The Future Of WIPO In A Post DE-Globalized World!

 

I’m wondering, as in the First wave de-globalization has been triggered, what would be the status of WIPO, i.e. Hague, UDRP (Other Domain Name Redressal Arbitration Boards), Madrid, PCT; and if in case the First Wave is successful, policies/rules of WIPO would hardly be followed then; again, if in case the First Wave becomes successful, and most probably, it would indeed become. Firstly, the Fee part would have substantial implications, especially in case of PCT; wherein, the option of 90% reduction for the NPs won’t be accepted by others. But the biggest issue is, what is the guarantee that WIPO commandments post DE-Globalization would be accepted by all? I presume, China would revolt, and why not, the most affected are the South Asian and South East Asian nations, and some part of the EU, UK! And if WIPO becomes another WHO, then who is going to do the Quality work in the less money? And let me tell you one thing! Not everyone can understand or follow or apply WIPO’s policies and rules; forget about the quality part of the service! It is complicated! And cannot be practically implemented by everyone! The currency conversion issue would again raise many more concerns henceforth.

So, what would become the modus operandi of future? Is it the Conventional style protection for the IP rights, i.e. within 6 Months / 12 Months, for designs, patents, trademarks, from the country of origin?

The more surprising part is, the World accepted such fragile economic structures, and were sailing on the goodwill of mere one or two nations! How?

Let’s come down to the IP part. I feel FOUR things would happen, if in case WIPO ends up just alike WHO:

1. 1.     We would return back to the same conventional era of policies w.r.t. IP, as stated above, that would then be valid only in case of the reciprocal treatise signed b/w two or more nations, but now individually, and separately, and never together; like in the case of WTO or TRIPS! This means we would be doing the same work what WIPO is doing today, but at an individual level!

1. 2.     Just alike how BERNE is now covered, as a reciprocal treaty in case of Copyrights, Design (minus HAGUE), would is covered;

1. 3.     With respect to Patents, I’ve no idea how much that would remain valid then, because, in the case DE-Globalization, I don’t think so anyone would respect the Patents that much, and the extended period of 30-31 Months in case of PCT filing  would also vanish; that would return back to the normal 12 Months only, in case of the convention part! So, the companies and people with the DEEP pockets would be able to go for the International IP protections for Patents; whilst the rest, won’t be that lucky to have much vested interest in the absence of Deep pockets;

1. 4.     The Trademarks in any case won’t be that much affected, as in the present case also, when going by the Madrid, only 6 Months Priority is given + the additional cost that would be involved, that would be then levied on the applicant only, while going directly, as a part of the convention; rather been given some concessions, in case of going by the Madrid Protocol! And again, if and when the WIPO ends up becoming another WHO, who is going to fund the extra funding part to maintain its working, and most importantly, Quality working!

Thus, how the IP would change post-globalization, this is just a mere overview or synopsis of what might happen. 😊

© Pranav Chaturvedi