The World Trade Organization (WTO) deals with global trade rules and agreements between nations, establishing a forum for trade negotiations, monitoring policies, and handling disputes. The WTO seeks to help trade flow freely by gradually reducing barriers and ensuring fair competition through principles like non-discrimination, transparency, and special provisions for developing countries. Key agreements cover trade in goods and services as well as intellectual property rights.
2. WTO
The World Trade Organization (WTO) is the only global
international organization dealing with the rules of trade between
nations. At its heart are the WTO agreements, negotiated and
signed by the bulk of the world’s trading nations and ratified in
their parliaments. The goal is to help producers of goods and
services, exporters, and importers conduct their business.
3. General Information About WTO
Location: Geneva, Switzerland
Established: 1 January 1995
Created by: Uruguay Round negotiations (1986–
94)
Membership: 148 countries (since 13 October
2004)
Budget: 169 million Swiss francs for 2005
Secretariat staff: 630
Head: Pascal Lamy (director-general)
4. Functions
• Administering WTO trade agreements
• Forum for trade negotiations
• Handling trade disputes
• Monitoring national trade policies
• Technical assistance and training for developing
• Cooperation with other international organizations
countries
5. Sole Of WTO
the WTO is a place where member
governments go, to try to sort out the
trade problems they face with each
other.
At its heart are WTO agreements,
negotiated and signed by the bulk
of the world’s trading nations.
But the WTO is not just about
liberalizing trade, and in some
circumstances its rules support
maintaining trade barriers —
for example to protect consumers or prevent the spread of
disease.
6. Base Of WTO Is GATT
GATT
The General Agreement on Tariff And Trade
Was introduce in 1948 as a result of the
international desire liberalizes trade.
7. Objectives
1-Rising standards of living
2-Ensure full employment and a large and
steadily growing volume of real income and
effective demand
3-Developing full use of the resources of the
world.
4-Expansion of production and international
trade.
8. Principles
1-Non discrimination
no member country shall discriminate between
the GATT
2-Prohibition quantative restrictions
GATT rules sought to prohibit quantative
restrictions as far as possible
3-Consultation
providing a forum for consultation.
10. WTO Objectives
1-To help trade flow as freely as possible
2-To achieve further liberalization gradually through
negotiation.
3-To set up the impartial means of settling disputes.
11. Principles of WTO
1-Non Discrimination
most favorite nation
2-Free trade, predictable policies encouraging
competition.
3-Extra provision of less developed countries.
12. Functions of WTO
• Administering WTO trade agreements
• Forum for trade negotiations
• Handling trade disputes
• Monitoring national trade policies
• Technical assistance and training for
developing countries
• Cooperation with other international
organizations
13. Covering area of WTO
For goods (under GATT)
• Agriculture
• Health regulations for farm products (SPS)
• Textiles and clothing
• Product standards (TBT)
• Investment measures
• Anti-dumping measures
• Customs valuation methods
• Preshipment inspection
• Import licensing
• Subsidies and counter-measures
• Safeguards
14. Covering area of WTO
For services (the GATS annexes)
• Movement of natural persons
• Air transport
• Financial services
• Shipping
• Telecommunications
16. Intellectual Property
An intellectual property is any product of human
intellect and has some value in the
marketplace.
or
Rights given to creators to prevent others from
using there inventions , designs or creations
are known as intellectual property rights.
17. Intellectual Property
An idea
Invention
Expression or literary creation
Unique name
Business method
Industrial process
Chemical formula
Computer program process
presentation
19. Objectives of TRIPS
The protection and enforcement of intellectual
property rights should contribute to:
The promotion of technological innovation
The transfer and dissemination of technology
The mutual advantage of producers and users
Social and economic welfare
To prevent abuse of intellectual property right
20. Scope of TRIPS
The TRIPS agreement covers 5 elements
Basic principles of trading system applicable to
intellectual property protection
Protection of specific intellectual property rights
Enforcement of intellectual property rights
Settlement of dispute on intellectual property
between the members of WTO
Special transitional arrangements
21. Minimum standards for the protection
of intellectual property rights
TRIPS requires all WTO members to provide
certain minimum standards of protection
and effective enforcement for:
Patents
Copyrights
Trademark
Industrial design
Integrated circuits
Trade secrets
Geographical indications
22. Patents
For an invention whether product or
process to be registered as a patent
It must be new
It must involve an inventive step
It must be capable of industrial application
23. Non Patents
Diagnostic or surgical methods of
treatment
Plant and animal inventions other
then micro-organisms
Sui generis system provided by
international union for the
protection of new varieties of
plants (UPOV).
24. Elements of Patents
1-Invention:Any new and useful invention
including chemical product ,art process
,method or manner of manufacture ,
2-Process:Any art ,process or method of new
manufacture of a product and includes a new
use of a known procees or a product.
3-Product:Any substance ,article ,machine or a
chemical product.
25. Duration of a Patents
As required by TRIPS term of a patent is 20
years from the date of application
But terms of the patents granted under the old
1911 act shall remain 16 years
26. Copyright
Copyright is that area of law which provides
protection to original works of authorship
including books ,paintings ,architecture
,musical composition and copyright software
etc.
