Leading International Treatise on Intellectual Property Rights

s pharmaceutical company pfizer which is at least from one week at that time as well known as kobe 19 itself for which it has made its vaccine and it had 94. five percent success rate in trials uh right so this was also a company which was recently news because of bill gates and right i wouldn’t go further right very hard we should figure in news right now but many of you wouldn’t be aware the foundations on which this company is built i am assuming that you can be aware that there is this fascinating tale about the power of ibn intellectual property rights which is associated with the company fisa right the medicine or the pill for which pfizer was famous all over the world its first medicine till date used for its side effects and now has become synonymous with the medical condition it is prescribed for also the introduction of the information leaflet which you got with any bag of medicine is the result of this small blue pill called the viagra i know i know everyone knows about right actually he registered design along with the trademark right fascinating story i have given the link in the description box you can see uh the link to this story right it’s really really fascinating now coming to the third headline uh first headline oh a chronological uh first headline of which you will do the background check if you will do the background check it will answer the questions which generally arises in the mind of a newcomer in the field of intellectual property like does intellectual property has a great economic value or what if the economic value of intellectual property is overrated or can we consider the intellectual property rights or the protection which it gives as an exploitative tool for the corporate giants to intimidate and control and inventor and most important question of all what is the motivation for ibw right what is the motivation development and address the question in my view is the u.

s china trade war is an excellent recent example which describe the answer to all the quotients to give you an idea of this issue in terms of related aspects of ib i will give a brief description so basically u. s china trade war is an ongoing economic conflict with all all of you are aware uh which began in 2018 when president donald trump began setting tariffs on other trade barriers on china for unfair trade practices among which were the growing trade deficit intentional theft of intellectual property and forced the transfer of american technology to china right now china has institutionalized a system that combines legal and illegal means of technology acquisition from abroad it still these intellectual property from industries academia and the government is the first into one of china’s two dozen advanced science universities turn apply for chinese patents on the technology that they are required the government distributes a patent to various company right one of the best example of this theft is telecommunication giant hawaii industries which is going to roll out its 5d technology it has acquired 56 000 5g and artificial intelligence related chinese patents and i want to repeat that if this 5g an artificial intelligence related chinese patents quite spending a dollar on research and development the theft of intellectual property has electro decline in economy in all the countries as in the united states consumers has to pay higher prices for goods and farmers are facing financial difficulties in china industrial output growth has been slow down which had already been on a deadline also many american companies have shifted supply chains to elsewhere in asia not only these two countries are affected but other countries economy also declined by it well so but some benefited from increased manufacturing to fill the gaps right so this also led to the stock market instability now all these disputes has led the world trade organization that is wt4 handles disputes like these a specialized united nations body for the protection of intellectual property that is the world intellectual property organization it is vypo and to the agreement of trips that is trade related aspects of intellectual property rights whose birth actually established a altered organization now since the technical and theoretical part or intellectual property organization related to vibe right so the world intellectual property organization is a specialized agency of the united nations it is dedicated to developing a balanced and accessible international intellectual property system which rewards creativity stimulates innovation and contributes to economic development while safeguarding the public interests vypo was established in 1970 by the waipo convention signed on 14 july 1957 its headquarters are in geneva switzerland now an important question should arise in your mind right i guess it should arise in your mind until now that why the world needed an ip organization what is the need of an ap organization right what does it mean and the answer is fear yes fear when foreign exhibitor refused to attend the international