WTOThe World Trade Organization (WTO) is the only globalinternational organization dealing with the rules of trade betweennations. At its heart are the WTO agreements, negotiated andsigned by the bulk of the world’s trading nations and ratified intheir parliaments. The goal is to help producers of goods andservices, exporters, and importers conduct their business.
General Information About WTO Location: Geneva, Switzerland Established: 1 January 1995 Created by: Uruguay Round negotiations (1986– 94) Membership: 148 countries (since 13 October 2004) Budget: 169 million Swiss francs for 2005 Secretariat staff: 630 Head: Pascal Lamy (director-general)
Functions• Administering WTO trade agreements• Forum for trade negotiations• Handling trade disputes• Monitoring national trade policies• Technical assistance and training for developing• Cooperation with other international organizations countries
Sole Of WTOthe WTO is a place where membergovernments go, to try to sort out thetrade problems they face with eachother.At its heart are WTO agreements,negotiated and signed by the bulkof the world’s trading nations.But the WTO is not just aboutliberalizing trade, and in somecircumstances its rules supportmaintaining trade barriers —for example to protect consumers or prevent the spread of disease.
Base Of WTO Is GATTGATTThe General Agreement on Tariff And TradeWas introduce in 1948 as a result of the international desire liberalizes trade.
Objectives1-Rising standards of living2-Ensure full employment and a large and steadily growing volume of real income and effective demand3-Developing full use of the resources of the world.4-Expansion of production and international trade.
Principles1-Non discriminationno member country shall discriminate between the GATT2-Prohibition quantative restrictionsGATT rules sought to prohibit quantative restrictions as far as possible3-Consultationproviding a forum for consultation.
WTO Objectives1-To help trade flow as freely as possible2-To achieve further liberalization gradually through negotiation.3-To set up the impartial means of settling disputes.
Principles of WTO1-Non Discriminationmost favorite nation2-Free trade, predictable policies encouraging competition.3-Extra provision of less developed countries.
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
Covering area of WTOFor goods (under GATT)• Agriculture• Health regulations for farm products (SPS)• Textiles and clothing• Product standards (TBT)• Investment measures• Anti-dumping measures• Customs valuation methods• Preshipment inspection• Import licensing• Subsidies and counter-measures• Safeguards
Covering area of WTOFor services (the GATS annexes)• Movement of natural persons• Air transport• Financial services• Shipping• Telecommunications
Elements Of WTO1- Intellectual property Patents Copyrights Trademarks Industrial design Integrated circuits Trade secrets2- TRIPS
Intellectual PropertyAn intellectual property is any product of human intellect and has some value in the marketplace. orRights given to creators to prevent others from using there inventions , designs or creations are known as intellectual property rights.
Intellectual Property An idea Invention Expression or literary creation Unique name Business method Industrial process Chemical formula Computer program process presentation
TRIPSAgreement on trade related aspects of intellectual property rights.
Objectives of TRIPSThe protection and enforcement of intellectual property rights should contribute to: The promotion of technological innovation The transfer and dissemination of technology The mutual advantage of producers and users Social and economic welfare To prevent abuse of intellectual property right
Scope of TRIPSThe TRIPS agreement covers 5 elements Basic principles of trading system applicable to intellectual property protection Protection of specific intellectual property rights Enforcement of intellectual property rights Settlement of dispute on intellectual property between the members of WTO Special transitional arrangements
Minimum standards for the protectionof intellectual property rightsTRIPS requires all WTO members to provide certain minimum standards of protection and effective enforcement for: Patents Copyrights Trademark Industrial design Integrated circuits Trade secrets Geographical indications
Patents For an invention whether product or process to be registered as a patent It must be new It must involve an inventive step It must be capable of industrial application
Non Patents Diagnostic or surgical methods of treatment Plant and animal inventions other then micro-organisms Sui generis system provided by international union for the protection of new varieties of plants (UPOV).
Elements of Patents1-Invention:Any new and useful invention including chemical product ,art process ,method or manner of manufacture ,2-Process:Any art ,process or method of new manufacture of a product and includes a new use of a known procees or a product.3-Product:Any substance ,article ,machine or a chemical product.
Duration of a Patents As required by TRIPS term of a patent is 20 years from the date of application But terms of the patents granted under the old 1911 act shall remain 16 years
CopyrightCopyright is that area of law which provides protection to original works of authorship including books ,paintings ,architecture ,musical composition and copyright software etc.
CopyrightThe subject matter of copyright protection includes: Literary ,scientific and artistic works The idea or its form must be original creation of the author.
