The document discusses improvements made to the Lisbon System for the international registration of appellations of origin through revisions in the Geneva Act of 2015. Key changes included expanding the scope to also cover geographical indications, introducing more flexible options for protection, adding safeguards for prior trademark rights and other rights, streamlining application and fee procedures, and notifying grants of protection to make the system more attractive for new members. The revisions were aimed at rendering the Lisbon System more useful to states and users while preserving its objectives through the new Geneva Act adopted in 2015.
This document discusses plurilateral agreements in the WTO. It begins by defining plurilateral agreements as those originally negotiated in the Tokyo Round that have a narrower group of signatories compared to other WTO agreements. It then provides details on four key plurilateral agreements - the Agreement on Trade in Civil Aircraft, the Agreement on Government Procurement, the International Dairy Agreement, and the International Bovine Meat Agreement. It discusses the characteristics and evolution of these agreements, as well as some disputes related to the Agreement on Government Procurement.
The Budapest Treaty allows for the deposit of microorganisms with an International Depositary Authority (IDA), which stores the microorganisms. This single deposit serves as disclosure for patent procedures in all member countries. The main feature of the Treaty is that a deposit with any IDA is recognized for patent purposes by all Contracting States, regardless of the IDA's location. There are currently 72 member countries and 37 IDAs under the Budapest Treaty.
The Madrid Protocol allows trademark owners to protect their marks across multiple countries by filing one international application instead of separate applications in each country. It is administered by the World Intellectual Property Organization and became effective in the US in 2003. Under the Madrid Protocol, applicants can file for an international registration of their trademark with WIPO to automatically extend protection to the other 79 member countries if no refusals are issued within 18 months. This provides a more cost-effective way for individuals, businesses, and other entities to protect their trademarks internationally.
The document discusses the Madrid System for the international registration of trademarks. It provides details on the Madrid Agreement established in 1891 and the Madrid Protocol adopted in 1989, which together form the Madrid System. The key differences between the Agreement and Protocol are outlined. The procedures for filing an international trademark application via the Madrid System are also summarized, including requirements, certification by the office of origin, and processing by the International Bureau.
The document discusses key concepts related to intellectual property that were adopted by the TRIPS agreement from the Paris Convention and Berne Convention, including:
National treatment, which requires that foreign inventors be treated no less favorably than domestic applicants. Priority filing, which established an international date of filing for patent applications. Compulsory licensing, which allows for use of a patented invention without the patent owner's consent.
It also discusses provisions related to well-known trademarks, country of origin for copyrighted works, and translation rights from the Berne Convention that were incorporated into TRIPS.
Stuart Kennedy, partner, authors The Assumption of Jurisdiction by the Irish Courts in Cases Involving the Registrar of the International chapter of the Cape Town Convention Journal.
Registry
The document summarizes several international treaties and conventions on intellectual property, including:
- The Paris Convention for the Protection of Industrial Property, which established national treatment and priority rights for patent applications across member countries.
- The Berne Convention for the Protection of Literary and Artistic Works, which harmonized copyright protection internationally.
- Other agreements such as the Patent Cooperation Treaty, Budapest Treaty, Madrid Agreement, Hague Agreement, and TRIPS agreement, which established international systems for patents, microorganisms, trademarks, industrial designs, and intellectual property standards.
- Special conventions protecting related rights like performances, phonograms, broadcasts, and new plant varieties.
- Progressive development of IP law
This document discusses plurilateral agreements in the WTO. It begins by defining plurilateral agreements as those originally negotiated in the Tokyo Round that have a narrower group of signatories compared to other WTO agreements. It then provides details on four key plurilateral agreements - the Agreement on Trade in Civil Aircraft, the Agreement on Government Procurement, the International Dairy Agreement, and the International Bovine Meat Agreement. It discusses the characteristics and evolution of these agreements, as well as some disputes related to the Agreement on Government Procurement.
The Budapest Treaty allows for the deposit of microorganisms with an International Depositary Authority (IDA), which stores the microorganisms. This single deposit serves as disclosure for patent procedures in all member countries. The main feature of the Treaty is that a deposit with any IDA is recognized for patent purposes by all Contracting States, regardless of the IDA's location. There are currently 72 member countries and 37 IDAs under the Budapest Treaty.
The Madrid Protocol allows trademark owners to protect their marks across multiple countries by filing one international application instead of separate applications in each country. It is administered by the World Intellectual Property Organization and became effective in the US in 2003. Under the Madrid Protocol, applicants can file for an international registration of their trademark with WIPO to automatically extend protection to the other 79 member countries if no refusals are issued within 18 months. This provides a more cost-effective way for individuals, businesses, and other entities to protect their trademarks internationally.
The document discusses the Madrid System for the international registration of trademarks. It provides details on the Madrid Agreement established in 1891 and the Madrid Protocol adopted in 1989, which together form the Madrid System. The key differences between the Agreement and Protocol are outlined. The procedures for filing an international trademark application via the Madrid System are also summarized, including requirements, certification by the office of origin, and processing by the International Bureau.
The document discusses key concepts related to intellectual property that were adopted by the TRIPS agreement from the Paris Convention and Berne Convention, including:
National treatment, which requires that foreign inventors be treated no less favorably than domestic applicants. Priority filing, which established an international date of filing for patent applications. Compulsory licensing, which allows for use of a patented invention without the patent owner's consent.
It also discusses provisions related to well-known trademarks, country of origin for copyrighted works, and translation rights from the Berne Convention that were incorporated into TRIPS.
Stuart Kennedy, partner, authors The Assumption of Jurisdiction by the Irish Courts in Cases Involving the Registrar of the International chapter of the Cape Town Convention Journal.
Registry
The document summarizes several international treaties and conventions on intellectual property, including:
- The Paris Convention for the Protection of Industrial Property, which established national treatment and priority rights for patent applications across member countries.
- The Berne Convention for the Protection of Literary and Artistic Works, which harmonized copyright protection internationally.
