Concept, Historical Origins, and Global Intellectual Property Protection Mechanisms Under the Wipo Framework

What is Intellectual property?

Intellectual property (IP) is a legal–economic institution designed to promote innovation by granting time-limited exclusive rights over human creative outputs. According to the World Intellectual Property Organization (WIPO), IP comprises “the rights relating to the creations of the mind,” including patents, literary and artistic works, trademarks, industrial designs, and various other subject matters [1]. In the knowledge-based economy, the global IP system has become a core component in regulating competition, facilitating technology transfer, and managing creativity.

1. The Dualistic Nature of Intellectual Property under the WIPO System

WIPO categorizes IP into two major branches: (i) Industrial Property and (ii) Copyright and Related Rights, each governed by distinct mechanisms and protection standards [1].

1.1. Industrial Property

This group includes the following subject matters: inventions, trademarks, industrial designs, geographical indications, trade secrets, and acts of unfair competition [1]:

• Patents protect technical solutions that are novel, involve an inventive step, and are industrially applicable.
  The earliest international legal instrument for patents is the Paris Convention of 1883, which established the principles of National Treatment and Priority Rights [2].
  Patent rights are inherently a trade-off: the owner receives exclusivity for a term (t) in exchange for disclosing the invention to contribute to the public pool of knowledge [2].
• Trademarks are signs used to distinguish the origin of goods or services. They are key commercial assets that safeguard business reputation and reduce consumer confusion [1].
• Industrial designs, geographical indications, and other subject matters are regulated under specialized treaties such as the Hague and Lisbon systems administered by WIPO [1].

1.2. Copyright and Related Rights

Copyright protection is automatic once a work is fixed in a tangible medium, pursuant to the Berne Convention of 1886 [3].

• Moral rights protect the integrity of the work and the personal bond between author and creation; they are non-transferable [3].
• Economic rights allow reproduction, distribution, performance, and communication to the public; they may be transferred and monetised [3].

The Berne Convention also introduces the three-step test, enabling countries to craft reasonable limitations and exceptions [3].

2. Historical Origins and WIPO’s Normative Role

2.1. Formation: From Paris and Berne to BIRPI and WIPO

The modern IP framework stands on two pillars:

• Paris Convention (1883) – protection of Industrial Property; establishing National Treatment and Priority Rights [2].
• Berne Convention (1886) – protection of copyright; applying automatic protection and prohibiting formality requirements [3].

Both conventions were administered by BIRPI beginning in 1893. The Stockholm Convention of 1967 restructured BIRPI into WIPO, which later became a specialized agency of the United Nations in 1974 [4].

2.2. WIPO’s Role in the 21st Century

In the digital era, WIPO not only maintains historic treaties but also develops modern standards:

• WIPO Copyright Treaty (WCT, 1996) – extending protection to works in the Internet and digital environment [5].
• WIPO Performances and Phonograms Treaty (WPPT, 1996) – protecting digital performances and sound recordings [5].
• WIPO Development Agenda (2007) – ensuring balance between IP protection and development needs, particularly for developing countries [6].

According to the Ministry of Foreign Affairs of Vietnam, WIPO currently acts as the coordinating body of the global IP system, providing technical assistance, capacity-building, and facilitating the harmonization of national laws [4].

3. Multilateral Protection and Enforcement Mechanisms Coordinated by WIPO

3.1. International Registration Systems

WIPO operates centralized filing systems that streamline procedures across multiple jurisdictions:

• Patent Cooperation Treaty (PCT).
  Provides a mechanism to file a single international application seeking patent protection in over 150 countries. The PCT does not grant an “international patent,” but offers international search, preliminary examination, and defers national-phase decisions, enabling strategic planning for patent protection [7].
• Madrid System for trademarks – one international trademark application for multiple member states [1].
• Hague System for industrial designs – centralized filing instead of separate national applications [1].
• Lisbon System – protection of geographical indications and appellations of origin [1].

3.2. Dispute Resolution: WIPO Arbitration and Mediation Center

WIPO operates a specialized dispute resolution system for IP matters:

• WIPO arbitration is favoured for its confidentiality, multilingual procedures, reasonable cost structures, and deep technical expertise [4].
• WIPO is the leading institution administering domain name disputes under the UDRP, especially those involving trademark conflicts on the Internet [4].

4. WIPO in the Global Legal Architecture: Relationship with TRIPS–WTO

Although WIPO administers most major IP treaties, the current global framework is shaped by a dual structure:

• WIPO: develops standards and coordinates international registration systems.
• WTO–TRIPS: imposes minimum protection standards and provides interstate dispute settlement.

Together, these systems form a layered structure: WIPO establishes the normative foundation, while TRIPS ensures enforceability through the WTO dispute settlement mechanism.

Conclusion

WIPO plays a central role in establishing, maintaining, and modernizing the international IP system. Understanding the dualistic nature of IP, the historical origins rooted in the Paris and Berne Conventions, and the effective use of multilateral mechanisms such as the PCT, Madrid System, and UDRP is fundamental for businesses and nations seeking to manage intellectual assets in the digital era.

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References

[1] WIPO. (2004). Intellectual Property: A General Overview. Geneva: WIPO Publication.
[2] Paris Convention for the Protection of Industrial Property. (1883). World Intellectual Property Organization.
[3] Berne Convention for the Protection of Literary and Artistic Works. (1886). World Intellectual Property Organization.
[4] Ministry of Foreign Affairs (MOFA). (2020). Tài liệu cơ bản về WIPO. Hanoi: Ministry of Foreign Affairs of Vietnam.
[5] WIPO. (1996). WIPO Copyright Treaty (WCT) & WIPO Performances and Phonograms Treaty (WPPT).
[6] WIPO. (2007). The WIPO Development Agenda. Geneva: WIPO.
[7] WIPO. (2014). Guide to the Patent Cooperation Treaty (PCT). Geneva: WIPO Publication.