Slide 1: WORLD INTELLECTUAL PROPERTY RIGHTS BY, PARVEEN SULTANA QUALITY ASSURANCE SULTAN UL ULOOM COLLEGE OF PHARMACY Slide 2: WHAT IS INTELLECTUAL PROPERTY: Intellectual property refers to property created with the use of intellect. In other words these refer to creations of the mind. IP laws relate to various creations including inventions, literary, and artistic works, symbols, names, images, designs used in commerce. Slide 3: Signed at stockholm on july 14,1968 and as amended on september 28,1979 OBJECTIVES: To promote the protection of intellectual property throughout the world through cooperation among states and, where appropriate, in collaboration with any other international organization. To ensure administrative cooperation among the Unions. FUNCTIONS: To promote the efficient protection of intellectual property throughout the world and to harmonize national legislation in this field. To perform the administrative tasks of the Paris union, the special Unions established in relation with that Union, and the Berne Union. Participate In administration of any other international agreement. To offer its cooperation to states requesting legal-technical assistance in the field of intellectual property. Slide 4:
To maintain services facilitating the international protection of intellectual property and, where appropriate, provide for registration in this field and the publication of the data concerning the registrations. MEMBERSHIP: Membership in the organization shall be open to any state which is a member of any of the Unions. Membership in the organization shall be equally open to any state not a member of any of the Unions,provided that: It is a member of the
any, of the specialized agencies brought into relationship with the United Nations, or the International Atomic Energy Agency,or is a party to the statute of the International Court of the justice,or It is invited by the General Assembly to become a party to this Convention.
Slide 5: ORGANIZATION: It consists of the following: The General Assembly The conference The coordination committee The international Bureau or secretariat GENERAL ASSEMBLY Consists of the states party which are members of any of the Unions. The Government of each state shall be represented by one delegate, who may be assisted by alternate delegates, advisor, and experts. The expenses of each delegation shall be borne by the Government which has appointed it. General Assembly appoints the Director General upon nomination by the Coordination Committee. Reviews and approves reports prepared by the Director General and Coordination Committee. Appoint the biennial budget of expenses common to the Unoins . Slide 6: Determine which states not members of the organization and which intergovernmental and international non-governmental organizations shall be admitted to its meetings as observers. 3) Each state, whether member of one or more Unions, shall have vote in the General Assembly. One- half of the States members of the General Assembly shall constitute a quorum. If, in any session ,the number of states represented is less than one-half but equal to more than one third of the States members of the General Assembly ,the General Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the following conditions are fulfilled. The International Bureau shall communicate the said decisions to the State members of the General Assembly which were not represented and shall invite them to express in writing their vote or abstention within a period of three months from the date of communication. Slide 7: If ,at the expiration of this period, the number of states having thus expressed their vote or abstention attains the number of states which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains. The General Assembly shall make its decisions by a majority of two-thirds of the votes cast. Abstentions are not considered as votes . A delegate may represent, and vote in the name of, one state only. 4) The General Assembly shall meet once in every second year in ordinary session. The General Assembly shall meet in extraordinary session upon convocation by the director upon or at the request of one-fourth of the States members of the General Assembly . Meetings shall be held at the headquarters of the organization. States party which are not the members of any of the Unions shall be admitted to the meetings of the General Assembly as observers. The General Assembly shall adopt its own rules of procedure. Slide 8: CONFERENCE: COORDINATION COMMITTEE: It consists of the states party which are members of the Executive Committee of the Paris Union, or the Executive Committee of the Berne Union, or both. If either of these Executive Committees is composed of more than one fourth of the number of the countries members of the Assembly which elected it, then such Executive Committee shall designate from among its members the states which will be members of the Coordination Committee ,in such away that their number shall not exceed the one-fourth referred to above . The Government of each state member of the Coordination Committee considers shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts. Whenever the Coordination Committee considers either matters of direct interest to the program or budget of the conference and its agenda, or proposals for the amendment of this Convention which would affect the rights or obligations of States party to this Convention not members of any of the Unions, one-fourth of such states shall participate in the meetings of the Coordination Committee with the same rights as members of that Committee. Slide 9: The expenses of each delegation shall be borne by the Government which has appointed it. FUNCTIONS: Give advice to the organs of the Unions, the general Assembly, the conference, and the director General, on all administrative, financial and other matters of common interest either to two or more of the Unions, or to one or more of the Unions and the organization, and in particular on the budget of expenses common to the unions; Prepare the draft agenda of the General Assembly; Prepare the draft agenda and the draft program and budget of the Conference; When the term of office of the Director General is about to expire, or when there is a vacancy in the post of the director general, nominate a candidate Slide 10: for