- Other agreements such as the Patent Cooperation Treaty, Budapest Treaty, Madrid Agreement, Hague Agreement, and TRIPS agreement, which established international systems for patents, microorganisms, trademarks, industrial designs, and intellectual property standards.
- Special conventions protecting related rights like performances, phonograms, broadcasts, and new plant varieties.
- Progressive development of IP law
THE IMPORTANCE OF COMPLIANCE WITH INTERNATIONAL ANTI BRIBERY LAWS Eric Meijer
"The effects of the UK Bribery Act 2010 and other anti-bribery and corruption legislation are starting to make themselves felt. Purchasers of goods and services are imposing ever more stringent requirements on their suppliers. More and more often suppliers are required to have an Anti-Bribery Management System (“ABMS”) in place. Such a management system requires suppliers to train their personnel regarding bribery and corruption, to have proper procedures in place to prevent bribery and corruption, to undertake a due diligence of their business partners and to monitor and review the effectiveness of an ABMS on a regular basis. Some purchasers also require project specific ABMS’s to be in place to regulate the specific risks of the geographical region in which a project will be carried out. Suppliers that wish to comply with anti-bribery legislation should employ an anti-bribery officer. Unsurprisingly, demand from the market for anti-bribery compliance services is now rising fast”.
The document discusses geographical indications and their intellectual property protection under international law. It provides an overview of developments in three key areas:
1) What geographical indications are and the differences between appellations of origin and geographical indications.
2) New developments in international negotiations regarding geographical indication protection, including under the TRIPS Agreement and Lisbon Agreement.
3) Revisions to the Lisbon system, including allowing intergovernmental organizations to accede and providing enhanced recognition of domestic geographical indication systems.
Economic sanctions Intro-Basic Theory & Russia SanctionsMarian Dent
Previews the use of economic sanctions worldwide over the past century, then summarizes US sanction law, and finally presents a timeline of US and EU Ukraine-related sanctions against Russia.
The document summarizes the Lisbon Agreement for the protection of appellations of origin and their international registration administered by the World Intellectual Property Organization (WIPO). It establishes an international system that facilitates protection of geographical indications (GIs), specifically appellations of origin, through a single registration procedure. Appellations of origin must be recognized and protected in the country of origin and link qualities exclusively or essentially to geographical environment factors. The agreement has 27 member countries and over 800 registered appellations of origin internationally.
The document discusses TRIPS and TRIMS agreements administered by the World Trade Organization (WTO). TRIPS establishes minimum global standards for intellectual property regulation, requiring copyright, patent, and trademark protections. TRIMS restricts local content rules and trade balancing policies that favor domestic firms over international ones. Both agreements were negotiated at the end of the Uruguay Round in 1994 to extend trade rules to new areas like services, investment, and intellectual property.
United nations commission on international trade lawStudent
The document discusses the United Nations Commission on International Trade Law (UNCITRAL). It provides the following key details:
1) UNCITRAL was established by the UN General Assembly in 1966 to promote the progressive harmonization and unification of international trade law.
2) UNCITRAL's work is organized at three levels - the Commission itself, intergovernmental working groups that develop topics, and a secretariat that provides support.
3) UNCITRAL's mission is to coordinate organizations involved in international trade law, promote wider participation in trade conventions and acceptance of model laws, and ensure uniform interpretation of trade agreements.
A copy of the slides from Richard Cooke of Birketts LLP presentation on the Bribery Act 2010 as presentated top ICE members on the evening of Tuesday 11th January 2011.
www.birketts.co.uk
Geographical indications trade in goods key legal issues_implications for afr...Susan Isiko
Geographical Indications, Africa, Caribbean and Pacific group of Nations, trade in goods, key legal issues, competition, agricultural products, market access, crafts, wines and spirits
This document discusses TRIPS-plus agreements, which are agreements that increase intellectual property protections beyond the minimum standards in the WTO's TRIPS agreement. It outlines major TRIPS-plus agreements like ACTA and various WIPO treaties. It notes that TRIPS-plus provisions can limit generic competition and compulsory licensing. Developing countries face pressure to adopt tougher IP laws through bilateral trade agreements with developed countries.
The WIPO Copyright Treaty (WCT) is an international agreement that expands copyright protection for computer programs and digital works. It was adopted in 1996 and requires contracting parties to comply with provisions of the Berne Convention. Key provisions include expanding the definition of literary works to include computer programs, providing rights of distribution and rental for authors, and requiring legal protections against circumventing technological measures used by authors to protect their works. The treaty has been criticized for being too broad in some of its protections and for applying a one-size-fits-all standard to countries with varying economic situations.
The document discusses the TRIPS agreement and its impact on Indian patent law. Some key points:
- TRIPS established minimum global standards for intellectual property protection, including recognizing 7 types of IP rights like patents and copyright. It required countries to provide patent protection for inventions in all fields of technology.
- India initially only allowed process patents for food, drugs etc. TRIPS allowed India a 10 year transition period to implement product patents in all areas.
- The 2005 Patent Act Amendment in India fully complied with TRIPS by granting product patents for all inventions effective January 1, 2005. It also addressed issues like patentability criteria, opposition processes, and compulsory licensing.
Presentation held by Marie-Paule Rizo, Head, Industrial Design and Geographical Indications Law Section, WIPO, at the Brussels Briefing ‘Geography of food: reconnecting with origin in the food system’, organized by CTA on 15th May 2013.
More on: http://brusselsbriefings.net/
Pharmaceuticals and the WTO TRIPS Agreementjboscariol
A presentation on the application of the obligations and remedies under the WTO\'s agreement on trade-related aspects of intellectual property rights to pharma products. Includes a focus on access to patented medicines for developing countries.
- The panel of experts established by the UN to investigate Iran's nuclear program submitted its final report.
- Negotiations between Iran and international powers (E3+3) led by Catherine Ashton continued, with a planned meeting in May 2013. However, concerns remained about Iran's nuclear intentions due to its development of advanced centrifuges and lack of cooperation with the IAEA.
