Summaries of Conventions, Treaties and Agreements Administered by WIPO

Summaries of Conventions,
Treaties and Agreements

Administered by WIPO
2013
Summaries of Conventions, Treaties and Agreements Administered by WIPO
Contents
PART I 19 Summary of the Nice
Agreement Concerning the
4 Summary of the Convention International Classification
Establishing the World of Goods and Services
Intellectual Property for the Purposes of the
Organization Registration of Marks (1957)
(WIPO Convention) (1967)
20 Summary of the Lisbon
Agreement for the Protection of
PART II: Appellations of Origin and their
Industrial Property Treaties International Registration (1958)
8 Summary of the Paris 21 Summary of the Locarno

Convention for the Protection Agreement Establishing an
of Industrial Property (1883) International Classification
for Industrial Designs (1968)
11 Summary of the Madrid
Agreement Concerning the 22 Summary of the Patent
International Registration Cooperation Treaty (PCT) (1970)
of Marks (1891) and the
Protocol Relating to that 26 Summary of the Strasbourg
Agreement (1989) Agreement Concerning
the International Patent
15 Summary of the Madrid Classification (1971)
Agreement for the
Repression of False or 27 Summary of the Vienna
Deceptive Indications of Agreement Establishing an
Source on Goods (1891) International Classification
of the Figurative Elements
16 Summary of the Hague of Marks (1973)
Agreement Concerning the
International Registration of 28 Summary of the Budapest
Industrial Designs (1925) Treaty on the International
Recognition of the Deposit
of Microorganisms for
the Purposes of Patent
Procedure (1977)
1
30 Summary of the Nairobi 45 Summary of the WIPO

Treaty on the Protection of Copyright Treaty (WCT) (1996)
the Olympic Symbol (1981)
47 Summary of the WIPO
31 Summary of the Trademark Performances and Phonograms
Law Treaty (TLT) (1994) Treaty (WPPT) (1996)
33 Summary of the Patent 50 Summary of the Beijing

Law Treaty (PLT) (2000) Treaty on Audiovisual
Performances (2012)
35 Summary of the Singapore
Treaty on the Law of 53 Summary of the Marrakesh
Trademarks (2006) Treaty to Facilitate Access to
Published Works for Persons
PART III: Who Are Blind, Visually
Copyright and Related Rights Impaired, or Otherwise Print
Treaties Disabled (MVT) (2013)
38 Summary of the Berne

Convention for the
Protection of Literary and
Artistic Works (1886)
41 Summary of the Rome

Convention for the Protection
of Performers, Producers of
Phonograms and Broadcasting
Organisations (1961)
43 Summary of the Geneva

Convention for the
Protection of Producers
of Phonograms Against
Unauthorized Duplication of
their Phonograms (1971)
44 Summary of the Brussels

Convention Relating to the
Distribution of Programme-
Carrying Signals Transmitted
by Satellite (1974)
2
PART I
3
Summary of the Convention

Establishing the World Intellectual
Property Organization
(WIPO Convention) (1967)
The WIPO Convention, the constituent instru- In order to attain these objectives, WIPO, in ad-
ment of the World Intellectual Property Orga- dition to performing the administrative tasks of
nization (WIPO), was signed at Stockholm on the Unions, undertakes a number of activities,
July 14, 1967, entered into force in 1970 and including: (i) normative activities, involving the
was amended in 1979. WIPO is an intergov- setting of norms and standards for the protec-
ernmental organization that became in 1974 tion and enforcement of intellectual property
one of the specialized agencies of the United rights through the conclusion of international
Nations system of organizations. treaties; (ii) program activities, involving le-
gal and technical assistance to States in the
The origins of WIPO go back to 1883 and 1886 field of intellectual property; (iii) international
when the Paris Convention for the Protection classification and standardization activities,
of Industrial Property and the Berne Conven- involving cooperation among industrial prop-
tion for the Protection of Literary and Artistic erty offices concerning patent, trademark and
Works, respectively, were concluded. Both industrial design documentation; and (iv) reg-
Conventions provided for the establishment istration and filing activities, involving services
of an “International Bureau”. The two bureaus related to international applications for patents
were united in 1893 and, in 1970, were re- for inventions and for the registration of marks
placed by the World Intellectual Property Or- and industrial designs.
ganization, by virtue of the WIPO Convention.
WIPO’s two main objectives are (i) to pro-

mote the protection of intellectual property
worldwide; and (ii) to ensure administrative
cooperation among the intellectual property
Unions established by the treaties that WIPO
administers.
4
Membership in WIPO is open to any State The WIPO Coordination Committee is com-
that is a member of any of the Unions and to posed of members elected from among the
any other State satisfying one of the following members of the Executive Committee of the
conditions: (i) it is a member of the United Na- Paris Union and the Executive Committee of
tions, any of the specialized agencies brought the Berne Union. Its main functions are to
into relationship with the United Nations, or the give advice to the organs of the Unions, the
International Atomic Energy Agency; (ii) it is a General Assembly, the Conference, and to
party to the Statute of the International Court of the Director General, on all administrative and
Justice; or (iii) it has been invited by the Gener- financial matters of interest to these bodies. It
al Assembly of WIPO to become a party to the also prepares the draft agenda of the General
Convention. There are no obligations arising Assembly and the draft agenda of the Con-
from membership of WIPO concerning other ference. Where appropriate, the Coordination
treaties administered by WIPO. Accession Committee nominates a candidate for the post
to WIPO is effected by means of the deposit of Director General for appointment by the
with the Director General of WIPO of an instru- General Assembly.
ment of accession to the WIPO Convention.
The principal sources of income of WIPO’s
The WIPO Convention establishes three main regular budget are the fees paid by the users
organs: the WIPO General Assembly, the of the international registration and filing ser-
WIPO Conference and the WIPO Coordina- vices, and the contributions paid by the gov-
tion Committee. The WIPO General Assembly ernments of Member States. Each State be-
is composed of the Member States of WIPO longs to one of 14 classes, which determines
which are also members of any of the Unions. the amount of its contribution. Class I, with the
Its main functions are, inter alia, the appoint- highest contribution, involves the payment of
ment of the Director General upon nomination 25 contribution units, whereas Class Ster, with
by the Coordination Committee, review and the lowest contribution, involves the payment
approval of the reports of the Director General of ¹⁄₃₂ of one contribution unit. By virtue of
and the reports and activities of the Coordi- the unitary contribution system adopted by
nation Committee, adoption of the biennial Member States in 1993, the amount of each
budget common to the Unions, and adoption State’s contribution is the same whether that
of the financial regulations of the Organization. State is a member only of WIPO, or only of one
or more Unions, or of both WIPO and one or
The WIPO Conference is composed of the more Unions.
States party to the WIPO Convention. It is,
inter alia, the competent body for adopting The Secretariat of the Organization is called
amendments to the Convention. the International Bureau. The executive head of
the International Bureau is the Director General
who is appointed by the WIPO General As-
sembly and is assisted by two or more Deputy
Directors General.
5
The headquarters of the Organization are in

Geneva, Switzerland. The Organization has ex-
ternal offices in Brazil (Rio de Janeiro), Japan
(Tokyo), Singapore (Singapore) and the United
States of America (at the United Nations in
New York).
The Organization benefits from the privileges

and immunities granted to international orga-
nizations and their officials in the fulfillment of
its objectives and exercise of its functions, and
has concluded a headquarters agreement with
the Swiss Confederation to that effect.
6
PART II:
Industrial Property Treaties
7
Summary of the Paris

of Industrial Property (1883)
The Paris Convention applies to industrial filed in one of the Contracting States, the
property in the widest sense, including pat- applicant may, within a certain period of
ents, trademarks, industrial designs, utility time (12 months for patents and utility
models (a kind of “small-scale patent” provid- models; 6 months for industrial designs
ed for by the laws of some countries), service and marks), apply for protection in any
marks, trade names (designations under which of the other Contracting States. These
an industrial or commercial activity is carried subsequent applications will be regarded
out), geographical indications (indications of as if they had been filed on the same day
source and appellations of origin) and the as the first application. In other words, they
repression of unfair competition. will have priority (hence the expression
“right of priority”) over applications filed
The substantive provisions of the Convention by others during the said period of time
fall into three main categories: national treat- for the same invention, utility model, mark
ment, right of priority, common rules. or industrial design. Moreover, these sub-
sequent applications, being based on the
1. Under the provisions on national treatment, first application, will not be affected by
the Convention provides that, as regards any event that takes place in the interval,
the protection of industrial property, each such as the publication of an invention or
Contracting State must grant the same the sale of articles bearing a mark or in-
protection to nationals of other Contracting corporating an industrial design. One of
States that it grants to its own nationals. the great practical advantages of this pro-
Nationals of non-Contracting States are vision is that applicants seeking protection
also entitled to national treatment under in several countries are not required to
the Convention if they are domiciled or have present all of their applications at the same
a real and effective industrial or commer- time but have 6 or 12 months to decide in
cial establishment in a Contracting State. which countries they wish to seek pro-
tection, and to organize with due care the
2. The Convention provides for the right of steps necessary for securing protection.
priority in the case of patents (and util-
ity models where they exist), marks and 3. The Convention lays down a few common
industrial designs. This right means that, rules that all Contracting States must fol-
on the basis of a regular first application low. The most important are:
8
a. Patents. Patents granted in different grant of a compulsory license would not

