Introduction
Intellectual property (IP) is the creation of an innovative mind that plays a crucial role in economic growth on a global scale. To protect such creations, IP protection is required to ensure consistency and fairness, which has been established through various international treaties. These international agreements set standard rules and frameworks worldwide for the protection of patents, trademarks, copyrights and other forms of intellectual property to encourage invention, creativity, economic growth, and trade and prevent unfair competition and unauthorized use.
The article will focus on and examine the following four key international treaties that play a crucial role in shaping intellectual property laws by setting global standards:
- The Paris Convention (1883) protects industrial property that covers patents, trademarks, industrial designs, and geographical indications with priority rights for patents and trademarks.
- The Berne Convention (1886) establishes automatic copyright protection for literary, artistic, and musical works, including books, films, paintings, and software, as well as moral rights.
- The WIPO Treaties (1967 and later), including the Madrid System (Trademarks), Patent Cooperation Treaty (PCT) and WIPO Copyright Treaty (WCT), expand protection, especially for digital works and international registrations. These three key international treaties are administered by the World Intellectual Property Organization (WIPO).
- In contrast, the fourth key treaty, the TRIPS Agreement (1994), is administered by the World Trade Organization (WTO), which provides flexibility for public welfare by enabling compulsory licensing and sets strong IP protection standards covering patents, trademarks, copyrights, geographical indications, and trade secrets ensuring a balance between IP rights and public interest.
Paris Convention for the Protection of Industrial Property (1883)
History
Before the Paris Convention, IP protection was territorial and often faced discriminatory treatment, which emerged as an idea of international agreement at the Vienna Exhibition in 1873, where foreign exhibitors were hesitant to showcase their inventions due to fear of piracy. This idea was encouraged by France, leading to a conference in Paris in 1880 and subsequently leading to the formation of the Paris Convention on March 20, 1883, which was initially signed by 11 countries: Belgium, Brazil, France, Guatemala, Italy, Netherlands, Portugal, El Salvador, Serbia, Spain, and Switzerland. Since its formation, the convention has been revised six times to accommodate technological and economic changes in – Washington (1911), The Hague (1925), London (1934), Lisbon (1958), Stockholm (1967 and amendments (1979), including simple procedural aspects.
Influence and administration
Despite being 140 years old, it is the most influential treaty in IP law that laid the foundation for modern international IP agreements, including – the Berne Convention (1886), the Madrid System (1891), the Patent Cooperation Treaty (PCT) (1970) and TRIPS Agreement (1995).
The Paris Convention is administered by WIPO (World Intellectual Property Organization), with an expansion to over 175 Countries. It has established universal principles for protecting patents, trademarks, industrial designs, and other industrial property rights across borders.
Fundamental Principles
The groundbreaking fundamental principles of Paris Convention establishes global protection and encourage economical growth by providing national treatment where each member country must treat foreign applicants the same IP protection as its own nationals for patents, trademarks, and industrial designs preventing discrimination during registration of patents or trademarks and enabling the member country to claim priority in another member country within a defined period ( 12 months for patents and 6 months for trademarks and industrial designs ), allowing the inventors and businesses to secure protection without losing priority caused due to time delays during international filing and expand it to a global level by preventing others from filing similar applications in different jurisdictions leading to protection against unfair competition such as misleading the public about a product or service via false advertising, copying well-known brand’s identity by imitating trademark, claiming a product origin from a famous region by misuse of geographical indications, using deceptive trade practices such as using fake labels on products and performing unfair business tactics. The convention provides uniform protection globally, but on the other hand, it also provides independence over patents and trademarks so that if, for some reason, the property expires or gets rejected in one country, it does not impact or invalidate it in another member country, which protects the inventors from losing their rights internationally. It also provides trademark protection to widely recognized brands even without registration to prevent unauthorized use of global brands by local companies. To promote economic development and prevent patents from being used only to block competition instead of using the invention to the fullest extent, the treaty has included compulsory licensing, which provides the authority to local manufacturers to produce and use the invention, promoting affordability and usage.
