KLAW 411

INTELLECTUAL PROPERTY LAW

GROUP 1

MEMBERS

MWENESI MAJOR LAW/M/0361/05/16

KABAILLAH NINA CYNTHIA LAW/M/0354/05/16

MAULINE TANYA LAW/M/0330/05/16

CHEPKORIR EILEEN LAW/M/0506/05/16

CHEPKURUI MERCY

NORAH MARION KAGGIA LAW/M/0570/05/16

QUESTION

Discuss the Acquisition of Intellectual Property Rights and the Legal Framework
for the Protection of Intellectual Property rights at the national, regional and global
levels.
INTRODUCTION

Intellectual Property law forms a basis for the protection of inherent rights that
accrue from ideas and thought processes unique to individuals. Very broadly, it
refers to the legal rights which result from intellectual activity in the industrial,
scientific, literary and artistic fields.1 A study of the entire corpus of Intellectual
Property law would not be fruitful absent an appreciation of how individuals
acquire intellectual property rights and the legal framework that governs the
aforesaid body of law at the national, regional and international level.

The first part of this exposition therefore attempts to highlight the various ways in
which Intellectual Property Rights, including, inter alia, patents, trademarks,
copyrights and Industrial Designs are acquired.

The second part concerns itself with accentuating the legal framework governing
Intellectual Property Rights at the national, regional and International level while
setting out the various institutions charged with the prime responsibility of
enforcing the same rights or enacting laws relating to Intellectual Property Rights.

WAYS IN WHICH INTELLECTUAL PROPERTY RIGHTS ARE

ACQUIRED

Intellectual property rights may be acquired in a variety of ways including:

I. Registration
II. Licensing
III. Assignment
IV. Testamentary Disposition ( will)
V. Purchase
VI. Leasing

1
WIPO Intellectual Property Handbook, 2nd edn, pg 3
 I. Registration

The first person to acquire the constituent Intellectual Property Right is the
individual that came up with the invention in case of a patent and had the same
registered after complying with the requirements for registration under the
Industrial Property Act2. The same applies to first ownership of a trademark and
registration of the same per the Trademarks Act and the creation and registration of
literary and artistic works including songs under the Copyright Act.

II. Licensing

After the registration of an Intellectual Property right, the owner of the right may
grant a license to other individuals to use the same right. In the case of a
Copyright, Section 33 of the Copyright Act provides for the ways in which a
copyright shall be transmissible to include licensing.3 The Industrial Property Act
makes provision for licensing of patents under Section 64.4

III. Assignment

An Intellectual Property assignment refers to the transfer of an owner’s rights, title

and interest in certain intellectual property rights. The transferring party (the
assignor) transfers to the receiving party (the assignee) its property in intellectual
property rights, such as patents, trademarks, industrial designs and copyrights.5

IV. Testamentary Disposition

Intellectual property may be acquired through inheritance by a will. This is well

provided for under Section 33 of the Copyright Act in the case of Copyrights.6

V. Purchase

Intellectual property rights may also be purchased. For instance, one can purchase
rights to another’s protected creative work in the case of copyrights. The purchase
may be for an agreed period of time as may be the agreement between the
constituent parties to the purchase.
2
Industrial Property Act, No. 3 of 2001, Section 70
3
Copyright Act, Cap 130 Laws of Kenya, Section 33
4
Industrial Property Act, No. 3 of 2001, Section 64
5
Cornish W, and Llewelyn D, Intellectual Property; Patents, Copyright, Trademarks and Allied Rights (6th edn, Sweet
and Maxwell, London) pg 560
6
Copyright Act, Cap130 Laws of Kenya, Section 33
 VI. Leasing

An owner of intellectual property rights may also lease the same rights to another
individual at a prescribed fee. The individual to whom the intellectual property is
leased becomes the owner of the same intellectual property during the subsistence
of the leasing period.

