IPR_Chap:-5
Treaties, Conventions, and Agreements Pertaining to Each Type of IPR (Part 2)
In addition to the previous set of treaties and agreements, there are several other critical
international conventions and treaties that deal with specific areas of intellectual property rights
(IPRs). Here is an overview of these treaties and conventions:
1. Trademark Law Treaty (TLT) (1994)
Type of IPR Covered: Trademarks
Purpose: The Trademark Law Treaty simplifies and harmonizes the procedures for the
registration of trademarks across multiple jurisdictions. It aims to reduce the
administrative burden for applicants by standardizing filing requirements and procedures.
Key Features: Simplified filing procedures, Reduces formalities (e.g., representation of
trademarks, renewal processes), Harmonization of registration procedures
2. Patent Law Treaty (PLT) (2000)
Type of IPR Covered: Patents
Purpose: The Patent Law Treaty seeks to harmonize and simplify formal procedures
related to patents across member countries. It is designed to make the process of filing
and maintaining patents easier and more predictable for patent applicants.
Key Features: Standardization of formalities for patent applications, Reduction of
procedural requirements (e.g., language requirements), Extended time limits for filing
3. Berne Convention for the Protection of Literary and Artistic Works (1886)
Type of IPR Covered: Copyright
Purpose: The Berne Convention is the foundational international treaty for the
protection of literary and artistic works, including books, music, paintings, and other
creative works. It guarantees that works created by authors in member countries are
protected in all other member countries without the need for formal registration.
Key Features: Automatic protection of works, National treatment (works of foreign
authors are given the same protection as domestic works), Minimum protection standards
(e.g., duration of protection, moral rights)
4. Rome Convention for the Protection of Performers, Producers of Phonograms, and
Broadcasting Organizations (1961)
Type of IPR Covered: Neighboring Rights (Related to Copyright)
Purpose: The Rome Convention provides protection to performers, producers of sound
recordings (phonograms), and broadcasting organizations. It ensures that these rights
holders are compensated for the use of their performances, recordings, and broadcasts.
Key Features: Protection of neighboring rights (e.g., performers' rights, rights of
producers of phonograms, broadcasting organizations), Minimum duration of protection,
National treatment
5. Geneva Convention for the Protection of Producers of Phonograms Against
Unauthorized Duplication of Their Phonograms (1971)
Type of IPR Covered: Neighboring Rights (Related to Copyright)
Purpose: The Geneva Convention deals specifically with the protection of the rights of
producers of phonograms (sound recordings) from unauthorized duplication and
reproduction.
Key Features: Protection of phonogram producers from unauthorized duplication,
National treatment, Minimum protection standards
6. Beijing Treaty on Audiovisual Performances (2012)
Type of IPR Covered: Neighboring Rights (Audiovisual Performers)
Purpose: The Beijing Treaty updates protections for performers in the audiovisual
sector. It recognizes the rights of performers in audiovisual works and provides them with
the right to remuneration for the use of their performances in various formats.
Key Features: Protection for performers in audiovisual works, Right to equitable
remuneration for use of performances, Protection of rights regardless of the format of
reproduction
7. Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,
Visually Impaired, or Otherwise Print Disabled (2013)
Type of IPR Covered: Copyright
Purpose: The Marrakesh Treaty focuses on the accessibility of published works for
individuals with print disabilities (e.g., blind, visually impaired). It allows for exceptions
to copyright rules to make published works available in alternative formats.
Key Features: Copyright exceptions for accessible formats, International exchange of
accessible works, Promotion of access to educational, cultural, and scientific materials
8. TRIPS Agreement (1994)
Type of IPR Covered: All Types of IPR (Patents, Trademarks, Copyright, Geographical
Indications, Trade Secrets, etc.)
Purpose: The TRIPS Agreement is a key international treaty administered by the WTO
that establishes minimum standards for the protection of intellectual property rights
worldwide. It is the most comprehensive international agreement on IPRs, covering
patents, copyrights, trademarks, geographical indications, industrial designs, and more.
Key Features: Minimum standards for IP protection, Dispute settlement mechanisms,
Provisions on enforcement, Protection for both traditional knowledge and biotechnology
Filing Procedure of PCT Application
The Patent Cooperation Treaty (PCT) allows an inventor to file a single international patent
application to seek protection in multiple countries. The PCT process consists of two main
phases: the international phase and the national phase.
Here’s a breakdown of the filing procedure for a PCT application:
1. Filing the International Application (PCT Application)
Step 1: Preparation of the Application
o The applicant prepares the international patent application, which includes a
description of the invention, claims, abstract, and drawings (if applicable).
o The application must be in one of the languages accepted by the International
Bureau (WIPO), such as English, French, or Spanish.
Step 2: Filing with a Receiving Office
o The PCT application can be filed directly with a Receiving Office. This could be
the national patent office of the applicant’s country or the International Bureau
(IB) of WIPO.
o The applicant must pay the required filing fees (e.g., the basic fee, international
search fee, etc.).
Step 3: International Search
o After filing, the International Searching Authority (ISA) conducts an
international search to identify prior art (existing patents or publications) that may
affect the novelty or inventive step of the invention.
o The ISA issues an International Search Report (ISR), which provides an
opinion on the patentability of the invention.
2. International Publication
Step 4: Publication of the Application
o The PCT application is published by the International Bureau (IB) 18 months
after the priority date (the filing date of the first application or the date of the PCT
application).
o The publication includes the international application and the ISR.
3. International Preliminary Examination (Optional)
Step 5: Request for Preliminary Examination
o If the applicant wishes to obtain a more detailed opinion on the patentability of
the invention, they can request an International Preliminary Examination
(IPE).
o The International Preliminary Examining Authority (IPEA) reviews the
application and issues an International Preliminary Report on Patentability
(IPRP).
4. National Phase Entry
Step 6: Entering the National Phase
o After the international phase, the applicant must enter the national phase in the
countries where they seek patent protection. This must typically be done within
30 or 31 months from the priority date (depending on the country).
o The applicant must fulfill the specific requirements of each country (e.g.,
translation of the application, payment of national fees) to seek protection in each
jurisdiction.
Step 7: National Examination
o Each national or regional patent office will examine the application according to
its laws and procedures. This may involve a substantive examination and may
lead to the granting or rejection of the patent.
Conclusion
These treaties, conventions, and agreements play a crucial role in the global harmonization and
protection of intellectual property rights. They create a framework for consistent standards across
countries, making it easier for creators, inventors, and businesses to protect their innovations
worldwide.
The PCT filing procedure streamlines the process of obtaining patent protection in multiple
jurisdictions, helping to reduce administrative burdens and costs for applicants.
