Role of International Institutions: formula sheet

Key formulas

Establishing instrument

WIPO Convention, signed at Stockholm in 1967, in force 1970

UN specialised agency from 1974. Headquarters in Geneva.

Predecessor

BIRPI (1893) → WIPO

BIRPI administered the Paris and Berne Conventions.

Two objectives under the Convention

(1) Promote IP protection worldwide through state cooperation; (2) ensure administrative cooperation among the Unions

Write both in any answer on objectives.

Principal organs

General Assembly, Conference, Coordination Committee, International Bureau (Secretariat)

The International Bureau is headed by the Director General.

Key global systems

PCT (patents); Madrid (marks); Hague (designs)

Also Lisbon (appellations of origin and GIs) and the Budapest Treaty (microorganism deposits).

Minimum standards

Member's protection ≥ TRIPS minimum; more protection is allowed if it does not contravene TRIPS

Members choose the method of implementation in their own legal system.

National treatment

Treatment of other members' nationals ≥ treatment of own nationals

Subject to exceptions already in the Paris, Berne, Rome and IPIC Treaty provisions. Applies to protection of IP.

MFN treatment

Advantage to one member's nationals → immediately and unconditionally to all members' nationals

Has limited exceptions, such as international agreements on judicial assistance or law enforcement of a general nature.

Dispute settlement sequence

Consultations → Panel → Appellate Body (if appealed) → DSB adoption → Implementation

Disputes under TRIPS use the DSU. Remedies include compensation or suspension of concessions if the member does not comply.

Doha Declaration (2001)

TRIPS does not and should not prevent members from taking measures to protect public health

Confirms each member's right to grant compulsory licences and decide the grounds for them.

National treatment (Paris and Berne)

Foreign national of a member country = same protection as a country's own nationals

Applies to both conventions. Paris also covers non-nationals domiciled or having an establishment in a member country. Berne ties protection to the author's nationality or the place of first publication.

Right of priority (Paris, Article 4)

Patents and utility models: 12 months. Industrial designs and trademarks: 6 months, from the first filing date

A later filing in another member country within the period is treated as filed on the first filing date. It protects against intervening acts such as publication or another person's filing.

Independence of patents and marks (Paris)

Patent or mark in one country is independent of the same patent or mark in other countries

Refusal, cancellation or expiry in one country does not by itself affect the rights in another.

Well-known marks (Paris, Article 6bis)

Member countries refuse or cancel registration and prohibit use of a conflicting mark that is well known there

Applies to marks likely to cause confusion with a well-known mark of a person entitled to the Convention's benefits. Covers goods that are identical or similar.

Automatic protection (Berne, Article 5(2))

Enjoyment and exercise of rights = no formality required

Registration, deposit or notice of copyright is not a condition of protection under the Convention.

Independence of protection (Berne, Article 5(2))

Protection in a country is independent of protection in the work's country of origin

Extent of protection and remedies are governed by the law of the country where protection is claimed.

Minimum term (Berne, Article 7)

General rule: life of the author + 50 years

Special rules apply to cinematographic, anonymous, pseudonymous and photographic works and works of applied art. Members may give a longer term. India gives 60 years under its Copyright Act. For literary, dramatic, musical and artistic works it runs from the author's death. For cinematograph films, sound recordings, photographs and anonymous works it runs from publication.

Moral rights (Berne, Article 6bis)

Right to claim authorship + right to object to distortion or mutilation prejudicial to honour or reputation

Independent of the author's economic rights and continues even after the economic rights are transferred.

Core economic rights (Berne)

Translation, reproduction, public performance, broadcasting, public recitation, adaptation

These are exclusive rights of the author. Berne also permits limited exceptions, such as quotation and use for teaching, subject to fair practice.

PCT in one line

One international application + one filing date → effective in all PCT contracting states

It is a filing system, not a grant. No international patent is issued.

Phases of the PCT

International phase (filing, search, publication, optional preliminary examination) → National phase (entry, examination, grant by each office)

Grant or refusal is decided only in the national phase.

Publication timing

International publication ≈ 18 months from the priority date

Applicant may request earlier publication.

National phase entry

Generally 30 months from the priority date

Some national laws allow a longer period. Check the office concerned.

Budapest Treaty rule

One deposit with one International Depositary Authority = recognised in all contracting states for patent procedure

Applies only to microorganisms. Deposit proves availability of the organism.

Who administers

PCT and Budapest Treaty are both administered by WIPO

WIPO's International Bureau handles publication and communications.

Administering body

Madrid System = WIPO International Bureau + office of origin + designated offices

The International Bureau checks formalities. Designated offices decide protection under their own law.

Term of international registration

10 years from the international registration date, renewable for 10-year periods

Renewal is made directly with WIPO, not with the national office.

Dependency period

5 years from the international registration date

If the basic mark ceases to have effect in this period, or as a result of an action begun in this period, the office of origin notifies the International Bureau, which cancels the international registration to the same extent. Conversion into national applications must be requested within 3 months from the date of that cancellation of the international registration.

Refusal period under the Protocol

12 months, extendable to 18 months by declaration of the contracting party

The Agreement has a 12-month period only. A country with the 18-month declaration may also notify a refusal based on opposition after the 18 months, if it told WIPO of the possible opposition within the 18 months. If no refusal is notified in time, the mark is protected in that country.