Contracting States for the same inven- have been sufficient to prevent the abuse.
tion are independent of each other: the In the latter case, proceedings for forfeiture
granting of a patent in one Contracting of a patent may be instituted, but only after
State does not oblige other Contracting the expiration of two years from the grant
States to grant a patent; a patent cannot of the first compulsory license.
be refused, annulled or terminated in any
Contracting State on the ground that it b. Marks. The Paris Convention does not reg-
has been refused or annulled or has ter- ulate the conditions for the filing and reg-
minated in any other Contracting State. istration of marks which are determined
in each Contracting State by domestic law.
The inventor has the right to be named as Consequently, no application for the reg-
such in the patent. istration of a mark filed by a national of a
Contracting State may be refused, nor may
The grant of a patent may not be refused, a registration be invalidated, on the ground
and a patent may not be invalidated, on that filing, registration or renewal has not
the ground that the sale of the patented been effected in the country of origin.
product, or of a product obtained by means The registration of a mark obtained in one
of the patented process, is subject to re- Contracting State is independent of its
strictions or limitations resulting from the possible registration in any other country,
domestic law. including the country of origin; consequent-
ly, the lapse or annulment of the registration
Each Contracting State that takes legis- of a mark in one Contracting State will not
lative measures providing for the grant of affect the validity of the registration in other
compulsory licenses to prevent the abus- Contracting States.
es which might result from the exclusive
rights conferred by a patent may do so only Where a mark has been duly registered in
under certain conditions. A compulsory the country of origin, it must, on request,
license (a license not granted by the owner be accepted for filing and protected in its
of the patent but by a public authority of original form in the other Contracting States.
the State concerned), based on failure to Nevertheless, registration may be refused
work or insufficient working of the patented in well-defined cases, such as where the
invention, may only be granted pursuant to mark would infringe the acquired rights of
a request filed after three years from the third parties; where it is devoid of distinctive
grant of the patent or four years from the character; where it is contrary to morality
filing date of the patent application, and or public order; or where it is of such a
it must be refused if the patentee gives nature as to be liable to deceive the public.
legitimate reasons to justify this inaction.
Furthermore, forfeiture of a patent may not
be provided for, except in cases where the
9
If, in any Contracting State, the use of a d. Trade Names. Protection must be granted
registered mark is compulsory, the reg- to trade names in each Contracting State
istration cannot be canceled for non-use without there being an obligation to file or
until after a reasonable period, and then register the names.
only if the owner cannot justify this inaction.
e. Indications of Source. Measures must be
Each Contracting State must refuse reg- taken by each Contracting State against
istration and prohibit the use of marks direct or indirect use of a false indication of
that constitute a reproduction, imitation or the source of goods or the identity of their
translation, liable to create confusion, of a producer, manufacturer or trader.
mark used for identical and similar goods
and considered by the competent author- f. Unfair competition. Each Contracting
ity of that State to be well known in that State must provide for effective protection
State and to already belong to a person against unfair competition.
entitled to the benefits of the Convention.
The Paris Union, established by the Con-
Each Contracting State must likewise re- vention, has an Assembly and an Executive
fuse registration and prohibit the use of Committee. Every State that is a member of
marks that consist of or contain, without the Union and has adhered to at least the ad-
authorization, armorial bearings, State ministrative and final provisions of the Stock-
emblems and official signs and hallmarks holm Act (1967) is a member of the Assembly.
of Contracting States, provided they have The members of the Executive Committee
been communicated through the Interna- are elected from among the members of the
tional Bureau of WIPO. The same provi- Union, except for Switzerland, which is a mem-
sions apply to armorial bearings, flags, ber ex officio. The establishment of the biennial
other emblems, abbreviations and names program and budget of the WIPO Secretariat
of certain intergovernmental organizations. – as far as the Paris Union is concerned – is
the task of its Assembly.
Collective marks must be granted pro-
tection. The Paris Convention, concluded in 1883,
was revised at Brussels in 1900, at Wash-
c. Industrial Designs. Industrial designs ington in 1911, at The Hague in 1925, at Lon-
must be protected in each Contracting don in 1934, at Lisbon in 1958 and at Stock-
State, and protection may not be forfeited holm in 1967, and was amended in 1979.
on the ground that articles incorporating the
design are not manufactured in that State. The Convention (the full text of which is available
at www.wipo.int/treaties) is open to all States.
Instruments of ratification or accession must be
deposited with the Director General of WIPO.
10
Summary of the Madrid Agreement

Concerning the International
Registration of Marks (1891)
and the Protocol Relating
to that Agreement (1989)
Introduction Who May Use the System ?
The Madrid System for the International Reg- An application for international registration
istration of Marks is governed by two treaties: (international application) may be filed only
• the Madrid Agreement, concluded in 1891 by a natural person or legal entity having a
and revised at Brussels (1900), Washington connection – through establishment, domicile
(1911), The Hague (1925), London (1934), or nationality – with a Contracting Party to the
Nice (1957) and Stockholm (1967), and Agreement or the Protocol.
amended in 1979, and
• the Protocol relating to that Agreement, A mark may be the subject of an international
concluded in 1989, which aims to make application only if it has already been regis-
the Madrid System more flexible and more tered with the trademark office of the Con-
compatible with the domestic legislation tracting Party with which the applicant has
of certain countries or intergovernmental the necessary connections (referred to as
organizations that had not been able to the office of origin). However, where all the
accede to the Agreement. designations are effected under the Proto-
col (see below), the international application
States and organizations party to the Madrid may be based simply on an application for
System are collectively referred to as Con- registration filed with the office of origin. An
tracting Parties. international application must be presented to
the International Bureau of WIPO through the
The system makes it possible to protect a mark intermediary of the office of origin.
in a large number of countries by obtaining an
international registration that has effect in each
of the designated Contracting Parties.
11
The International by an individual fee, whose amount is deter-

Application mined by the Contracting Party concerned but
may not be higher than the amount that would
An application for international registration be payable for the registration of a mark, at the
must designate one or more Contracting Par- national level, with its office.
ties in which protection is sought. Further
designations can be effected subsequently. A
Contracting Party may be designated only if it International Registration
is party to the same treaty as the Contracting
Party whose office is the office of origin. The Once the International Bureau receives an in-
latter cannot itself be designated in the inter- ternational application, it carries out an exam-
national application. ination for compliance with the requirements
of the Agreement, the Protocol and their Com-
The designation of a given Contracting Party mon Regulations. This examination is restrict-
is made either under the Agreement or the ed to formalities, including the classification
Protocol, depending on which treaty is com- and comprehensibility of the list of goods and/
mon to the Contracting Parties concerned. or services. If there are no irregularities in the
If both Contracting Parties are party to the application, the International Bureau records
Agreement and the Protocol, the designation the mark in the International Register, publish-
will be governed by the Protocol. es the international registration in the WIPO
Gazette of International Marks (hereinafter
International applications can be filed in En- referred to as “the Gazette”), and notifies it to
glish, French or Spanish, irrespective of which each designated Contracting Party. Any matter
treaty or treaties govern the application, unless of substance, such as whether the mark qual-
the office of origin restricts that choice to one ifies for protection or whether it is in conflict
or two of these languages. with a mark registered previously in a partic-
ular Contracting Party, is determined by that
The filing of an international application is Contracting Party’s trademark office under the
subject to the payment of a basic fee (which applicable domestic legislation. The Gazette
is reduced to 10 per cent of the prescribed is available in electronic form (e-Gazette) on
amount for international applications filed by the Madrid System website.
applicants whose country of origin is an LDC,
in accordance with the list established by the
United Nations), a supplementary fee for each
class of goods and/or services beyond the
first three classes, and a complementary fee
for each Contracting Party designated. How-
ever, a Contracting Party to the Protocol may
declare that, when it is designated under the
Protocol, the complementary fee is replaced
12
Statement of Grant of Effects of an International

Protection or Refusal of Registration
Protection
The effects of an international registration in
The office of each designated Contracting Par- each designated Contracting Party are, from
ty shall issue a statement of grant of protection the date of the international registration, the
under Rule 18ter of the Common Regulations. same as if the mark had been deposited di-
rectly with the office of that Contracting Party.
However, when designated Contracting Par- If no refusal is issued within the applicable
ties examine the international registration for time limit, or if a refusal originally notified by a
compliance with their domestic legislation, Contracting Party is subsequently withdrawn,
and if some substantive provisions are not the protection of the mark is, from the date
complied with, they have the right to refuse of the international registration, the same as
protection in their territory. Any such refusal, if it had been registered by the office of that
including an indication of the grounds on which Contracting Party.
it is based, must be communicated to the In-
ternational Bureau, normally within 12 months An international registration is effective for 10
from the date of notification. However, a Con- years. It may be renewed for further periods
tracting Party to the Protocol may declare that, of 10 years on payment of the prescribed fees.
when it is designated under the Protocol, this
time limit is extended to 18 months. That Con- Protection may be limited with regard to some
tracting Party may also declare that a refusal or all of the goods or services or may be re-
based on an opposition may be communicat- nounced with regard to some only of the des-
ed to the International Bureau even after the ignated Contracting Parties. An international
18-month time limit. registration may be transferred in relation to
all or some of the designated Contracting
The refusal is communicated to the holder of Parties and all or some of the goods or ser-
the registration or the holder’s representative vices indicated.
before the International Bureau, recorded in
the International Register and published in the
Gazette. The procedure subsequent to a refus- Advantages of the Madrid
al (such as an appeal or a review) is carried out System
directly by the competent administration and/
or court of the Contracting Party concerned The Madrid System offers several advantag-
and the holder, without the involvement of es for trademark owners. Instead of filing a
the International Bureau. The final decision separate national application in each country
concerning the refusal must, however, be com- of interest, in several different languages, in
municated to the International Bureau, which accordance with different national or regional
records and publishes it. procedural rules and regulations and paying
several different (and often higher) fees, an
13
international registration may be obtained by

simply filing one application with the Interna-
tional Bureau (through the office of the home
country), in one language (English, French or
Spanish) and paying one set of fees.
Similar advantages exist for maintaining and

renewing a registration. Likewise, if the interna-
tional registration is assigned to a third party,
or is otherwise changed, such as a change
in name and/or address, this may be record-
ed with effect for all designated Contracting
Parties by means of a single procedural step.
To facilitate the work of the users of the Madrid

System, the International Bureau publishes a
Guide to the International Registration of
Marks under the Madrid Agreement and
the Madrid Protocol.
The full texts of the Madrid Agreement and

Protocol are available at www.wipo.int/treaties.
The Madrid Agreement and Protocol are open

to any State party to the Paris Convention for
the Protection of Industrial Property (1883)
(see the relevant Summary in this series). The
two treaties are parallel and independent, and
States may adhere to either or both of them.
In addition, an intergovernmental organization
that maintains its own office for the registration
of marks may become party to the Protocol. In-
struments of ratification or accession must be
14
Summary of the Madrid