PART 2

FRAMEWORK FOR PROTECTION OF INTELLECTUAL PROPERTY

RIGHTS

a) National Regimes and Institutions

The national framework is composed of the Constitution and the national laws that
provide for IPR administration and dispute resolution. The following are the basic
Kenyan Intellectual Property Instruments:

I. The Constitution of Kenya 2010

II. The Industrial Property Act, No. 3, 2001
III. Copyright Act No. 12, 2001 v
IV. The Seeds and Plant Varieties Act, Cap 326
V. Trademark Act, Cap 506
VI. Anti-Counterfeiting Act, No. 13, 2008
VII. The Protection of Traditional Knowledge and Cultural Expressions Act,
2016
VIII. Copyright Regulations, 2004
IX. Kenya Copyright Board Rules of Procedure
 I. The Constitution of Kenya 20107

The Constitution is undeniably the apex legal instrument in Kenya and it is binding
to all persons and state organs at both levels of government.8 By dint of Article
2(6) of the Constitution, all international treaties ratified by Kenya form part of the
country’s laws.9 It therefore follows that all international treaties ratified by Kenya
in the realm of Intellectual Property Rights fall within the confines of Kenya’s
legal system per the aforesaid constitutional provision. These include, inter alia,
the TRIPS Agreement (The Agreement on Trade-Related Aspects of Intellectual
Property Rights), which will be discussed more comprehensively in the latter parts
of this exposition.

Further, Parliament is required to enact legislation for purposes of compensation,

where cultural expressions of the Kenyan Communities are appropriated, and the
protection of indigenous seeds and plant varieties of the communities.10

The state is under the constitutional obligation to protect, promote and support the
Intellectual Property Rights of the Kenyan People.11 The obligation upon the state
further extends to ensuring that the Intellectual Property Rights in the “indigenous
knowledge of, biodiversity and the genetic resources of the communities” of
Kenya is enhanced.12

Property is defined by the Constitution to include intellectual property.13 This

connotes that intellectual property should be granted the same pr otection accorded
to any other tangible property in the country.14

Institutions Established by the Constitution for Intellectual Property

Administration and Dispute Resolution

It should be noted that the Constitution allocates matters dealing with Intellectual
Property rights to the National Government.15
7
The Constitution of Kenya, 2010
8
Ibid, Article 2(1)
9
Ibid, Article 2(6)
10
Ibid, Article 11
11
Ibid, Article 40(5)
12
Ibid, Article 69 (1) (c)
13
Ibid, Article 260
14
Ibid, Article 40
15
Ibid, Fourth Schedule
Chapter 10 of the Constitution provides for an independent Judiciary and a system
for dispute resolution in Kenya. The Chapter establishes the superior courts that
include the Supreme Court, the Court of Appeal and the High Court as well as the
subordinate courts comprised of the Magistrate Courts and Tribunals. 16

The courts are thus established by the Constitution and tasked with the mandate of
rendering decisions regarding disputes related to property rights, including
Intellectual Property Rights. They mainly hear appeals from the various institutions
established to administer intellectual property rights in Kenya, including but not
limited to, the Industrial Property Tribunal.

II. Industrial Property Act17

The Industrial Property Act provides for protection of patents, utility models and
industrial designs. The main object of this act is to provide for the promotion of
inventive and innovative activities, to facilitate the acquisition of technology
through the grant and regulation of patents, utility models, technovations and
industrial designs.18

Institutions Established by the Industrial Property Act for Intellectual

Property Administration and Dispute Resolution

The Kenya Industrial Property Institute (KIPI)

Section 3 of the Industrial Property Act establishes the Kenya Industrial Property
Institute (KIPI) as the main implementation and administration agency for
Industrial Property in Kenya.19 The Institute liaises with other national, regional
and transnational intellectual property offices, patent offices and international
organizations that are involved in industrial property protection.