appointment to such position by the General Assembly; if the General Assembly does not appoint its nominee, the coordination Committee shall nominate another candidate; this procedure shall be repeated until the latest nominee is appointed by the General Assembly; If the post of the Director General becomes vacant between two sessions of the General Assembly, appoint an acting Director General for the term preceding the assuming of office by the new Director General. INTERNATIONAL BUREAU The international Bureau shall be the Secretariat of the Organization. It shall be directed by the Director General, assisted by two or more Deputy Directors General. The Director general shall be appointed for a fixed term, which shall be not less than six years. He shall be eligible for reappointment for fixed terms. The periods of the initial appointment, shall be fixed by the General Assembly . The Director General shall be the chief executive of the organization. He shall represent the Organization. He shall report to , and conform to the instructions of the General Assembly as to the internal and external affairs of the Organization. Slide 11: The Director General shall prepare the draft programs and budget and periodical reports on activities. He shall transmit them to the Governments of the interested states and to the competent organs of the Unions and the Organization. The Director General and any other staff member designated by him shall participate in all meetings of the General Assembly , the Conference, the coordination Committee, and other committee or working group. HEADQUARTERS: The headquarters of the Organization shall be at Geneva. FINANCES: The organization shall enjoy on the territory of each member state, in conformity with the laws of the state such legal capacity as may be necessary for the fulfillment of the Organizations objectives and for the exercise of its objectives. The Organization shall conclude a head quarters agreement with the Swiss confederation and with any other state in which the headquarters may subsequently be located. Slide 12: The organization may conclude bilateral or multilateral agreements with the other Member States with a view to the enjoyment by the Organization, its officials, and representatives of all Member States, of such priveliges and immunities as may be necessary for the fulfillment of its objectives and for the exercise of its functions. RELATIONS WITH OTHER ORGANIZATIONS: 1.The organization shall, where appropriate, establish working relations and cooperate with other intergovernmental organizations. Any general agreement to such effect entered into organizations shall be concluded by the Director General after approval by the Coordination Committee. BECOMING PARTY TO THE CONVENTION ENTRY INTO FORCE OF THE CONVENTION: 1.This Convention shall enter into force three months after ten States members of the Paris Union and seven States members of the Berne Union have taken action, if a state is a member of both Unions, it will be counted in both groups. Slide 13: AMENDMENTS: Proposals for the amendment of this convention may be initiated by any Member State, by the Coordination Committee, or by the Director General. Such proposals shall be communicated by the Director General to the Member States at least six months in advance of their consideration by the conference. 2. Amendments shall be adopted by the conference. Whenever amendments would affect the rights and obligations of States party to this Convention not members of any of the unions, such States shall also vote. on all other amendments proposed, only States party to this convention members of any Union shall vote. Amendments shall be adopted by a simply majority of the votes cast, provided that the conference shall vote. only on such proposals for amendments as have previously been adopted by the assembly of the Paris Union and the Assembly of the Berne Union according to the rules applicable in each of them regarding the adoption of amendments to the administrative provisions of their respective Convention. 3. Any amendment shall into enter force one month after written notification of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three-fourths of the States Members of the organization, entitled to vote on the proposal for amendment at the time the conference adopted the amendment. Any amendments thus accepted shall bind all States which are members of the Slide 14: Organization at the time the amendment enters into force or which become Members at a subsequent date, provided that any amendments increasing the financial obligations Members states shall bind only those states which have notified their acceptance of such amendment. DENUNCIATION: 1.Any member state may denounce this convention by notification addressed to the Director General. 2.Denunciation shall take effect six months after the day on which the Director general has received the notification. NOTIFICATIONS: The Director General shall notify the Governments of all member States of: The date of entry into force of the convention, Signatures and deposits of instruments of ratification or accession, Acceptances of an amendment to this Convention, and the date upon which the amendment enters into force, Denunciations of this Conventions Slide 15: FINAL PROVISIONS : (1) This Convention shall be signed in a single copy in English, French, Russian, and Spanish texts being equally authentic, and shall be deposited with the Government of Sweden. This Convention shall remain open for signature at Stockholm until January 13, 1968. Official texts shall be established by the Director General, after consultation with the interested Governments, in German, Italian and Portuguese, and such other languages as the Conference may designate. The Director General shall transmit two duly certified copies of this Convention and of each amendment adopted by the Conference the Government of the States members of the Paris or Berne Unions, to the Government of any other State when it accedes to this Convention, and, on request, to the Government of any other State. The copies of the signed text of the convention transmitted to the Governments shall be certified by the Governments shall be certified by the Government of Sweden. The Director general shall register this convention with the Secretariat of the United.