Agreement for the Repression
of False or Deceptive Indications
of Source on Goods (1891)
According to this Agreement, all goods bear- The Agreement, concluded in 1891, was re-
ing a false or deceptive indication of source, vised at Washington in 1911, at The Hague in
by which one of the Contracting States, or a 1925, at London in 1934, at Lisbon in 1958 and
place situated therein, is directly or indirectly at Stockholm in 1967.
indicated as being the country or place of ori-
gin, must be seized on importation, or such im- The Agreement (the full text of which is avail-
portation must be prohibited, or other actions able at www.wipo.int/treaties) is open to States
and sanctions must be applied in connection party to the Paris Convention for the Protection
with such importation. of Industrial Property (1883) (see the relevant
Summary in this series). Instruments of rati-
The Agreement provides for the cases and the fication or accession must be deposited with
manner in which seizure may be requested and the Director General of WIPO.
effected. It prohibits the use, in connection
with the sale, display or offering for sale of any
goods, of all indications in the nature of pub-
licity capable of deceiving the public as to the
source of the goods. It is reserved to the courts
of each Contracting State to decide which
appellations (other than regional appellations
concerning the source of products of the vine)
do not, on account of their generic character,
come within the scope of the Agreement. The
Agreement does not provide for the establish-
ment of a Union, governing body or budget.
15
Summary of the Hague

Agreement Concerning
the International Registration
of Industrial Designs (1925)
Two Acts of the Hague Agreement are current- the applicant has the connection described
ly in operation – the 1999 Act and the 1960 Act. above (hereafter referred to as “Contracting
In September 2009, it was decided to freeze Party of origin”).
the application of the 1934 Act of the Hague
Agreement, thus simplifying and streamlining International design applications may be filed
overall administration of the international de- with the International Bureau of WIPO, either
sign registration system. directly or through the industrial property of-
fice of the Contracting Party of origin if the
An international design registration may be ob- law of that Contracting Party so permits or
tained only by a natural person or legal entity requires. In practice, however, virtually all in-
having a connection – through establishment, ternational applications are filed directly with
domicile, nationality or, under the 1999 Act, the International Bureau, and the majority are
habitual residence – with a Contracting Party filed using the electronic filing interface on
to either of the two Acts. WIPO’s website.
The Hague Agreement allows applicants to International applications may include up to

register an industrial design by filing a single 100 designs, provided they all belong to the
application with the International Bureau of same class of the International Classification
WIPO, enabling design owners to protect their for Industrial Designs (Locarno Classification).
designs with minimum formalities in multiple Applicants may choose to file an application
countries or regions. The Hague Agreement in English, French or Spanish. Internation-
also simplifies the management of an indus- al applications must contain one or several
trial design registration, since it is possible reproductions of the industrial design(s) and
to record subsequent changes and to renew must designate at least one Contracting Party.
the international registration through a single
procedural step. International registrations are published in
the International Designs Bulletin, issued
An international application may be governed weekly online. Depending on the Contracting
by the 1999 Act, the 1960 Act or both, de- Parties designated, applicants may request
pending on the Contracting Party with which that the publication be deferred by a period
16
not exceeding 30 months from the date of The 1934 Act

the international registration or, if priority is
claimed, from the priority date. The application of the 1934 Act was frozen
as of January 1, 2010, meaning that no new
Each Contracting Party designated by the ap- registration or designation under the 1934 Act
plicant may refuse protection within 6 months, could be entered in the International Register
or possibly 12 months under the 1999 Act, as of that date. However, the renewal of exist-
from the date of publication of the international ing designations under the 1934 Act and the
registration. Refusal of protection can only be recording in the International Register of any
based on requirements of the domestic law change affecting such designations will con-
other than the formalities and administrative tinue to be possible up to the maximum dura-
acts to be accomplished under the domestic tion of protection under the 1934 Act (15 years).
law by the office of the Contracting Party that
refuses protection.
General
If no refusal is notified by a given designated
Contracting Party within the prescribed time The WIPO Secretariat publishes a Guide to
limit (or if such refusal has subsequently been the International Registration of Industrial
withdrawn), the international registration has ef- Designs for users of the Hague System.
fect as a grant of protection in that Contracting
Party, under the law of that Contracting Party. The Hague Agreement, concluded in 1925, was
revised at London in 1934 and at The Hague
The term of protection is five years, renewable in 1960. It was completed by an Additional
for at least one five-year period under the 1960 Act signed at Monaco in 1961 and by a Com-
Act, or two such periods under the 1999 Act. If plementary Act signed at Stockholm in 1967,
the legislation of a Contracting Party provides which was amended in 1979. As noted above,
for a longer term of protection, protection of a further Act was adopted at Geneva in 1999.
the same duration shall, on the basis of the
international registration and its renewals, be The Hague Agreement created a Union, which,
granted in that Contracting Party to designs since 1970, has had an Assembly. Every mem-
that have been the subject of an international ber of the Union that has adhered to the Com-
registration. To facilitate access to the Hague plementary Act of Stockholm is a member of
System for design creators from least devel- the Assembly. Among the most important tasks
oped countries (LDCs), the fees for an interna- of the Assembly are the adoption of the bien-
tional application are, in their case, reduced to nial program and budget of the Union and the
10 per cent of the prescribed amounts. adoption and modification of the implementing
regulations, including the fixing of the fees
connected with the use of the Hague System.
17
The 1999 Act of the Agreement (the full text

of which is available at www.wipo.int/trea-
ties) is open to any WIPO Member State and
to certain intergovernmental organizations.
Instruments of ratification or accession must
be deposited with the Director General of
WIPO. While the 1960 Act remains open to
States party to the Paris Convention for the
Protection of Industrial Property (1883) (see
the relevant Summary in this series), it is the
more advantageous 1999 Act that govern-
ments of prospective Contracting Parties are
encouraged to join.
18
Summary of the Nice Agreement

Concerning the International
Classification of Goods and
Services for the Purposes of the
Registration of Marks (1957)
The Nice Agreement establishes a classifica- (BOIP) and the Office for Harmonization in the
tion of goods and services for the purposes Internal Market (Trade Marks and Designs)
of registering trademarks and service marks (OHIM) of the European Union (EU), also use
(the Nice Classification). The trademark of- the Classification.
fices of Contracting States must indicate, in
official documents and publications in con- The Nice Agreement created a Union, which
nection with each registration, the numbers has an Assembly. Every State that is a member
of the classes of the Classification to which of the Union and has adhered to the Stockholm
the goods or services for which the mark is Act or the Geneva Act of the Nice Agreement
registered belong. is a member of the Assembly. Among the most
important tasks of the Assembly is the adop-
The Classification consists of a list of classes tion of the biennial program and budget of
– 34 for goods and 11 for services – and an the Union.
alphabetical list of the goods and services. The
latter comprises some 11,000 items. Both lists The Agreement, concluded in 1957, was re-
are amended and supplemented periodically vised at Stockholm in 1967 and at Geneva in
by a Committee of Experts in which all Con- 1977, and was amended in 1979.
tracting States are represented. The current
edition of the Classification is the tenth, which The Agreement (the full text of which is avail-
entered into force on January 1, 2012. able at www.wipo.int/treaties) is open to States
party to the Paris Convention for the Protection
Although only 83 States are party to the Nice of Industrial Property (1883) (see the relevant
Agreement, the trademark offices of about 65 Summary in this series). Instruments of rati-
additional States, as well as the International fication or accession must be deposited with
Bureau of WIPO, the African Intellectual Prop- the Director General of WIPO.
erty Organization (OAPI), the African Regional
Intellectual Property Organization (ARIPO), the
Benelux Organisation for Intellectual Property
19
Summary of the Lisbon

Agreement for the Protection
of Appellations of Origin and their
International Registration (1958)
The Lisbon Agreement provides for the pro- as long as it continues to be protected in the
tection of appellations of origin, that is, the country of origin (Article 6).
“geographical denomination of a country, re-
gion, or locality, which serves to designate Since January 2010, Contracting States have
a product originating therein, the quality or had the option to issue a statement of grant
characteristics of which are due exclusively of protection, thus improving communication
or essentially to the geographic environment, regarding the status of international registra-
including natural and human factors” (Article tions in member countries. These statements
2). Such denominations are registered by the can be issued by Contracting States that know,
International Bureau of WIPO in Geneva upon well before the expiry of the one-year refusal
the request of the competent authority of a period under Article 5(3), that they will not issue
Contracting State. The International Bureau a declaration of refusal of protection; or the
keeps the International Register of Appella- statement can take the place of the notification
tions of Origin and formally notifies the other of withdrawal of a refusal already given.
Contracting States of the registrations. It also
publishes them in the Lisbon system’s official The Lisbon Agreement, concluded in 1958,
bulletin Appellations of Origin. A Contracting was revised at Stockholm in 1967, and amend-
State may declare, within one year of receiving ed in 1979. The Lisbon Agreement created a
the notice of registration, that it cannot ensure Union which has an Assembly. Every State
the protection of a registered appellation within member of the Union that has adhered to at
its territory (Article 5(3)). Such a declaration least the administrative and final clauses of the
must include grounds for the refusal of pro- Stockholm Act is a member of the Assembly.
tection. Contracting States may subsequently
withdraw a refusal, according to a procedure The Agreement (the full text of which is avail-
foreseen under the Lisbon system. A registered able at www.wipo.int/treaties) is open to States
appellation will be protected against usurpation party to the Paris Convention for the Protection
or imitation, even when used in translation or of Industrial Property (1883) (see the relevant
accompanied by words such as “kind”, “type” Summary in this series). Instruments of rati-
or the like (Article 3), and may not be deemed fication or accession must be deposited with
to have become generic in a Contracting State the Director General of WIPO.
20
Summary of the Locarno