The mandate of the Kenya Industrial Property Institute includes: considering

applications for and granting industrial property rights; screening technology
transfer agreements and licenses; providing to the public industrial property

16
Ibid, Chapter 10
17
No. 3, 2001, Kenya
18
Ibid, Interpretation Section
19
Ibid, Section 3
information for technological and economic development; and promoting
inventiveness and innovativeness in Kenya.20 The Managing Director of the
Institute determines opposition proceedings relating to registration of Industrial
Designs.21

The Industrial Property Act also establishes the Industrial Property Tribunal22 that
determines appeals from the decision of the Managing Director as well as
revocation and infringement proceedings relating to patents, utility models and
Industrial designs.23 The grant of a patent or registration of a utility model or
industrial design may be revoked upon application in the prescribed manner before
the Tribunal. Appeals from the decision of the Tribunal may be filed at the High
Court of Kenya.24

The Industrial Property Tribunal (IPT)

Establishment and Composition of the Industrial Property Tribunal

The Industrial Property Tribunal is established under Section 113 of the Industrial
Property Act for two main purposes:

i. Hearing and determining appeals where provision is made for appeal from
the decisions of the Managing Director under the Industrial Property Act and
ii. Exercising the other powers as conferred on it by the Industrial Property
Act25

Jurisdiction of the Industrial Property Tribunal

The Industrial Property Tribunal’s jurisdiction extends to various disputes relating

to patents, Industrial Designs, Utility Models and Technovations in the following
circumstances:

i. Appeals against any decisions of the Managing Director of the Kenya

Industrial Property Institute (KIPI) to register a patent26
20
Ibid, Section 5
21
Ibid, Section 89 (3)
22
Ibid, Section 113
23
Ibid, Section 112
24
Ibid, Section 115 (1)
25
Justice N.R. Ombija:Case Study of Kenya’s Specialized Intellectual Property Rights Courts Regime: International
Intellectual Property Institute(Nairobi,2011). Law.org/kl/index.php?id=1889 (Accessed on 9 th May 2019 at 4.43 am)
26
Industrial Property Act, 3 of 2001, Section 112
 ii. Appeals against any decision of the Managing Director refusing to register a
contractual license
iii. Applications for grant of compulsory licenses to exploit a patented invention
for non-working reasons
iv. Applications for grant of compulsory licenses to exploit a patented invention
for inter dependable Patents
v. Applications for transfer of compulsory licenses
vi. Applications for cancellation of compulsory licenses by any interested party,
or by the Minister or owner of the Patent
vii. Determination orders for exploitation by the government or a third party
authorized by the government, of a patented invention in the field of semi-
conductor technology on grounds of non-competitiveness
viii. Appeals from the decisions of the Minister on exploitation of Patented
inventions by the government, or by third parties authorized by the
government
ix. Appeals from the decisions of the Arbitration Board regarding disputes
between an employer and an employee on technovations
x. Applications for revocation of a Patent, Industrial Design or Utility model.
xi. Applications for injunctions to prevent infringement of a Patent, Industrial
Design or Utility model or for continuation of such infringement and
damages
xii. Applications for declaration of non-infringement of a Patent, Industrial
Design or utility model
xiii. Applications for injunctions to prohibit the threat of infringement
proceedings and damages thereof
xiv. References from the Managing Director, for directions in matters involving a
point of law or matters of unusual importance 27

Powers of the Tribunal

The Industrial Property Tribunal has judicial powers to make any order for the
purposes of securing the attendance of any person, the discovery or production of
any document, or the investigation or punishment for any contempt of court, which
the High Court has power to make. 28
27
Ibid, Section 118
28
Ibid, Section 114
In addition, upon any appeal to the Tribunal under the Industrial Property Act, the
Tribunal may:

i. Confirm, set aside or vary the decision in question

ii. Exercise any of the powers which could have been exercised by the
Managing Director in the proceedings in connection with which the appeal is
brought, or
iii. Make such orders as to costs as it deems fit29

Appeals to the High Court

Any party to the proceedings before the Tribunal may appeal from any order or
decision of the Tribunal, to the High Court and upon the hearing of such an appeal,
the High Court may-

i. Confirm, set aside or vary the decision in question

ii. Remit the proceedings to the Tribunal with such instructions for further
consideration, report, proceedings or evidence as the High Court may deem
fit to give
iii. Exercise any of the powers which could have been exercised by the Tribunal
in proceedings in the matter before the Tribunal
iv. Make such order as it may deem fit as to the costs of the appeal or of earlier
proceedings in the matter before the Tribunal

Notably, the Copyright Regulations and the Kenya Copyright Board Rules of
Procedure come in handy to supplement the Copyright Act.

