The World Intellectual Property Organization: Past, Present and Future

DJ Halbert - J. Copyright Soc'y USA, 2006 - HeinOnline
J. Copyright Soc'y USA, 2006HeinOnline
The mission of the World Intellectual Property Organization (WIPO), generally speaking, is to
spread the concept and benefits of a strong intellectual property system to the entire world.
Since intellectual property is primarily a western and industrial concept, an important goal in
support of WIPO's mission has been to educate and create the conditions for acceptance of
intellectual property throughout the global south. WIPO considers intellectual property laws
to be the foundation of innovation and progress and thus a public good that all nations …
The mission of the World Intellectual Property Organization (WIPO), generally speaking, is to spread the concept and benefits of a strong intellectual property system to the entire world. Since intellectual property is primarily a western and industrial concept, an important goal in support of WIPO's mission has been to educate and create the conditions for acceptance of intellectual property throughout the global south. WIPO considers intellectual property laws to be the foundation of innovation and progress and thus a public good that all nations should share. Since the creation of WIPO in 1970, it has had to adapt to a considerably changed world. The emergence of digital technologies, the formation of the Word Trade Organization (WTO), and a growing awareness of intellectual property issues around the world have all made the operation of WIPO more complex. Furthermore, since the Trade Related Aspects of Intellectual Property Agreement (TRIPs) came into force as part of the WTO in 1995, it has taken center stage in intellectual property disputes. Given the powerful enforcement mechanisms available through the TRIPs agreement, WIPO's relevance as an organization is threatened as states" forum shop" seeking the best protection for their" property." One additional new factor also exists. Dissent over the extension of intellectual property law is leaving the privacy of the negotiating room and entering the public debate. As the world wakes up to the negative impact of strong intellectual property protection, WIPO's global role as an intellectual property booster has come into question. Sparked by increasing emphasis put on the protection of intangible property, the past decade has witnessed a growing concern over the implications of strong intellectual property protection. The global south has aligned against the strong intellectual property protection embodied in the TRIPs agreement and United Nation's agencies, such as UNESCO and WHO, have expressed concern with intellectual property rights. International agreements, such as the
* Associate Professor of Political Science, Otterbein College. E-mail: dhalbert@ otterbein. edu. The research for this article was made possible by the Sabbatical Leaves Subcommittee and the Academic Dean's office at Otterbein College who approved and funded my sabbatical research to Geneva. Additionally, the WIPO library, while technically open to the public, was only accessible because of the help of the staff. Much of the documentation I draw on for this article is available only at the WIPO library in the form of minutes and reports from the early conferences.
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