Agreement Establishing
an International Classification
for Industrial Designs (1968)
The Locarno Agreement establishes a clas- istration of Industrial Designs (see the relevant
sification for industrial designs (the Locarno Summary in this series), and by the African
Classification). The competent offices of the Intellectual Property Organization (OAPI), the
Contracting States must indicate in official African Regional Intellectual Property Organi-
documents reflecting the deposit or registra- zation (ARIPO), the Benelux Organisation for
tion of industrial designs the numbers of the Intellectual Property (BOIP) and the Office for
classes and subclasses of the Classification Harmonization in the Internal Market (Trade
to which the goods incorporating the designs Marks and Designs) (OHIM) of the European
belong. This must also be done in any publica- Union (EU).
tion the offices issue in respect of the deposit
or registration of industrial designs. The Locarno Agreement, concluded in 1968,
was amended in 1979. The Locarno Agree-
The Classification consists of a list of 32 class- ment created a Union, which has an Assembly.
es and 219 subclasses and an alphabetical list Every State that is a member of the Union is
of goods with an indication of the class and a member of the Assembly. Among the most
subclass to which each product belongs. The important tasks of the Assembly is the adop-
latter comprises approximately 7,000 items. tion of the biennial program and budget of
the Union.
A Committee of Experts in which all Con-
tracting States are represented, set up under The Agreement (the full text of which is avail-
the Agreement, is entrusted with the task of able at www.wipo.int/treaties) is open to States
periodically revising the Classification. The party to the Paris Convention for the Protection
current edition is the ninth, which entered into of Industrial Property (1883) (see the relevant
force on January 1, 2009. Summary in this series). Instruments of rati-
fication or accession must be deposited with
The Classification is applied by 52 States party the Director General of WIPO.
to the Locarno Agreement. The Classification
is also applied by the International Bureau
of WIPO in the administration of the Hague
Agreement Concerning the International Reg-
21
Summary of the Patent

Cooperation Treaty (PCT) (1970)
The Patent Cooperation Treaty (PCT) makes national patent application had been filed with
it possible to seek patent protection for an the national patent office of that State.
invention simultaneously in each of a large
number of countries by filing an “international” The international application is subjected to an
patent application. Such an application may be international search. That search is carried out
filed by anyone who is a national or resident by one of the competent International Search-
of a PCT Contracting State. It may generally ing Authorities (ISA) under the PCT 1 and re-
be filed with the national patent office of the sults in an international search report, that is, a
Contracting State of which the applicant is listing of the citations of published documents
a national or resident or, at the applicant’s that might affect the patentability of the inven-
option, with the International Bureau of WIPO tion claimed in the international application. In
in Geneva. addition, a preliminary and non-binding written
opinion on whether the invention appears to
If the applicant is a national or resident of a meet patentability criteria in light of the search
Contracting State party to the European Patent report results is also issued.
Convention, the Harare Protocol on Patents
and Industrial Designs (Harare Protocol), the The international search report and written
Bangui Agreement, or the Eurasian Patent opinion are communicated to the applicant
Convention, the international application may who, after evaluating their content, may decide
also be filed with the European Patent Of- to withdraw the application, in particular where
fice (EPO), the African Regional Intellectual the content of the report and opinion suggests
Property Organization (ARIPO), the African that the granting of patents is unlikely, or the
Intellectual Property Organization (OAPI) or the applicant may decide to amend the claims in
Eurasian Patent Office (EAPO), respectively. the application.
The Treaty regulates in detail the formal re-

quirements with which international applica-
tions must comply. 1 The patent offices of Australia, Austria, Brazil, Canada,
China, Finland, Israel, Japan, the Republic of Korea,
the Russian Federation, Spain, Sweden, the United
Filing a PCT application has the effect of au- States of America, the European Patent Office and the
tomatically designating all Contracting States Nordic Patent Institute act as International Searching
Authorities under the PCT (status on January 1, 2013).
bound by the PCT on the international filing
Agreements enabling the offices of Chile, Egypt
date. The effect of the international application and India to act as ISAs have been signed; however,
is the same in each designated State as if a these offices have not yet commenced operations.
22
If the international application is not withdrawn, is prepared by one of the competent Interna-
it is published by the International Bureau, to- tional Preliminary Examining Authorities (IPEA)
gether with the international search report. The under the PCT 2 and which contains a prelim-
written opinion is not published at that time. inary and non-binding opinion on the patent-
ability of the claimed invention. It provides
Before the expiration of 19 months from the the applicant with an even stronger basis on
priority date, the applicant has the option to re- which to evaluate the chances of obtaining a
quest a Supplementary International Search- patent and, if the report is favorable, a stronger
ing Authority (SISA) (an ISA willing to offer this basis on which to continue with the application
service) to carry out an additional search of before national and regional patent offices.
relevant documentation, specifically focusing If no international preliminary examination
on documents in the particular language in has been requested, the International Bureau
which that authority specializes. The goal of establishes an international preliminary report
this additional search is to reduce the likeli- on patentability (IPRP Chapter I) on the basis
hood of further documents coming to light in of the written opinion of the ISA and commu-
the national phase that would make granting nicates this report to the designated offices.
the patent unlikely.
The procedure under the PCT has great ad-
An applicant that decides to continue with vantages for applicants, patent offices and the
the international application with a view to general public:
obtaining national (or regional) patents can, in 1. applicants have up to 18 months more than
relation to most Contracting States, wait until if they had not used the PCT to reflect on the
the end of the thirtieth month from the priority desirability of seeking protection in foreign
date to commence the national procedure countries, appoint local patent agents in
before each designated office by furnishing each foreign country, prepare the neces-
a translation (where necessary) of the appli- sary translations and pay national fees;
cation into the official language of that office, 2. applicants can rest assured that, if their
paying to it the necessary fees and acquiring international application is in the form pre-
the services of local patent agents. scribed by the PCT, it cannot be rejected
on formal grounds by any designated office
If the applicant wishes to make amendments during the national phase;
to the application – for example, in order to
address documents identified in the search re- 2 The patent offices of Australia, Austria, Brazil,
port and conclusions made in the written opin- Canada, China, Finland, Israel, Japan, the Republic
ion – and to have the potential patentability of of Korea, the Russian Federation, Spain, Sweden,
the United States of America, the European Patent
the “as-amended” application reviewed – an Office and the Nordic Patent Institute act as
optional international preliminary examination International Preliminary Examining Authorities under
may be requested. The result of the preliminary the PCT (status on January 1, 2013). Agreements
enabling the offices of Chile, Egypt and India to
examination is an international preliminary act as IPEAs have been signed; however, these
report on patentability (IPRP Chapter II) which offices have not yet commenced operations.
23
3. on the basis of the international search re- Ultimately, the PCT:

port and the written opinion, applicants can • brings the world within reach;
evaluate with reasonable probability the • postpones the major costs associated with
chances of their invention being patented; international patent protection;
4. applicants have the possibility, during the • provides a strong basis for patenting de-
optional international preliminary examina- cisions; and
tion, to amend the international application • is used by the world’s major corporations,
and thus put it in order before processing research institutions and universities in
by the various patent offices; seeking international patent protection.
5. the search and examination work of pat-
ent offices can be considerably reduced The PCT created a Union which has an Assem-
or eliminated thanks to the internation- bly. Every State party to the PCT is a member
al search report, the written opinion and, of the Assembly. Among the most important
where applicable, the international prelim- tasks of the Assembly are the amendment of
inary report on patentability which are com- the Regulations issued under the Treaty, the
municated to designated offices together adoption of the biennial program and budget
with the international application; of the Union and the fixing of certain fees
6. since each international application is connected with the use of the PCT system.
published with an international search re-
port, third parties are in a better position The Assembly of the PCT Union has estab-
to formulate a well-founded opinion about lished a special measure to benefit (i) natural
the potential patentability of the claimed persons who are nationals of and reside in
invention; and States with a per capita national income below
7. for applicants, international publication puts US$3,000, or who are nationals of and reside
the world on notice of their applications, in one of the States listed in the Schedule of
which can be an effective means of adver- Fees under the PCT Regulations, and (ii) ap-
tising and looking for potential licensees. plicants, whether natural persons or not, who
are nationals of and reside in States classified
as LDCs by the United Nations. That benefit
consists of a reduction of 90 per cent of certain
fees under the Treaty.
Details concerning the PCT can be obtained by

consulting the PCT website (www.wipo.int/pct/
en/), the PCT Applicant’s Guide, published
by WIPO in English and French (Chinese, Ger-
man and Japanese editions, not published
by WIPO, also exist) and the PCT Newsletter,
published by WIPO in English.
24
The PCT (the full text of which is available

at www.wipo.int/treaties) was concluded in
1970, amended in 1979 and modified in 1984
and in 2001.
It is open to States party to the Paris Convention

for the Protection of Industrial Property (1883)
(see the relevant Summary in this series). In-
25
Summary of the Strasbourg

Agreement Concerning
the International Patent
Classification (1971)
The Strasbourg Agreement establishes the In order to keep the IPC up to date, it is contin-
International Patent Classification (IPC) which uously revised and a new edition is published
divides technology into eight sections with ap- each year on January 1.
proximately 70,000 subdivisions. Each subdivi-
sion is denoted by a symbol consisting of Ara- The revision of the IPC is carried out by the
bic numerals and letters of the Latin alphabet. IPC Committee of Experts set up under the
Agreement. All States party to the Agreement
The appropriate IPC symbols are indicated on are members of the Committee of Experts.
patent documents (published patent applica-
tions and granted patents), of which over 2 The Strasbourg Agreement created a Union,
million are issued each year. The appropriate which has an Assembly. Every State that is
symbols are allotted by the national or region- a member of the Union is a member of the
al industrial property office that publishes Assembly. Among the most important tasks
the patent document. For PCT applications, of the Assembly is the adoption of the biennial
IPC symbols are allotted by the International program and budget of the Union.
Searching Authority.
The Agreement – commonly referred to as
Classification is indispensable for the retrieval the IPC Agreement – was concluded in 1971
of patent documents in the search for “prior and amended in 1979 (the full text is available
art”. Such retrieval is needed by patent-issuing at www.wipo.int/treaties). It is open to States
authorities, potential inventors, research and party to the Paris Convention for the Protection
development units and others concerned with of Industrial Property (1883) (see the relevant
the application or development of technology. Summary in this series). Instruments of rati-
Although only 62 States are party to the Agree- the Director General of WIPO.
ment, the IPC is used by the patent offices of
more than 100 States, four regional offices and
the Secretariat of WIPO in administering the
Patent Cooperation Treaty (PCT) (1970) (see
the relevant Summary in this series).
26
Summary of the Vienna Agreement