Trade Marks Act30

The Act provides for registration of trade and service marks.

The Registrar of Trademarks

The Managing Director of the Kenya Industrial Property Institute (KIPI) also
doubles up as the Registrar of Trade Marks31.

29
ibid
30
Cap 506, Laws of Kenya
31
Ibid, Section 2 of the Act defines the Registrar of Trade Marks as the Managing Director of KIPI
The Registrar is assisted in discharging his duties under the Trade Marks Act by a
deputy Registrar and assistant Registrars and such other person, who must be an
advocate of seven years practice in Intellectual Property matters, as may be
appointed by the Minister for Trade on the recommendation of the Board of the
Kenya Industrial Property Institute (KIPI), to assist the Registrar in the
performance of any of the functions or the exercise of any of the powers conferred
upon the Registrar under the Trade Marks Act with respect to the conduct of
hearings relating to opposition to applications for registration or rectification of the
register.

Jurisdiction of the Registrar

The Registrar presides over both contentious and non-contentious matters

involving specific aspects of Trademarks in Kenya. The Trade Marks Act
prescribes the scope of the Registrar’s powers as illustrated below:

The jurisdiction of the Registrar over non contentious Trademarks matters is

mainly administrative and involves matters regarding the Registration of
Trademarks, Trademarks searches, screening of Trademarks licenses and licensing
of Trademarks, assignment of Trademarks and general advisory opinion on
registrability of Trademarks.

The Registrar’s jurisdiction over contentious matters relating to Trademarks

extends to the following circumstances:

The Registrar has the powers, upon request by an applicant for a Trademark, to
hear submissions against citations or conditions raised by the Registry.

The Registrar presides over opposition hearings by any person opposing the
registration of a Trademark in Kenya in accordance with the Procedure laid out in
the Trademarks rules.32 Any person aggrieved by the decision of the Registrar may
appeal to the High Court.33

The Copyright Act34

32
Ibid, Section 20
33
Ibid, Section 21
34
No. 12 of 2001
The Copyright Act provides for protection of copyright and related rights. The
rights which are eligible for copyright include literary works, artistic works, audio-
visual works, sound recordings, broadcasts and computer programs.35

The Act establishes the Kenya Copyright Board (KECOBO)36 and a Competent
Authority37 to determine appeals from the decisions of the Board.

The Act provides that infringement of copyright may lead to both civil and
criminal liability against the offender38 and for criminal offences; it empowers
KECOBO to appoint an appropriate number of inspectors to investigate copyright
infringement.39

The Kenya Copyright Board (KECOBO)

The Copyright Act mandates the Kenya Copyright Board to administer and enforce
all matters of copyright and related rights in Kenya. The board is responsible for
organizing legislation on copyright and related rights. It also conducts training
programs on copyright and related rights. Further, the board licenses and
supervises the activities of collective societies. 40

Collecting Societies

The Board licenses and supervises the Collective Management Organizations to

collect and distribute copyright royalties on behalf of their members.41 Collective
Management Organizations are private organizations that are established to
collectively administer the rights of their members such as composers, performers,
authors, artists, book publishers among others.

The Copyright Act defines a collecting society as an organization which has as its
main object, or one of its main objects, the negotiating for the collection and
distribution of royalties and the granting of licenses in respect of copyright works
or performer’s rights.42

35
Ibid, Section 22 (1)(a) –(f)
36
Ibid, Section 3
37
Ibid, Section 48
38
Ibid, Part IV
39
Ibid, Section 39
40
Ibid, Section 5
41
Ibid, Section 46
42
Ibid, section 48 (4)
In Kenya, they include: The Reproduction Rights Society of Kenya (KOPIKEN),
Kenya Association of Music Producers (KAMP), Music Copyright Society of
Kenya (MCSK) and the Performers Rights Society of Kenya(PRISK).