27. Copyright
The subject matter of copyright protection
includes:
Literary ,scientific and artistic works
The idea or its form must be original creation
of the author.
28. TRIPS agreement and copyright
TRIPS agreements also ensure the protection of:
Computer programs and database
Rental rights to computer programs ,sound
recordings and films.
Rights of broadcastings organizations.
29. Copyright in Pakistan
In Pakistan computer programs are excluded
from patent protection under the patent law.
protection under the copyright laws is the
only safeguard available for the computer
software industory.The ordinance provides
that copyright subsists in original ,literary
,dramatic ,musical and artistic work.
30. Duration of copyright
The duration of a copyright of a literary
,dramatical ,musical or artistic work
(excluding photography) is for 50 years.
In the case of cinematographic and photographic
work ,the copyright period is for 50 years
from the year of publication of the work.
31. Trademark
Any sign that serves to distinguish the
products or services of one undertaking from
that of the other understanding.
A mark is defined to include a device
,brand ,heading ,label , ticket ,name ,signature
word ,letter or any combination.
32. Marks in colour
The provides that a mark registered without
limitation of clours is registered for all
clours.But a trademark may be limited to one
or more specified colours and such limitations
will be taken in to consideration by any
tribunal having to decide on the distinctive
character of the trademark.
33. Validity of registration and renewals of
trademarks
The act permits registration of a trademark for a period of 7 years
from the date of application ,unless renewed. Registration is
renewed for a term of 15 years .Renewal can be applied for
not more then six months before the date of expiry of the
registration.At least one month before the date the
registration is required to notify the proprietor the mark is
renewable on payment of renewal fees.if these fees are not
paid the mark is advertised in the journal and may afterwards
be removed from the register.Any mark such removed from
the register can be restored ,if it is just to do so ,on payment
of the prescribed fees.
34. Flow Chart
Fill out form TM-54
Power of attorney(Rs500 Stamp paper)
I.D card photocopy of managing partner
5 original letter head with trademark
Fill in form TM1
Collection of all above documents to be
sent to registrar of trademark
Receive trademark certification with in 30
days of submission of TM1 form
35. Industrial Design
It covers the ornamental features of products
including shapes ,lines and colours.Industrial
designs are protected mainly in consumer
articles .Duration of protection of industrial
design is 10 years.
36. Trade Secrets
The Trade Secrets and other type of
undisclosed information which have
commercial value must be protected against
breach of confidence and other acts contrary
to honest commercial practices.
37. Geographical Indication
Geographical indications aim at informing the
consumer that a good has the quality
,reputation or other characteristics essentially
attributable to its geographic origin
38. Enforcement of Intellectual Property
Rights
The agreement prescribes institutional mechanism
procedures and remedies that WTO member should
adopt:
To enable Intellectual Property Right (IPR) holders
to obtain redress under civil law.
For the prosecution of counterfeiters and pirates
under criminal law.
For providing provisional relief's
Prevention of release of infringing goods by custom
authorities.
39. Civil Remedies
Preventing entry of imported goods that are
infringing
To order the infringer to pay right holder
damages to compensates for injury
To order destruction of infringing goods
40. Criminal Proceedings
Prosecution of the infringer under criminal
law
Imprisonment
Fine
41. Special Transitional Agreements
WTO member were provided with following
transitional periods for the implementation of
the provisions of TRIPS agreements
Developed Countries -1y-till 1st Jan 1996.
Developing Countries -5y-till 1st Jan 2000.
Least Developed Coun -11y-till 1st Jan2006.
42. Challenges for Pakistan
(domestic issues)
Underdeveloped judicial system;
backlogged cases in the courts resulting in
delays.
Failure to enforce court’s orders for the
protection of intellectual property rights
Corruption
Failure of the Govt. to protect data
exclusively during licensing process
43. Benefits to Pakistan
The TRIPS agreements has paved a way for
Revamping Pakistan’s intellectual property
legislation
Creation of necessary infrastructure to enforce
the legislation
Encourage foreign investment in Pakistan
Provides incentives for local investors and
authors
44. Background
Intellectual Property Rights regime of Pakistan used
to consist of
Merchandise marks act 1889
Patent and design act 1911
Patent and design rules1933
Secret patents rules1933
Trade mark act 1940
Trade marks rules 1963
Copyright ordinance 1962
45. Pakistan’s developments in the wake of WTO
regime
Amendments and new legislation
Copyright (amendment)ordinance2000
Patents ordinance 2000
Trade mark act 2001
Trade mark rules 2004(enforce on 12th April)
Registration of integrated circuit ordinance2000
Industrial design ordinance 2000
New plant breeds rights law (draft stage)
New software law(pending before committee of NA)
46. PIPRO
(Pakistan Intellectual Property Rights
Organization)
Presently different authorities deal with
different intellectual property rights in Pak.
The Ministry of Industries (patents)
The Ministry of Commerce( trade marks)
The Ministry of Education (copyrights)
Cabinet has approved the draft bill to set up
the PIPRO –waiting for the decision of the
parliament.