Establishing an International
Classification of the Figurative
Elements of Marks (1973)
The Vienna Agreement establishes a classifi- Although only 31 States are party to the Vienna
cation (the Vienna Classification) for marks that Agreement, the Classification is used by the
consist of, or contain, figurative elements. The industrial property offices of at least 30 other
competent offices of Contracting States must States, as well as by the International Bureau
indicate in official documents and publications of WIPO, the African Intellectual Property Or-
relating to registrations and renewals of marks ganization (OAPI), the Benelux Organisation
the numbers of the categories, divisions and for Intellectual Property (BOIP) and the Office
sections of the Classification to which the for Harmonization in the Internal Market (Trade
figurative elements of those marks belong. Marks and Designs) (OHIM) of the European
Union (EU).
A Committee of Experts in which all Con-
tracting States are represented, set up under The Vienna Agreement created a Union, which
the Agreement, is entrusted with the task of has an Assembly. Every State that is a member
periodically revising the Classification. The of the Union is a member of the Assembly.
current (seventh) edition has been in force Among the most important tasks of the As-
since January 1, 2013. sembly is the adoption of the biennial program
and budget of the Union.
The Classification consists of 29 categories,
145 divisions and some 1,700 sections in The Vienna Agreement, concluded in 1973,
which the figurative elements of marks are was amended in 1985.
classified.
The Agreement (the full text of which is avail-
able at www.wipo.int/treaties) is open to States
party to the Paris Convention for the Protection
of Industrial Property (1883) (see the relevant
the Director General of WIPO.
27
Summary of the Budapest

Treaty on the International
Recognition of the Deposit of
Microorganisms for the Purposes
of Patent Procedure (1977)
The main feature of the Budapest Treaty is that It is in order to eliminate the need to deposit in
a Contracting State that allows or requires the each country in which protection is sought that
deposit of microorganisms for the purposes the Treaty provides that the deposit of a mi-
of patent procedure must recognize, for such croorganism with any “international depositary
purposes, the deposit of a microorganism authority” suffices for the purposes of patent
with any “international depositary authority”, procedure before the national patent offices
irrespective of whether that authority is on or of all of the Contracting States and before
outside the territory of the said State. any regional patent office (if such a regional
office declares that it recognizes the effects
Disclosure of the invention is a requirement for of the Treaty). The European Patent Organi-
the grant of patents. Normally, an invention is sation (EPO), the Eurasian Patent Organization
disclosed by means of a written description. (EAPO) and the African Regional Intellectual
Where an invention involves a microorganism Property Organization (ARIPO) have made
not available to the public, or the use of it, dis- such declarations.
closure is not possible in writing but can only
be effected by the deposit, with a specialized What the Treaty calls an “international depos-
institution, of a sample of the microorganism. itary authority” is a scientific institution – typi-
In practice, the term “microorganism” is inter- cally a “culture collection” – capable of storing
preted in a broad sense, covering biological microorganisms. An institution acquires “inter-
material the deposit of which is necessary national depositary authority” status through
for the purposes of disclosure, in particular the furnishing, by the Contracting State of the
regarding inventions relating to the food and territory in which it is located, of assurances
pharmaceutical fields. to the Director General of WIPO to the effect
that the said institution complies and will con-
tinue to comply with certain requirements of
the Treaty.
28
The Treaty makes the patent system of the

Contracting State more attractive, because it
is primarily advantageous to depositors if they
are applicants for patents in several Contract-
ing States. The deposit of a microorganism
under the procedures provided for in the Treaty
will save depositors money and increase their
security. It saves depositors money because,
instead of depositing the microorganism in
each and every Contracting State in which
they file a patent application referring to that
microorganism, they deposit it only once with
one depositary authority. The Treaty increases
the security of the depositor by establishing
a uniform system of deposit, recognition and
furnishing of samples of microorganisms.
The Treaty does not provide for the institution

of a budget, but it does create a Union and
an Assembly whose members are the States
party to the Treaty. The main task of the As-
sembly is the amendment of the Regulations
under the Treaty. No State can be requested
to pay contributions to the International Bureau
of WIPO on account of its membership in the
Budapest Union or to establish an “interna-
tional depositary authority”.
The Budapest Treaty (the full text of which is

available at www.wipo.int/treaties) was con-
cluded in 1977 and is open to States party
to the Paris Convention for the Protection of
Industrial Property (1883) (see the relevant
29
Summary of the Nairobi

Treaty on the Protection
of the Olympic Symbol (1981)
All States party to the Nairobi Treaty are under
the obligation to protect the Olympic symbol –
five interlaced rings – against use for commer-
cial purposes (in advertisements, on goods, as
a mark, etc.) without the authorization of the
International Olympic Committee.
An important effect of the Treaty is that, if

the International Olympic Committee grants
authorization to use the Olympic symbol in a
State party to the Treaty, the National Olym-
pic Committee of that State is entitled to a
part in any revenue the International Olympic
Committee obtains for granting the said au-
thorization.
The Treaty does not provide for the institution

of a Union, governing body or budget.
The Treaty (the full text of which is available

at www.wipo.int/treaties) is open to any State
member of WIPO, the Paris Convention for the
Protection of Industrial Property (1883) (see the
relevant Summary in this series), the United
Nations or any of the specialized agencies
brought into relationship with the United Na-
tions. Instruments of ratification, acceptance,
approval or accession must be deposited with
30
Summary of the Trademark

Law Treaty (TLT) (1994)
The aim of the Trademark Law Treaty (TLT) where applicable, a declaration of intention to
is to standardize and streamline national and use the mark. Each Contracting Party must
regional trademark registration procedures. also allow that an application can relate to
This is achieved through the simplification goods and/or services belonging to several
and harmonization of certain features of those classes of the Nice Classification. As the list
procedures, thus making trademark applica- of permissible requirements is exhaustive,
tions and the administration of trademark reg- a Contracting Party cannot require, for ex-
istrations in multiple jurisdictions less complex ample, that the applicant produce an extract
and more predictable. from a register of commerce, an indication of
a certain commercial activity, or evidence to
The great majority of the provisions of the TLT the effect that the mark has been registered
concern the procedure before a trademark in the trademark register of another country.
office which can be divided into three main
phases: application for registration; chang- The second phase of the trademark proce-
es after registration; and renewal. The rules dure covered by the TLT concerns changes
concerning each phase are constructed so in names or addresses and changes in the
as to clearly define the requirements for an ownership of the registration. Here too, the
application or a specific request. applicable formal requirements are exhaus-
tively listed. A single request is sufficient even
As to the first phase – application for regis- where the change relates to more than one –
tration – the Contracting Parties to the TLT possibly hundreds – of trademark applications
may require, as a maximum, the following or registrations, provided that the change to
indications: a request, the name and address be recorded pertains to all registrations or
and other indications concerning the appli- applications concerned.
cant and the representative; various indica-
tions concerning the mark, including a certain As to the third phase, renewal, the TLT stan-
number of representations of the mark; the dardizes the duration of the initial period of
goods and services for which registration is registration and the duration of each renewal
sought classified in the relevant class of the to 10 years each.
Nice Classification (established under the
Nice Agreement Concerning the International Furthermore, the TLT provides that a power
Classification of Goods and Services for the of attorney may relate to several applications
Purposes of the Registration of Marks (1957) or registrations by the same person or entity.
(see the relevant Summary in this series)); and,
31
The TLT also contains Model International

Forms (MIF) corresponding to the maximum
requirements that a Contracting Party may
provide for in respect of a particular procedure
or document. A Contracting Party may also
prepare its own Individualized International
Form for use by applicants, provided that such
forms do not require mandatory elements that
would be additional to the elements referred
to in the corresponding MIF.
Most notably, the TLT does not allow a re-

quirement as to the attestation, notarization,
authentication, legalization or certification of
any signature, except in the case of the sur-
render of a registration.
The TLT (the full text of which is available at

www.wipo.int/treaties) was concluded in 1994
and is open to States members of WIPO and
to certain intergovernmental organizations. In-
32
Summary of the Patent

Law Treaty (PLT) (2000)
The aim of the Patent Law Treaty (PLT) is to a filing date. In particular, a Contracting
harmonize and streamline formal procedures Party cannot include one or more claims or
in respect of national and regional patent ap- a filing fee in a filing date requirement. As
plications and patents and, thus, to make such mentioned above, these requirements are
procedures more user friendly. With the sig- not maximum requirements but constitute
nificant exception of filing date requirements, absolute requirements, so that a Contract-
the PLT provides the maximum sets of require- ing Party would not be allowed to accord
ments the office of a Contracting Party may a filing date unless all those requirements
apply. This means that a Contracting Party is are complied with.
free to provide for requirements that are more • A set of formal requirements for national
generous from the viewpoint of applicants and regional applications was standardized
and owners, but that the requirements under by incorporating into the PLT the require-
the PLT are mandatory as to the maximum an ments relating to form or content of interna-
office can require from applicants or owners. tional applications under the PCT, including
The Treaty contains, in particular, provisions the contents of the PCT request Form and
on the following issues: the use of that request Form accompanied
• Requirements for obtaining a filing date by an indication that the application is to
were standardized in order to minimize the be treated as a national application. This
risks that applicants could inadvertently eliminates or reduces procedural gaps be-
lose the filing date, which is of utmost im- tween national, regional and international
portance in the patent procedure. The PLT patent systems.
requires that the office of any Contracting • The standardized Model International
Party must accord a filing date to an appli- Forms that have to be accepted by the
cation upon compliance with three simple offices of all Contracting Parties were es-
formal requirements: first, an indication tablished.
that the elements received by the office are • A number of procedures before patent of-
intended to be an application for a patent fices were simplified, which contributes to a
for an invention; second, indications that reduction in costs for applicants as well as
would allow the office to identify or to con- for offices. Examples of such procedures
tact the applicant (however, a Contracting are exceptions from mandatory represen-
Party is allowed to require indications on tation, the restriction on requiring evidence
both); third, a part which appears to be a on a systematic basis, the requirement that
description of the invention. No additional offices accept a single communication cov-
elements can be required for according ering more than one application or patent in
33
certain cases (e.g., a single power of attor- The PLT was concluded in 2000, and entered
ney) or the restriction on the requirement to into force in 2005.
submit a copy of an earlier application and
a translation thereof. The PLT (the full text of which is available at
• The PLT provides procedures for avoiding www.wipo.int/treaties) is open to States mem-
the unintentional loss of substantive rights bers of WIPO and/or States party to the Paris
resulting from failure to comply with for- Convention for the Protection of Industrial
mality requirements or time limits. These Property (1883) (see the relevant Summary
include the obligation that offices notify in this series). It is also open to certain inter-
the applicant or other concerned person, governmental organizations. Instruments of
extensions of time limits, continued pro- ratification or accession must be deposited
cessing, reinstatement of rights, and re- with the Director General of WIPO.
strictions on revocation/invalidation of a
patent for formal defects, where they were
not noticed by the office during the appli-
cation stage.
• The implementation of electronic filing is
facilitated, while ensuring the co-existence
of both paper and electronic communi-
cations. The PLT provides that Contract-
ing Parties were allowed to exclude pa-
per communications and to fully switch
to electronic communications as of June
2, 2005. However, even after that date,
they have to accept paper communications
for the purpose of obtaining a filing date
and for meeting a time limit. In this con-
nection, the Agreed Statement stipulates
that industrialized countries will continue
to furnish support to developing countries
and countries in transition in relation to the
introduction of electronic filing.
34
Summary of the Singapore Treaty