The Competent Authority

As provided for under Section 48 (1) of the Copyright Act, it means an authority of
not less than three and not more than five persons appointed by the Attorney
General for the purpose of exercising jurisdiction under the Act. 43

The Competent Authority determines appeals from the decisions of the Kenya
Copyright Board. (KECOBO) and the Collective Management Organizations
(CMO)44

Seeds and Plant Varieties Act45

The Act provides for protection of plant breeders’ rights (PBR) and procedure for
registration of new plant varieties and cancellation of the rights by the Cabinet
Secretary.46 Section 28 of the Act establishes the Seeds and Plants Tribunal.47

The Seeds and Plants Varieties Tribunal (SPV)

The general Jurisdiction of the Tribunal is provided for under section 29 of the
Seeds and Plant Varieties Act.

The tribunal determines appeals from the Managing Director of Kenya Plant
Health Inspectorate Service (KEPHIS) to allow or refuse the grant of Plant
Breeders Rights (PBR) or to cancel the grant of PBR and determine PBR
infringement proceedings.

The Act empowers the Tribunal to act as an arbiter in any matter relating to
infringement of PBR and matters agreed to be determined under an arbitration
agreement48.

43
Ibid, Section 48
44
Ibid
45
Cap 326 Laws of Kenya
46
Ibid, Section 17
47
Ibid, Section 28
48
Ibid, Section 29
The act provides that a final appeal from the decision of the Tribunal on a point of
law may be filed at the High Court; otherwise, the decision is final.49

The Anti-Counterfeit Act50

The Act establishes the Anti-Counterfeit Agency (ACA). 51It also provides for
appointment of inspectors to investigate and prosecute infringement of all
Intellectual Property Rights protected in Kenya.

Offences under the Act are provided for under Section 32 while penalties are
provided for under Section 35.

The Anti-Counterfeit Agency

The Agency is empowered to coordinate all activities relating to combating

counterfeit trade in Kenya while the Anti-Counterfeit Regulations require all
institutions carrying out enforcement of IPR to make monthly reports to the Anti-
Counterfeit Agency.52

Other notable functions of the Agency include enlightening and informing the
public on matters relating to counterfeiting and combating counterfeiting, trade and
other dealings in counterfeit goods.

The Protection of Traditional Knowledge and Cultural Expressions Act53

The Act provides for a framework for the protection and promotion of traditional
knowledge and cultural expressions and to give effect to Article 11, 40 and 69 (1)
(c) of the Constitution.54

Section 5 of the Act designates the Kenya Copyright Board to establish and
maintain the repository of traditional knowledge and cultural expressions as well as
Implementation of the Act at the National level.55

49
Ibid, Section 29 (3)
50
No. 13 of 2008
51
Section 3, ibid
52
Regulation 6, L.N. 126 of 2010: Kenya Gazette Supplement No. 52
53
No. 33 of 2016
54
Ibid, Interpretation Section
55
Ibid, Section 5
Section 4 of the Act sets out the responsibilities of the County Governments which
include: primary registration, preservation and conservation, facilitation of access
and sharing of information and allocation of financial resources for traditional
knowledge and traditional cultural expressions.56

Under Section 10 of the Act, the community is empowered to promote its

traditional knowledge and traditional cultural expression, control its uses and
benefit from its commercial exploitation, thus limiting or outlawing the
unauthorized use by third parties.57

b) Regional Regimes and Institutions

The regional legal instruments on Intellectual Property include:

I. The Agreement by the African Regional Intellectual Property Organization

(ARIPO) (1976, 1982, 2002)
II. The Banjul Protocol on Marks, 1993 (Came into force 1997)
III.The Harare Protocol on Patents and Industrial Designs (Amended in 1987
and 1994)

The Agreement by the African Regional Intellectual Property Organization

(ARIPO)

ARIPO is made up of a treaty and a protocol to the Treaty. The treaty (The Lusaka
Agreement) establishes ARIPO in Article 1 thereof.

