- Paris convention 1883
The 1883 Paris Convention, which covers industrial property in its broadest meaning, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and the eradication of unfair competition, is still in effect today. The first significant action taken to assist creators in making sure that their intellectual property was protected in other nations was this international pact. India became a member on December 7, 1998.
No minimum substantive standard of patent protection
- Berne convention 1886
The 1886 Berne Convention governs the rights of writers as well as the preservation of works. It gives artists, such as writers, musicians, poets, and painters, the power to govern how, by whom, and under what conditions their works are utilized. It is founded on three fundamental principles and includes a number of clauses defining the minimum level of protection to be provided, as well as exceptional measures that developing nations may apply. India ratified on April 1, 1928
Lack of enforcement mechanism
- The universal copyrights convention 1952
For nations who disapproved of the Berne Convention but nevertheless desired to take part in global copyright protection. India became member on January 7, 1988
- Marid agreement 1891
The Madrid Agreement, signed in 1891, and the Protocol pertaining to that Agreement, signed in 1989, set forth the rules for the Madrid System for the International Registration of Marks. By acquiring an international registration that is valid in all specified Contracting Parties, the method enables the protection of a mark in a wide range of nations. India joined the protocol w.e.f. July 8, 2013.
- Patent Cooperation Treaty (PCT) 1970
Added to the Paris Convention. A consolidated utility application process has been established. filed with the WIPO in standard form. The common application is processed by WIPO and sent to the nations chosen by the applicant. The PCT application grants a priority claim on that invention in all signatory states if at least one of the applicants is a national or resident of a PCT signatory. India ratified on December 7, 1998.
- Agreement on trade-related aspects of intellectual property rights (TRIPS)
The most comprehensive international agreement on intellectual property is the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (IP). It is crucial for enabling intellectual property (IP) trade disputes, promoting trade in knowledge and innovation, and giving WTO members the freedom to pursue their domestic policy goals. In terms of innovation, technological transfer, and public benefit, it frames the IP system. The Agreement serves as a formal acknowledgement of the importance of the connections between IP and trade and the necessity for a stable IP system.
- Issues governed
Standards- A minimal set of requirements for each category’s IPR protection. Clearly identify the specifics of the protected material, the rights to be given, any potential exclusions from those rights, and the minimum time frame for protection.
Dispute Settlements- a component of the WTO’s integrated dispute settlement system. No members are permitted to act alone.
Enforcements- Domestic IPR enforcement procedures and remedies All IPR enforcement actions must abide by the wide guidelines established by the Agreement.
- Provisions
Part I: General Rules and Fundamental Ideas (Articles 1 through 8)
Part II deals with the conditions for the availability, extent, and use of intellectual property rights. (Articles 9 through 40)
The enforcement of IPRs is the main topic of Part III. Between Articles 41 and 61
Part IV: The methods for acquiring and protecting intellectual property rights are covered in this section. Part V of (Article 62) deals with preventing and resolving disputes brought on by the Agreement’s provisions.
(From Articles 63 to 64)
Part VI: Transitional agreements are covered in this section. (From Articles 65 to 67)
Part VII of the Agreement is concerned with various institutional structures. (From Articles 68 to 73)
- Advantages
This agreement significantly improved the WIPO-designed and -controlled existing international legal framework and brought transparency in IP policy to the world’s notice. By creating a clear, rules-based structure for resolving disputes, trade conflicts over intellectual property issues have been decreased.
- Disadvantages
High levels of patent protection are required by TRIPS. Due to the lack of patent protection for fertilizers, pesticides, medicinal products, and processes, cheap food and medications were possible. The absence of copyright protection for informational items promoted education and the sharing of technology.