on the Law of Trademarks (2006)
The objective of the Singapore Treaty is to cre- three-dimensional marks, color, position and
ate a modern and dynamic international frame- movement marks, as well as non-visible marks
work for the harmonization of administrative such as sound, olfactory or taste and feel
trademark registration procedures. Building on marks. The Regulations Under the Singapore
the Trademark Law Treaty of 1994 (TLT), the Treaty on the Law of Trademarks provide for
Singapore Treaty has a wider scope of applica- the mode of representation of these marks in
tion and addresses more recent developments applications, which may include non-graphic
in the field of communication technologies. or photographic reproductions.
The Singapore Treaty is applicable to all types
of marks registrable under the law of a given The Singapore Treaty leaves Contracting
Contracting Party. Contracting Parties are Parties the freedom to choose the form and
free to choose the means of communication means of transmittal of communications and
with their offices (including communications whether to accept communications on paper,
in electronic form or by electronic means of in electronic form or in another form. This has
transmittal). Relief measures in respect of time consequences on formal requirements for
limits as well as provisions on the recording applications and requests, such as the signa-
of trademark licenses were introduced, and ture on communications with the office. The
an Assembly of the Contracting Parties es- Treaty maintains a very important provision
tablished. However, other provisions of the of the TLT, namely that the authentication,
Singapore Treaty (such as the requirements certification or attestation of any signature on
to provide for multiclass applications and paper communications cannot be required.
registrations and the use of the International However, Contracting Parties are free to de-
(“Nice”) Classification) closely follow the TLT. termine whether and how they wish to imple-
The two treaties are separate, and may be ment a system of authentication of electronic
ratified or adhered to independently. communications.
Unlike the TLT, the Singapore Treaty applies The Treaty provides for relief measures when
generally to all marks that can be registered an applicant or holder has missed a time limit
under the law of a Contracting Party. Most sig- in an action for a procedure before an office.
nificantly, it is the first international instrument Contracting Parties must make available, at
dealing with trademark law to explicitly recog- their choice, at least one of the following relief
nize non-traditional marks. The Treaty is appli- measures: extension of the time limit; contin-
cable to all types of marks, including non-tra- ued processing; and reinstatement of rights in
ditional visible marks, such as holograms, so far as the failure to meet the time limit was
35
unintentional or occurred in spite of due care nical assistance by Contracting Parties. The
required by the circumstances. Assembly monitors and evaluates, at every or-
dinary session, the progress of the assistance
The Singapore Treaty includes provisions on granted. Any dispute arising in relation to the
the recording of trademark licenses, and es- interpretation or application of the Treaty is to
tablishes maximum requirements for requests be settled amicably through consultation and
for recordal, amendment or cancellation of the mediation under the auspices of the Director
recordal of a license. General of WIPO.
The creation of an Assembly of the Contracting The Singapore Treaty was concluded in 2006
Parties introduced a degree of flexibility in de- and entered into force in 2009.
fining the details of administrative procedures
to be implemented by national trademark of- The Treaty (the full text of which is available at
fices, where it is anticipated that future devel- www.wipo.int/treaties) is open to States mem-
opments in trademark registration procedures bers of WIPO and to certain intergovernmental
and practices will warrant amendments to organizations. Instruments of ratification or
those details. The Assembly is endowed with accession must be deposited with the Director
powers to modify the Regulations and the General of WIPO.
Model International Forms, where necessary,
and can also address – at a preliminary level
– questions relating to the future development
of the Treaty.
Furthermore, the Diplomatic Conference ad-

opted a Resolution Supplementary to the Sin-
gapore Treaty on the Law of Trademarks and
the Regulations Thereunder, with a view to
declaring an understanding by the Contracting
Parties on several areas covered by the Trea-
ty, namely: that the Treaty does not impose
any obligations on Contracting Parties to (i)
register new types of marks, or (ii) implement
electronic filing systems or other automation
systems. The Resolution also contains special
provisions to provide developing and least de-
veloped countries with additional technical as-
sistance and technological support to enable
them to take full advantage of the provisions
of the Treaty. It was recognized that LDCs shall
be the primary and main beneficiaries of tech-
36
PART III:
Copyright and Related
Rights Treaties
37
Summary of the Berne Convention

for the Protection of Literary
and Artistic Works (1886)
The Berne Convention deals with the protec- 3. Protection is independent of the existence
tion of works and the rights of their authors. of protection in the country of origin of
It is based on three basic principles and the work (principle of “independence” of
contains a series of provisions determining the protection). If, however, a Contracting State
minimum protection to be granted, as well provides for a longer term of protection
as special provisions available to developing than the minimum prescribed by the Con-
countries that want to make use of them. vention and the work ceases to be protect-
ed in the country of origin, protection may
The three basic principles are the following: be denied once protection in the country
1. Works originating in one of the Contracting of origin ceases. 5
States (that is, works the author of which
is a national of such a State or works first The minimum standards of protection relate
published in such a State) must be given to the works and rights to be protected, and to
the same protection in each of the other the duration of protection:
Contracting States as the latter grants to 1. As to works, protection must include “every
the works of its own nationals (principle of production in the literary, scientific and artis-
“national treatment”). 3 tic domain, whatever the mode or form of its
2. Protection must not be conditional upon expression” (Article 2(1) of the Convention).
compliance with any formality (principle of 2. Subject to certain allowed reservations,
“automatic” protection). 4 limitations or exceptions, the following are
among the rights that must be recognized
3. Under the Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS Agreement), as exclusive rights of authorization:
the principles of national treatment, automatic • the right to translate,
protection and independence of protection also bind
• the right to make adaptations and
those World Trade Organization (WTO) Members
not party to the Berne Convention. In addition, arrangements of the work,
the TRIPS Agreement imposes an obligation of • the right to perform in public dramatic,
“most-favored-nation treatment”, under which
dramatico-musical and musical works,
advantages accorded by a WTO Member to the
nationals of any other country must also be accorded • the right to recite literary works in public,
to the nationals of all WTO Members. It is to be • the right to communicate to the public
noted that the possibility of delayed application of
the performance of such works,
the TRIPS Agreement does not apply to national
treatment and most-favored obligations.
4. Idem 5. Idem
38
• the right to broadcast (with the possibil- 3. As to the duration of protection, the gen-
ity that a Contracting State may provide eral rule is that protection must be granted
for a mere right to equitable remunera- until the expiration of the 50th year after the
tion instead of a right of authorization), author’s death. There are, however, ex-
• the right to make reproductions in ceptions to this general rule. In the case of
any manner or form (with the possibility anonymous or pseudonymous works, the
that a Contracting State may permit, term of protection expires 50 years after the
in certain special cases, reproduction work has been lawfully made available to
without authorization, provided that the the public, except if the pseudonym leaves
reproduction does not conflict with the no doubt as to the author’s identity or if the
normal exploitation of the work and does author discloses his or her identity during
not unreasonably prejudice the legit- that period; in the latter case, the general
imate interests of the author; and the rule applies. In the case of audiovisual (cin-
possibility that a Contracting State may ematographic) works, the minimum term
provide, in the case of sound recordings of protection is 50 years after the making
of musical works, for a right to equitable available of the work to the public (“re-
remuneration), lease”) or – failing such an event – from the
• the right to use the work as a basis for creation of the work. In the case of works
an audiovisual work, and the right to of applied art and photographic works, the
reproduce, distribute, perform in public minimum term is 25 years from the creation
or communicate to the public that au- of the work. 7
diovisual work. 6

The Convention also provides for “moral
rights”, that is, the right to claim authorship
of the work and the right to object to any mu-
tilation, 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.
7 Under the TRIPS Agreement, any term of protection

that is calculated on a basis other than the life of
a natural person must be at least 50 years from
6 Under the TRIPS Agreement, an exclusive the first authorized publication of the work, or –
right of rental must be recognized in failing such an event – 50 years from the making
respect of computer programs and, under of the work. However, this rule does not apply to
certain conditions, audiovisual works. photographic works, or to works of applied art.
39
The Berne Convention allows certain limita- The Berne Convention, concluded in 1886,
tions and exceptions on economic rights, that was revised at Paris in 1896 and at Berlin in
is, cases in which protected works may be 1908, completed at Berne in 1914, revised at
used without the authorization of the owner of Rome in 1928, at Brussels in 1948, at Stock-
the copyright, and without payment of com- holm in 1967 and at Paris in 1971, and was
pensation. These limitations are commonly amended in 1979.
referred to as “free uses” of protected works,
and are set forth in Articles 9(2) (reproduction The Convention (the full text of which is available
in certain special cases), 10 (quotations and at www.wipo.int/treaties) is open to all States.
use of works by way of illustration for teaching Instruments of ratification or accession must be
purposes), 10bis (reproduction of newspa- deposited with the Director General of WIPO. 8
per or similar articles and use of works for
the purpose of reporting current events) and
11bis(3) (ephemeral recordings for broadcast-
ing purposes).
The Appendix to the Paris Act of the Conven-

tion also permits developing countries to im-
plement non-voluntary licenses for translation
and reproduction of works in certain cases,
in connection with educational activities. In
these cases, the described use is allowed
without the authorization of the right holder,
subject to the payment of remuneration to be
fixed by the law.
The Berne Union has an Assembly and an

