International Conventions on Intellectual Property

The Paris Convention is the foundation of industrial property law. Its core principles are:

• National treatment (Art. 2): foreigners from member states get the same protection as nationals.

• Right of priority (Art. 4): an applicant who first files in one member state has 12 months (patents, utility models) or 6 months (industrial designs, trademarks) to file in other member states and claim the first filing date. Commonly tested: 12 vs 6 months.

• Independence of patents (Art. 4bis): a patent in one country is independent of patents for the same invention elsewhere.

• Well-known marks (Art. 6bis): protection against registration or use of marks that conflict with well-known marks even if unregistered.

• Art. 10bis: protection against unfair competition; Art. 10: false indications of source.

• Art. 5A: compulsory licence only after 4 years from filing or 3 years from grant (the basis of Section 84(1) of Indian Patents Act: three years from grant).

Berne rests on three basic principles: (1) national treatment; (2) automatic protection (no formalities such as registration or notice); (3) independence of protection (protection does not depend on protection in the country of origin). Other points: minimum term life of the author + 50 years (Art. 7); moral rights (Art. 6bis); minimum rights of translation, reproduction, public performance, adaptation; the Appendix gives developing countries compulsory licences for translation and reproduction. The latest text is the Paris Act 1971. TRIPS (Art. 9) incorporates Berne (Arts. 1–21) except Article 6bis (moral rights). India implements Berne through the Copyright Act 1957 and the International Copyright Order.

Sponsored by UNESCO, designed to bring countries that did not join Berne (notably the USA) into a copyright system. It requires only a notice (©, name of owner, year) as a formality, and sets a minimum term of life + 25 years. After the US joined Berne (1989), UCC lost importance; Berne prevails over UCC among Berne members.

Protects performers (minimum 20 years), producers of phonograms (20 years) and broadcasting organisations (20 years) as "neighbouring rights". India is not a party, but protects these rights domestically (Sections 37–39A Copyright Act; Section 13 for sound recordings). WPPT 1996 later updated rights of performers and phonogram producers for the digital environment.

The most comprehensive IP treaty, administered by the WTO, binding on all WTO members. Key features:

• Minimum standards (members may give more protection, Art. 1.1).

• National treatment (Art. 3) and Most Favoured Nation (Art. 4), a new principle in IP law.

• Objectives and principles: Arts. 7 and 8 (public health, nutrition, public interest measures).

• Copyright (Arts. 9–14): incorporates Berne (except moral rights); computer programs as literary works (Art. 10); rental rights (Art. 11); term of at least 50 years where not based on life (Art. 12); performers/phonogram producers 50 years; broadcasters 20 years (Art. 14).

• Trademarks (Arts. 15–21): registrable subject matter, initial registration and each renewal at least 7 years; compulsory licensing of trademarks not allowed (Art. 21).

• GIs (Arts. 22–24): general protection (Art. 22) and additional protection for wines and spirits (Art. 23). India has been seeking extension of Art. 23 to all products.

• Industrial designs (Arts. 25–26): at least 10 years.

• Patents (Arts. 27–34): patents available for inventions in all fields of technology (Art. 27(1)) that are new, involve an inventive step and are capable of industrial application; exclusions in Art. 27(2)–(3) (including plants and animals other than micro-organisms, and the option of sui generis plant variety protection, the basis of India's PPVFR Act); term 20 years from filing (Art. 33); compulsory licensing conditions (Art. 31); burden of proof in process patents (Art. 34).

• Layout-designs of integrated circuits (Arts. 35–38): 10 years.

• Undisclosed information (Art. 39): protection against unfair competition and test data protection.

• Enforcement (Part III), dispute settlement through the WTO DSB.

• Transition: developing countries had until 2000 (general), plus a further 5 years (to 2005) for product patents in new fields; least-developed countries have longer transition periods. India introduced product patents in pharmaceuticals/agrochemicals through the Patents (Amendment) Act 2005, after the 1999 and 2002 amendments.

