IPR and International Conventions

(i) Berne Convention. It is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886 and revised five times till 1971 and amended in 1979.

The Berne Convention formally mandated several aspects of modern copyright law; it introduced the concept that a copyright exists the moment a work is “fixed”, rather than requiring registration. It also enforces a requirement that countries recognize copyrights held by the citizens of all other signatory countries. It is administered by WIPO, based in Geneva, Switzerland.

(ii) Patent Cooperation Treaty. It is an international patent law treaty, concluded in 1970 and became effective in 1978. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states.

(iii) Paris Convention. It was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The Convention is currently still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority rights, and common rules.

As of September 2014, the Convention has 176 contracting member countries, which makes it one of the most widely adopted treaties worldwide. The Paris Convention is administered by the World Intellectual Property Organization (WIPO).

(iv) Madrid System. The Madrid system (officially the Madrid System for the international registration of marks) is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. Its legal basis is the multilateral treaty Madrid Agreement Concerning the International Registration of Marks of 1891, as well as the Protocol Relating to the Madrid Agreement (1989).

The Madrid system provides a centrally administered system of obtaining a bundle of trademark registrations in separate jurisdictions. Madrid now permits the filing, registration, and maintenance of trademark rights in more than one jurisdiction provided that the target jurisdiction is a party to the system.

IPR and International Conventions

The Madrid system is administered by the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. There are 90 countries part of the Madrid System.

(v) The Universal Copyright Convention (UCC). It was adopted in Geneva, Switzerland, in 1952, and is one of the two principal international conventions protecting copyright; the other is the Berne Convention. The UCC was developed by UNESCO as an alternative to the Berne Convention for those states which disagreed with aspects of the Berne Convention.

Since almost all countries are either members or aspiring members of the World Trade Organization (WTO), and are thus conforming to the Agreement on Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), the UCC has lost significance.

(vi) Trade-Related Aspects of Intellectual Property Rights (TRIPS). It is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994 and became effective in 1995.

TRIPS requires WTO members to provide copyright rights, covering content producers including performers, producers of sound recordings and broadcasting organizations; geographical indications, including appellations of origin; industrial designs; integrated circuit layout-designs; patents; new plant varieties; trademarks; trade dress; and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures.

Legislation
The Patent System in India is governed by the Patents Act, 1970 (No. 39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003, as amended by the Patents (Amendment) Rules 2006 effective from 05-05-2006.

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Administration
The Patent Office, under the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, performs the statutory duties in connection with the grant of patents for new inventions and registration of industrial designs. Patent Offices are located at Kolkata, Mumbai, Chennai and Delhi to deal with the applications for patents originating within their respective territorial jurisdictions.

Patent Information System (PIS) located at Nagpur maintains a comprehensive collection of patent specifications and patent-related literature, on a worldwide basis and provides technical information contained in patent or patent-related literature through search services and patent document supply services. Intellectual Property Training Institute (IPTI) located in Nagpur provides training to the officials of IP offices and other users of the system who are working in the field of Intellectual Property Rights.

International Treaties
India is a member-state of the World Intellectual Property Organisation (WIPO), an International Organisation, responsible for the promotion of the protection of intellectual property throughout the world. India is a member of the following International Organisations and Treaties in respect of Patents:

(a) World Trade Organization (WTO) with effect from 01-01-1995.
(b) Convention establishing World Intellectual Property Organisation, (WIPO).
(c) Paris Convention for the protection of Industrial Property with effect from Dec. 7, 1998.
(d) Patent Co-operation Treaty (PCT) with effect from Dec. 7, 1998.
(e) Budapest Treaty with effect from 17th December 2001]

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