- The panel recommended designating an Iranian company for sanctions violations and encouraged vigilance regarding Iranian procurement efforts, as sanctions were having an economic impact but Iran was still seeking prohibited items abroad.
This lecture discusses the Revised Kyoto Convention (RKC) and whether it can harmonize customs procedures worldwide. It notes that while the RKC aims to simplify procedures, only 45 non-EU countries have signed it. The lecture also covers trade facilitation and examines the World Trade Organization's role through GATT Articles V, VIII and X. It concludes that while technology and organizations promote facilitation, full harmonization of customs declarations between countries remains a long-term goal.
The document summarizes key aspects of the Patent Cooperation Treaty (PCT) including:
- The PCT allows filing a single international patent application in multiple countries rather than separate national applications.
- It establishes an international search and preliminary examination but national patent offices make final decisions on granting patents.
- India joined the PCT in 1998. The PCT process includes international filing, search, publication and preliminary examination before proceeding to national patent offices.
How the Foreign Office assesses, and approves or refuses, all export control licence applications; and the next steps for the implementation of the Arms Trade Treaty
Presentation on the World Trade Organization's Agreement on Technical Barriers to Trade.
Developed by the International Trade Team of Barral M Jorge & Associates
The document outlines the procedure for obtaining a patent in the UK Intellectual Property Office (UK IPO). It discusses filing a patent application, preliminary examination and search, publication of the application, substantive examination, and final grant of the patent. The key steps include filing a patent application including claims, a preliminary examination and search by an examiner, publication of the application after 18 months, substantive examination involving dialogue between examiner and applicant, and ultimately the grant of the patent if all requirements are satisfied.
The Brussels Satellite Convention of 1974 aimed to regulate the legal issues raised by international television broadcasts via satellite. It obligates member states to prevent the unauthorized distribution of satellite signals within their territories. The convention defines key terms like "satellite", "program", and "signal". It establishes exceptions for short excerpts used in news reporting, educational purposes, and signals intended for public reception. The convention has 35 member states as of 2011 but has not been widely adopted due to opposition from broadcasters.
THE IMPORTANCE OF COMPLIANCE WITH INTERNATIONAL ANTI BRIBERY LAWS Eric Meijer
"The effects of the UK Bribery Act 2010 and other anti-bribery and corruption legislation are starting to make themselves felt. Purchasers of goods and services are imposing ever more stringent requirements on their suppliers. More and more often suppliers are required to have an Anti-Bribery Management System (“ABMS”) in place. Such a management system requires suppliers to train their personnel regarding bribery and corruption, to have proper procedures in place to prevent bribery and corruption, to undertake a due diligence of their business partners and to monitor and review the effectiveness of an ABMS on a regular basis. Some purchasers also require project specific ABMS’s to be in place to regulate the specific risks of the geographical region in which a project will be carried out. Suppliers that wish to comply with anti-bribery legislation should employ an anti-bribery officer. Unsurprisingly, demand from the market for anti-bribery compliance services is now rising fast”.
The document discusses geographical indications and their intellectual property protection under international law. It provides an overview of developments in three key areas:
1) What geographical indications are and the differences between appellations of origin and geographical indications.
2) New developments in international negotiations regarding geographical indication protection, including under the TRIPS Agreement and Lisbon Agreement.
3) Revisions to the Lisbon system, including allowing intergovernmental organizations to accede and providing enhanced recognition of domestic geographical indication systems.
Economic sanctions Intro-Basic Theory & Russia SanctionsMarian Dent
Previews the use of economic sanctions worldwide over the past century, then summarizes US sanction law, and finally presents a timeline of US and EU Ukraine-related sanctions against Russia.
The document summarizes the Lisbon Agreement for the protection of appellations of origin and their international registration administered by the World Intellectual Property Organization (WIPO). It establishes an international system that facilitates protection of geographical indications (GIs), specifically appellations of origin, through a single registration procedure. Appellations of origin must be recognized and protected in the country of origin and link qualities exclusively or essentially to geographical environment factors. The agreement has 27 member countries and over 800 registered appellations of origin internationally.
The document discusses TRIPS and TRIMS agreements administered by the World Trade Organization (WTO). TRIPS establishes minimum global standards for intellectual property regulation, requiring copyright, patent, and trademark protections. TRIMS restricts local content rules and trade balancing policies that favor domestic firms over international ones. Both agreements were negotiated at the end of the Uruguay Round in 1994 to extend trade rules to new areas like services, investment, and intellectual property.
United nations commission on international trade lawStudent
The document discusses the United Nations Commission on International Trade Law (UNCITRAL). It provides the following key details:
1) UNCITRAL was established by the UN General Assembly in 1966 to promote the progressive harmonization and unification of international trade law.
2) UNCITRAL's work is organized at three levels - the Commission itself, intergovernmental working groups that develop topics, and a secretariat that provides support.
3) UNCITRAL's mission is to coordinate organizations involved in international trade law, promote wider participation in trade conventions and acceptance of model laws, and ensure uniform interpretation of trade agreements.
A copy of the slides from Richard Cooke of Birketts LLP presentation on the Bribery Act 2010 as presentated top ICE members on the evening of Tuesday 11th January 2011.
www.birketts.co.uk
Geographical indications trade in goods key legal issues_implications for afr...Susan Isiko
Geographical Indications, Africa, Caribbean and Pacific group of Nations, trade in goods, key legal issues, competition, agricultural products, market access, crafts, wines and spirits
This document discusses TRIPS-plus agreements, which are agreements that increase intellectual property protections beyond the minimum standards in the WTO's TRIPS agreement. It outlines major TRIPS-plus agreements like ACTA and various WIPO treaties. It notes that TRIPS-plus provisions can limit generic competition and compulsory licensing. Developing countries face pressure to adopt tougher IP laws through bilateral trade agreements with developed countries.
