There are several International organizations and agencies that promote the use and protection of intellectual property. Although these organizations are discussed in more detail in the chapters to follow, a brief introduction may be helpful:
International Trademark Association (INTA) is a not-for-profit international association composed chiefly of trademark owners and practitioners. It is a global association. Trademark owners and professionals are dedicated to supporting trademarks and related IP to protect consumers and promote fair and effective commerce. More than 4000 (Present 6500 member) companies and law firms in more than 150 (Present 190 countries) countries belong to INTA, together with others interested in promoting trademarks. INTA offers a wide variety of educational seminars and publications, including many worthwhile materials available at no cost on the Internet (see INTA’s home page at http://www.inta.org). INTA members collectively contribute almost US $ 12 trillion to global GDP annually. INTA undertakes advocacy [active support] work throughout the world to advance trademarks and offers educational programs and informational and legal resources of global interest.
Its headquarter in New York City, INTA also has offices in Brussels, Shanghai and Washington DC and representatives in Geneva and Mumbai. This association was founded in 1878 by 17 merchants and manufacturers who saw a need for an organization. The INTA is formed to protect and promote the rights of trademark owners, to secure useful legislation (the process of making laws), and to give aid and encouragement to all efforts for the advancement and observance of trademark rights.
World Intellectual Property Organization (WIPO) was founded in 1883 and is a specialized agency of the United Nations whose purposes are to promote intellectual property throughout the world and to administer 23 treaties (Present 26 treaties) dealing with intellectual property. WIPO is one of the 17 specialized agencies of the United Nations. It was created in 1967, to encourage creative activity, and to promote the protection of Intellectual Property throughout the world. More than 175 (Present 188) nations are members of WIPO. Its headquarters are in Geneva, Switzerland, current Director General of WIPO Francis Gurry took charge on October 1, 2008. The predecessor to WIPO was the BIRPI [Bureau for the Protection of Intellectual Property] which was established in 1893. WIPO was formally created by the convention (meeting) establishing the world intellectual property Organization which entered into force on 26-April-1970.
Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) An International copyright treaty called the Convention for the Protection of Literary and Artistic Works was signed at Berne, Switzerland in 1886 under the leadership of Victor Hugo to protect literary and artistic works. It has more than 145 member nations. The United States became a party to the Berne Convention in 1989. The Berne Convention is administered by WIPO and is based on the precept that each member nation must treat nation must treat nationals of other member countries like its own nationals for purposes of copyright (The principle of “National treatment”). In addition to establishing a system of equal treatment that internationalized copyright amongst signatories, the agreement also required member states to provide strong minimum standards for copyright law. It was influenced by the French right of the author.
Madrid Protocol It is a legal basis in the multilateral treaties Madrid (it is a city situated in Spain) Agreement concerning the International Registration of Marks of 1891, as well as the protocol relating to the Madrid Agreement 1989. The Madrid system provides a centrally administered system of obtaining a bundle of trademark registration in a separate jurisdiction. The protocol is a filing treaty and not a substantive harmonization treaty. It provides a cost-effective and efficient way for the trademark holder. It came into existence in 1996. It allows trademark protection for more than sixty countries, including all 25 countries of the European Union.
Paris Convention The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20th March 1883, was one of the first Intellectual Property treaties, after a diplomatic conference in Paris, France, on 20 March 1883 by Eleven (11) countries. According to Articles 2 and 3 of this treaty, juristic (one who has knowledge and experience of law) and natural persons who are either national of or domiciled in a state party to the convention. The convention is currently still in force. The substantive provisions of the convention fall into three main categories: National Treatment, Priority rights, and Common Rules.
An applicant for a trademark has six months after applying to any of the more than 160 member nations to file a corresponding application in any of the other member countries of the Paris Convention and obtain the benefits of the first filing date. Similar priority is afforded for utility patent applications, although the priority period is one year rather than six months. The Paris Convention is administered by WIPO.
North American Free Trade Agreement (NAFTA) came into effect on 01-January-1994, and is adhered to by the United States, Canada, and Mexico. The NAFTA resulted in some changes to U.S. trademark law, primarily about marks that include geographical terms. The NAFTA was built on the success of the Canada-U.S Free Trade Agreement and provided a compliment to Canada’s efforts through the WTO agreements by making deeper commitments in some key areas. This agreement has brought economic growth and rising standards of living for people in all three countries.
General Agreement on Tariffs and Trade (GATT) was concluded in 1994 and is adhered to by most of the major industrialized nations in the world. The most significant changes to U.S intellectual property law GATT are that nonuse of a trademark for three years creates a presumption the mark has been abandoned and the duration of the utility patent is now twenty years from the filing date of the application rather than seventeen years from the date the patent was issued, as was previously the case.