Executive Committee. Every country that is a
member of the Union and has adhered to at
least the administrative and final provisions of
the Stockholm Act is a member of the Assem-
bly. The members of the Executive Committee
are elected from among the members of the
Union, except for Switzerland, which is a mem-
ber ex officio. The establishment of the biennial
program and budget of the WIPO Secretariat 8 It is to be noted that WTO Members, even those
– as far as the Berne Union is concerned – is not party to the Berne Convention, must comply
with the substantive law provisions of the Berne
the task of its Assembly.
Convention, except that WTO Members not
party to the Convention are not bound by the
moral rights provisions of the Convention.
40
Summary of the Rome Convention

for the Protection of Performers,
Producers of Phonograms and
Broadcasting Organisations (1961)
The Rome Convention secures protection in 2. Producers of phonograms have the right
performances for performers, in phonograms to authorize or prohibit the direct or indirect
for producers of phonograms and in broad- reproduction of their phonograms. In the
casts for broadcasting organizations. Rome Convention, “phonograms” means
any exclusively aural fixation of sounds of
1. Performers (actors, singers, musicians, a performance or of other sounds. Where
dancers and those who perform literary or a phonogram published for commercial
artistic works) are protected against certain purposes gives rise to secondary uses
acts to which they have not consented, (such as broadcasting or communication
such as the broadcasting and communi- to the public in any form), a single equitable
cation to the public of a live performance; remuneration must be paid by the user to
the fixation of the live performance; the the performers, to the producers of the
reproduction of the fixation if the original phonograms, or to both. Contracting States
fixation was made without the performer’s are free, however, not to apply this rule or
consent or if the reproduction was made to limit its application.
for purposes different from those for which
consent was given. 3. Broadcasting organizations have the
right to authorize or prohibit certain acts,
namely the rebroadcasting of their broad-
casts; the fixation of their broadcasts; the
reproduction of such fixations; the com-
munication to the public of their television
broadcasts if such communication is made
in places accessible to the public against
payment of an entrance fee.
41
The Rome Convention allows for limitations The Convention does not provide for the insti-
and exceptions to the above-mentioned rights tution of a Union or budget. It establishes an
in national laws as regards private use, use Intergovernmental Committee composed of
of short excerpts in connection with report- Contracting States that considers questions
ing current events, ephemeral fixation by a concerning the Convention.9
broadcasting organization by means of its
own facilities and for its own broadcasts, use This Convention (the full text of which is avail-
solely for the purpose of teaching or scientific able at www.wipo.int/treaties) is open to States
research and in any other cases where national party to the Berne Convention for the Protec-
law provides exceptions to copyright in literary tion of Literary and Artistic Works (1886) (see
and artistic works. Furthermore, once a per- the relevant Summary in this series) or to the
former has consented to the incorporation of a Universal Copyright Convention. Instruments
performance in a visual or audiovisual fixation, of ratification or accession must be deposit-
the provisions on performers’ rights have no ed with the Secretary-General of the United
further application. Nations. States may make reservations with
regard to the application of certain provisions.
As to duration, protection must last at least
until the end of a 20-year period computed
from the end of the year in which (i) the fixation
was made, for phonograms and for perfor-
mances incorporated therein; (ii) the perfor-
mance took place, for performances not in-
corporated in phonograms; (iii) the broadcast
took place. However, national laws increas-
ingly provide for a 50-year term of protection,
at least for phonograms and performances.
WIPO is responsible, jointly with the Interna-

tional Labour Organization (ILO) and the United
Nations Educational, Scientific and Cultural
Organization (UNESCO), for the administra-
tion of the Rome Convention. These three
organizations constitute the Secretariat of the
Intergovernmental Committee set up under the
Convention consisting of the representatives
9 The TRIPS Agreement also contains provisions on
of 12 Contracting States. the protection of related rights. These provisions are
different, in several respects, from those contained in
the Rome Convention and in the Geneva Convention
for the Protection of Producers of Phonograms Against
Unauthorized Duplication of Their Phonograms
(1971) (see the relevant Summary in this series).
42
Summary of the Geneva

of Producers of Phonograms
Against Unauthorized Duplication
of their Phonograms (1971)
The Phonograms or Geneva Convention pro- WIPO is responsible, jointly with the ILO and
vides for the obligation of each Contracting UNESCO, for the administration of this Con-
State to protect a producer of phonograms vention.
who is a national of another Contracting State
against the making of duplicates without The Convention does not provide for the insti-
that producer’s consent; against the importa- tution of a Union, governing body or budget.
tion of such duplicates, where the making or
importation is for the purpose of distribution The Convention (the full text of which is avail-
to the public; and against the distribution of able at www.wipo.int/treaties) is open to any
such duplicates to the public. “Phonogram” State member of the United Nations or of any
means an exclusively aural fixation (that is, it of the agencies belonging to the United Na-
does not comprise, for example, the sound tions system of organizations. Instruments of
tracks of films or videocassettes), whatever its ratification, acceptance or accession must be
form (disc, tape, etc.). Protection may be pro- deposited with the Secretary-General of the
vided under copyright law, sui generis (related United Nations.
rights) law, unfair competition law or penal
law. Protection must last for at least 20 years
from the date of first fixation or the first pub-
lication of the phonogram. (However, national
laws increasingly provide for a 50-year term of
protection.) The Convention permits the same
limitations as those provided in relation to the
protection of authors. It allows non-voluntary
licenses if reproduction is intended exclusively
for teaching or scientific research, limited to
the territory of the State whose authorities give
the license, and if equitable remuneration is
provided (Article 6).
43
Summary of the Brussels

Convention Relating to the
Distribution of Programme-
Carrying Signals Transmitted
by Satellite (1974)
The Brussels or Satellites Convention provides The provisions of this Convention are not appli-
for the obligation of each Contracting State to cable, however, where the distribution of signals
take adequate measures to prevent the unau- is made from a direct broadcasting satellite.
thorized distribution on or from its territory of
any programme-carrying signal transmitted by The Convention (the full text of which is avail-
satellite. A distribution is considered unautho- able at www.wipo.int/treaties) does not pro-
rized if it has not been authorized by the orga- vide for the institution of a Union, governing
nization – typically a broadcasting organization body or budget.
– that decided on the programme’s content.
The obligation exists in respect of organiza- It is open to any State member of the United
tions that are nationals of a Contracting State. Nations or of any of the agencies belonging to
the United Nations system of organizations.
The Convention permits certain limitations on
protection. The distribution of programme- Instruments of ratification, acceptance or ac-
carrying signals by non-authorized persons is cession must be deposited with the Secre-
permitted if the signals carry short excerpts tary-General of the United Nations.
containing reports of current events or, as
quotations, short excerpts of the programme
carried by the emitted signals or, in the case
of developing countries, if the programme
carried by the emitted signals is distributed
solely for the purposes of teaching, including
adult teaching or scientific research. The Con-
vention does not establish a term of protection,
leaving the matter to domestic legislation.
44
Summary of the WIPO Copyright

Treaty (WCT) (1996)
The WIPO Copyright Treaty (WCT) is a spe- • The right of distribution is the right to
cial agreement under the Berne Convention authorize the making available to the public
that deals with the protection of works and of the original and copies of a work through
the rights of their authors in the digital envi- sale or other transfer of ownership.
ronment. Any Contracting Party (even if it is • The right of rental is the right to autho-
not bound by the Berne Convention) must rize commercial rental to the public of the
comply with the substantive provisions of the original and copies of three kinds of works:
1971 (Paris) Act of the Berne Convention for (i) computer programs (except where the
the Protection of Literary and Artistic Works computer program itself is not the essential
(1886) (see the relevant Summary in this se- object of the rental); (ii) cinematographic
ries). Furthermore, the WCT mentions two works (but only in cases where commercial
subject matters to be protected by copyright: rental has led to widespread copying of
(i) computer programs, whatever the mode or such works, materially impairing the exclu-
form of their expression; and (ii) compilations sive right of reproduction); and (iii) works
of data or other material (“databases”), in any embodied in phonograms as determined
form, which, by reason of the selection or in the national law of Contracting Parties
arrangement of their contents, constitute in- (except for countries which, since April 15,
tellectual creations. (Where a database does 1994, have had a system in force for equi-
not constitute such a creation, it is outside the table remuneration of such rental).
scope of this Treaty.) • The right of communication to the public
is the right to authorize any communication
As to the rights granted to authors, apart from to the public, by wire or wireless means, in-
the rights recognized by the Berne Convention, cluding “the making available to the public
the Treaty also grants: (i) the right of distribu- of works in a way that the members of the
tion; (ii) the right of rental; and (iii) a broader public may access the work from a place
right of communication to the public. and at a time individually chosen by them”.
The quoted expression covers, in particu-
lar, on-demand, interactive communication
through the Internet.
45
As to limitations and exceptions, Article The Treaty obliges each Contracting Party to
10 of the WCT incorporates the so-called adopt, in accordance with its legal system, the
“three-step” test to determine limitations and measures necessary to ensure the application
exceptions, as provided for in Article 9(2) of of the Treaty. In particular, each Contracting
the Berne Convention, extending its appli- Party must ensure that enforcement proce-
cation to all rights. The Agreed Statement dures are available under its law so as to per-
accompanying the WCT provides that such mit effective action against any act of infringe-
limitations and exceptions, as established ment of rights covered by the Treaty. Such
in national law in compliance with the Berne action must include expeditious remedies to
Convention, may be extended to the digital prevent infringement as well as remedies that
environment. Contracting States may devise constitute a deterrent to further infringement.
new exceptions and limitations appropriate
to the digital environment. The extension of The Treaty establishes an Assembly of the
existing or the creation of new limitations and Contracting Parties whose main task is to
exceptions is allowed if the conditions of the address matters concerning the maintenance
“three-step” test are met. and development of the Treaty. It entrusts to
the Secretariat of WIPO the administrative
As to duration, the term of protection must be tasks concerning the Treaty.
at least 50 years for any kind of work.
The Treaty was concluded in 1996 and entered
The enjoyment and exercise of the rights pro- into force in 2002.
vided for in the Treaty cannot be subject to
any formality. The Treaty (the full text of which is available at
www.wipo.int/treaties) is open to States mem-
The Treaty obliges Contracting Parties to pro- bers of WIPO and to the European Community.
vide legal remedies against the circumvention The Assembly constituted by the Treaty may
of technological measures (e.g., encryption) decide to admit other intergovernmental or-
used by authors in connection with the exer- ganizations to become party to the Treaty. In-
cise of their rights, and against the removal or struments of ratification or accession must be
altering of information, such as certain data deposited with the Director General of WIPO.
that identify works or their authors, necessary
for the management (e.g., licensing, collecting
and distribution of royalties) of their rights
(“rights management information”).
46
Summary of the WIPO