The WIPO Copyright Treaty (WCT) is an international agreement that expands copyright protection for computer programs and digital works. It was adopted in 1996 and requires contracting parties to comply with provisions of the Berne Convention. Key provisions include expanding the definition of literary works to include computer programs, providing rights of distribution and rental for authors, and requiring legal protections against circumventing technological measures used by authors to protect their works. The treaty has been criticized for being too broad in some of its protections and for applying a one-size-fits-all standard to countries with varying economic situations.
The document discusses the TRIPS agreement and its impact on Indian patent law. Some key points:
- TRIPS established minimum global standards for intellectual property protection, including recognizing 7 types of IP rights like patents and copyright. It required countries to provide patent protection for inventions in all fields of technology.
- India initially only allowed process patents for food, drugs etc. TRIPS allowed India a 10 year transition period to implement product patents in all areas.
- The 2005 Patent Act Amendment in India fully complied with TRIPS by granting product patents for all inventions effective January 1, 2005. It also addressed issues like patentability criteria, opposition processes, and compulsory licensing.
Presentation held by Marie-Paule Rizo, Head, Industrial Design and Geographical Indications Law Section, WIPO, at the Brussels Briefing ‘Geography of food: reconnecting with origin in the food system’, organized by CTA on 15th May 2013.
More on: http://brusselsbriefings.net/
Pharmaceuticals and the WTO TRIPS Agreementjboscariol
A presentation on the application of the obligations and remedies under the WTO\'s agreement on trade-related aspects of intellectual property rights to pharma products. Includes a focus on access to patented medicines for developing countries.
- The panel of experts established by the UN to investigate Iran's nuclear program submitted its final report.
- Negotiations between Iran and international powers (E3+3) led by Catherine Ashton continued, with a planned meeting in May 2013. However, concerns remained about Iran's nuclear intentions due to its development of advanced centrifuges and lack of cooperation with the IAEA.
- The panel recommended designating an Iranian company for sanctions violations and encouraged vigilance regarding Iranian procurement efforts, as sanctions were having an economic impact but Iran was still seeking prohibited items abroad.
This lecture discusses the Revised Kyoto Convention (RKC) and whether it can harmonize customs procedures worldwide. It notes that while the RKC aims to simplify procedures, only 45 non-EU countries have signed it. The lecture also covers trade facilitation and examines the World Trade Organization's role through GATT Articles V, VIII and X. It concludes that while technology and organizations promote facilitation, full harmonization of customs declarations between countries remains a long-term goal.
The document summarizes key aspects of the Patent Cooperation Treaty (PCT) including:
- The PCT allows filing a single international patent application in multiple countries rather than separate national applications.
- It establishes an international search and preliminary examination but national patent offices make final decisions on granting patents.
- India joined the PCT in 1998. The PCT process includes international filing, search, publication and preliminary examination before proceeding to national patent offices.
How the Foreign Office assesses, and approves or refuses, all export control licence applications; and the next steps for the implementation of the Arms Trade Treaty
Presentation on the World Trade Organization's Agreement on Technical Barriers to Trade.
Developed by the International Trade Team of Barral M Jorge & Associates
The document outlines the procedure for obtaining a patent in the UK Intellectual Property Office (UK IPO). It discusses filing a patent application, preliminary examination and search, publication of the application, substantive examination, and final grant of the patent. The key steps include filing a patent application including claims, a preliminary examination and search by an examiner, publication of the application after 18 months, substantive examination involving dialogue between examiner and applicant, and ultimately the grant of the patent if all requirements are satisfied.
The Brussels Satellite Convention of 1974 aimed to regulate the legal issues raised by international television broadcasts via satellite. It obligates member states to prevent the unauthorized distribution of satellite signals within their territories. The convention defines key terms like "satellite", "program", and "signal". It establishes exceptions for short excerpts used in news reporting, educational purposes, and signals intended for public reception. The convention has 35 member states as of 2011 but has not been widely adopted due to opposition from broadcasters.
Introduction to open innovation and understanding the concept of opennessSaravanan A
This document provides an introduction to open innovation and the concept of openness. It defines invention and innovation, closed innovation and open innovation, and the differences between open source and open innovation. Open innovation is described as using both internal and external ideas and paths to market to advance technology. The document discusses how open innovation benefits from external ideas and partnerships but also presents challenges in balancing internal and external contributions and managing intellectual property. It provides examples of open innovation adoption across different industries.
THE FRONTIERS OF MONOPOLIZATION OF HUMAN GENESSaravanan A
This document outlines and discusses issues around the patenting of human genes. It begins with a brief history of genetics and gene patenting. Gene patents are controversial as genes are part of nature but are also seen as innovations that deserve intellectual property protection. The document then examines some of the most controversial gene patents granted, such as for the BRCA1 and BRCA2 genes linked to breast cancer. Both pros and cons of gene patents are presented around whether they encourage research and development or pose ethical issues. Statistics on the large number of human genes patented are also provided. The document concludes that the debate around gene patenting will continue as courts and society discuss the legal and moral implications.
This document outlines the debate around regional reservation in India for admissions to higher education institutions. It discusses the constitutional provisions around equality and reservation, as well as various court cases related to domicile-based reservations. The document notes both the merits and demerits of regional reservation policies. It concludes by suggesting an emphasis on uniform primary/secondary education and increasing seats/colleges at prestigious institutions as alternatives to avoid fragmenting the country.
This document discusses the relationship between the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Convention on Biological Diversity (CBD). It outlines three main proposals for a disclosure requirement to help implement both agreements in a mutually supportive way. Brazil, India, and others propose amending TRIPS to require patent applicants to disclose the source of genetic resources and evidence of benefit-sharing arrangements. Switzerland proposes amending the Patent Cooperation Treaty to allow optional disclosure. The European Commission proposes a mandatory disclosure requirement at international, regional, and national levels. The TRIPS Council continues discussions on balancing a contractual approach with a disclosure approach to help achieve the objectives of access, benefit-sharing, and conservation
How to support countries in the implementation of an adapted legal framework,...ExternalEvents
http://www.fao.org/in-action/quality-and-origin-program/en
How to support countries in the implementation of an adapted legal framework, by Matthijs Geuze (WIPO) (English)
The Cartagena Protocol is an agreement under the Convention on Biological Diversity that establishes biosafety standards for international trade in living modified organisms (LMOs). The protocol requires countries to label shipments of LMOs and obtain prior informed consent for imports of LMOs intended for release into the environment. It also creates a biosafety clearinghouse mechanism to facilitate information exchange about LMOs and establishes procedures for liability and redress in the event an imported LMO causes damage. India ratified the protocol in 2003 and plays an active role in negotiations to further develop its implementation guidelines.