Challenges and limitations
Although the Paris Convention has set rules globally, they do not enforce them as the enforcement depends on national courts, and some countries do not fully implement IP protection due to weak legal systems, leading to piracy and counterfeiting. Another challenge faced by the treaty is due to the modern digital era, which requires updates to address cyber IP theft and domain name disputes. After the Paris Convention, multiple IP treaties, such as TRIPS, PCT, and Madrid Protocol, came into play, making the application process complex and expensive in many countries.
Berne Convention (1886)
History
Before the Berne Convention, copyright laws were country-specific, which means the protection was limited to the country where the work was created. This led to the reproduction of work without permission or compensation to the original creator with no legal consequences for the infringers.
With due consideration of the requirement of a standardized copyright system, the Berne Convention was initiated in 1886 by the Swiss city of Berne to address the growing concerns about the unauthorized use of literary and artistic works across national borders. Victor Hugo, the famous French writer, played a pivotal role in advocating and drafting this international treaty, emphasizing the need for global intellectual property rights. He is the founder of the Association Littéraire et Artistique Internationale (ALAI), and it is due to his efforts that led to the formation of the Berne Convention, which was officially adopted and signed on September 9, 1886, in Berne, Switzerland. To date, it has been updated several times to adapt to new forms of media and international legal developments in 1908 (Berlin), where copyright was strengthened by removing formal registration requirements, and in 1928 (Rome) where moral rights were introduced allowing authors to protect the integrity of their works, in 1948 (Brussels) where copyright protection extended to 50 years after the author’s death, in 1967 (Stockholm) where copyright issues were addressed for developing countries and in 1971 (Paris) where limited fair use is allowed for education and research.
Influence and administration
With over 180 member countries, the Berne Convention for the Protection of Literary and Artistic Works is the most significant landmark international treaty that establishes the foundation for copyright protection worldwide with an influence to World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, ensuring legal protection to the creative works of authors, artists, and composers in all member countries without the need for formal registration and thereby preventing creators from losing their rights across national borders through unauthorized reproductions. Additionally, the convention has also influenced digital copyright laws, helping creators to protect their works online shared on platforms such as YouTube, Instagram, and streaming services, enforcing copyright rules based on principles derived from the Berne Convention.
Fundamental Principles
International copyright protection is governed by some core principles laid down by the Berne convention that allow automatic protection upon the creation of a work globally and is fixed in a tangible form (e.g., written, recorded, or published) without requiring any formal application or registration fee, unlike some national copyright laws. The author’s work (Literary, artistic, musical, photographic, and cinematographic) is protected on the same level in all other member countries as it was in its jurisdiction for at least 50 years after the author’s death (although many countries such as United Kingdom, United State and European nations have extended this to 70 years or more). The authors are provided with moral rights to claim their work and object to any modifications or distortions that harm their reputation. The author also holds exclusive rights to reproduce their work, distribute or sell copies, translate their work into other languages and adapt their work into different formats such as films, plays or games.
Challenges and limitations
As the digital world evolves, copyright challenges have increased, especially with the rise of the internet, social media, online piracy, and artificial intelligence (AI). Many of the Berne Convention’s principles have been extended to digital content, leading to developments such as the WIPO Copyright Treaty (1996), which strengthened protection for digital works, the DMCA (Digital Millennium Copyright Act) in the U.S which enforced digital rights management and youtube’s copyright system & content ID is developed to comply with Berne’s provisions on copyright enforcement. While the Berne Convention sets legal standards, enforcement varies across countries. The internet has made it easier to distribute pirated content, making international enforcement difficult. These loopholes have limited access to educational materials, scientific research, and medicine in developing countries, leading to different interpretations.
Future developments
With rapid changes in technology, the Berne Convention is likely to evolve further. Organizations like the World Intellectual Property Organization (WIPO) are working on updates and new agreements to address emerging challenges, such as stronger digital copyright enforcement mechanisms, more precise guidelines on AI-generated content and more balanced copyright laws that consider access to education and fair use principles.
TRIPS (Trade-Related Aspects of Intellectual Property Rights), 1995
History
Before TRIPS, intellectual property protection varied widely from country to country with no or weaker patent protection against unauthorized use, leading to disputes such as counterfeiting or piracy, especially in industries like pharmaceutical, technology, fashion and software, trade-related issues as companies from developed and developing nations such as U.S., EU, and Japan faced revenue losses and pressure from MNC for more vigorous global IP enforcement. Due to weaker or no patent protection, developed and developing countries were able to manufacture cheap generic medicines, as well as produce software and copy technologies without restrictions.
