP protection
C. Export promotion
D. Import control
Answer: B
8. BIRPI was replaced by:
A. WTO
B. WIPO
C. UN
D. IMF
Answer: B
9. TRIPS is related to:
A. Criminal law
B. Trade law
C. Constitutional law
D. Environmental law
Answer: B
10. WTO headquarters is in:
A. Paris
B. Geneva
C. New York
D. London
Answer: B
FAQs related to WIPO and TRIPS
1. What is WIPO?
- WIPO is a UN agency that promotes protection of intellectual property rights worldwide.
2. What is TRIPS Agreement?
- TRIPS is an international agreement under WTO dealing with trade-related intellectual property rights.
3. When was WIPO established?
- WIPO was established in 1967.
4. What is the main aim of TRIPS ?
- To ensure uniform protection and enforcement of intellectual property globally.
5. Which conventions led to WIPO?
- Paris Convention (1883) and Berne Convention (1886).
6. Is TRIPS binding?
- Yes, TRIPS is legally binding on WTO member countries.
7. What is national treatment under TRIPS?
- Equal treatment of domestic and foreign nationals.
8. How did TRIPS affect India?
- It forced India to amend its IP laws to meet global standards.
9. What is the difference between WIPO and TRIPS?
- WIPO promotes IP, TRIPS enforces IP.
10. Why is WIPO important?
- It ensures global cooperation and protection of intellectual property rights.
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