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International Framework
4.1 Key International Treaties
4.2 WIPO — Structure and Functions
World Intellectual Property Organization (WIPO):
- Established: 1967 (Convention signed 1967, entered into force 1970)
- UN specialised agency since 1974
- Headquarters: Geneva, Switzerland
- Members: 193 countries (India founding member)
- Director General: Daren Tang (Singapore, since 2020)
Key WIPO functions:
- Administer international IP treaties (26+ treaties including Berne, Paris, PCT, Madrid)
- Provide global systems for IP filings (PCT for patents, Madrid for trademarks, Hague for designs)
- Provide dispute resolution (Arbitration and Mediation Center, domain name disputes — UDRP)
- Capacity building and technical assistance to developing countries
- Develop international IP norms and policies
WIPO Global Innovation Index: Annual ranking of countries by innovation capability. India has been improving — ranked 40th in 2023 (up from 81st in 2015). India aspires to enter the top 25 by 2030.
4.3 TRIPS and Developing Countries
| Provision | Content |
|---|---|
| Doha Declaration (2001) | Clarified TRIPS allows compulsory licensing for public health; allowed LDCs to delay implementation |
| TRIPS flexibilities | Compulsory licensing, parallel imports, research/experimental use exemptions |
| TRIPS-Plus | Bilateral trade agreements (India-EU, India-US) sometimes demand stronger IP than TRIPS requires |
| Transition period | LDCs (Least Developed Countries) given extended time to implement pharmaceutical patents |