In response to this, an agreement was aimed to create a global IP agreement during the Uruguay Round of General Agreement on Tariffs and Trade (GATT) negotiations (1986–1994), led by the United States, European Union, and Japan under the World Trade Organization (WTO) in 1995 and came to known as TRIPS(Trade-Related Aspects of Intellectual Property Rights) agreement. Developing countries resisted the deal due to fear of a rise in costs for essential goods.
Influence and administration
TRIPS agreement plays a crucial role in balancing innovation incentives and global access to technology and medicines across 164 WTO member countries. This led to the strengthening of global trade, innovation, and investment by setting global minimum standards for enforcing and protecting IP rights, including patents, copyrights, trademarks, trade secrets, and geographical indications.
Fundamental Principles
All WTO members have to integrate the basic IP protection standards set forth by TRIPS in their national law. It covers a range of intellectual property topics. Books, films, songs, and software, along with other literary, innovative, and scientific works, are protected by copyright and associated rights for not less than 50 years after the author’s passing (some nations extend this to more than 70 years). Databases and computer programs are also considered as copyrightable works. With a minimum protection term of seven years and a boundless extension period, trademarks secure exclusive rights over company names, logos, and symbols.
Furthermore, the agreement restricts the illegal use of well-known trademarks (such as “Nike” or “Coca-Cola”). Novel innovations in all technical disciplines are secured by patents for a maximum of 20 years. Patents must be innovative, feature an inventive step, and have industrial use in order to be eligible. In addition, TRIPS enables compulsory licensing, which means that in certain instances, such as public health emergencies, legislatures could allow the manufacturing of protected goods without the patent holder’s consent. For not less than ten years, industrial designs retain the functionality and visual appearance of manufactured goods. Geographical indications (GIs) guard against the unauthorized use of geographically authentic names and protect items linked with specific regions, such as French champagne and Indian Darjeeling tea. TRIPS also safeguards trade secrets and hidden information, making sure that private firm data isn’t misused or disclosed without approval.
TRIPS and access to medicines
Access to medicine, especially in developing nations, is one of the main complaints levelled at TRIPS. By extending pharmaceutical firms’ patent protections, TRIPS keeps drug prices high and restricts access to life-saving treatments for conditions including cancer, TB, and HIV/AIDS. To address these issues, the Doha Declaration on TRIPS and Public Health (2001) reiterated the importance of public health over patents. It made it clear that in times of medical emergency, governments might provide mandatory licenses to manufacture generic copies of patented medications. It also allowed parallel imports, which let countries purchase less expensive brands of medicines from other countries. The COVID-19 pandemic further heightened discussions over pharmaceutical availability and TRIPS. In order to enable developing nations to manufacture generic COVID-19 vaccines without being subject to patent restrictions, India and South Africa submitted a TRIPS waiver. In 2022, following protracted talks, the WTO issued a temporary waiver that enables developing countries to produce vaccines at a lower cost.
Challenges and Future Development
TRIPS confronts new problems in a number of areas as technology advances. Concerns regarding the security of digital content, streaming services, and AI-generated works have increased with the development of digital technology and artificial intelligence (AI). Copyright rules need to be updated to handle digital piracy and content ownership problems. Similar to this, finding a balance between sustainability and intellectual rights is essential in light of climate change. To address the world’s environmental issues, developing countries need more access to green technologies. The inflexibility of patent regulations is another significant issue. Overly stringent IP protections can impede the development of new technologies and medical treatments, which begs the question of whether TRIPS needs to be changed to prevent copyrights and patents from impeding scientific innovation. IP rights and the public interest may be balanced in future discussions to make sure that innovation benefits everyone, not just patent holders.
