Headquartered in Geneva, Switzerland, WIPO is one of the 16 specialized agencies in the United Nations organization system. It manages 24 international treaties covering all aspects of intellectual property protection (16 on industrial property, 7 on copyright, plus the Convention on the Establishment of the World Intellectual Property Organization). As of June 5, 2007, there were 184 member countries. 1. China and the World Intellectual Property Organization 1, China and the Century Intellectual Property Organization China joined the organization on June 3, 1980, becoming its 90th member. China joined the Paris Convention for the Protection of Industrial Property in 1985, the madrid agreement concerning the international registration of marks in 1989, and the Berne Convention for the Protection of Literary and Artistic Works in 1992/0/0. 1994/kloc-0. As of 1999 1 month, China has acceded to 12 treaties under the jurisdiction of the organization. On July 3rd, 2008, the World Intellectual Property Organization published the World Patent Report 2008 in Geneva, saying that the number of global patent applications reached1760,000 in 2006, an increase of 4.9% over 2005. The growth of patent applications in China, South Korea and the United States has promoted the growth of global patent applications. According to the report, the increase in the number of global patent applications confirms the increasing internationalization of innovation activities. According to the report, in 2006, the number of Japanese patent applications was 5 14047, that of the United States was 3,90815, that of South Korea was172,709, that of Germany was130,806, and that of China was128855. Due to the substantial increase in the number of patent applications in China, China's share in the total number of patent applications in the world has greatly increased. From 2000 to 2006, China's share increased from 1.8% to 7.3%. From 2005 to 2006, the total number of patent applications in China, South Korea and the United States increased by 32. 1%, 6.6% and 6.7% respectively. 2. China's intellectual property protection legislation: In addition, China's intellectual property protection legislation has also made great progress: (1), Patent Law. The Patent Law of China came into effect on April 1985. The patent system established according to law protects the patent right of invention and creation. Inventions include inventions, utility models and designs. (2) Trademark Law. The Trademark Law of China came into effect on March 1985. On February 22, 1993 was revised, which expanded the scope of trademark protection and added provisions on the registration and management of service trademarks in addition to commodity trademarks. In the formal review, the correction procedure was added, and in the substantive review, the review opinion system was established. (3) Copyright law. China's copyright law came into effect on June 199 1. 200 1 10 modified. (4), computer software protection regulations. On June 65438+ 10/day, 2002, the Regulations on the Protection of Computer Software came into effect. (5) Protection system for new plant varieties. China's Regulations on the Protection of New Plant Varieties came into effect on June 1 997+1October1day. The General Principles of Civil Law of People's Republic of China (PRC) stipulates six types of intellectual property rights, such as copyright, patent right, trademark right, right of discovery, right of invention and other scientific and technological achievements, and stipulates the civil law protection system of intellectual property rights. In the Criminal Law of People's Republic of China (PRC), the related contents of intellectual property crimes are also determined in Section 7, Article 8, thus determining the criminal law protection system of intellectual property rights in China. In addition, People's Republic of China (PRC) Patent Law, Trademark Law, Copyright Law, Invention Award Regulations and other separate laws and administrative regulations also stipulate relevant intellectual property rights. 3. China White Paper on Intellectual Property Protection: 1 June 1994 16 China White Paper on Intellectual Property Protection was released in three parts:1.China's basic position and attitude on intellectual property protection; Second, China has a high-level legal system to protect intellectual property rights; Third, China has a complete law enforcement system to protect intellectual property rights. According to the white paper, China's sincere stance of abiding by international conventions and bilateral agreements on intellectual property protection and its ability to fully undertake international obligations have been widely praised and supported by international public opinion. At the end of the white paper, it is pointed out that there are always some people in the world who turn a blind eye to the development and changes in China, ignore the basic facts and make wild comments on the current situation of intellectual property protection in China. There is no need to argue this argument. Facts are the best answer. Second, the history of the World Intellectual Property Organization: The roots of the World Intellectual Property Organization can be traced back to 1883. 1883, the Paris convention for the protection of industrial property was born. This is the first important international treaty aimed at protecting the intellectual creation of citizens of one country in other countries. The manifestations of these intellectual creations are industrial property rights, that is, inventions (patents), trademarks and industrial designs. The Paris Convention came into force in 1884, when there were 14 member countries, and an international bureau was established to carry out administrative tasks, such as convening meetings of member countries. From 65438 to 0886, with the conclusion of Berne Convention for the Protection of Literary and Artistic Works, copyright entered the international stage. The purpose of this convention is to protect the rights of nationals of its member countries internationally in order to control the use of their creative works and collect remuneration. The forms of these creative works are: novels, short stories, poems and dramas; Songs, operas, musical works and sonatas; And paintings, oil paintings, sculptures and architectural works. Like the Paris Convention, the Berne Convention also set up an international bureau to carry out administrative tasks. 1893, these two small international bureaus merged to form an international organization called the Joint International Bureau for the Protection of Intellectual Property Rights (generally abbreviated as BIRPI in French). This small organization is located in Bern, Switzerland. At that time, there were only seven staff members, that is, the predecessor of today's World Intellectual Property Organization, a dynamic entity with 184 member countries and about 938 staff members from 95 countries around the world, shouldering expanding missions and tasks. With the increasing importance of intellectual property rights, the structure and form of this organization have also changed. 