BITS Pilani

Pilani Campus

International treaties on IPR

The Paris Convention for the
Protection of Industrial Property

• Paris convention 1883, effective July 7, 1884

• Provisions:
• National Treatment

• Right of priority

• Common rules

• Administrative framework

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The Berne Convention for the Protection
of Literary and Artistic Works

• To protect, in as effective and uniform a manner as

possible, the rights of authors in their literary and
artistic works

• Adopted in 1886, last amendment Paris 1971

• Principles
• National treatment

• Automatic protection

• Independence of protection
BITS Pilani, Pilani Campus
The WIPO Copyright Treaty

• 1996 the WIPO Diplomatic Conference on Certain

Copyright and Related Rights Questions adopted

two treaties, the WIPO Copyright Treaty (WCT) and

the WIPO Performances and Phonograms Treaty

(WPPT)

BITS Pilani, Pilani Campus

The Budapest Treaty

• The Budapest Treaty on the International

Recognition of the Deposit of Microorganisms for
the Purposes of Patent Procedure 1980

• International depositary authority

• One deposit, with one international depositary

authority, will suffice

• In India, IMTECH and NCCS are the IDA

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Madrid agreement and protocol

• The Madrid Agreement Concerning the International

Registration of Marks and the Protocol Relating to that
Agreement

• Madrid Agreement 1891

• Madrid protocol 1989, in force from 1996

• Trademarks: one application in one language with one

Office, and to pay fees to one Office

• Term 10 years + 10 years

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The Hague Agreement

• The Hague Agreement Concerning the

International Deposit of Industrial Designs 1925
• “the 1934 Act” and “the 1960 Act”
• enable protection to be obtained for one or more
industrial designs in a number of States through a
single deposit
• A maximum of 100 designs
• 5 + 5 years term

BITS Pilani, Pilani Campus

The Patent Cooperation Treaty

BITS Pilani, Pilani Campus

PCT

BITS Pilani, Pilani Campus

Overview of PCT process

BITS Pilani, Pilani Campus

PCT advantages

• Single filing procedure for all countries

• Sufficient time for translations
• Drafted in accordance to PCT is valid everywhere
• Flexibility of payment of fees
• Advantage of maximum designation fee
• Transmittal of Priority needn’t be monitored
• Provision for withdrawals
• Quality ISR and IPRP
• Provision of amendments
• Last minute foreign filings
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When not to use PCT

• I have no interest in obtaining foreign patent rights

• I know I only want protection in X countries, and
• Those countries allow me to file in English or
• I am prepared to produce the necessary translations by
12 months
• I am prepared to pay national filing fees right away
• I have received sufficient information to give me
confidence to proceed
• I have designated foreign counsel who are able to
prosecute the application
• I need protection in a non-PCT country
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