INTRODUCTION
In today’s global economy, Intellectual Property (IP) driven commercial transactions have witnessed exponential growth. With technological advancements and dynamic innovations, India stands tall as an important player in the world of IP. To ensure its Intellectual Property Rights (IPR) laws keep up with international standards, India follows various international treaties and agreements. These international treaties outline the approach for a country regarding patents, trademarks, copyrights, and any other kind of IP.
- World Trade Organization (WTO) and the TRIPS Agreement
One of the most important international treaties commanding India’s IPR laws is the Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which was created under the World Trade Organization (WTO). India became a member of the WTO in 1995, and since then, it has been required to follow the rules set out by the TRIPS Agreement. The TRIPS Agreement, which came into effect on 1 January 1995 , sets minimum standards for various forms of IPR protection, including patents, copyrights, trademarks, geographical indications, and trade secrets.The Agreement requires Member countries to provide a basic level of protection for IPRs as set forth under the Agreement, ensuring that there is uniformity across such countries.
Key aspects of TRIPS Agreement providing for minimum standards of protection of IP in India:
- Patents: The TRIPS Agreement enforces the protection of patents for 20 years counted from the filing date, thereby providing patent holders exclusive rights to their inventions.
- Copyrights: TRIPS Agreement lays down that the term of protection shall be the life of the author and 50 years after his death.
- Enforcement: TRIPS Agreement contains provisions that emphasize on effective enforcement of IPR, including criminal penalties. It specifically provides for criminal procedures to be applied for, at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale.
- Paris Convention for the Protection of Industrial Property
The Paris Convention is one of the earliest international treaties regulating IP. It was adopted in 1883 and India has been a Member since 1998. This Treaty deals with the protection of industrial property, including patents, trademarks, and industrial designs, utility models, geographical indications (GIs), etc. One of the substantive provisions of this Treaty is the Right of Priority, which allows an inventor or business in one country (on the basis of a regular first application filed in one of the Contracting States) to apply for protection in other member countries within a certain period of time, from the date of first application. Thus, in line with Right of Priority, Indian inventors can apply for protection in one of the Contracting States and then apply for protection in any of the other Contracting States within 12 months for patents and utility models and 6 months for industrial designs and marks without losing their original filing date. Whereas, in National Treatment, each Contracting State must treat and grant the same protection to nationals of other Contracting States that it grants to its own nationals in matters of IPR protection. The Paris Convention has made it easier for Indian IP owners to grow globally by making sure that their IP can be easily protected in several nations.
- Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works focuses on protection of works and the rights of their authors and has been in force since 1886, with India becoming its Member in 1928. It is based on three basic principles i.e., principle of national treatment, automatic protection and independence of protection. The Convention ensures that works like books, music, and art created in one Member country are automatically protected in all other Member countries without additional formality compliances. The Convention also ensures that the rights of creators are equally respected, even internationally as authors, musicians, and artists automatically get protection for their work of origin in other Contracting States. Additionally, the Convention also provides for moral rights, that is, the right to claim authorship of the work and the right to object to any mutilation, deformation or other modification of, or other derogatory action in relation to, the work that would be prejudicial to the author’s honor or reputation. The Berne Convention is a crucial instrument for Indian creators, allowing their works to be protected globally.
- Madrid Protocol for the International Registration of Marks
The Madrid Protocol is an international system for registering trademarks in multiple countries with just one single streamlined application. India adopted Madrid Protocol in 2013, which allows Indian businesses to file for trademark protection in several countries with a single application. Businesses can protect their trademarks in over 100 countries with one application. The Madrid Protocol reduces the cost and effort involved in applying for trademarks in multiple countries. It offers a more affordable and streamlined way for businesses to register their trademarks globally. This has made it convenient for Indian businesses to expand internationally by legally protecting their trademarks.
- Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT) is regulated by the World Intellectual Property Organization (WIPO) and allows innovators to file one international patent application that is accepted in over 150 nations. India has been a Member of the PCT since 1998 and it has been of great significance for Indian innovators who want to protect their inventions internationally. Patent applicants can file a single patent application that is valid in several countries. PCT allows up to 30-31 months to decide in which countries to seek patent protection, giving businesses more time to assess international markets. Also, PCT helps Indian innovators gain recognition and protection in global markets, which is crucial for international trade.
6. WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT)
WCT and WPPT together are known as “Internet Treaties”. India signed the WCT and WPPT treaties in 2018 to address the protection of digital content, including music and films in the digital age. These Treaties are designed to provide more protection for creators whose works are used in digital formats or transmitted over the Internet.
How the WCT and WPPT Benefit India:
- Protection for Digital Works: Indian creators can now protect their works from unauthorized use online.
- Rights for Performers and Producers: These Treaties ensure that performers (like actors and musicians) and producers (like record companies) also have rights over their digital performances and recordings.
These Treaties are particularly important as the borderless digital world continues to expand, thereby ensuring that the work of Indian creators are protected in the online environment.
Conclusion
India’s IPR laws are shaped by several important international treaties that help Indian inventors, businesses and creators protect their IP worldwide. Thus, the TRIPS Agreement, Paris Convention, Berne Convention, Madrid Protocol, PCT, and WIPO Treaties play a crucial role in harmonizing India’s legal framework governing IP with global standards.Further, India’s active participation in the aforementioned treaties ensures that its IP remains competitive and aligned with the ever-evolving international best practices, also incentivising innovation.