In today’s increasingly globalized world, protecting intellectual property beyond national borders is more important than ever. With ideas, inventions, and creative works crossing boundaries instantly, international cooperation is essential to ensure that IP owners can safeguard their rights globally. In this regard, several long established key treaties have been essential in setting standards and providing platform for protection of IP internationally. They are the backbone of the modern form of IP as we now know it.
Below are the summaries top six international treaties that have the greatest influence on intellectual property protection worldwide. Note that while not all nations are members of these treaties, much of the global IP standards are heavily impacted by them:
The Paris Convention for the Protection of Industrial Property (1883)
Arguably the most important IP treaty is The Paris Convention, as it is the oldest and most foundational treaty that laid the groundwork much of modern international IP protection. It addresses industrial property rights, which includes patents, trademarks, industrial designs, and even protection against unfair competition.
The key features established by this treaty can be divided into three categories, they are:
- National treatment: the requirement of member states to treat foreign IP holders no less favorably than their own nationals.
- Right of priority: enabling applicants to file in one member country and claim that filing date when applying in others within a set timeframe. This principle harmonizes the timing of applications and helps prevent the loss of rights due to staggered filings in multiple jurisdictions.
The Berne Convention for the Protection of Literary and Artistic Works (1886)
Initiated in 1886, The Berne Convention for the Protection of Literary and Artistic Works is the foundation of international copyright protection. It was originally enacted to address the challenges in to protecting works internationally and has since set the standards for its 180 member states and facilitate cooperation of copyright enforcement across borders.
Among the key standards established by the convention include: national treatment, which ensures works originating from one member country receive the same protection in other member states as domestic works; automatic protection, meaning protection is granted without requiring formalities; and independence of protection, where copyright protection in one country does not depend on its status in the country of origin.
The above three “principles” are just few of many long standing standards established by this convention.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1995)
TRIPS represents one of the most comprehensive and influential international IP treaties, administered under the World Trade Organization (WTO). By also incorporating elements of both the Paris treaty and Berne convention, TRIPS sets minimum standards for how member governments must regulate the different regimes of IP, including copyrights, patents, trademarks, trade secrets, and more. It marked the first time IP law became part of the multilateral trading system, making it one of the most far-reaching IP agreements to date.
Furthermore, TRIPS also establihes enforcement and dispute resolution procedures and address the balancing the protection of IP right with public concerns such as technology transfer, medicine and social ware.
The Madrid Agreement and Protocol for the International Registration of Marks
The Madrid System is the international system that facilitates the registration of trademarks in multiple jurisdictions around the world, therefore simplifying international protection by allowing applicants to file a single application with the WIPO seek protection in multiple member countries. Furthermore, it also provides a streamlined process for managing and renewing trademarks across jurisdictions, among other standards.
The Madrid System has played a massive role in helping IP owners to develop their brand in a global scale—making it a highly influential feature of the modern market.
The Patent Cooperation Treaty (PCT) (1970)
Similar in spirit to the Madrid Protocol, The PCT facilitates the process of filing patents internationally by allowing inventors to submit a single “international” patent. With the establishment of this treaty, filing an international application has the same legal effect as filing a national application with the national patent office of another PCT member State.
Furthermore, the PCT established many stipulations that has helped patent owners and applicants, including an extended period of up to 30 months from the priority date to enter national patent offices, allowing applicants more time to assess the commercial viability of their inventions and prepare translations and fees. It also reduces duplication of examination work among patent offices, offers access to fast-track procedures in certain countries, and publishes applications publicly to increase transparency and potential licensing opportunities.
Conclusion
Together, these treaties establish a harmonized and organized framework for IP rights around the world. They have helped reduce legal uncertainty, simplify protection procedures, and facilitate enforcement across national borders. Businesses, creators and other IP owners that operate on an international scale must understand , these treaties to effectively protect and leverage their IP sets. For more information on this topic or other IP related inquiries, contact us at ambadar@ambadar.co.id