Doha Declaration on TRIPS and Public Health (14 November 2001): TRIPS "can and should be interpreted and implemented in a manner supportive of WTO members' right to protect public health"; each member has the right to grant compulsory licences and determine what constitutes an emergency. The 30 August 2003 Decision (Paragraph 6 system) allows export of medicines made under compulsory licence to countries lacking manufacturing capacity; it was made permanent as Article 31bis (in force 23 January 2017). India's counterpart is Section 92A of the Patents Act. At the WTO's 12th Ministerial Conference (June 2022), members adopted a limited TRIPS decision on COVID-19 vaccines (a temporary waiver-like flexibility for vaccine patents).

WIPO (World Intellectual Property Organization) was established by the 1967 Convention (in force 1970) and became a specialised agency of the UN in 1974; headquarters Geneva. It administers about 26 treaties including Paris, Berne, PCT, Madrid, Hague and Lisbon.

WCT 1996 protects computer programs and compilations of data (databases) as literary works, grants a right of distribution, rental and right of communication to the public, and requires protection against circumvention of technological protection measures (TPMs) and removal of rights management information (RMI). WPPT 1996 gives performers moral rights and economic rights in fixed performances and phonogram producers economic rights. India's Copyright (Amendment) Act 2012 added Sections 65A (TPMs) and 65B (RMI) to align with these treaties.

One international application filed with a receiving office has effect in all designated PCT states. Stages: international phase (search report, written opinion, publication at 18 months, optional international preliminary examination) and national phase (entry into each country within 30 months from priority date; India's period is 31 months, Rule 20(4)(i)). PCT does not grant an "international patent"; each national office grants the patent. The Indian Patent Office acts as a Receiving Office, International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA).

The Madrid Agreement (1891) and Madrid Protocol (1989) create a single international registration administered by WIPO. India joined the Protocol (not the Agreement) in 2013. A basic application or registration in the home country is required, and the international registration is dependent on it for five years (central attack). India uses the Nice Classification (45 classes: 1–34 goods, 35–45 services).

• CBD 1992 (Rio Earth Summit) recognises national sovereignty over biological resources, and sets three goals: conservation, sustainable use, and fair and equitable sharing of benefits from genetic resources. Article 8(j) requires respect for traditional knowledge of indigenous and local communities.

• Nagoya Protocol (2010) operationalises access and benefit sharing (ABS). Cartagena Protocol (2000) covers biosafety.

• UPOV (International Union for Protection of New Varieties of Plants): India is not a member; it chose a sui generis system under TRIPS Art. 27(3)(b), balancing breeders' and farmers' rights under the PPVFR Act 2001.

• ITPGRFA (International Treaty on Plant Genetic Resources for Food and Agriculture, 2001): farmers' rights and a multilateral benefit-sharing system; India is a party.

• WIPO GRATK Treaty (24 May 2024): requires patent applicants to disclose the country of origin or source of genetic resources and associated traditional knowledge used in claimed inventions. It enters into force after a threshold number of ratifications (verify current ratification count).

• Marrakesh Treaty 2013: India was the first country to ratify (2014); reflected in Section 52(1)(zb) (accessible formats for persons with disabilities).

• Beijing Treaty on Audiovisual Performances 2012: performers' rights in audiovisual fixations.

• Hague Agreement: international registration of industrial designs. Riyadh Design Law Treaty (2024) harmonises design formalities.

• Lisbon Agreement 1958 and Geneva Act 2015: appellations of origin and geographical indications.

• Patent Law Treaty 2000 (formalities harmonisation); India is not a party.

• Budapest Treaty 1977: a deposit of a micro-organism with an International Depositary Authority satisfies the disclosure requirement.

Quick facts for revision (Section 3). Priority: 12 months (patents) / 6 months (designs, marks). Berne term: life + 50. India's term: life + 60 (more than Berne). Rome Convention: India not a member. PCT national phase: 30 months generally, 31 in India. Madrid Protocol: India 2013. WCT/WPPT: India 2018. TRIPS in force: 1 January 1995. TRIPS patent term: 20 years. UPOV: India not a member.