Major International Instruments Relating to the Protection of Intellectual Property
Major International Instruments for IP Protection
1. Paris Convention for the Protection of Industrial Property (1883)
One of the earliest international treaties.
Covers patents, trademarks, industrial designs, utility models, service marks, and trade names.
Key principles:
National treatment: Each member country must give foreigners the same IP protection as its own nationals.
Right of priority: Allows applicants to use the filing date of the first application in one member country as the priority date in other member countries (usually within 12 months for patents and 6 months for trademarks).
2. Berne Convention for the Protection of Literary and Artistic Works (1886)
Governs copyright protection.
Ensures protection of authors’ rights in literary, artistic, and musical works.
Key principles:
Automatic protection: No need for formal registration.
National treatment: Equal protection for foreign authors.
Minimum protection standards for moral and economic rights.
3. Patent Cooperation Treaty (PCT) (1970)
Facilitates the international filing of patent applications.
Enables an applicant to file a single "international" patent application to seek protection in multiple countries.
Simplifies the process and delays national phase entry by up to 30/31 months.
4. Madrid Agreement and Protocol (1891, Protocol 1989)
Provides a system for the international registration of trademarks.
Enables trademark owners to protect their marks in multiple countries by filing one application with the World Intellectual Property Organization (WIPO).
5. Hague Agreement Concerning the International Deposit of Industrial Designs (1925)
Facilitates international registration of industrial designs.
Allows applicants to seek protection for a design in multiple countries through a single application.
6. TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) (1994)
Administered by the World Trade Organization (WTO).
Sets minimum standards for the protection and enforcement of IP rights across WTO member countries.
Covers patents, trademarks, copyrights, industrial designs, geographical indications, and trade secrets.
7. WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) (1996)
Address challenges posed by digital technology.
Enhance protection of copyrights and related rights in the digital environment.
Summary Table:
| Instrument | Area of IP Covered | Key Feature |
|---|---|---|
| Paris Convention | Patents, Trademarks, Designs | National treatment, right of priority |
| Berne Convention | Copyright | Automatic protection, moral rights |
| Patent Cooperation Treaty (PCT) | Patents | Simplified international filing |
| Madrid Agreement & Protocol | Trademarks | International trademark registration |
| Hague Agreement | Industrial Designs | International design registration |
| TRIPS Agreement | All major IP types | Minimum standards & enforcement |
| WIPO Copyright & Phonograms Treaties | Copyright & related rights | Digital environment protection |
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