The document summarizes the key aspects of the Convention on Biological Diversity (CBD), including its goals of conservation of biodiversity and sustainable use. It describes the CBD's three main goals and 42 articles that cover cooperation, in-situ and ex-situ conservation, sustainable use, access to genetic resources, and a financial mechanism. It also discusses the CBD's governing bodies like the Conference of Parties and its subsidiary scientific body, as well as mechanisms like the Clearing-House Mechanism and programs on thematic issues. National reporting and developing national biodiversity strategies and action plans are also obligations under the CBD.
Intellectual property in the wto and inter institutional cooperationSusan Isiko
This document discusses intellectual property in the WTO and cooperation between the WTO and WIPO. It outlines the existing rules on intellectual property under the TRIPS agreement, including definitions of copyright, trademarks, geographical indications, and patents. It discusses the Doha Development Agenda's focus on updating these rules regarding geographical indications and the relationship between TRIPS and other agreements. The document also examines conventional and unconventional cooperation between the WTO and WIPO, such as through their formal agreement and other channels like dispute settlement.
This document provides information from an NGO strategy meeting in Kiev on December 13-14, 2013. It discusses Carbon Market Watch, an NGO that scrutinizes carbon markets. It also mentions other related projects focused on forestry and indigenous peoples' rights. Additionally, it provides climate change facts and discusses pathways to limit warming to 1.5 or 2 degrees Celsius. Finally, it summarizes the state of carbon markets and negotiations on the Framework for Various Approaches and New Market Mechanism.
this is uploaded by Mukhdoom waseem qureshi advocate high court Lahore pakistan who is the CEO of Ideal Legal Consultants. for more inoformation you can contact through E-mail or cell: Waseem_qureshi@hotmail.com.cell+92-321-4288000
www.idea
The document summarizes recommendations from a civil society working group on improving the European Union's financial rules and regulations to better support civil society organizations. The working group welcomes proposed changes to regulations but notes issues that were not properly addressed, such as indirect costs for projects and operating grants. The working group recommends recognizing in-kind contributions, clarifying rules around systemic errors and risk levels. It also recommends increasing funding limits for indirect costs, differentiating between surplus and profit, and broadening exceptions for competitive tender processes. The working group calls for further discussion on these issues to achieve more efficient and effective support for civil society.
Intellectual Property Rights 1- SAIPRAKASH MOHANRAO NAIK.pptxsachindevllb
The World Intellectual Property Organization (WIPO) was established in 1967 as a specialized UN agency to promote global intellectual property protection. WIPO aims to harmonize IP laws, provide international IP filing services, exchange IP information, and provide legal and technical assistance to member countries. WIPO has 177 member countries and performs its functions through a General Assembly, Conference, Coordination Committee, and International Bureau led by a Director General. Key activities include advising on revising national IP laws, education and training programs, assisting with technology and infrastructure, and administering 11 international IP treaties and standards.
This document discusses the work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) at the World Intellectual Property Organization (WIPO). It establishes the IGC in 2001 to discuss protection of traditional knowledge, genetic resources, and folklore. The IGC's mandate is to consider international protection without prejudice to other forums. Developing countries aim to accelerate work through intersessional mechanisms, strengthen positions and workplans, and address gaps in international protection of traditional knowledge and cultural expressions versus relying solely on existing intellectual property or sui generis systems. Challenges include working with other international forums and whether any international instrument would be binding or non-binding
This document discusses multilateral environmental agreements (MEAs). It defines MEAs as legally binding instruments between two or more nation states dealing with some aspect of the environment. It notes that MEAs have proliferated in recent decades in response to growing awareness of environmental issues. However, this proliferation has resulted in overlaps and dispersed efforts between agreements. There are ongoing efforts to cluster and integrate MEAs to improve coordination and reduce duplication between international agreements governing the environment.
Intellectual Property Rights Notes for B.Sc. & M.Sc. StudentsPradipta Banerjee
GATT, WTO, WIPO, TRIPS, BERNE convention, Madrid Protocol, Budapest Treaty, Copyright, Trademark and its types, Service mark, GI, Industrial design, Integrated circuits
An introduction to the wto (lecture one)Arslan Ali
The document provides an overview of the World Trade Organization (WTO). It discusses that the WTO was established in 1995 and is based in Geneva, Switzerland, with 149 member countries. The key functions of the WTO are to oversee trade relations between member nations, provide a forum for negotiations, settle trade disputes, and conduct trade policy reviews. The document outlines the organizational structure and history of the WTO, including that it grew out of the General Agreement on Tariffs and Trade (GATT) established in 1947. Major agreements under the WTO framework include GATT, the General Agreement on Trade in Services (GATS), and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS
This document discusses the history of efforts to establish a unified European patent system. It describes several international agreements and proposals over the past 70 years aimed at harmonizing patent law across European countries, including the European Patent Convention of 1973 which established the European Patent Office. However, issues around translation requirements, validation processes, and lack of a centralized patent court have prevented a fully unitary system from being realized. The document outlines more recent proposals like the European Patent Litigation Agreement and the European Union's unitary patent proposals to further advance a unified system.
The Agreement on Trade-Related Investment Measures (TRIMs) aims to promote trade liberalization while ensuring competition. It recognizes that certain investment measures can distort trade. The TRIMs Agreement clarifies that GATT Articles III (national treatment) and XI (prohibition of quantitative restrictions) apply to investment measures related to trade in goods. It includes an illustrative list of measures inconsistent with these articles, such as local content requirements and import/export balancing requirements. The agreement establishes notification requirements for members and transition periods for eliminating inconsistent measures. It focuses on limiting investment measures' impact on trade in goods and does not regulate foreign investment or services.
