2. International intellectual property law is a patchwork area of
intersecting multilateral and bilateral agreements and their
resulting harmonization of national law. It has become an
increasingly important and frequently litigated areas
particularly in patent, copyright and trademark arenas.
In addition, in the past few decades, there have been louder
calls for the protection of domain names, databases, software,
and traditional knowledge. Many of these cutting edge
intellectual property issues are addressed on an international
level through the World Intellectual Property
Organization (WIPO).
3. International patent law
• WIPO is a United Nations agency "dedicated to
developing a balanced and accessible
international intellectual property (IP) system,
which rewards creativity, stimulates innovation
and contributes to economic development while
safeguarding the public interest." WIPO's
PatentScopedatabase allows you to "do full-text
search/es in over 1.7 million published
international patent applications from the first
publication in 1978."
4. Treaties regarding patent law
Specific treaties that impact patent law:
Paris convection for the protection of ip
Berne convection for the protection of
literary and artistic works
Patent cooperation treaty
Patent law treaty
5. PCT – The International Patent System
• The Patent Cooperation Treaty (PCT) assists
applicants in seeking patent protection
internationally for their inventions, helps patent
Offices with their patent granting decisions, and
facilitates public access to a wealth of technical
information relating to those inventions. By
filing one international patent application under
the PCT, applicants can simultaneously seek
protection for an invention in 148 countries
throughout the world.
6. In general terms, your international patent application, provided that it complies with
the minimum requirements for obtaining an international filing date, has the effect of a
national patent application in or for all PCT Contracting States. Moreover, if you comply
with certain formal requirements set out in the Treaty and Regulations, which are
binding on all of the PCT Contracting States, subsequent adaptation to varying national
formal requirements will not be necessary.
7. Patent-scope
• The PATENTSCOPE database provides access to
international Patent Cooperation Treaty (PCT)
applications in full text format on the day of
publication, as well as to patent documents of
participating national and regional patent
offices. The information may be searched by
entering keywords, names of applicants,
international patent classification and many
other search criteria in multiple languages.
8. This is an example of search in the
database of the world’s total
patents.
There are even several options in
the search details.
9. Pct highlights
PCT Filings in 2014
• In 2014, PCT filings amounted to approximately 215,000,
increasing by 4.5%.
This year only China saw double-digit growth while the
United States remains the most-active user of the System.
The top 5 countries of origin for the year were:
• United States (61,492)
• Japan (42,459)
• China (25,539)
• Germany (18,008)
• Republic of Korea (13,151 )
10. The PCT Applicant’s Guide is updated almost every week with
information received by the International Bureau. Users of the Guide who
wish to see when any individual page of the Guide was last updated, can
check the date printed at the foot of that page.
The details regarding the treaty, regulations, administrative instructions,
time limit calculator, the forms such as PCT/RO/101(request form),
PCT/1PEA/401(demand form), fees, FAQ’s and all the latest updates are
avilable in the WIPO website i.e
www.wipo.int/PCT
12. About int.trademark
• Registration of trademarks in multiple jurisdictions around the world is
governed by two independent treaties – the Madrid Agreement(the
Agreement) and the Madrid Protocol(the Protocol).
• Despite its name, the Protocol is a separate treaty and not a “protocol” to
the Agreement. Together, the Agreement and the Protocol are known as the
Madrid System for the International Registration of Marks .
• States party to the Agreement and/or the Protocol and organizations party
to the Protocol are referred to collectively as Contracting Parties. Together,
they constitute the Madrid Union, which is a Special Union under Article 19
of the Paris Convention.
• The Madrid System is a centrally administered system (WIPO) for
obtaining a bundle of trademark registrations in separate jurisdictions,
creating in effect a basis for an "international registration" of marks.
13. Madrid – The International
Trademark System
The Madrid System is a one stop solution for
registering and managing marks worldwide. File
one application, in one language, and pay one set
of fees to protect your mark in the territories of
up to 96 members. Manage your portfolio of
marks through one centralized system.