1960, BIRPI moved from Bern to Geneva to be closer to the United Nations and other international organizations in the city. 1July, 967 14, 5/kloc-0 members of the International Union for the Protection of Industrial Property (Paris Union) and the International Union for the Protection of Literary and Artistic Works (Berne Union) jointly established the World Intellectual Property Organization (WIPO) in Stockholm, Sweden, in order to further promote worldwide intellectual property protection and strengthen cooperation between countries and WIPO. 1970, the Convention on the Establishment of the World Intellectual Property Organization came into force; After institutional and administrative reforms and the establishment of a secretariat accountable to member States, the Joint International Bureau for the Protection of Intellectual Property became the World Intellectual Property Organization. From 65438 to 0974, the World Intellectual Property Organization (WIPO) became a specialized agency of the United Nations organization system, shouldering the task of managing intellectual property affairs, and was recognized by the United Nations Member States. The World Intellectual Property Organization, the World Trade Organization and UNESCO are the three most important international organizations that manage intellectual property treaties (the latter two international organizations are not specialized agencies for intellectual property rights). The World Intellectual Property Organization is headquartered in Geneva and has a liaison office in the United Nations Building in new york, USA. From 65438 to 0978, the secretariat of WIPO moved into the headquarters building. From 65438 to 0996, WIPO signed a cooperation agreement with the World Trade Organization (WTO), which expanded its role in global trade management and further proved the importance of intellectual property rights. Three. Purpose of the World Intellectual Property Organization: The purpose of the World Intellectual Property Organization is: (1) to promote the protection of intellectual property rights worldwide through cooperation between countries and, if necessary, with other international organizations; (2) Ensure the administrative cooperation between intellectual property alliances. The organization administers a series of intellectual property treaties, including the Berne Convention for the Protection of Literary and Artistic Works and the Convention for the Protection of Producers of Phonograms from Unauthorized Reproduction of Their Phonograms. Functions of the World Intellectual Property Organization: The main functions of the organization are to promote worldwide intellectual property protection through cooperation between countries, manage the administrative work of 23 patent, trademark and copyright alliances based on multilateral treaties, and handle intellectual property legal and administrative affairs. A large part of the organization's financial resources are used for development cooperation with developing countries, promoting technology transfer from developed countries to developing countries, and promoting inventions and literary and artistic creation activities in developing countries to promote their scientific, technological, cultural and economic development. 4. World Intellectual Property Organization Convention: The World Intellectual Property Organization Convention and the Convention on the Establishment of the World Intellectual Property Organization (WIPO Convention) stipulate that the membership of the World Intellectual Property Organization is open to the following countries: (i) any country that is a member of the Paris Union for the Protection of Industrial Property or the Berne Union for the Protection of Literary and Artistic Works; (ii) A member of the United Nations or any specialized agency of the United Nations, or a member of the International Atomic Energy Agency or a State party to the Statute of the International Court of Justice; (iii) Any country that becomes a member of the World Intellectual Property Organization at the invitation of the General Assembly. Therefore, only countries can become members of the World Intellectual Property Organization. V. WIPO treaties: WIPO treaties are divided into three categories. A. intellectual property protection treaties. 1886 Berne convention for the protection of literary and artistic works. 2. Brussels Convention on the Distribution of Program Signals Transmitted by Satellite. Geneva Convention for the Protection of Producers of Phonograms from Unauthorized Reproduction of Their Phonograms. 4. 189 1 signed the Madrid agreement on false or deceptive marks of commodity origin in Madrid, and it was last revised in Lisbon in 1958. Nairobi Treaty for the Protection of the Olympic Symbol. 6. Patent Law Treaty. 7. The Paris Convention for the Protection of Industrial Property was signed in Paris in 1883 and last revised in Stockholm in 1967. 8. Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. 9. The Trademark Law Treaty (TLT) was concluded in Geneva on 1994 10. 10.WIPO copyright treaty-WCT) was adopted on 19961February 20th. 1 1.WIPO Performance and Phonograms Treaty (WPPT) was adopted on 19961February 20th. B. treaty on global protection system 1. Patent Cooperation Treaty-PCT), which was concluded on June 9, 1970/kloc-0. 2. The madrid agreement concerning the international registration of marks (hereinafter referred to as "Madrid Agreement") was concluded in Madrid in 189 1, last revised in Stockholm in 1967, and the protocol was added in 1989. 3. hague agreement concerning the international deposit of industrial designs (hague agreement concerning the international deposit of industrial designs). 4. 1977 On April 28th, the Budapest Treaty on the International Recognition of the Preservation of Microorganisms for Patent Procedure was concluded. Lisbon Agreement for the Protection of Names of Origin and Their International Registration. C. classification treaties. The Locarno Agreement establishing an international classification of industrial designs. 2. The Nice Agreement on the International Classification of Goods and Services for Trademark Registration (hereinafter referred to as "Nice Agreement") was signed in Nice on 1957, and was last revised in Geneva on 1977. 3. Strasbourg Agreement on International Patent Classification. 4. Vienna agreement on the establishment of an international classification of trademark graphic elements. In addition, the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization, which was concluded in Madagascar in April, 1994, is a major intellectual property treaty outside the management of the World Intellectual Property Organization, and came into force in April.
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