Unit 2: International IP background
Intellectual Property Right and EDP notes · PTU syllabus (BSTD 602-20)
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Unit summary
IP rights are territorial, but international treaties link national systems. This unit covers the international background and frameworks for intellectual property.
After this unit you can
- Trace the development of international IP law
- Describe the Paris and Berne Conventions
- Explain the TRIPS Agreement
- Describe WIPO-administered filing systems
PTU syllabus topics
International background and frameworks for intellectual property
WIPO
UN agency for IP
Paris Convention
Industrial property
Berne Convention
Copyright
TRIPS
WTO's minimum IP standards
PCT
Patent applications in many countries
Topic 1
International background
- 1
Paris Convention (1883)
Industrial property — patents, trademarks, designs
- 2
Berne Convention (1886)
Copyright
- 3
Madrid Agreement (1891) and Protocol (1989)
International trademark registration
- 4
Hague Agreement (1925)
International design registration
- 5
WIPO established (1967)
UN agency administering IP treaties
- 6
Patent Cooperation Treaty (1970)
International patent applications
- 7
TRIPS Agreement (1995)
Minimum standards for WTO members
Topic 2
Key conventions
Paris Convention
National treatment; right of priority (12 months for patents, 6 months for trademarks and designs); independence of patents
Member since 1998
Berne Convention
National treatment; automatic protection without formalities; minimum term life + 50 years
Member since 1928
Madrid Protocol
One application for trademark protection in many countries
Member since 2013
Patent Cooperation Treaty (PCT)
One international application; national phase within 30–31 months
Member since 1998
Topic 3
The TRIPS Agreement
- Trade-Related Aspects of Intellectual Property Rights (WTO, 1995): minimum standards of protection and enforcement for all IP forms, dispute settlement through the WTO. India amended its laws by 2005 — including product patents for pharmaceuticals, Trade Marks Act 1999, Designs Act 2000 and GI Act 1999.
- National treatment
- Treat foreigners like nationals
- Most-favoured-nation
- Equal treatment among members
- Minimum standards
- Patents 20 years; copyright life + 50; trademarks 7 years minimum renewable
- Flexibilities
- Compulsory licences, public health (Doha Declaration 2001)
Key terms
- WIPO
- World Intellectual Property Organization
- National treatment
- Treating foreign right-holders like nationals
- Right of priority
- Period to file abroad keeping the first filing date
- PCT
- Treaty enabling international patent applications
- TRIPS
- WTO agreement on IP standards
Quick revision
- Paris, Berne, Madrid, Hague, WIPO, PCT, TRIPS timeline.
- Principles: national treatment, priority, automatic protection.
- India's membership dates.
- TRIPS standards and flexibilities.
Important exam questions
Practice questions written to the PTU exam pattern for this unit's syllabus: short answers (Section A style) and long answers (Sections B and C style).
Short-answer questions
- Q1.What does WIPO do?
- Q2.What is the right of priority under the Paris Convention?
- Q3.Which convention covers copyright?
- Q4.What is the Madrid Protocol?
- Q5.Name two TRIPS principles.
- Q6.What is the Doha Declaration about?
Long-answer questions
- Q1.Describe the international framework of intellectual property.
- Q2.Explain the TRIPS Agreement and its impact on India.
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