The objectives of the Treaty include:

i. The promotion of the harmonization and development of the Industrial

Property laws, and matters related thereto, appropriate to the needs of the
members and of the region as whole
ii. The establishment of such common services or organs and development of
the Industrial Property activities affecting its members

56
Ibid, Section 4
57
Ibid, Section 10
iii. Assisting its members in the development and acquisition of suitable
technology; and
iv. The evolution of a common view in Industrial property matters58

The Patent Documentation and Information Centre (PIDOC) provides

members and potential member states with technological information available
from patent and patent related documentation. The protocol regulates industrial
property rights and each ARIPO member state is implicitly allowed to operate
distinct national patent regimes.59

The ARIPO regime has three distinct features on patentable subject matter. First,
the regime has no concept of non-patentability. Second, it adopts the absolute
novel criteria for patentability. Third, both the concept and criteria for patentability
are conditional upon National Patent Laws.60

Pursuant to its functions and powers under the Agreement, the Administrative
Council of ARIPO has developed protocols and regulations that form the
background of the legal and operational design of Intellectual Property protection
in member states under the System. These include:

i. The Harare Protocol on Patents and Industrial Designs within the

Framework of the African Regional Industrial Property Organization.
ii. The Banjul Protocol on Marks
iii. The Swakopmund Protocol on the Protection of Traditional Knowledge and
Expressions of Folklore61

The Harare Protocol

The Harare Protocol applies to protection of Patents and Industrial Designs.

The protocol provides for a framework for filing and protection of patents and
Industrial Designs within member states. The regulations are made by the
Administrative Council pursuant to Section 5 of the Harare Protocol and mainly
deal with substantive matters relating to the content of applications filed with
58
Kameri P, Intellectual Property Protection in Africa: An Assessment of the Status of Laws, Research and Policy
Analysis on Intellectual Property Rights in Kenya, ( International Environmental Law Resource Centre,2005)
59
ibid
60
ibid
61
Chacha Odera, An Overview of Regional Systems for IP Protection, www.oraro.co.ke/2018/09/12/an-overview-of-
regional-systems-for-ip-protection/ (accessed on 10th May 2019 at 8:00am).
ARIPO office including on the requirements for patentability, the right of priority,
Appeal Procedures against decisions of patent examiners and treatment of
applications under the ARIPO system.62

The Banjul Protocol

The Banjul Protocol on Marks, adopted by the Administrative Council in 1993

establishes a trademark application filing system along the lines of the Harare
Protocol.

Under the Banjul Protocol, an applicant may file a single application either at one
of the Banjul Protocol Contracting states or directly with the ARIPO office.63

c. International Regimes and Institutions

The following are the International Legal regimes on Intellectual Property Rights:

i. Berne Convention on Literary and Artistic Works, 1886

ii. Convention on Biological Diversity,1992
iii. International Convention on the Protection of New Plant Varieties (UPOV)
1961, 1978, 1991
iv. Madrid Agreement on Registration of Trademarks, 1891
v. Paris Convention on the Protection of Industrial Property, 1883
vi. Protocol to the Madrid Agreement on the International Registration of
Marks, 1989
vii. Trade Related Aspects of Intellectual Property Rights Agreement, including
Trade in Counterfeit Goods, 1994 (TRIPS)

Berne Convention on Literary and Artistic Works, 188664

The Berne Convention was drawn up in 1886 and has long required that the
‘enjoyment and exercise’ of copyright in the works of the Convention should not
be ‘subject to any formality’. This means that registration and notices cannot be
made prerequisites for protection.65
62
ibid
63
ibid
64
The Berne Convention on Literary and Artistic Works
65
Ibid, Article 5(2)
Over time, the Berne Convention has come to demand that members provide
certain minimum standards of protection to copyright owners and authors. These
include the right to reproduce the work,66 to perform the work publicly,67 to
translate the work,68 to adapt the work, and to broadcast the work.69 Members are
also to give authors (rather than the Copyright owners) the moral rights of
attribution and integrity.70