The General Agreement on Trade in ServicesSaravanan A
The document provides an overview of the General Agreement on Trade in Services (GATS). Some key points:
- GATS is the first multilateral agreement covering international trade in services. It was negotiated during the Uruguay Round from 1986-1993.
- GATS aims to promote trade liberalization in the services sector in a gradual, progressive manner while allowing exceptions. It covers four modes of supplying services: cross-border trade, consumption abroad, commercial presence, and movement of natural persons.
- The agreement includes general obligations that apply to all member countries, such as most-favored-nation treatment and transparency. It also allows countries to make specific commitments to open certain service sectors to foreign competition under market
IPR in Traditional Knowledge and Bio –Diversity: Protection, Issues and Possi...Saravanan A
This document discusses intellectual property rights (IPR) protection for traditional knowledge (TK) and biological diversity (BD). It covers an introduction to TK and BD; why IPR includes protection for TK and BD; examples of TK helping conserve biodiversity; international mechanisms like TRIPS, CBD, and Nagoya Protocol; Indian initiatives including the Biodiversity Act of 2002; issues regarding patenting of marine biodiversity; and recommendations like a separate statute for TK protection and incorporating TK/BD in education.
Conservation of Medicinal Plants in Western Ghats through Sacred Groves: Pate...Saravanan A
This work briefly reviews the statistics of sacred groves conserving medicinal plants in Western Ghats and also explores the challenges in conserving Sacred Groves.
This document discusses domain names and domain name disputes. It begins by explaining what domain names are and how they help users navigate the internet. It then describes the different levels of domain names and the organization ICANN that manages domain names. The rest of the document discusses how domain names can be used as addresses or trademarks, the different types of domain name disputes, and potential remedies for disputes.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
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Improvements to the Lisbon System
1. Improvements to the LisbonImprovements to the Lisbon
SystemSystem
Saravanan ASaravanan A
PhD CandidatePhD Candidate
RGSOIPLRGSOIPL
2. Lisbon at a Glance
What leads to improvement for Lisbon System?
Working Group on the Development of Lisbon
System
Different Sessions of WG
Comparison of Lisbon 1958 & Geneva Act 2015
3. Images, content, and published articles are
for reference and illustrative purposes only.
Under no circumstances should any image,
logo, content or article be viewed as an
endorsement for this presentation or any of
its contents. This presentation is intended for
educational purposes only.
3
4. Difference between AOOs & GIs:
• AOOs (Lisbon, Art.2)
• Geographical denomination
• Refers to quality or characteristics of a
specific product
• Due exclusively or essentially to the
geographical environment (natural or
human factors)
• AOO= Special category of GI
• Only existing multilateral
registration system for the protection
of AOOs
• Link with the place of origin is
stronger in the case of an appellation
of origin
• GIs (TRIPS, Art.22.1)
• Indication
• Refers to quality, reputation, or other
characteristic
• Essentially attributable to its
geographical origin
GI can also be a symbol referring to or associated with
a particular geographical area (e.g. the cartographic
outline of France with a red itinerary for Burgundy
wines)
5. International system that facilitate the protection geographical
indications, i.e. “appellations of origin”, in countries other than
the country of origin
By means of their registration with WIPO through a singlesingle
procedureprocedure, for a minimum of formalities and expense
Concluded in 1958 and revised at Stockholm in 1967, EIF on
Sept 25, 1966 & Amended in 1979
Total Contracting Parties- 28
Administered by International BureauInternational Bureau of WIPO
Keeps international registerinternational register & publish bulletin ‘Appellations of origin’
‘Lisbon ExpressLisbon Express’ database – to search AOO registered under
Lisbon Agreement
6. 1) Failure of Worldwide system of higher protection for
geographical denominations
Agreement has notnot been widely successfulwidely successful
Total 28 members28 members & appx 1/3rd
joined since conclusion of
TRIPS
Largely concentrated in the Mediterranean WorldMediterranean World
Algeria, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Congo,
Costa Rica, Cuba, Czech Republic, Democratic People's Republic
of Korea, France, Gabon, Georgia, Greece, Haiti, Hungary, Iran,
Israel, Italy, Mexico, Montenegro, Morocco, Nicaragua, Peru,
Portugal, Republic of Moldova, Romania, Serbia, Slovakia, Spain,
the former Yugoslav Republic of Macedonia, Togo, Tunisia,
Turkey
7. 2) Entries of AOO – only on limited products
3) Register shows AOO emanate from fewer than ten
countries (as of 2010)
11 countries hold 97.5% of all entries
Top three hold over 78%
One Country (France) alone hold 62.5% of total entries
Out of that 90% are for Wines & Spirits only)
4) Failure of negotiation in TRIPS Council
To settle the operating principles
Multilateral system for registration of GIs led to examination ofled to examination of
Lisbon AgreementLisbon Agreement
10. Sept 2008, assembly of the Lisbon Union established a
working groupworking group (WG)
Responsible for exploring possible improvementspossible improvements to procedures
under the Lisbon
To make it more attractivemore attractive for users and prospectiveprospective new members
While, preservepreserve the principles and objectives of the Lisbon
Since 2009Since 2009, the Working Group has engaged in a full
review of the Lisbon International Registration System
Possible extension to geographical indicationsPossible extension to geographical indications in addition to
appellations of origin
11. Various Sessions of WG
Engaged in several meetings
Submitted drafts & also proposed changes to Lisbon
System
Total 10 Sessions
Held at Geneva, Switzerland
Participants:
Contracting Parties, Observers
Representatives of International Intergovernmental Organizations
(WTO, EC, FAO, EU)
Representatives of International non-governmental Organizations
(INTA, ABPI, ECTA, OriGIn, AIPPI)
12.