TRIPS agreement and copyrightTRIPS agreements also ensure the protection of: Computer programs and database Rental rights to computer programs ,sound recordings and films. Rights of broadcastings organizations.
Copyright in PakistanIn Pakistan computer programs are excluded from patent protection under the patent law. protection under the copyright laws is the only safeguard available for the computer software industory.The ordinance provides that copyright subsists in original ,literary ,dramatic ,musical and artistic work.
Duration of copyrightThe duration of a copyright of a literary ,dramatical ,musical or artistic work (excluding photography) is for 50 years.In the case of cinematographic and photographic work ,the copyright period is for 50 years from the year of publication of the work.
Trademark Any sign that serves to distinguish the products or services of one undertaking from that of the other understanding. A mark is defined to include a device ,brand ,heading ,label , ticket ,name ,signature word ,letter or any combination.
Marks in colourThe provides that a mark registered without limitation of clours is registered for all clours.But a trademark may be limited to one or more specified colours and such limitations will be taken in to consideration by any tribunal having to decide on the distinctive character of the trademark.
Validity of registration and renewals of trademarksThe act permits registration of a trademark for a period of 7 years from the date of application ,unless renewed. Registration is renewed for a term of 15 years .Renewal can be applied for not more then six months before the date of expiry of the registration.At least one month before the date the registration is required to notify the proprietor the mark is renewable on payment of renewal fees.if these fees are not paid the mark is advertised in the journal and may afterwards be removed from the register.Any mark such removed from the register can be restored ,if it is just to do so ,on payment of the prescribed fees.
Flow ChartFill out form TM-54Power of attorney(Rs500 Stamp paper)I.D card photocopy of managing partner5 original letter head with trademarkFill in form TM1Collection of all above documents to besent to registrar of trademarkReceive trademark certification with in 30days of submission of TM1 form
Industrial Design It covers the ornamental features of products including shapes ,lines and colours.Industrial designs are protected mainly in consumer articles .Duration of protection of industrial design is 10 years.
Trade Secrets The Trade Secrets and other type of undisclosed information which have commercial value must be protected against breach of confidence and other acts contrary to honest commercial practices.
Geographical Indication Geographical indications aim at informing the consumer that a good has the quality ,reputation or other characteristics essentially attributable to its geographic origin
Enforcement of Intellectual Property Rights The agreement prescribes institutional mechanism procedures and remedies that WTO member should adopt: To enable Intellectual Property Right (IPR) holders to obtain redress under civil law. For the prosecution of counterfeiters and pirates under criminal law. For providing provisional reliefs Prevention of release of infringing goods by custom authorities.
Civil Remedies Preventing entry of imported goods that are infringing To order the infringer to pay right holder damages to compensates for injury To order destruction of infringing goods
Criminal Proceedings Prosecution of the infringer under criminal law Imprisonment Fine
Special Transitional AgreementsWTO member were provided with following transitional periods for the implementation of the provisions of TRIPS agreements Developed Countries -1y-till 1st Jan 1996. Developing Countries -5y-till 1st Jan 2000. Least Developed Coun -11y-till 1st Jan2006.
Challenges for Pakistan (domestic issues) Underdeveloped judicial system; backlogged cases in the courts resulting in delays. Failure to enforce court’s orders for the protection of intellectual property rights Corruption Failure of the Govt. to protect data exclusively during licensing process
Benefits to Pakistan The TRIPS agreements has paved a way for Revamping Pakistan’s intellectual property legislation Creation of necessary infrastructure to enforce the legislation Encourage foreign investment in Pakistan Provides incentives for local investors and authors
Background Intellectual Property Rights regime of Pakistan used to consist of Merchandise marks act 1889 Patent and design act 1911 Patent and design rules1933 Secret patents rules1933 Trade mark act 1940 Trade marks rules 1963 Copyright ordinance 1962
Pakistan’s developments in the wake of WTO regime Amendments and new legislation Copyright (amendment)ordinance2000 Patents ordinance 2000 Trade mark act 2001 Trade mark rules 2004(enforce on 12th April) Registration of integrated circuit ordinance2000 Industrial design ordinance 2000 New plant breeds rights law (draft stage) New software law(pending before committee of NA)
PIPRO (Pakistan Intellectual Property RightsOrganization) Presently different authorities deal with different intellectual property rights in Pak. The Ministry of Industries (patents) The Ministry of Commerce( trade marks) The Ministry of Education (copyrights) Cabinet has approved the draft bill to set up the PIPRO –waiting for the decision of the parliament.