WIPO and Related tReatIes

Global Protection System:

1. Budapest Treaty 1977 Microorganisms
a. Concerns a specific topic in the international patent process: Microorganisms.
b. All states party to the Treaty are obliged to recognize microorganisms deposited to
“international depositary authority” as a part of the patent procedure, irrespective of
where the depository authority is located.
c. In practice this means that the requirement to submit microorganisms to each and
every national authority in which patent protection is sought no longer exists.
d. Disclosure of invention is a requirement for grant of patents.
i. Written description normally discloses the invention.
ii. When the invention involves the use of microorganisms, written description is
not enough and one has to submit the sample of the microorganism with a
specialized institution.
e. Regional patent offices:
i. EPO : European Patent Office
ii. EAPO : Eurasian Patent Organization
iii. OAPI : African Intellectual Property Organization
iv. ARIPO : African Regional Intellectual Property Organization
f. International depositary authority: Scientific institution- “culture collection”- capable of
storing microorganisms. There are 49 such authorities all over the world:
i. UK : 7
ii. Republic of Korea : 4
iii. China, India, Italy, Poland, USA : 3
iv. Australia, Japan, Russia, Spain : 2
v. Belgium, Bulgaria, Canada, Chile, Czech Republic, Finland, France, Germany,
Hungary, Latvia, Mexico, Morocco, Netherlands, Slovakia, Switzerland : 1
g. Depositor can submit his sample only once and then apply in several States for the
patent. He will have to submit sample in one depository which will save his time and
money.
h. The Treaty does not provide budget but it creates an Union and an Assembly whose
members are party to the Treaty. No State is charged any funding for being a member.
i. The Treaty is open to States party to the Paris Convention for the Protection of
Industrial Property (1883).
2. Hague Agreement 1925 Industrial designs
a. Governs the international registration of the industrial designs.
b. Effectively establishes an international system- the Hague system- that allows industrial
designs to be protected in multiple countries or regions with minimal formalities.
 c. Hague system for the International Registration of Industrial Designs provides a
practical business solution for registering up to 100 designs in 96 countries by filing a
single international application.
3. Lisbon Agreement Geneva Act 2015 Geographical Indication
a. Together, the Lisbon Agreement and the Geneva Act of the Lisbon Agreement form the
Lisbon System.
b. Bulletin is the official publication of the Lisbon system.
c. Lisbon System is a practical and cost-effective solution for the International Registration
of Appellations of Origin (AOs) and Geographical Indications (GIs), offering protection in
43 Contracting Parties, covering up to 72 countries, through a single registration
procedure and one set of fees.
4. Madrid Agreement 1891; Madrid Protocol 1989 Trademark
a. Madrid System for the International Registration of Marks is governed by the Madrid
Agreement concluded in 1891, and the protocol relating to that agreement, concluded
in 1989.
b. Madrid system is a convenient and cost-effective solution for registering and managing
trademarks worldwide. File a single international trademark application and pay one set
of fees to apply for protection in up to 130 countries.
c. One can modify, renew and expand their global trademark.
d. Validity of trademark- lifetime through renewal.
5. Patent Cooperation Treaty PCT
a. Assists applicants in seeking patent protection internationally for their inventions.
b. Helps patent offices with their patent granting decisions.
c. Facilitates public access to a wealth of technical information relating to those
inventions.
d. By filing one international patent application under the PCT, applicants can
simultaneously seek protection for an invention in a large number of countries.
e. Applicant- Anyone who is a national resident of a PCT Contracting State.
f. Filed in two ways:
i. National Patent Office of the Contracting State of which the applicant is a
resident or national.
ii. Or at the applicant’s option, with the International Bureau of WIPO in Geneva.