exhibition of inventions in vienna in 1873 the need for a system to protect iep internationally become evident because they were afraid that their ideas would be stolen and exploited commercially in other countries and by the way i know that this is a painting better file the school of athens so don’t please make faces and don’t think that i am not an intellectual or something and no just to give you a visualization that era right which happened and now this let’s towards the what were the admission criteria what is the admission criteria right so the wipo convention provides that membership is open to any state that is a member of the paris union for the protection of industrial property or of the burn union for the protection of literary and artistic works or is a member of the united nations or of any of the united nations specialized agencies or of the international atomic energy agency or that as a party to the statute of the international court of justice third it is invited by the viper general assembly to become a member state of the organization and last one to become a member state must deposit an instrument of ratification or accession with the director general of fibo the three organs of viper coming to the three organs of wipo bipo general assembly conference bipol party nation coming right so the viper general assembly its main functions are review and approval of the reports prepared by the director general of pipo fitting is held once in a year typo conference main functions are adopting amendments to the viper convention examining and deciding all matter related to legal technical assistance and establishing binary program of such resistance piper coordination committee its main functions are to advise the general assembly the conference and the director general on all administrative and financial matters of interest for its bodies to prepare draft agenda assembly and nominate a candidate for the post of director general now coming to the activities of ipo see ipo is a global organization and obviously it has to take care of the needs and aspirations of a large number of men therefore it is engaged in many activities of different kinds first and main activity is to administer various treaties the next one is the normative activities like setting norms and standards for the protection of ip and enforcement of ipr the time is changing rapidly and so as our environment and therefore vipo has been engaged in evolving such norms for the protection of traditional cultural expressions genetic resource for over a decade third one is to provide legal and technical assistance to its member states in the field of intellect setting up classification systems of patents trademarks and industrial design by dividing for example all inventions and different classes to enable quick and easy searching of data inventions providing registration services for international applications and webo also commissions and publishes studies on emerging issues pipo administered treaties and this i have taken from the website only a screenshot from the website there are total 26 agreements and wipo administers 24 of them one is government by unesco and the other is governed by w world trade organization which is these are the three agreements right general agreement on tariffs and trade general agreement on trade and services the trade related aspects of intellectual property rights right okay now coming to the main questions what is wt what is the goal what they who they are what they do and what they stand so what is the wd it is the only global international organization dealing with the rules of trade between nations the core of wpu its agreements negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments but whole goal is to help producers of goods and services exporters and importers conduct their business right simple now who they are well there are number of ways of looking at the wt you can see it as an organization for trade opening or a forum for governments to negotiate trade agreements and a place for them to settle rate disputes it is the same place where u.

s and china are solving their issues it as i told earlier in the earlier slides right and what they do the w2 is run by its member governments all major decisions are made by the membership as a whole either by ministers or by their ambassadors or what they stand for the wd agreements are lengthy and complex because they are legal text covering a wide range of activities but a number of simple fundamental principles run throughout all of these documents its principles are the foundation of the multilateral trading system right okay well this is a pun intended indian meme okay chronology summation basically means that now you please understand the chronology which i am going to show you on the next slide okay so this is the timeline timeline right so now we will focus on the timeline only and i wouldn’t go down into the rabbit hole which will focus only on the specific even though w begin life on 1 january 1995 succeeding the general agreement or tariff and rate which had regulated world trade since 1948.

