INTERNATIONAL IP PROTECTION UNDER MADRID PROTOCOL AND BERNE CONVENTION

PUBLISHED AS ON 08.01.2024 BY MS. HARINDER NARVAN, MS. APARNA JAIN, MS.

AASHRIKA AHUJA AND MS. RIA DHIMAN

INTRODUCTION

Intellectual property refers to intangible assets created by applying ideas and concepts evolving out of
human intellect. Lot of effort, time, energy, skill and manpower is required to build something new
and unique, therefore it must be safeguarded and protected to maintain your competitive advantage
and harvest the economic benefits in the creation or invention. IPR is focus area in global trade
practices and livelihood across the world. These rights boost the innovative environment by giving
recognition and economic benefits to the creator or inventor whereas, not getting your IPR protected
might hamper with the economic and technical advancement of the nation. At Knowledgentia
Consultants, we have one of the best legal consultants in Delhi, who have expertise in all matters and
compliances relating to global IPR protection.

IPR PROTECTION
Protection for your IP varies depending upon which aspect of Intellectual property you are working
with i.e., patents, trademark, designs or copyright.
With unregistered IP, you naturally have legal rights over your creation. But, to avoid any exploitation
or infringement, it is important for us to register your IP for which one has to make application in a
prescribed format to Intellectual Property Office. If one has not taken timely action to register their
intellectual property, even the courts of law cannot help the inventor in taking action for infringement
and thus the proof of ownership can end up becoming a missing link. Knowledgentia Consultants is
one of the best IPR law firms in Delhi where we advise our clients in managing their IP portfolio
and taking timely action to secure their rights.

GLOBAL IPR PROTECTION
On 8 th April, 2013, India deposited the instrument of accession to the Madrid Protocol. It provides a
streamlined process for registering trademarks in multiple countries through a single application. India
has been very active in the field of intellectual property and international corporation in the recent
years which has led to ratifying of three WIPO treaties to ease the search of trademarks and industrial
designs i.e., Nice Agreement, Vienna Agreement and Locarno Agreement entered into force on
September 7, 2019.
India has been the signatory to the following international agreements
1. Paris Convention
2. Berne Convention
3. Madrid Protocol
4. Patent Cooperation Treaty
In this blog we shall discuss in detail about the Madrid Protocol and Berne Convention

UNDERSTANDING MADRID PROTOCOL

More than a century ago, nine countries established a special Union for the International Registration
of Marks, at present known as the Madrid system. There are two treaties that govern the system: the
Madrid agreement of 1891 and the Madrid protocol of 1989.
Madrid Protocol- The Madrid system is administered by WIPO which provides convenient and cost-
effective solution for registering trademarks in multiple countries through one single route called the
Madrid route. This system supports you throughout the lifecycle of your trademark, from filing
application of your trademark to renewal. The protocol consists of 100 member states and
intergovernmental organizations. It was adopted by International Intellectual Property Organization in
2006. Owners of trademarks might be able to save a lot of money and time with this simplified
procedure.
The application charges differ from one country to another, yet the expense of recording a solitary
application is as a rule around £300 to £1,000. The charges usually depend upon the size of the mark
and its registration status. Further, the trademark office can charge additional fees for service such as
filing request or issuing a search report. The Madrid Convention Framework is a helpful and practical
approach to enlisting and overseeing brand names around the world. It offers trademark owners the
chance to enroll and safeguard their mark in up to 130 nations through a solitary application expense.
The system works by allowing trademark holders to submit a single application to the Madrid Office
in the nation in which they reside, have a legitimate industrial or commercial establishment, or are
nationals. This makes it more straightforward for brand name proprietors to around the world deal
with their rights globally.
First requirement for filing under Madrid is that the mark must be registered in the country of origin.
This guarantees that the owner has lawful privileges to their trademark in the nation where they filed
the application. Once the international application is filed, applicant can choose from one of the
several classes of goods and services for which fees vary depending on the number of classes being
protected. This framework permits brand name proprietors to safeguard their marks universally
without paying various expenses or charges for numerous classes of goods and services in different
countries.

BERNE CONVENTION
Each nation has their own domestic intellectual property regulations which apply to its own residents.
Copyright protection is made available to content creators and owners worldwide, as well as to
citizens of many nations. While the Madrid Agreement primarily focuses on protecting the trademarks
internationally, the Berne Convention is centered around Copyright protection. The Berne Convention
establishes a harmonized system for recognizing and protecting the rights of the authors. This
convention simplifies the process for creators seeking to safeguard their literacy, artistic and scientific
works internationally. The Berne Convention, international copyright agreement was adopted by
Berne in 1886 in an international conference and it is the most significant international copyright
treaty, administered by the World Intellectual Property Organization (WIPO). It has close to 200
member countries. The Berne Convention has 181 nations as signatories as of 2022. The Act protects
authors whose nationalities are those of one of the Union member nation’s member nation or when the
first work published in one of the nations.
Each Berne member countries around the world, copyright protection is automatic upon the creation
of work in a fixed form. This means no registration or deposit with government copyright office is
required in order to have copyright protection.
COPYRIGHT DURATION- the duration of the copyright is determined by the copyright statute in
each country.

Common rights found in copyright acts around the world include:
 Reproduction
 Adaptation and translation
 Performance in public
 Display or communication to the public
The moral right of attribution allows an author to use their name on their work or keep their identity a
secret, and the moral right of integrity prevents changes to a work that could harm the creator's
reputation. Even though the work was initially published in India, India is a signatory of the Berne
Convention. It is safeguarded by copyright in numerous different nations across the world. In this
way, regardless of whether copyright assurance isn't officially mentioned, works that were first
publishes in India are protected worldwide.

CONCLUSION
Madrid and Berne Conventions stand as fundamental pillars of intellectual property protection
offering a unified approach for trademarks and copyrights respectively. While the Madrid Agreement
serves as a gateway to efficient trademark protection, the Berne convention empowers the creators by
providing a standard foundation of copyright protection. As the global marketplace continuous
evolves, it is essential for individuals and business seeking to thrive in a world where creativity knows
no borders. Knowledgentia Consultants which is the best law firm trademark and brand
registration in Greater Kailash not only adapts to the changing legal scenario but also makes the
transition for clients easy and accessible. We are your one-stop solution for all kinds of legal,
compliance and supplemental matters concerning trademarks and copyright within and outside India.
In case of any query regarding this matter you may email us at info@knowledgentia.com or visit our
website -https://knowledgentia.com/.