World Intellectual Property Organization

World Intellectual Property Organization

Abbreviation	WIPO
Formation	14 July 1967; 58 years ago (1967-07-14)
Type	United Nations specialised agency
Legal status	Active
Headquarters	Geneva, Switzerland
Membership	193 member states
Head	Daren Tang Director General
Parent organization	United Nations Economic and Social Council
Website	wipo.int
Politics portal

The World Intellectual Property Organization (WIPO; French: Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN).^{[1][2][notes 1]} Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations.^[5] It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.^[6]

WIPO's activities include: hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries, resolving transboundary IP disputes, helping connect IP systems through uniform standards and infrastructure, and serving as a general reference database on all IP matters; this includes providing reports and statistics on the state of IP protection or innovation both globally and in specific countries.^[7] WIPO also works with governments, nongovernmental organizations (NGOs), and individuals to utilize IP for socioeconomic development.

WIPO administers 26 international treaties that concern a wide variety of intellectual property issues, ranging from the protection of audiovisual works to establishing international patent classification.^[8] It is governed by the General Assembly and the Coordination Committee, which together set policy and serve as the main decision making bodies. The General Assembly also elects WIPO's chief administrator, the Director General, currently Daren Tang of Singapore, who took office on 1 October 2020.^[9] WIPO is administered by a Secretariat that helps carry out its day-to-day activities.

Headquartered in Geneva, Switzerland, WIPO has "external offices" around the world, including in Algiers (Algeria); Rio de Janeiro (Brazil); Beijing (China), Tokyo (Japan); Abuja (Nigeria); Moscow (Russia); and Singapore (Singapore).^[10] Unlike most UN organizations, WIPO does not rely heavily on assessed or voluntary contributions from member states; 95 percent of its budget comes from fees related to its global services.^[11]

WIPO currently has 193 member states,^[12] including 190 UN member states and the Cook Islands, Holy See and Niue; Palestine has permanent observer status.^[13] The only non-members, among the countries recognized by the UN are the Federated States of Micronesia, Palau and South Sudan.^{[citation needed]}

The Paris Convention for the Protection of Industrial Property was adopted in 1883 and was one of the first intellectual property treaties. It established a Union for the protection of industrial property. Additionally, it applies to a wide range of industrial property including patents, trademarks, utility models, industrial designs, trade names, service marks, geographical indications as well as the "repression of unfair competition". The Paris Convention was the first international agreement to protect the works of creators in other countries.^[14]

Moving on, the Convention was adopted in diplomatic conferences held in Paris in 1880 and 1883, it was then signed on 20 March 1883, on behalf of Brazil, France, Guatemala, Netherlands, Portugal, Serbia, Spain and Switzerland, Belgium, Italy and El Salvador. It consisted of the Convention proper, which contains 19 articles, and the Protocole de clôture (Final Protocol), which is almost the same length as the Convention proper.^[15]

The "International Bureau" established by the Paris Convention for the Protection of Industrial Property later became part of BIRPI and later WIPO.^[16]

The Berne Convention was adopted in 1886, it deals with copyright, the protection of works and rights of authors and rights holders. It provides creators including writers, poets, painters, musicians with ways to control how and by who their works are used and the terms of use. It also contains provisions on minimum protections and special provisions for developing countries.^[17] The Convention follows three basic principles; that works originating in one of the Contracting States must be given the same protection in each of the other Contracting States (principle of "national treatment"), that there is automatic protection and no formal process is required and that protection under the convention is independent of protection in the country of origin of the work (principle of "independence" of protection).^[18] The "International Bureau" was created to oversee the Berne Convention and later became part of BIRPI and later WIPO.^{[citation needed]}

In 1891 nine of the 14 States to the Paris Convention for the Protection of Industrial Property created the first "special arrangements for the protection of industrial property". Along with the Protocol Relating to the Madrid Agreement (1989) it created the Madrid System, the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world.^[19]

The Bureaus created to administer the Berne Convention for the Protection of Literary and Artistic Works and the Paris Convention for the Protection of Industrial Property were under "the high supervision" (haute surveillance) of the Government of the Swiss Confederation. In 1893 the Swiss government combined them with the same director and same staff as United International Bureaux for the Protection of Intellectual Property, Bureaux internationaux réunis pour la protection de la propriété intellectuelle (BIRPI).^[20] BIRPI was the predecessor of the World Intellectual Property Organization (WIPO) which superseded it 87 years later, in 1970.^[21]

WIPO was formally created by the Convention Establishing the World Intellectual Property Organization, which entered into force on 26 April 1970.^[22] WIPO allowed members who were part of the Berne Convention, Paris Convention or a member of the United Nations system including the United Nations, any of its specialized agencies, the International Atomic Energy Agency or the International Court of Justice.^[23]

That date is commemorated annually as World Intellectual Property Day, which raises awareness of the importance of IP. Under Article 3 of this convention, WIPO seeks to "promote the protection of intellectual property throughout the world". WIPO became a specialized agency of the UN in 1974. The Agreement between the United Nations and the World Intellectual Property Organization^[24] notes in Article 1 that WIPO is responsible:

for promoting creative intellectual activity and for facilitating the transfer of technology related to industrial property to the developing countries in order to accelerate economic, social and cultural development, subject to the competence and responsibilities of the United Nations and its organs, particularly the United Nations Conference on Trade and Development, the United Nations Development Programme and the United Nations Industrial Development Organization, as well as of the United Nations Educational, Scientific and Cultural Organization and of other agencies within the United Nations system.

