The Difference between WIPO and TRIPS
WIPO -World Intellectual Property Organization is a specialized agency that ensures the rights of inventors/artists/creators and intellectual property owners are not subject to infringement. In such a case, it protects said rights. Its responsibility consists of administering many multilateral treaties that look after the administrative and legal factors of IPR.
WIPO:
It is one of the 17 special agencies of the United Nations (UN). Its role is to promote the protection and encourage the creation of intellectual property, which greatly benefits the economy.
Objectives of WIPO:
1. To provide services for the international application of IPRs
2. To exchange Intellectual Property information among the signed/member countries
3. To provide legal and technical assistance for the development of other countries
4. To resolve disputes and issues related to Intellectual Property and harmonize the IP laws and regulations
5. To assist developing countries through advice, furnishing documents, and training
6. To promote interaction between stakeholders from different backgrounds at the national level
TRIPS:
It refers to the ‘Trade-Related Aspects of Intellectual Property Rights Agreement,’ which sets standards for the entire scope of Intellectual Property Rights, including applying said standards, with the help of administrative and legal actions.
Characteristics of TRIPS:
1. Standards: TRIPS establishes the basic standards of protection to be achieved by every country in providing so to their creators.
2. Enforcement: This feature specializes in the procedures and regulations adopted, including the enforcement of intellectual property rights and how to deal with them.
3. Dispute Resolution: TRIPS agreement settles disputes between WTO member countries concerning TRIPS obligations on every member country, provided that it is subject to the WTO’s settlement of dispute procedures.
Concerns of TRIPS:
1. Implementation of basic principles of the trading system, including international IPR agreements.
2. Methods adopted for the proper safeguarding of IPRs.
3. Proper implementation of rights in territories.
4. Resolving disputes on IPRs between the member nations of the World Trade Organization.
5. Transitional agreements occur when a new system/policy is introduced.
Duties of TRIPS:
1. TRIPS has made it compulsory for member nations to grant patents for inventions and processes in all fields indefinitely. The invention satisfies the tests of industrial applicability, novelty, and non-obviousness.
2. It has mandated microorganism patents, microbiological and non-biological patents.
3. It has limited the exclusion a member nation is allowed to make.
4. Ensuring the safeguarding and enforcement of intellectual property rights promotes innovation in various fields and aids in the economy’s flourishing.
CONCLUSION
As an agency under the United Nations, WIPO is to promote the creation of intellectual property, which fosters the economic development of nations. It helps administer various agreements and treaties that intend to harmonize intellectual property laws worldwide.
TRIPS (Trade-related Aspects of Intellectual Property Rights) is an agreement between member nations to protect the various aspects of Intellectual Property.