Internationalization of IP Protection

In 1873, The World Exposition was held in Vienna to encourage the exchange of education, knowledge, and
culture. However, American inventors chose to boycott the event. At that time, technology as we know it
today did not exist, and inventors’ rights were limited to their home countries. Many aspiring inventors feared
that showcasing their inventions at the exposition would lead to them being copied and commercialized by
others without proper acknowledgment or compensation. This highlighted the need for a global legal
framework to protect inventions across borders.

As a result, provisional protection laws were introduced specifically for inventions showcased at the
exposition. This event sparked the idea of creating a universal legal regime for international protection. In
1883, the Paris Convention for the Protection of Industrial Property was established, marking the start of the
international IP framework.

Shortly after, in 1886, the Berne Convention for the Protection of Literary and Artistic Works was formed,
driven by a campaign led by French writer Victor Hugo and his Association Littéraire et Artistique
Internationale. Its aim was to grant creators control over their works and ensure they received fair
compensation internationally.

The creation of the Madrid System in 1891 marked the launch of the first international IP filing service for the
registration of trademarks. In 1893, the United International Bureau for the Protection of Intellectual Property
(BIRPI) was established to oversee both the Paris and Berne Conventions.

In 1970, BIRPI evolved into the World Intellectual Property Organization (WIPO), formalized through a 1967
convention. By 1974, WIPO became a specialized agency of the United Nations, dedicated to promoting
intellectual creativity, facilitating technology transfer, and fostering economic development globally. Today,
WIPO has 193 member states and administers 26 treaties, including the original WIPO convention.

1. TREATIES FOR INDUSTRIAL PROPERTY PROTECTION :

1.1 The Paris Convention for the Protection of Industrial Property (1883)

The Paris Convention, signed in 1883, is one of the oldest and most influential IP treaties. It laid the
foundation for the protection of industrial property rights globally and has undergone several revisions to
keep up with technological advancements and changes in global trade.

● Scope of Protection:

The Paris Convention covers a broad spectrum of industrial property, including:

1. Patents: Protecting inventions by giving inventors exclusive rights for a limited time, usually 20 years.
2. Trademarks: Safeguarding brand names, logos, and symbols that distinguish goods and services.
3. Industrial Designs: Protecting the aesthetic design of products.
4. Utility Models: Often referred to as "small patents," these are a more accessible form of protection for
minor innovations.
5. Geographical Indications: Protecting names that indicate a product's geographical origin (e.g.,
Bordeaux for wine).
6. Protection Against Unfair Competition: Preventing practices such as false advertising or misleading
labeling.
 Historical Context: The Paris Convention was established in response to growing concerns
over the lack of uniformity in IP protection, particularly in the context of international
exhibitions and fairs where inventors feared that displaying their inventions would lead to
unauthorized use in other countries.

● Core Principles:
1. National Treatment: Countries must provide the same protection to foreigners as they provide to
their own nationals. This eliminates discrimination and levels the playing field for all.
2. Right of Priority: Inventors have a priority period—12 months for patents and 6 months for
trademarks and industrial designs—after the initial filing in one member country to apply in others
without losing their priority date. This period is crucial for companies seeking international protection.
3. Independence of Patents: A patent granted in one country is independent of patents in other
countries, meaning each country’s patent office can make decisions based on local laws.

Example in Practice:Imagine a German company files a patent for a new solar panel
technology in Germany. They then have 12 months to file the same patent in other Paris
Convention member countries, such as the United States, Japan, or India, while maintaining
the original filing date as the priority date. This system allows inventors to carefully plan their
international strategy without rushing.

● Advantages:
1. Simplification of Filing: A single initial application can secure a priority date for multiple future
filings.
2. Prevention of Discrimination: Ensures that local and foreign applicants receive equal treatment.

IMPORTANCE: The Paris Convention has contributed significantly to harmonizing IP laws across the world,
encouraging innovation by ensuring that inventors feel confident sharing their creations internationally
without the fear of losing their rights.

2.2 The Madrid System for the International Registration of Trademarks (Madrid Agreement - 1891,
Madrid Protocol - 1989)

The Madrid System, administered by the World Intellectual Property Organization (WIPO), is a streamlined
procedure for trademark owners to secure protection in multiple countries through a single application. The
system consists of two treaties: the Madrid Agreement (1891) and the Madrid Protocol (1989), with the
Protocol being a more modern and flexible component that many countries favor.

Scope of Protection:

The Madrid System allows for the international registration of trademarks, enabling businesses to protect
their brands across multiple jurisdictions with a simplified process.

Key Features:

● Centralized Management: A single application, submitted in one language and using one set of
fees, can extend trademark protection to any of the 130+ member countries.
● Home-Country Filing: The applicant must first file a national or regional trademark application
(known as the "basic application") in their home country.
● International Application: The basic application can then be extended to other member countries
through WIPO, where the designated countries individually review the trademark based on local
laws.
● Renewal and Modifications: Trademark owners can manage renewals and changes centrally,
making updates easier compared to dealing with individual countries separately.
Advantages:

● Cost-Effective: Reduces the need for separate filings, translations, and local agent fees, saving
both time and money.
● Simplified Management: Centralized renewal and updates make it easier to manage a global
trademark portfolio.

Example: A Swiss chocolate company wants to secure its brand in Canada, the European Union, and
China. Instead of filing separate trademark applications in each country, the company can file a single
international application through the Madrid System, specifying the countries where protection is sought.

