International Dimension of Intellectual Property
coperty may be studied throu
property rights in global context.
gh the following
International dimension of Intellectual Pr
international treaties governing intellectual
tion of Industrial Property
1 Property, signed in Paris, France, on
Paris Convention for the Protec
treaties. It established a Union
‘The Paris Convention for the Protection of Industr
20 March 1883, was one of the first intellectual ps pert}
for the protection of industrial property. It addresses patents, trademarks, unfair competi-
strial property of industrial
tion whether or not implicating marks, and the related indus
possibly trade secrets within
designs, utility models, geographical indications, trade names,
the context of unfair competition, but not canytight The Convention is still in force as of.
3014 and is administered by the World Intellectual Property Organization (WIPO), based
in Geneva, Switzerland.
geeenias ese
Contracting Members
The Convention was initially (i.e. in 1883) signed by 11 countries, namely: Belgium,
Brazil, France, Guatemala, Itaty, erlands, Portugal, El Salvador, Serbia, Spain and
Switzerland. As of September 2014, the ‘Convention has 176 contracting member countries
including India of course, which makes it one of the most widely adopted treaties worldwide.
Notably, Taiwan and Burma are not parties to the Convention. However, according to
‘Amicle 27 of its Patent Act, Taiwan recognizes priority claims from contracting members.
Substantive Provisions of the Convention
provisions of the Convention fall into three main categories: national
ity right and common rules
The substantive
treatment, pri
National treatment
According to Articles 2 and 3 of this treaty, juristic and natural persons who are either
national of or domiciled in a state party to the Convention shall, as regards the protection
of industrial property, enjoy in all the other countries ‘of the Union, the advantages that
when an applicant files an application for
their respective laws grant to nationals, That is,
a patent or a trademark in a foreign country member of the Union, the application receives
the same treatment as if it came from a national of this foreign country.
Priority right
The ‘Convention priority right’, also called ‘Paris Convention priority right’ or “Union
les that an applicant from one contracting State shall be able to use
ther
priority right’, pro
its first filing date (one of the contracting State) as the effective filing date in ano!Berne Convention fe
. or the P ‘i ‘
Artistic Works totection of Literary and
The Berne i de i
S eee ee for the Protection of Literary and Artistic Works, usually known as
ie -Onvention, is an international agreement Soverning copyright, which was first
Accepted in Berne, Switzerland, in 1886. The Berne Convention ollovct cake hoceem ok
the Paris Convention for the Protection of Industrial Property of 1883, which in the same
way had created a framework for international
| integration of the other types of intellectual
Property: patents, trademarks and industrial designs except the copyright
Like the Paris Convention, the Berne Convention set up two bufeaus to handle
administrative tasks. In 1893 these two small bureaus merged and became the roa
International Bureau for the Protection of Intellectual Property (BIRPD) stated in Bese
In 1960, BIRPI moved to Geneva, to be closer to the United Nations and other interationa
dts i i i Id Intellectual Property Organization
‘ity. In 1967 it became the Worl
Pee eat sponte ‘izati rithin the United Nations. As of September
(WIPO), and in 1974 became an organization wih the United Nason Aso! Sree
3014, there are 168 nations including India that are parties to
i d ember states. d cinematographic
inchades 167 UN ery rates that all works except photographic and cinematographic
AcThe Beme Conte ee fter the author's death, but partes
null be copyrighted for at least 50 years a
sha