Nice Classification

Classes 1-34 goods; Classes 35-45 services

A trademark is filed in specified classes. Class choice limits the scope of protection.

Vienna Classification

Categories, divisions and sections for figurative elements

Used to classify and search the figurative elements of device marks and logos. It does not classify goods.

Singapore Treaty

Harmonised formalities for application, changes, licences and renewal

It deals with procedure, not with substantive rules on registrability.

Rome Convention beneficiaries

Performers + Phonogram producers + Broadcasting organisations

These are neighbouring rights. Administered jointly by WIPO, ILO and UNESCO.

Internet treaties

WCT (1996) = authors' rights online; WPPT (1996) = performers and phonogram producers

Both require protection of technological measures and rights management information.

Design treaties

Hague = international registration; Locarno = classification

Do not mix the two. Locarno does not grant any right.

Marrakesh Treaty purpose

Copyright exception + accessible format copies + cross-border exchange

Beneficiaries are blind, visually impaired and print-disabled persons.

UCC vs Berne

UCC: UNESCO, © notice, lower standard; Berne: WIPO, no formalities, higher standard

Berne prevails between states bound by both.

Treaty to domestic law rule

Treaty obligation → Parliament legislates → rights enforceable in India

Treaty membership alone does not give private rights; a statute or amendment does.

TRIPS link to Indian patent change

TRIPS → Patents (Amendment) Acts of 1999, 2002 and 2005

1999: mailbox and exclusive marketing rights; 2002: wider changes including 20-year term; 2005: product patents in all fields of technology.

Treaty to Indian statute map

TRIPS → Trade Marks Act 1999, GI Act 1999, Designs Act 2000, Layout-Design Act 2000, PPVFR Act 2001

Use this map to show how obligations were turned into laws.

WIPO treaty and function

Paris and Berne = substantive standards; PCT = patent filing; Budapest = microorganism deposit; Madrid Protocol = international trademark registration

Match each treaty with its function in a line.

Quick revision

• WIPO is the international organisation that promotes and administers global IP treaties and services.
• TRIPS is a WTO agreement that sets minimum IP standards for member countries.
• TRIPS applies national treatment and most-favoured-nation treatment to IP protection.
• The Paris Convention covers industrial property such as patents, trade marks and designs.
• The Berne Convention covers copyright in literary and artistic works.
• The Paris Convention gives a right of priority to an applicant who files in a member country.
• The PCT lets you file one international patent application that can lead to protection in many countries.
• The Budapest Treaty deals with the deposit of microorganisms for patent procedure.
• The Madrid System allows international trade mark registration through a single application.
• Member countries must meet treaty minimums but may give more protection in their own law.
• India's domestic IP laws have been aligned with its treaty and TRIPS obligations.
• In answers, always name the treaty, state the rule, apply it and conclude.

Common mistakes

• Saying WIPO grants international patents or trademarks. Fix: Write that WIPO administers filing systems. Grant or registration is decided by each national or regional office.
• Confusing WIPO with WTO and the TRIPS Agreement. Fix: WIPO is a UN agency that administers IP treaties. TRIPS is a WTO agreement that sets minimum standards and is enforced through WTO dispute settlement.
• Treating national treatment and MFN as the same thing. Fix: National treatment compares foreigners with your own nationals. MFN compares foreigners from different countries with one another.
• Saying TRIPS creates a uniform global IP law. Fix: TRIPS sets minimum standards. Members decide how to implement them and may give more protection if consistent with TRIPS.
• Saying Paris protects copyright or Berne protects trademarks Fix: Remember the pairing: Paris = Patents, marks, designs (industrial). Berne = Books and art (copyright).
• Writing that the Paris priority period is 12 months for all rights Fix: Write 12 months for patents and utility models and 6 months for designs and trademarks.
• Writing that the PCT grants an international patent. Fix: Say the PCT gives a single filing procedure. Each country grants its own patent.
• Mixing up the international and national phases. Fix: Put search, publication and optional preliminary examination under the international phase. Put entry, examination and grant under the national phase.
• Saying India is a member of the Madrid Agreement. Fix: Write that India acceded to the Madrid Protocol. The Agreement is separate and India is not a party to it.
• Saying WIPO grants the trademark in each country. Fix: State that WIPO records the mark and checks formalities. Each designated office decides protection under its own law.

Exam tips

• Learn the dates and places in one chain: 1893 BIRPI, 1967 Stockholm, 1970 in force, 1974 UN agency, Geneva headquarters.
• Always write both objectives of the Convention. Many answers give only the first.
• Link each function to a concrete service or treaty. Examiners reward application, not lists.
• In case questions, state clearly that WIPO administers the system and the national office decides the grant.
• Keep a one-line contrast with WTO and TRIPS ready, since the two are often asked together.
• Write definitions of national treatment and MFN in one line each, and state the difference. Examiners often ask for this contrast.
• For 'salient features', give a short list: minimum standards, coverage of IP types, basic principles, enforcement, dispute settlement and flexibilities.
• In case-based questions, name the principle first, then apply it to the facts, then conclude. Do not just copy the rule.