starting in april 1994 market agreements establishing the wto sign january 1995 as earlier told the wto is born number 1996 first conference takes place in singapore december 1997. 70 wto members reach a multilateral agreement to open their financial service sector january and march 2000 negotiations began our services in agriculture november 2001 china becomes the wto’s 143rd member please note this thing that now in november november 2001 china becomes the wto’s 143rd member right uh in january 2010 shares program launched to support developing country universities and this is really important as a student right our wto program aims to enhance knowledge and understanding of the trading system among academics and policy makers in developing countries for curriculum development research and outreach activities by universities and research institutions and well in my universities i am also studying i was studying intellectual property and i’m also studying in my bachelor’s also and there was this in one semester i had studied this intellectual property rights right so that was the time when i got interested in intellectual property and what is it significance on our life right so yeah this was the thing and basically the trade related aspects of ip is extremely important for a wholesome development as far as a citizen of a developing country uh concerned is concerned right uh by the way many of our universities or your universities it is not important that the subject is not direct result of cheer program but the objective is objective right uh and last january 2017 amendment to the trips agreement enters into force easing access to medicine january 2017 electoral property as you will see that it’s uh it’s a quite uh infant uh if i had to say in terms of uh uh right so it’s it’s it’s in it is in its infancy intellectual property integer lecture property right as far as the development is yeah this is the thing uh well the upcoming slides are about the trade related aspects of intellectual property right reps why it’s important especially in time like these in which the whole world is an entire need for back the scene and well the vaccine has come risking right but yeah you will have a clear picture what these things are so the trips agreement came into existence in 1995 as part of the agreement establishing the wto this agreement is a part of the single undertaking of the wto by which all members of the wto automatically become members of that uh significance trips is the first international treaty that setups it sets up minimum standards of protection for all forms of ipr a genius of preps is that it included certain other international instruments such as the paris convention the burn convention the rome convention and the washington treaty which were already in existence to avoid re-establishing individual standards in all forms of idea it is the first international treaty on ipr it stipulates detailed civil criminal and order enforcement provisions also the first treaty having a distinct and binding dispute settlement system not found in most international agreement right this is one of the most important things our trips covers the following forms of ipr patents copyright trademark industrial design geographical indications protection of layout design for integrated circuit protection and disclose information and protection of new plant varieties right so yeah these are one of those things uh principles uh focusing on the principle trips is guided by the following principles uh adopt measures necessary to protect public health and nutrition and promote interest in sectors of vital importance to their socio-economic and technological development provided that such measures are consistent with the provision of trips adopt and the second point is adopt measures to prevent the abuse of ipr by right holders or restrained practices reasonably eastern trade or adversely affect the international rate of technology uh it is possible that these principles may not appear important to you in the short term day-to-day life are very very important for maintaining and shaping the agreement in times to come as they concern the welfare of the human race now and the point which i am going to make it will be a bit controversial you may not like it you may like it but you have to accept it that this is it and the point is that the motivation of intellectual property development actually arises from selfishness yes selfishness and popular uses usage this word is a synonym of evil in fact the exact meaning and dictionary definition of for selfishness concerned with one’s own interests don’t you think that it is the concern with one own interest that we are enjoying the life today which in turn is a result of capitalism so in his book the wealth of nations adam smith wrote that behind the meteoric rise of both signs and empire logs one particularly important force and status capital but it not for businessmen seeking to make money columbus would not have reached america in school would not have reached australia and armstrong then great neil armstrong would never have taken that small step surface of the moon intellectual property has been essential both for building empires and for promoting signs smith gave an argument that increase in the profits of private enterprise right private entrepreneurs is the basis for the increase in collective will and prosperity this may not strike us as very original because we all live in a capitalist world that takes his argument in 1776 for granted smith’s claimed that the selfish human urge to increase private profits basis for collective wealth and is one of the most important revolutionary ideas in human history evolutionary not just from an economic perspective but even more so from a moral and political perspective what smith says is in fact that greed is good and that by becoming richer i benefit everybody not just myself right and i think that ip is what gives companies and innovators the incentive they need to innovate and hence the motivation right it’s the motivation at last i would end this presentation by painting by william blake also a famous poet and my favorite poet and painter uh this is painting of isaac newton holding a compass you would see properly he had made him look like a giant and there is a reason for that in a letter to the in chairman of the royal society robert hope newton was why by the way robert hope was his arc nemesis right now is his rival right and there are so many famous people and to the point newton was showing his gratitude towards inventors and creators right when he wrote in the letter to the chairman robert newton was showing his gratitude towards inventors and creators who existed before him and he wrote this beautiful line if i am able to see further than others standing on the shoulder of the giant and if i have to draw the analogy right then ip is the giant intellectual property are the shoulders and we are the ones standing on it we are the ones standing thank you so much appearing with me for listening this presentation it means a lot to me and to share this presentation if you like it and yeah it would be really really good as a creator and it would be and if you like it please like please press the like right thank you soon.