How Are Intellectual Property (IP) Rights Protected Globally?
Intellectual Property (IP) rights are globally recognized as human rights, ensuring that individuals and businesses have ownership and the ability to trade their intellectual creations. Inventions, artistic works, and trademarks are valuable assets with exclusive ownership and commercial potential. Additionally, intellectual property, like physical property, can be sold, licensed, and monetized, driving global protection efforts.
IP Rights and Human Rights
The UDHR formally recognized IP rights, establishing intellectual property as a human right. Article 27(2) of the UDHR states:
“Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”
This principle has been enshrined in various international treaties and conventions, emphasizing that individuals or entities have the right to protect their creations.
The International Covenant on Economic, Social, and Cultural Rights (ICESCR) reinforced this recognition. Article 15(1)(c) grants individuals the right to protect their moral and material interests in scientific, literary, or artistic works.
Global Protection Framework
The United Nations (UN) has acknowledged the commercial and social value of IP rights and, consequently, has taken steps to safeguard them. WIPO, the global forum for IP services, policy, and cooperation, therefore, actively carries out this responsibility. WIPO works to enforce IP rights globally and, in addition, provides guidance and support to member states.
Key International Conventions for IP Protection
Two essential global conventions established to protect intellectual property are:
1- The Paris Convention for the Protection of Industrial Property (1883):
This convention covers the protection of patents, trademarks, utility models, and industrial designs, while also addressing unfair competition. It provides a framework for protecting industrial property and promoting international cooperation.
2-The Berne Convention for the Protection of Literary and Artistic Works (1886):
The Berne Convention, therefore, established a copyright protection regime for authors of literary and artistic works. Moreover, it ensures authors receive equal treatment in member states, thus providing protection for all “literary and artistic works.”
The WTO and the TRIPS Agreement
In addition to WIPO, the World Trade Organization (WTO) plays a significant role in the global regulation of IP rights through the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement integrates IP into global trade, mandating consistent protection across sectors during the Uruguay Round.
TRIPS aims to foster technical innovation and technology transfer, thereby providing a balance between promoting innovation and facilitating access to knowledge. Additionally, the Agreement enforces global IP rights, consequently requiring member states to implement protection frameworks that align with TRIPS provisions.
Flexibility for Developing Countries
The TRIPS Agreement recognizes the special needs of developing countries, offering them flexibility in implementing IP laws. For instance, extended transition periods allow least-developed countries (LDCs) more time to adjust their laws to meet IP provisions.
WIPO’s Madrid System for Trademark Protection
One of WIPO’s most significant achievements is the Madrid System, which simplifies and streamlines the process of registering and managing trademarks internationally. Available in 131 countries, the Madrid System allows businesses to file a single trademark application, thereby unifying fees. This system is both cost-effective and efficient, offering global protection for trademarks with minimal administrative hassle.
Conclusion: The Global Importance of IP Protection
The protection of intellectual property rights is essential in fostering creativity, innovation, and economic growth globally. Treaties like the Paris, Berne, and TRIPS Agreements ensure global protection and enforcement of IP rights across borders. Additionally, WIPO’s efforts, particularly through the Madrid System, provide convenient and cost-effective solutions for businesses seeking global IP protection. As IP rights continue to play a crucial role in the global economy, their protection remains a vital part of international law and business strategy.
About Author
Haider Zia Kainth is a legal strategist, transactional lawyer, and partner at Neutral’s Law, specializing in ADR, mediation, arbitration, negotiation, contract law, and intellectual property. He advises global clients on cross-border transactions and dispute resolution, blending legal precision with strategic foresight.