Statement of grantStatement of grant of protection – new optional proceduresnew optional procedures
to notify and record a statement of grant of protection of an
appellation of origin
Administrative InstructionsAdministrative Instructions – new Rulenew Rule in Lisbon Regulations
to allow Director General to establish Administrative
Instructions
that may facilitate the operationfacilitate the operation of the Lisbon system
Administrative Instructions could provide for electronicelectronic
communicationscommunications, including –
notification of AO registrations by WIPO – identical starting date to
compute refusal period
communications to WIPO from Members
agreed modes for electronic signatureelectronic signature
13. First Session of the Working Group agreedagreed –
International Bureau submit to the Assembly of the Lisbon
Union (September 2009) draft new Rules 11bis and 23bis,draft new Rules 11bis and 23bis,
and amendment of Rule 22and amendment of Rule 22
WG also agreed:
International Bureau (IB) to conduct a surveyconduct a survey among all
members, non-members, interested IGOs, NGOs
To ascertain how the Lisbon system might be improvedhow the Lisbon system might be improved
To Conduct a study on relationshipstudy on relationship between regional
system (for protection of GI) & the Lisbon system
To examine the conditions for possibility of future accessionspossibility of future accessions
14. Results of the Survey:Results of the Survey:
Most delegations in favour of two separate definitionstwo separate definitions
One for AOO- in line with Art 2 of Lisbon Agreement
Other on GI- in line with Art 22.1 of TRIPS
No oppositionNo opposition for extending protection to traditional non-
geographical denominations
NoNo need for any improvementimprovement on Application and
Registration procedures
No supportNo support for registration of designs or images as AOdesigns or images as AO
WG agreed to invite Secretariat to prepare,Secretariat to prepare,
Study on possibility of dispute settlementpossibility of dispute settlement within the Lisbon
To explore in which situationexplore in which situation DS might be appropriate and in what
form
15. DraftDraft provisions on certain matters addressed:
Proposed amendments to Rule 5(3) and Rule 16(1)amendments to Rule 5(3) and Rule 16(1) of
Lisbon Regulations
Also Agreed that, WG had made considerable progressconsiderable progress on
the development of the Lisbon system
WG had requestedrequested the secretariat to prepare a Draft Newprepare a Draft New
InstrumentInstrument (DNI)
16. Basis for Protection and Definition: (Art 2 & 3)
Art 3 should be drafted in a less complex mannerless complex manner
Should follow more closelyclosely to the current definitions
Scope of Protection: (Art 4 & 9)
Agreed to provide, high and uniform levelhigh and uniform level of protection for bothboth AO
& GI
Which might allow for a larger membership
Several delegations are in favour to maintain Lisbon
Agreement in combination with a Protocolcombination with a Protocol to it
Requested Secretariat to prepareprepare Draft New Instrument
(DNIDNI) & Draft Regulation (DRDR)
17. Further discussions regarding the legal formlegal form of the DNI and
its possible implicationspossible implications (Revised Lisbon Agreement, New
Treaty/Protocol supplementing the Agreement)
Revised texts & observations made and incorporate
alternative provisions and different optionsalternative provisions and different options between
brackets
Ex: -Separate instruments /independent GI and AO
definitions
Single or dual level of protection / single or dual
Register
Revised and simplified versionsRevised and simplified versions of the DNI and the DR to
be prepared by the Secretariat for its 6th session
18. WG clarified, Diplomatic ConferenceDiplomatic Conference certainly to be
convened by the Assembly for revising the Lisbon
Agreement
WG agreed to establish an electronic forumestablish an electronic forum
To enrich the debateenrich the debate and improving the substantive work
Secretariat would organize a workshop on DSworkshop on DS within the
Lisbon System as a side event
19. WG reiterated general commitment to two-fold mandatetwo-fold mandate
RevisionRevision of Lisbon Agreement
EstablishmentEstablishment of an international registration system
Wide support for one single DNI coveringone single DNI covering
Both AOO & GIBoth AOO & GI with separate definitions
Establishment of single international registersingle international register cover both AO
& GI
20. WG examined Chapters I to IVChapters I to IV of DNI and DR
Detailed discussion on Art 13Art 13 (Safeguards in Respect of
other Rights) of the DNI
WG approve the recommendation made to Lisbon
Assembly to convene a Diplomatic Conferenceconvene a Diplomatic Conference for adoption
of Revised Lisbon Agreement in 2015
21. WG examined in detailexamined in detail all the provisions of DNI &
DR
Welcomed the significant progresssignificant progress from members,
observers and non members to convene a successful
Diplomatic Conference in 2015
Half-day conference on DSconference on DS within Lisbon System had
been held as a side event of current session
22. Purpose was to indentify key provisionsindentify key provisions in DNI & DR taken
to Diplomatic Conference
WG concluded some pending issuesconcluded some pending issues,
TitleTitle and PreamblePreamble of DNI
Possible introductionintroduction of Maintenance feesfees (Art 7.2.b) & Individual
fees (Art 7.4)
Safeguarding rights in respect of prior trademark rightsprior trademark rights (Art 13.1)
Issues of promoting transparencypromoting transparency (R 5.5.iii) & amount of fees (R
8.1)
23. SettledSettled some issues on,
Title & Preamble
Whether Art 9.1 should be kept & Art 9.2 to be moved to Art
6
Whether Art 10.2, r/w Art 15.2, should refer to any other or
to more extensive protection
Some pending issuespending issues includes,
Fee provisions, scope of protection, protection against
becoming generic, safeguards in respect of prior trademark
rights
Phasing out periods for prior use (if any) and where prior use
was not raised as a ground for refusal
24. Took place at WIPO HQ
Aim was to adopt a new Actadopt a new Act of the Lisbon Agreement for
the Protection of Appellations of Origin and their
International Registration
Which would render the Lisbon System more attractive for
states and users, while preserving its principles and
objectives
Negotiators approved a revisionNegotiators approved a revision of an international
registration system providing protection for names that
identify the Geographical Origin of products
25.
