Intellectual Property Protection Under International Law

Importance of Intellectual Property Protection

Intellectual property (IP) protection under International Law is an essential step in encouraging creativity and innovation. Especially, in the modern world it promotes technological developments. It also plays a significant role in the global economy. It guarantees exclusive economic rights to inventors and ensures fair economic returns. This boosts economic growth and development by promoting further investment in research and development, paving paths for innovation.

The Intellectual Property Law which includes patents, copy rights, and trademarks helps people to get benefit from what they have created. Meanwhile, it also strikes a balance between the interests of inventors and the interests of the public. These rights aim to create such an environment that would flourish creativity and innovation.

Intellectual Property Protection under International Law

The flux of innovations motivated the world to create a framework that would protect IP. As a result, different conventions were legislated, and organizations were established. These conventions and organizations provide a framework for settling disputes arising out of IP violation.

Paris Convention-1883

The Paris Convention of 1883 marks the first international treaty aiming to work for IP  protection around the globe. The International Exhibition of Inventions Vienna, 1873 led to its formulation. For the development of innovations, this grand event was arranged in Austria. However, international exhibitors refused to attend this event. The reason was they were afraid that their ideas would be stolen and would be utilized commercially in other countries.

To address this concern a union was established to give IP protection rights. Under this Convention various intellectual properties mentioning patents, trademarks, trade names, etc got protection. The Convention also aims to seek repression of unfair competition.

Berne Convention- 1886

After the Paris Convention, the international legal system deemed it essential to formulate a treaty that would protect copyrights. Consequently, the Berne Convention was created for the protection of artistic and literary work. The Berne Convention protects writers, poets, painters, musicians, and all other creators. Through this Convention, an organization, the International Bureau, was established which is now recognized as the World Intellectual Property Organization (WIPO). WIPO has legislated numerous treaties and conventions to combat IP infringements. These treaties are generally known as the WIPO Treaties.

Madrid Agreement-1891

Nine signatory states to the Paris Convention in 1891 created the first special arrangements to protect industrial property. The Madrid Agreement in addition to the Additional Protocols created the Madrid System. This international system provides facilitation for the protection of trademarks globally.

TRIPS Agreeme-1995

So far TRIPS Agreement is considered to be the most comprehensive IP-based framework in the international Legal system. TRIPS agreement aims to provide a standard common baseline for national regulations to all the states. The primary objective of TRIPS is to foster technical innovation and provide a framework for spreading technology. It also provides a way forward to integrate rights and obligations.

TRIPS covers IP fundamentals including copyrights, trademarks, geographical indications, patents, designs of integrated circuits, industrial design, etc. The wide range of subject matters covered by TRIPS makes it a combo of the Berne and Paris conventions. TRIPS Agreement also provides the guideline for the IP protection scope. It also specifies the subject matter and duration of IP rights protection.

The TRIPS Agreement has also provided a dispute settlement mechanism for World Trade Organization members. It provides a neutral mechanism for the resolution of IP challenges. This layout provides an opportunity to create a standard for fair and equal settlement.

Organizations Working for Intellectual Property Protection

World Trade Organization

It is an intergovernmental organization that facilitates international trade. WTO is the largest economic organization with 166 states that represent ninety-eight percent of global trade. The organization facilitates trade in IP, goods and services. One of the main goals of the WTO is to prohibit discrimination among trading partners. It promotes national security and environmental protection.

The organization facilitates marginalized groups by legislating frameworks that establish a fair trading and learning environment for all. One of the best examples of this is the Marrakesh VIPs Treaty. The Marrakesh Treaty aims to facilitate access to published works for blind visually impaired or print disabled persons. This is the first Treaty in the realm of IP law that embeds the humanitarian perspective. This Treaty gives certain exceptions and limitations to the copyrights and allows;

1. Reproduction of works, by an authorized entity, to convert them into accessible format copies for the use of beneficiary persons.
2. Distribution of accessible format copies exclusively to beneficiary persons.
3. Export of accessible format copies of works, to make them available to a beneficiary person in another country.
4. Import accessible format copies of works produced in another country, to make them available domestically.

World Intellectual Property Organization(WIPO)

WIPO is one of the fifteen agencies of the United Nations. It was created after promulgating the Convention of Establishing Intellectual Property Organization, in 1967. The main aim of WIPO is to promote IP protection. WIPO functions included;

1. Discusses IPrules and policies
2. Provide global service to register IP
3. Provides reports on protection and innovations on this 
4. Serve as IP  database on all other matters
5. Create IP systems through uniform infrastructure and standards

Principles of International IP Protection

Some essential principles act as a thumb rule for all legislation promulgated for IP protection.

Principle of National Treatment

This principle states that a state should treat foreigners equally as it gives to its citizens. To the trade, it implies that imported goods should get equal treatment as local goods. This concept is found in WTO agreements and bilateral tax treaties.

Most Favored Nation

The principle of Most Favored Nation allows a state to give favorable treatment to a selected state. Nevertheless, the concession should be to the extent that it holds the same terms as all other states.

Conclusion

The intellectual property protection is vital for the promotion of peace and creativity. Along with providing protection to creators and promoters, it facilitates access to knowledge and innovation. The International Law through its conventions, organizations, and principles promises this protection. International legal frameworks for this purpose are deemed even more crucial in this era of innovation and creativity. Nevertheless, with the development of technology, the scope of protection should be expanded.

Frequently Asked Questions

1. Why intellectual property protection is essential?

The protection of IP is essential as it protects the rights of creators and inventors. Also, it facilitates access to new developments without harming the rights of innovators.

2. Does International Law have legislated intellectual property protection laws?

International Law through conventions, organizations, and principles has established a legal framework that works for IP  protection.

3. Which international convention protects artistic and literary work?

Berne Convention-1886 protects artistic and literary work.