The Agreement marked a transition for WIPO from the mandate it inherited in 1967 from BIRPI, to promote the protection of intellectual property, to one that involved the more complex task of promoting technology transfer and economic development.^{[25][need quotation to verify]}

In 1974 WIPO became a specialized agency of the United Nations through a bilateral agreement between WIPO and the UN approved by the General Assembly of WIPO on 27 September 1974, and by the UN General Assembly on 17 December 1974. A protocol was signed by then Secretary-General of the United Nations, Kurt Waldheim and then Director General of WIPO Árpád Bogsch on 21 January 1975. The Agreement became effective on 17 December 1974.^[26]

The relative importance of WIPO in global IP governance decreased after the United States incorporated intellectual property matters into the Uruguay Round of the GATT Negotiations in the 1980s.^[27]: 182

In October 2004, WIPO agreed to adopt a proposal offered by Argentina and Brazil, the "Proposal for the Establishment of a Development Agenda for WIPO"—from the Geneva Declaration on the Future of the World Intellectual Property Organization.^[28] This proposal was well supported by developing countries. The agreed "WIPO Development Agenda"^[29] (composed of over 45 recommendations) was the culmination of a long process of transformation for the organization from one that had historically been primarily aimed at protecting the interests of rightholders, to one that has increasingly incorporated the interests of other stakeholders in the international intellectual property system as well as integrating into the broader corpus of international law on human rights, environment and economic cooperation.

A number of civil society bodies have been working on a draft Access to Knowledge (A2K)^[30] treaty which they would like to see introduced.

In 2009, WIPO started drafting future treaties on intellectual property and genetic resources, traditional knowledge and folklore in relation with indigenous peoples and local communities.^[31]

In December 2011, WIPO published its first World Intellectual Property Report on the Changing Face of Innovation, the first such report of the new Office of the Chief Economist.^[32] WIPO is also a co-publisher of the Global Innovation Index.^[33]

In 2016, WIPO initiated the High-Level Conference on Intellectual Property for BRI Countries.^[27]: 187 WIPO Director General Francis Gurry encouraged countries participating in the Belt and Road Initiative to use WIPO tools like its global IP services and databases and to join WIPO-administered IP treaties.^[27]: 187

In September 2020 China blocked the Wikimedia Foundation from observer status at WIPO citing the existence of a Wikimedia affiliate in Taiwan. According to the Chinese statement "there is reason to believe that this foundation has been carrying out political activities through its member organizations which could undermine the state's sovereignty and territorial integrity."^[34][35] China again rejected Wikimedia's bid, for the same reason, in 2021, 2023, 2024, and 2025.^[36][37]

WIPO, the World Health Organization (WHO) and the WTO launched on 11 April 2022 their new Trilateral COVID-19 Technical Assistance Platform. This new tool aims to help members and WTO accession candidates address their capacity building needs to respond to the COVID-19 pandemic. The Platform provides members and accession candidates with a single contact form which they can use to reach out to the trilateral organizations.^[38]

The Patent Cooperation Treaty (PCT) (1970) established a service which assists individuals, companies, and institutions in seeking patent protection internationally for their inventions.^[39][40] It also helps patent offices with their patent granting decisions and facilitates public access to technical information relating to those inventions. 153 countries are currently party to the PCT.^[41]

Under the PCT, an applicant can file one PCT application in one language, at one patent office, within 12 months from the date of the earliest patent application which has been filed for the same invention (the "priority date"). This one PCT application has the same legal effect as filing separate regional or national patent applications in all PCT member countries.^{[citation needed]}

PCT applications are processed in a standardized manner as provided in the Treaty and Regulations, including an international search for documents relevant to the potential patentability of the invention and international publication.^[42] Granting patents remains under the control of the regional or national patent Offices in the "national phase".