World Intellectual Property Organisation (WIPO) Treaties (1976 and Later)
The role of WIPO in global IP protection
In order to guarantee the protection of intellectual property (IP) rights beyond state boundaries, the World Intellectual Property Organization (WIPO) Treaty is an essential international agreement. WIPO is a specialized agency of the United Nations that was established in 1967 and has its headquarters in Geneva, Switzerland. It is accountable for managing a number of treaties that have the aim to strengthen and harmonize intellectual property laws throughout the globe. A key component for encouraging innovation, creativity, and economic progress is intellectual property, which includes patents, copyrights, trademarks, and industrial designs. International collaboration in defending these rights is made easier by WIPO’s treaties, which guarantee that inventors, companies, and creators are fairly acknowledged and have legal protection for their creations, regardless of where they are used or distributed.
Major WIPO Treaties and Agreements
Adapting copyright protections to the digital age, the WIPO Copyright Treaty (WCT) is one of the most important treaties that the WIPO administers. In an era where digital reproduction and online distribution have made illicit copying and piracy common, it guarantees that writers, artists, and software developers maintain rights over their creations. By providing performers and producers of sound recordings with additional protections, the WIPO Performances and Phonograms Treaty (WPPT) enhances this and protects their rights against the development of digital technology. These treaties support equitable access to knowledge and culture while balancing the interests of the public and artists.
A significant accord overseen by WIPO is the Patent Cooperation Treaty (PCT), which streamlines the procedure for inventors looking to get patent protection across several nations. Through the PCT, innovators can submit a single international application for patent recognition in more than 150 contracting states, which is then reviewed and expedited, rather than filing individual applications in each country. By drastically lowering the price, difficulty, and time needed to get worldwide patent protection, this approach promotes technical advancement and global innovation. Businesses can effectively safeguard their brand identities in international marketplaces by registering trademarks in several jurisdictions with a single application under the Madrid System for International Trademark Registration.
The Hague System for the International Registration of Industrial Designs, which offers a uniform process for registering industrial designs across several nations, is also supervised by WIPO in addition to these essential accords. The fashion, consumer goods, and automotive industries—all of which depend on breakthroughs in both functional and attractive design—need this pact. Furthermore, geographical indicators are protected under the Lisbon Agreement, guaranteeing that goods associated with specific areas—like French champagne or Indian Darjeeling tea—retain their legitimacy and reputation.
The future of global IP protection
WIPO accords are essential for promoting innovation, cultural interchange, and economic progress. The standardized legal frameworks offered by these agreements encourage investment in R&D and the creative industries. However, there are still issues, especially with tackling the growing risks of digital piracy and counterfeit goods, as well as protecting intellectual property rights internationally. There are offers for reforms that strike a balance between innovation incentives and fair access to information and technology since opposing parties feel that the current IP structures favour major corporations over small firms and developing countries.
As technology advances, WIPO modifies its treaties and rules to address new issues, such as material produced by artificial intelligence (AI), blockchain-based intellectual property transactions, and international e-commerce laws. The group collaborates closely with stakeholders, corporations, and governments to develop solutions that preserve intellectual property rights while guaranteeing equitable access and use. Through enhancing global collaboration, WIPO treaties contribute to the development of a future in which intellectual property continues to be a key factor in the advancement of science, cultural expression, and global economic prosperity.
Conclusion
Major international agreements like the TRIPS Agreement, the Paris Convention, the Berne Convention, and those run by WIPO are crucial to bringing intellectual property (IP) protection into harmony globally. As a way to address global concerns, particularly regarding today’s digital world, the WIPO treaties update IP rules. Authors in all member nations automatically acquire ownership of their works via the Berne Convention, which guarantees robust copyright protections. International safeguarding for patents, trademarks, and designs is offered by the Paris Convention, which lays forth fundamental guidelines for industrial property. By enforcing basic protection requirements throughout participating countries, the World Trade Organization’s (WTO) TRIPS Agreement combines intellectual property rights into international trade. When combined, these agreements provide a strong global framework for safeguarding intellectual property while striking an agreement between public access to knowledge. Designs are offered by the Paris Convention, which lays forth fundamental guidelines for industrial property. By enforcing basic protection requirements throughout participating countries, the World Trade Organization’s (WTO) TRIPS Agreement combines intellectual property rights into international trade. When combined, these agreements provide a strong global framework for safeguarding intellectual property while striking an agreement between public access to knowledge.
