Introduction
Intellectual property rights are the rights that an individual has over the properties which he has created by using his intellect and mind. These are given for the intangible property.
The idea of these rights is not new and can be traced back to the 19th century. Some various international treaties and conventions have become the basis of the development of intellectual property. Various international conventions and treaties have led to the development of intellectual property rights. These conventions are:
Paris Convention, 1883
The Paris Convention of 1883 became the basis of the starting of the regime of intellectual property rights. The modifications and rules for the development and necessity of intellectual property rights started from the Paris Convention only. This convention was the first instrument to provide for the rights for intellectual property like patents, industrial designs, utility models, geographical indications, etc.
The main principles of the Paris Convention were:
National Treatment
According to this principle, each contracting party must grant the same level of protection for intellectual property rights (IPR) to the nationals of other contracting parties as it provides to its nationals. Additionally, nationals of non-contracting parties may also be granted protection if they reside in the contracting party’s territory or are conducting business there.
Priority Rule
This rule states that if an individual files an application for protection in one contracting party and subsequently files in other contracting parties, the second and any subsequent applications will be considered as having the same filing date as the first application. This grants the applicant priority over others who file later.
Common Rule
- Patents and marks should be granted irrespective of the fact that the other contracting party has given them.
- Industrial designs must be protected in each contracting party irrespective of the fact that the design is not manufactured in that contracting party.
- Trade names: protection must be granted to trade names in each contracting party.
- Each contracting party must issue guidelines for the unfair use of intellectual property.
Berne convention, 1886
The Paris Convention did not mention anything about copyrights and providing copyrights as intellectual property rights; hence, there was a need for an instrument that provided a convention for copyrights, and the Berne Convention came into the picture.
The main principles of the Berne Convention are:
- It also follows the principle of national treatment. Another contracting party must protect the origination of the work in one contracting party.
- The protection must not be complied with any formalities. It must be unconditional and automatic.
- The protection must be independent of the country of origin.
- This convention provides for the various rights that someone for their property secures if they have the copyright.
- The convention provides that this protection must be granted for a lifetime and 50 years after death.
World Intellectual Property Organization Convention, 1967
The World Intellectual Property Organization emerged from both the Paris Convention and the Berne Convention. Both of these provided for one different organization. The World Intellectual Property Organization Convention provides for only one organization for both conventions, that is the World Intellectual Property Organization.
The main objectives of the World Intellectual Property Organization are:
- To promote and make people aware of intellectual property rights in the whole world.
- To ensure cooperation among the unions of intellectual properties established by various treaties.
Besides performing administrative tasks, the World Intellectual Property Organization engages in many other activities to ensure the above objectives are met. They are:
- Provide legal assistance to various states to states.
- Provides for norms, standards, and rules related to the grant and fair use of intellectual property rights.
- This includes information on the registration process and related processes.
Patent Corporation Treaty, 1970
The treaty provides that an individual can obtain patent protection in 150 countries simultaneously by an international application. Provided that such person obtaining protection must be the national of a contracting party of the patent corporation treaty.
International organizations will search the application, that is, international search authorities, and the deadlines have to be followed as per the patent cooperation treaty.
The process for applying the patent cooperation treaty is as follows:
- The application is to be filed at the local level, and within 12 months from the filing of the application at the national level, the application at the international level has to be filed. This date is considered to be a priority date.
- On the basis of the application, an international search is conducted by the global search authority. Then, they send international search reports and a non-binding written opinion on whether the invention is patentable or not.
- The applicant then either withdraws its application or amends the application on the basis of an international search report and written opinion.
- If the applicant does not want to withdraw or amend his application, it is to be published to the international bureau with the global search reports.
- The applicants then ask for a preliminary examination and search. The reports for the initial examination and search are then made public.
- Within 30 months from the priority date, the applicant may be able to enter the national phase, register a patent in the country, and be granted international protection as well.