Convention on Biological Diversity,199271

The Convention on Biological Diversity (CBD) recognizes the rights of indigenous

people who preserve biological resources to share in the benefits arising from the
commercial exploitation thereof. This has prompted further calls for greater
protection for traditional intellectual resources for the developing world-notably,
plant culture, medicinal products, and indigenous folklore.72

International Convention on the Protection of New Plant Varieties (UPOV)

The Union for the Protection of New Varieties of Plants (UPOV) was established
by the International Convention on the Protection of New Plant Varieties. The
Convention was adopted in Paris in 1961 and revised in 1972, 1978 and 1991.

The objective of the Convention is the protection of new varieties of plants by an

intellectual property right. By codifying intellectual property for plant breeders,
UPOV aims to encourage the new development of plants for the benefit of society.
73

Madrid System (Agreement on Registration of Trademarks, 1891 and the

Protocol to the Madrid Agreement on the International Registration of
Marks, 1989

66
Ibid, Article 9
67
Ibid, Article 11
68
Ibid, Article 8 and 11(2)
69
Ibid, Article 11
70
Bently L, and Sherman B, Intellectual Property Law (3rd edn, Oxford University Press 2009) pg. 40
71
Convention of Biological Diversity, 1992
72
Bently L, and Sherman B, Intellectual Property Law (4th edn, Oxford University Press 2009) pg 10
73
Position of the International Union for the Protection of New Varieties of Plants (UPOV) concerning Decision VI/5
of the Conference of the Parties to the Convention on Biological Diversity (CBD).April 11, 2003. p 2
https:web.archive.org/web/20050504231127/http://www.upov.int/en/about/pdf/gurts_11april2003.pdf
(accessed 11th May 2019 at 5.40 am)
The Madrid System is the primary international system for facilitating the
registration of trademarks in multiple jurisdictions around the world.

The registration through the Madrid System creates a bundle of national rights
through an international registration able to be administered centrally. The System
provides a mechanism for obtaining trademark protection around the world which
is more effective than seeking protection separately in each individual country or
jurisdiction of interest.

The Madrid protocol system provides for the international registration of

trademarks by way of application that can cover more than one country. The
System is administered by the International Bureau of the World Intellectual
Property Organization (WIPO) in Geneva, Switzerland.

Paris Convention on the Protection of Industrial Property, 1883

The Paris Convention on the Protection of Intellectual Property establishes a union

for the protection of Industrial Property.

According to Article 2 and 3 of the convention, juristic and natural persons who
are either national of or domiciled in a state party to the Convention, shall, as
regards the protection of industrial property, enjoy in all the other countries of the
union, the advantages that their respective laws grant to nationals.

Trade Related Aspects of Intellectual Property Rights Agreement, including

Trade in Counterfeit Goods, 1994 (TRIPS)

The Agreement on Trade Related Aspects of Intellectual Property Rights is an

International Agreement administered by the World Trade Organization that sets
down minimum standards for many forms of Intellectual Property Regulation as
applied to nationals of other WTO members.
The Agreement introduced intellectual property law into the multi-lateral trading
system for the first time and remains the most comprehensive multi-lateral
agreement on intellectual property to date.

Specifically, TRIPS requires WTO members to provide copyright rights covering

authors and other copyright holders, as well as holders of related rights such as
performers, sound recording producers and broadcasting organizations.

TRIPS also specifies enforcement procedures, remedies and dispute resolution

procedures.

World Intellectual Property Organization

It is one of the 15 agencies of the United Nations. It was created in 1967 to

encourage creative activity, to promote the protection of Intellectual Property
throughout the world. It does this through ensuring cooperation among states and
where appropriate, in collaboration with any other international organization, to
ensure administrative cooperation among unions. 74

74
Bentley L, and Sherman B, Intellectual Property Law (3 rd edn,Oxford University Press 2009) p 46