OutcomeOutcome of the diplomatic conference and called the
adoptionadoption of the Geneva ActGeneva Act a “transcendental momenttranscendental moment” for
the Lisbon Union and WIPO
Geneva Act helps to promotepromote globally marketed products
Other changesOther changes affect
fee provisions, scope of protection, protection against becoming
generic, and safeguards for respect of prior trademark rights
The Geneva Act will enter into forceenter into force three months after
five eligible parties have deposited their instruments of
ratification or accession
Total 11-Total 11- Bosnia and Herzegovina, Burkina Faso, Congo, France,
Gabon, Hungary, Italy, MaliMali, Nicaragua, Peru, Portugal, RomaniaRomania,
Togo
None has depositedNone has deposited their instrument yet EIF
26. New definitionNew definition of AOs and GIs and of their scopescope of protection
FlexibilityFlexibility about how countries may provide protection for AOs and
GIs, including through trademarktrademark system if no AO or GI system is in
place
Safeguards for prior trademark rightsSafeguards for prior trademark rights and other prior rights such as
personal names, plant varieties or animal breed denominations
Infringement proceedingsInfringement proceedings may be initiated by any public authority or
interested party (Art 14)
Accession to the Geneva Act is open to international organizationsopen to international organizations
competent for GI protection (e.g. European Union and African
Intellectual Property Organization)
Countries may request payment of an individual feeindividual fee
GrantGrant of protection will be notifiednotified
The changes are designed specifically to attract new membersattract new members to the
Lisbon Agreement
27. S No Lisbon Agreement 1958 Geneva Act 2015
1 Total Articles- 18 3434
2 Subject Matter:
Art 2- Appellations of Origin
Both,Both,
A 2(i)- Appellations of Origin
A 2 (ii)- Geographical Indications
3 Content of Protection:
- Art 3: True Origin: ensured against any
usurpation or imitation
- Translated Form: kind, type, make,
imitation, or the like
- A. 11: True Origin: Imitation onlyImitation only
- Translated Form: style, kind, type, make,
imitation, method, as produced in, like,
similar or the like
4 Application for International
Registration:
Not clearly mentioned
-Detailed Application procedure (A 5) &
- International Registration (A 6)
5 Fee Payment:
SingleSingle Fee- for each AOO (Art 7) - Fee ReductionFee Reduction for Developing & LDC (A 7)
- Individual fee (A 7. 4.a)- not higher thanot higher than
equivalent amountequivalent amount required under national
or regional legislation
- Non Payment (A 7.4.b)- protection is
renouncedrenounced
28. 6 Period of Validity: Art 7
Not mentioned the period Protection(Art. 8.1)- IndefinitelyIndefinitely
Cancellation (Art 8.2.a)- At the requestAt the request of natural
person or legal entity competent Authority may
request Intl Bureau to cancel International
Registration
7 Safeguards in respect of
Other Rights:
Not listed
Prior Trademark Rights- Acquired in good faithgood faith (A
13.1)
Rights Based on Plant Variety or Animal Breed
Denomination: (A 13.3) Members can use plant
variety or animal breed denomination exceptexcept in a
manner to misleadmislead the public
8 Refusal & Other actions:
Not discussed
Art 15: RefusalRefusal and Other Actions in Respect of
International Registrations
A 15.1: Time limit-Time limit- Specified in the Regulations
A 15.5: Applicable of National TreatmentNational Treatment
A 16: Withdrawal of Refusal- Shall be recordedrecorded in
International Register
9 Notification of Grant of
Protection:
Not discussed
International Bureau shall recordrecord notification in
International RegisterRegister and PublishPublish it (Art 18)
Editor's Notes
The basic difference between the two terms is that the link with the place of origin is stronger in the case of an appellation of origin.
Art. 22.1 of TRIPS: Indications which identify a good as originating in the territory of a WTO Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
Art. 2 of Lisbon Agreement: The geographical denomination of a country, region, or locality, which serves to designate a product originating therein, the quality or characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors.
The TRIPS Agreement introduces an alternative (‘a given quality,reputation or other characteristic’/ one single criterion is sufficient). This helps to avoid disadvantaging those GIs that do not apply to agricultural or crafts products but to industrial products (difficult to establish a qualitative link between product and geographical environment in such case).
An AO is a GI with stricter specifications. For example contrary to an AO, a country could allow, for example, producers to import a product from another place than the one designated by the GI but process the product at the place specified in the GI (indeed the development of the product does not have to be necessarily situated entirely in the defined geographical area)
AOs must have ‘quality or characteristics’ determined by natural (climate, soil) or human factors (know-how) from a specific geographical area. Whereas ‘reputation’ derived from geographical origin is enough to protect a GI under TRIPS (the Lisbon model does not include reputation as a linkage factor connecting the product to the place/ instead the reputation of a geographical location results from the quality or characteristics of the product)
‘Indications’: GIs are not restricted to geographical names but may also include other signs such as symbols or emblematic images (ex: Eiffel tower for Paris, Matterhorn for Switzerland, the Swiss Cross…etc.)
‘Essentially attributable to its geographical origin’ (not restricted to products having a quality and characteristics due to natural and human factors associated with the geographical environment)
AOO Definition: &quot;geographical denomination of a country, region, or locality, which serves to designate a product originating therein, the quality or characteristics of which are due exclusively or essentially to the geographic environment, including natural and human factors&quot; (Article 2)
Lisbon’s limited success foreseen in TRIPS section on GI
WTO members agree two relevant things in TRIPS
1) Agreed to provide Lisbon-type protection for GI (even in absence of GI) and Paris-type protection for other GIs
2) WTO members agreed to negotiate in TRIPS council for establishment of multilateral system of notification and registration of GI for wines
Brazilian Intellectual Property Association
(ABPI), European Communities Trade Mark Association (ECTA), International Trademark
Association (INTA), MARQUES (Association of European Trademark Owners),
Organization for an International Geographical Indications Network (OriGIn)