14. Benefits of madrid system
• Convenient: The Madrid System is a centralized
filing and management procedure. Through the
Madrid System you can file one international
application, in one language (English,French)
and pay one set of fees in Swiss francs to obtain
international registration in multiple territories.
• Cost effective: Filing an international
application is the equivalent of filing a bundle of
national applications, effectively saving you time
and money.
• Broad geographic coverage
15. Support to trademark law
• International Center for Trade and Sustainable
Development (ICTSD) and United Nations
Conference on Trade and Development
(UNCTAD), IPRsonline.org, General Resources
on IPRs
(http://www.iprsonline.org/resources/iprs.htm)
includes online reports, articles, and web sites
from 1989. It also subject indexing to limit
searches to narrower topics, including
traditional knowledge, biodiversity, and human
rights.
16. Global Brand Database
• The Global Brand Database makes it easier to
search over 19,530,000 records relating to
internationally protected trademarks,
appellations of origin and armorial bearings,
flags and other state emblems as well as the
names, abbreviations and emblems of
intergovernmental organizations.
• The Global Brand database allows free of charge,
simultaneous, brand-related searches across
multiple collections.
17. Source No.of records Last updated Update
frequency
Danish
trademarks
280,994 2015-10-03 Daily
Combodian
trademarks
65621 2015-10-03 Daily
Mexican
trademarks
1,019,662 2015-10-03 Daily
Lao trademarks 35556 2015-10-02 weekly
18. For new users
WIPO helps in the following way
• How to search before filing
• How to file an application
• How to manage a registration
• The fees, fee calculator, time calculator are
provided by the WIPO
19. Contacts
• Opening hours: 9:00 a.m. to 6:00 p.m. Geneva
time. Monday to Friday.
• Madrid Customer Service
E-mail: intreg.mail@wipo.int
Tel: +41 22 338 86 86
Fax: +41 22 740 14 29
www.wipo.int/madrid
20. International copyright law
Copyright is a legal right created by
the law of a country that grants the
creator of an original work exclusive
rights for its use and distribution.
This is usually only for a limited time.
The exclusive rights are not absolute
but limited by limitations and
exceptions to copyright law, including
fair use.
21. International copyright treaties
While no creative work is automatically
protected worldwide, there are international
treaties which provide protection automatically
for all creative works as soon as they are fixed in
a medium. There are two primary international
copyright agreements
Buenos aires convention
Berne convention for the artistic and literary
works
22. Several other treaties that support this international copyright law
UCC(universal copyright convention) GENEVA
UCC(universal copyright convention) PARIS
TRIPS(agreement on trade related aspects of intellectual property rights)
And the final one which is the updated one that is WIPO copyright treaty.
Almost all the countries of the world has signed the treaties which include
austria, algeria, bangladesh, bangladesh, bhutan and India joined in the
international organization and several treaties.
23. International trade-secret law
Most simply, a trade secret is information that
you do not want the competition to know about.
The law generally protects not just secret
formulas and designs, but even simple facts,
such as the features that might be introduced in
the next iPhone, or which country a business
intends to go into next.
24. Trade secret law, like other forms of IP, is governed by national legal
systems. However, international standards for protecting secrets (called
“undisclosed information”) were established as part of the TRIPS
Agreement in 1995.
Article 39 of the agreement provides that member states shall protect
“undisclosed information” against unauthorized use “in a manner contrary
to honest commercial practices”. The information must not be generally
known or readily accessible, must have value because it is secret, and must
be the subject of “reasonable steps” to keep it secret. This general formula
for trade secret laws has been adopted by well over 100 of the 159 members
of the World Trade Organization.
Articles 42 to 49 of the TRIPS Agreement cover enforcement, requiring that
civil judicial proceedings be available to enforce all IP rights and that
“confidential information” be protected from disclosure.
25. And for all the intellectual property protection internationally or individually
the world intellectual property organization(WIPO) is responsible.
www.wipo/int
