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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.
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)
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
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.
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.
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.
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.
The GATT trade rounds
Years       Place/name               Subject   COUN

1947        Geneva                   Tariffs   23


1949        Annecy                   Tariffs   13


1951        Torquay                  Tariffs   38


1956        Geneva                   Tariffs   26


1960-61     Geneva (Dillon Round)    Tariffs   26


1964-67     Geneva (Kennedy Round)   Tariffs   62


1973-79     Geneva (Tokyo Round)     Tariffs   102


1986-94     Geneva (Uruguay Round)   Tariffs   123
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.
Principles of WTO
1-Non Discrimination
most favorite nation
2-Free trade, predictable policies encouraging
   competition.
3-Extra provision of less developed countries.
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
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
Covering area of WTO
For services (the GATS annexes)
• Movement of natural persons
• Air transport
• Financial services
• Shipping
• Telecommunications
Elements Of WTO
1- Intellectual property
 Patents
 Copyrights
 Trademarks
 Industrial design
 Integrated circuits
 Trade secrets

2- TRIPS
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.
Intellectual Property
   An idea
   Invention
   Expression or literary creation
   Unique name
   Business method
   Industrial process
   Chemical formula
   Computer program process
   presentation
TRIPS


Agreement on trade related
 aspects of intellectual property
  rights.
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
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
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
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
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).
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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.
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
Criminal Proceedings
   Prosecution of the infringer under criminal
    law
   Imprisonment
   Fine
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.
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
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
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
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)
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.
WTO: Global Trade Rules & Organization

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WTO: Global Trade Rules & Organization

  • 1.
  • 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.
  • 9. The GATT trade rounds Years Place/name Subject COUN 1947 Geneva Tariffs 23 1949 Annecy Tariffs 13 1951 Torquay Tariffs 38 1956 Geneva Tariffs 26 1960-61 Geneva (Dillon Round) Tariffs 26 1964-67 Geneva (Kennedy Round) Tariffs 62 1973-79 Geneva (Tokyo Round) Tariffs 102 1986-94 Geneva (Uruguay Round) Tariffs 123
  • 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
  • 15. Elements Of WTO 1- Intellectual property  Patents  Copyrights  Trademarks  Industrial design  Integrated circuits  Trade secrets 2- TRIPS
  • 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
  • 18. TRIPS Agreement on trade related aspects of intellectual property rights.
  • 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.