IMPORTANCE: The Madrid System is crucial for businesses seeking to expand internationally, allowing
them to protect their brands efficiently in multiple markets while maintaining consistency in their trademark
protection.

2. Treaties for Copyright and Creative Works

2.1 The Berne Convention for the Protection of Literary and Artistic Works (1886)
The Berne Convention, signed in 1886 and now ratified by over 180 countries, is the backbone of
international copyright protection. Its introduction marked a turning point by recognizing that copyright
protection should not be confined by borders and should be granted automatically.

Scope of Protection:

● Covers a wide range of works including literature, music, art, films, software, architectural designs,
and other artistic expressions.
● Provides protection for both published and unpublished works.

Key Principles:

● Automatic Protection: Copyright is granted automatically when a work is created, without requiring
formal registration.
● National Treatment: Foreign authors receive the same protection in member countries as local
authors.
● Minimum Standards: Establishes baseline standards for copyright protection, which member
countries must adhere to. These include exclusive rights for translation, reproduction, and public
performance.

Minimum Terms:

● Duration: Protection lasts for at least the life of the author plus 50 years. Some countries have
extended this term to the life of the author plus 70 years.
● Moral Rights: Authors have the right to object to modifications or distortions that could harm their
reputation.

Exclusive Rights Under the Berne Convention:

● Reproduction: The right to make copies of the work.

● Adaptation: The right to create adaptations or derivative works.
● Public Performance: Rights to perform the work in public, such as a play or music concert.
● Broadcasting: Rights to broadcast the work via television, radio, or digital media.
● Translation: The right to translate the work into other languages.

Example: A French musician creates a song. Under the Berne Convention, the song is automatically
protected in all member countries. If a company in Canada wants to use the song in an advertisement, they
must seek permission and pay royalties to the musician.
Significance: The Berne Convention ensures that creative works receive uniform protection worldwide,
fostering an environment that encourages creativity and cross-border cultural exchange.

3. Treaties for IP Organization, Harmonization, and Governance

3.1 The Stockholm Convention & Establishment of WIPO (1967)
The Stockholm Convention in 1967 led to the creation of the World Intellectual Property Organization
(WIPO), a specialized United Nations agency. WIPO’s mission is to lead the development of a balanced and
accessible international IP system.

WIPO’s Core Functions:

● Administer International Treaties: WIPO manages numerous IP treaties, including the Patent
Cooperation Treaty (PCT) and the Madrid System.
● Dispute Resolution: Offers mediation and arbitration services to resolve cross-border IP disputes,
reducing the need for litigation.
● Capacity Building: Provides technical assistance to developing countries, helping them strengthen
their IP systems.
● International Cooperation: Encourages countries to harmonize their IP laws, reducing disparities
and fostering global collaboration.

WIPO’s IP Services:

● Patent Cooperation Treaty (PCT): Simplifies the international patent application process by
allowing inventors to file a single international patent application, which is recognized in all
participating countries.
● Madrid System for Trademarks: Centralized trademark filing for global brand protection.
● Hague System for Industrial Designs: Provides a streamlined process for the international
registration of industrial designs.

Significance: WIPO plays a pivotal role in setting global IP standards, facilitating the resolution of disputes,
and assisting developing countries in building strong IP frameworks to foster innovation and economic
growth.

4. Comprehensive IP Standards for Global Trade

4.1 The TRIPS Agreement (1994)
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), established in 1994, is a
crucial part of the World Trade Organization (WTO) framework. It is one of the most comprehensive
agreements governing international IP rights, affecting over 160 member countries.

Key Elements:

● National Treatment & Most-Favoured-Nation: All member countries must provide equal treatment
to foreign and domestic IP holders, ensuring non-discriminatory practices.
● Minimum Standards of Protection: TRIPS sets out minimum levels of IP protection that countries
must implement, including specific time frames for patents, copyrights, and trademarks.
● Enforcement: Mandates effective enforcement measures, requiring member countries to provide
civil, administrative, and criminal remedies for IP infringements.
● Dispute Resolution: Disputes between member states can be resolved through the WTO's dispute
settlement mechanism, making TRIPS enforceable in a way that previous IP treaties were not.
Coverage of IP Rights:

● Copyrights: Protects literary, artistic, and digital works, including software and databases.
● Trademarks: Safeguards logos, names, symbols, and any sign distinguishing goods and
services.
● Geographical Indications: Ensures protection for products associated with a specific region,
preventing misuse of names like “Parma Ham” or “Champagne.”
● Patents: Guarantees protection for inventions, with exceptions for certain sectors like health
and agriculture.
● Trade Secrets: Protects confidential business information such as manufacturing processes,
formulas, and techniques.

Example:

A pharmaceutical company patents a new medicine in the United States. Under TRIPS, other WTO
member countries must respect this patent for a minimum of 20 years, unless they invoke specific
public health exceptions allowed under the agreement.

Significance: TRIPS standardizes IP protection globally, encouraging fair trade and supporting
innovation. It ensures that businesses and creators can operate internationally with confidence that
their IP rights will be respected.

Quick Reference Table

Agreement/Treaty Year Focus Area Key Benefit

Paris Convention 1883 Industrial Property Simplified global IP protection

Madrid Agreement & 1891/1989 Trademarks Single application for multiple

Protocol countries

Berne Convention 1886 Literary & Artistic Automatic copyright protection

Works

Stockholm Convention 1967 IP Organization Centralized global IP governance

(WIPO)

TRIPS Agreement 1994 Comprehensive IP High international standards for IP