The WIPO Copyright Treaty (WCT) is a special agreement of the Berne Convention that deals with the protection of works and their authors` rights in the digital environment. Each Contracting Party (even if it is not bound by the Berne Convention) must comply with the substantive provisions of the 1971 (Paris) Act of the Berne Convention for the Protection of Literary and Artistic Works (1886). In addition, the WCT mentions two elements protected by copyright: (i) computer programs, regardless of the type or form of their expression; and (ii) compilations of data or other materials (“Databases”) in any form that, by reason of the selection or arrangement of their content, constitute intellectual creations. (If a database does not constitute such a creation, it does not fall within the scope of this Treaty.) 2. [Amendment of this Agreement] This Agreement may be amended by mutual agreement between the Parties. The Organization enjoys the privileges and immunities accorded to international organizations and their officials in the performance of their objectives and in the exercise of their functions and has concluded a headquarters agreement with the Swiss Confederation to this end. The Paris Convention for the Protection of Industrial Property was born. This international agreement is the first important step taken to help authors ensure that their property works are protected in other countries. The need for international intellectual property (IP) protection became evident when foreign exhibitors refused to participate in the International Exhibition of Inventions in Vienna, Austria, in 1873, because they feared that their ideas would be stolen and commercially exploited in other countries. The Paris Convention includes: A number of civil society organisations have been working on a draft treaty on access to knowledge (A2K)[22], which they would like to see introduced. Unlike other branches of the United Nations, WIPO has significant financial resources that are independent of the contributions of its Member States. WIPO joins the family of United Nations (UN) organizations and becomes a specialized agency of the United Nations.
All States Members of the United Nations have the right, but not the obligation, to become members of the specialized agencies. WIPO is headquartered in Geneva, Switzerland, and has “external offices” around the world, including in Algiers, Algeria; Rio de Janeiro, Brazil; Beijing, China, Tokyo, Japan; Moscow, Russia; and Singapore. Unlike most United Nations organizations, WIPO was not heavily dependent on assessed or voluntary contributions from Member States; 95% of the budget comes from the costs related to its global services. [11] (b) The International Bureau shall not transmit to a State Party to the Paris Agreement that is a member of the WTO an emblem that has already been communicated to it by the International Bureau before January 1, 1996 in accordance with Article 6ter of the Paris Agreement or, if that State became a Member of the WTO after January 1, 1996, in 1996, before the date on which it became a member of the WTO; and the International Bureau shall not transmit any objection received by that WTO Member against that emblem if the objection is received by the International Bureau more than 12 months after that State has received notification of that emblem in accordance with Article 6ter of the Paris Convention. In October 2004, WIPO agreed to adopt a proposal submitted by Argentina and Brazil, the “Proposal for the Establishment of a Development Agenda for WIPO” of the Geneva Declaration on the Future of the World Intellectual Property Organization. [20] This proposal has been well supported by developing countries. The “WIPO Development Program”[21] (consisting of more than 45 recommendations) was the culmination of a long process of transformation of the organization, moving from a process that in the past was primarily aimed at protecting the interests of rightholders to a process that increasingly involved the interests of other stakeholders in the international IP system and was integrated into the broader body of international human rights law. man. Environment and economic cooperation.
The WIPO Convention, the constituent instrument of the World Intellectual Property Organization (WIPO), was signed in Stockholm on July 14, 1967, entered into force in 1970 and was amended in 1979. WIPO is an intergovernmental organization that became one of the specialized agencies of the United Nations system in 1974. 1. [Entry into force of this Agreement] This Agreement shall enter into force on 1 January 1996. The main sources of income for WIPO`s regular budget are fees paid by users of international registration and registration services and contributions paid by the governments of Member States. Each State belongs to one of the 14 classes that determine the amount of its contribution. Category I with the highest contribution involves the payment of 25 contribution units, while class Ster with the lowest contribution involves the payment of 1/32 of a contribution unit. Under the uniform system of contributions introduced by Member States in 1993, the amount of the contribution is the same for each State, whether that State is a member only of WIPO or one or more Unions or of WIPO and one or more Unions. WIPO currently has 193 Member States[12], including 190 UN Member States and the Cook Islands, the Holy See and Niue; Palestine has permanent observer status. [13] The only non-members are the Federated States of Micronesia, Palau and South Sudan. With regard to limitations and exceptions, Article 10 of the WCT contains the “three-step test” for determining limitations and exceptions, as provided for in Article 9, paragraph 2, of the Berne Convention, and extends its application to all rights.
The Agreed Declaration annexed to the WCT provides that these limitations and exceptions, as provided for by national law in accordance with the Berne Convention, may be extended to the digital environment. States Parties may develop new exceptions and limitations tailored to the digital environment. The extension of the existing one or the creation of new limitations and exceptions is allowed if the conditions of the “three-step” criterion are met. The World Intellectual Property Organization (WIPO) has a long and interesting past. Walk through some of the most important milestones in the organization`s history. (a) Procedures for the transmission of emblems and objections under the TRIPS Agreement shall be managed by the International Bureau in accordance with the procedures applicable under Article 6ter of the Paris Convention (1967). promote creative intellectual activities and facilitate the transfer of industrial property technologies to developing countries in order to accelerate economic, social and cultural development, subject to the competences and competencies of the United Nations and its organs, in particular the United Nations Conference on Trade and Development, the United Nations Development Programme and the United Nations for industrial development, as well as the United Nations Educational, Scientific and Cultural Organization and other organizations within the United Nations system […].