Using the PCT, patent applicants can postpone paying national and regional patent-related fees while they learn about the likelihood of obtaining a patent, benefitting from the additional time and information to help them decide whether, and in which countries, to pursue patents.^[43][44]

The Madrid System for the International Registration of Marks serves as a means to seek protection for trademarks worldwide, in over 120 countries.^[45][46] Created in 1891, the Madrid System is now governed by the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989). In order to become a member of the Madrid System, a state or intergovernmental organization must already be a party to the Paris Convention for the Protection of Industrial Property (1883).^[47][48]

The Madrid System is a centralized trademark registration system: through a single application, in one language and with one set of fees (in one currency, the Swiss franc), protection can be obtained in member states and intergovernmental organizations.^[49][50] International registrations can then be modified, renewed or expanded, centrally through WIPO (rather than through each separate IP Office).^[51]

The Madrid System can only be used by a natural person or a legal entity, which is a national, is domiciled or has a company in the territory of a member of the Madrid System.^{[citation needed]}

The Lisbon System for the International Registration of Appellations of Origin and Geographical indications provides a means of obtaining international protection for a geographical indication or an appellation of origin.^{[52][53][54][55]} Geographical indications and appellations of origin are intellectual property rights which identify a product that originates from a specific geographical area and that has characteristics that are attributable to its geographical origin.^[56] Comté cheese (France), Chulucanas pottery (Peru), Tequila (Mexico), Porto (Portugal), Herend porcelain (Hungary), and Kampot pepper (Cambodia) are examples of appellations of origin and geographical indications registered under the Lisbon System.^{[57][58][59][60][61][62][63]} Through a single registration and one set of fees, protection can be obtained in the other countries (and intergovernmental organizations, such as the European Union) covered by the Lisbon System.^[64][65]

The Lisbon System includes the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958 ('the Lisbon Agreement') and, its latest revision, the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications of 2015 ('the Geneva Act') form the Lisbon System.^{[66][67][68][69]} Registrations under the Lisbon System are published in the official bulletin and can be searched through the Lisbon Express Database.^{[70][71][72][73]}

The WIPO Arbitration and Mediation Center was established in 1994 as an international resource for alternatives to court litigation of intellectual property and technology disputes. It offers alternative dispute resolution (ADR) options including mediation, arbitration, and expert determination to resolve international commercial disputes between private parties. It is an administrator of cases and a provider of legal and policy expertise. The Center also provides domain name dispute resolution services under the WIPO-designed UDRP.^[74] It is based in Geneva, Switzerland and since 2010 the Center has had an office at Maxwell Chambers in Singapore.^[75][76][77]

The WIPO Hague System for the International Registration of Industrial Designs provides an international mechanism for securing protection of up to 100 designs^[78][79] in multiple countries or regions, through a single international application, filed in one language and using one currency (Swiss francs).^[78]

International design applications are filed directly through WIPO, according to the requirements and procedures established by the Hague Agreement.^[80] The domestic legal framework of each designated contracting party governs the design protection provided by the resulting international registrations.^[81]

According to the rules laid out by the Hague Agreement, anyone who is a national of, or who has a domicile, habitual residence or real and effective industrial or commercial establishment in any Hague System contracting party^[82] – including any country of the European Union or the African Intellectual Property Organization – can use the Hague System. The Hague System does not require the applicant to file a national or regional design application.^[83]

On 5 February 2020, China officially deposited its accession documents for entering the Hague System for the International Registration of Industrial Designs and the Marrakesh Treaty (which increases the accessibility of publications to people with visual impairment), before the commencement of the Beijing Olympic Winter Games. The accession will take effect on 5 May 2022.^{[citation needed]}

China became the 68th contracting party to the Geneva Act (1999) of the Hague Agreement and, therefore, the 77th member of the Hague System.^[84]

WIPO, unlike other UN agencies, derives most of its income from fees for the Global IP services it provides as opposed to Member States contributions.^[85] In 2020, WIPO's revenue amounted to CHF 468.3 million.^[86] In 2020 WIPO generated over 94.3% of its revenue from fees that are paid by users of its intellectual property services for patents, trademarks and industrial designs due to international demand for intellectual property titles. These services are provided through the Patent Cooperation Treaty (PCT) (providing 76.6% of revenue), Madrid System (providing 16.3% of revenue) and Hague System (providing 1.4% of revenue).^[86]

WIPO Assemblies develop global intellectual property agreements through bringing stakeholders together. The main policy and decision making bodies of WIPO are the Coordination Committee and the General Assembly.^[87] Twenty-two Assemblies, the Unions administered by WIPO, and other bodies of the Member States of WIPO meet in ordinary or extraordinary sessions in autumn. The General Assembly appoints the Director General through nomination by the Coordination Committee. Any of the policy and decision making bodies can constitute Permanent Committees or Standing Committees.^[88]

Standing committees are ad hoc groups of experts established for a given purpose and acting as a place for policy discussions and negotiations on the future development of intellectual property. Any WIPO Standing Committee or other bodies also decide to establish a working group to examine a question in more detail, make suggestions or give advice on any subject within the competence of the Organization.^[89][90]

WIPO administers 26 treaties,^[91] including the WIPO Convention.^[92]

Intellectual property protection treaties define internationally agreed basic standards of intellectual property (IP) protection in each country.^[91]

Global protection system treaties govern WIPO's services, ensuring that one international registration or filing will have effect in any of the relevant signatory States.^[91]

Classification treaties that create classification systems that organize information concerning inventions, trademarks and industrial designs.^[91]