Performances and Phonograms
Treaty (WPPT) (1996)
The WIPO Performances and Phonograms • The right of rental is the right to authorize
Treaty (WPPT) deals with the rights of two the commercial rental to the public of the
kinds of beneficiaries, particularly in the digital original and copies of the phonogram, as de-
environment: (i) performers (actors, singers, termined in the national law of the Contract-
musicians, etc.); and (ii) producers of phono- ing Parties (except for countries that, since
grams (persons or legal entities that take the April 15, 1994, have had a system in force
initiative and have the responsibility for the for equitable remuneration of such rental).
fixation of sounds). These rights are addressed • The right of making available is the right to
in the same instrument, because most of the authorize the making available to the public,
rights granted by the Treaty to performers are by wire or wireless means, of any perfor-
rights connected to their fixed, purely aural mance fixed in a phonogram, in such a way
performances (which are the subject matter that members of the public may access the
of phonograms). fixed performance from a place and at a
time individually chosen by them. This right
As far as performers are concerned, the Trea- covers, in particular, on-demand, interac-
ty grants performers economic rights in their tive making available through the Internet.
performances fixed in phonograms (not in
audiovisual fixations, such as motion pictures): As to unfixed (live) performances, the Treaty
(i) the right of reproduction; (ii) the right of grants performers: (i) the right of broadcasting
distribution; (iii) the right of rental; and (iv) the (except in the case of rebroadcasting); (ii) the
right of making available. right of communication to the public (except
where the performance is a broadcast perfor-
• The right of reproduction is the right to mance); and (iii) the right of fixation.
authorize direct or indirect reproduction
of the phonogram in any manner or form. The Treaty also grants performers moral rights,
• The right of distribution is the right to that is, the right to claim to be identified as the
authorize the making available to the public performer and the right to object to any distor-
of the original and copies of the phonogram tion, mutilation or other modification that would
through sale or other transfer of ownership. be prejudicial to the performer’s reputation.
47
As far as producers of phonograms are con- The Treaty provides that performers and pro-
cerned, the Treaty grants them economic ducers of phonograms have the right to a
rights in their phonograms: (i) the right of repro- single equitable remuneration for the direct
duction; (ii) the right of distribution; (iii) the right or indirect use of phonograms, published
of rental; and (iv) the right of making available. for commercial purposes, broadcasting or
communication to the public. However, any
• The right of reproduction is the right to Contracting Party may restrict or – provided
authorize direct or indirect reproduction that it makes a reservation to the Treaty – deny
of the phonogram in any manner or form. this right. In the case and to the extent of a
• The right of distribution is the right to reservation by a Contracting Party, the other
authorize the making available to the public Contracting Parties are permitted to deny, vis-
of the original and copies of the phonogram à-vis the reserving Contracting Party, national
through sale or other transfer of ownership. treatment (“reciprocity”).
• The right of rental is the right to authorize
the commercial rental to the public of the As to limitations and exceptions, Article
original and copies of the phonogram, as 16 of the WPPT incorporates the so-called
determined in the national law of the Con- “three-step” test to determine limitations and
tracting Parties (except for countries that, exceptions, as provided for in Article 9(2) of
since April 15, 1994, have a system in force the Berne Convention, extending its applica-
for equitable remuneration of such rental). tion to all rights. The accompanying Agreed
• The right of making available is the right Statement provides that such limitations and
to authorize making available to the public, exceptions, as established in national law in
by wire or wireless means, a phonogram in compliance with the Berne Convention, may
such a way that members of the public may be extended to the digital environment. Con-
access the phonogram from a place and at a tracting States may devise new exceptions and
time individually chosen by them. This right limitations appropriate to the digital environ-
covers, in particular, on-demand, interac- ment. The extension of existing or the creation
tive making available through the Internet. of new limitations and exceptions is allowed if
the conditions of the “three-step” test are met.
The term of protection must be at least 50 years.
The enjoyment and exercise of the rights pro-

vided for in the Treaty cannot be subject to
any formality.
48
The Treaty obliges Contracting Parties to The Treaty (the full text of which is available at
provide for legal remedies against the cir- www.wipo.int/treaties) is open to States mem-
cumvention of technological measures (e.g., bers of WIPO and to the European Community.
encryption) used by performers or phonogram The Assembly constituted by the Treaty may
producers in connection with the exercise of decide to admit other intergovernmental or-
their rights, and against the removal or alter- ganizations to become party to the Treaty. In-
ing of information – such as the indication struments of ratification or accession must be
of certain data that identify the performer, deposited with the Director General of WIPO.
performance, producer of the phonogram and
the phonogram itself – necessary for the man-
agement (e.g., licensing, collecting and distri-
bution of royalties) of the said rights (“rights
management information”).
The Treaty obliges each Contracting Party to

adopt, in accordance with its legal system, the
measures necessary to ensure the application
of the Treaty. In particular, each Contracting
Party must ensure that enforcement proce-
dures are available under its law so as to per-
mit effective action against any act of infringe-
ment of rights covered by the Treaty. Such
action must include expeditious remedies to
prevent infringement as well as remedies that
constitute a deterrent to further infringement.
The Treaty establishes an Assembly of the

Contracting Parties whose main task is to
address matters concerning the maintenance
and development of the Treaty. It entrusts to
the Secretariat of WIPO the administrative
tasks concerning the Treaty.
The Treaty was concluded in 1996 and entered

into force in 2002.
49
Summary of the Beijing Treaty

on Audiovisual Performances (2012)
The Beijing Treaty on Audiovisual Performanc- • The right of making available is the right
es was adopted by the Diplomatic Conference to authorize the making available to the
on the Protection of Audiovisual Performanc- public, by wire or wireless means, of any
es, which took place in Beijing from June 20 to performance fixed in an audiovisual fixa-
26, 2012. The Treaty deals with the intellectual tion, in such a way that members of the
property rights of performers in audiovisual public may access the fixed performance
performances. from a place and at a time individually cho-
sen by them. This right covers, in particular,
It grants performers four kinds of economic on-demand, interactive making available
rights for their performances fixed in audiovi- through the Internet.
sual fixations, such as motion pictures: (i) the
right of reproduction; (ii) the right of distribu- As to unfixed (live) performances, the Treaty
tion; (iii) the right of rental; and (iv) the right of grants performers three kinds of economic
making available. rights: (i) the right of broadcasting (except in
the case of rebroadcasting); (ii) the right of
• The right of reproduction is the right to communication to the public (except where
authorize director or indirect reproduction the performance is a broadcast performance);
of the performance fixed in an audiovisual and (iii) the right of fixation.
fixation in any manner or form.
• The right of distribution is the right to au- The Treaty also grants performers moral
thorize the making available to the public of rights, that is, the right to claim to be identi-
the original and copies of the performance fied as the performer (except where such an
fixed in an audiovisual fixation through sale omission would be dictated by the manner of
or other transfer of ownership. the use of the performance); and the right to
• The right of rental is the right to authorize object to any distortion, mutilation or other
the commercial rental to the public of the modification that would be prejudicial to the
original and copies of the performance performer’s reputation, taking into account the
fixed in an audiovisual fixation. nature of the audiovisual fixations.
50
The Treaty provides that performers shall As to limitations and exceptions, Article 13
enjoy the right to authorize the broadcast- of the Beijing Treaty incorporates the so-called
ing and communication to the public of their “three-step” test to determine limitations and
performances fixed in audiovisual fixations. exceptions, as provided for in Article 9(2) of the
However, Contracting Parties may notify that Berne Convention, extending its application to
instead of the right of authorization, they will all rights. The accompanying Agreed State-
establish a right to equitable remuneration ment provides that the Agreed Statement of
for the direct or indirect use of performanc- Article 10 of the WCT applies similarly to the
es fixed in audiovisual fixations for broad- Beijing Treaty, that is, that such limitations and
casting or communication to the public. Any exceptions as established in national law in
Contracting Party may restrict or – provid- compliance with the Berne Convention may
ed that it makes a reservation to the Treaty be extended to the digital environment. Con-
– deny this right. In the case and to the ex- tracting States may devise new exceptions and
tent of a reservation by a Contracting Party, limitations appropriate to the digital environ-
the other Contracting Parties are permitted ment. The extension of existing or the creation
to deny, vis-à-vis the reserving Contract- of new limitations and exceptions is allowed if
ing Party, national treatment (“reciprocity”). the conditions of the “three-step” test are met.
As to the transfer of rights, the Treaty pro- The term of protection must be at least 50 years.
vides that Contracting Parties may stipulate
in their national laws that once a performer The enjoyment and exercise of the rights pro-
has consented to the audiovisual fixation of a vided for in the Treaty cannot be subject to
performance, the exclusive rights mentioned any formality.
above are transferred to the producer of the
audiovisual fixation (unless a contract between The Treaty obliges Contracting Parties to
the performer and producer states otherwise). provide for legal remedies against the cir-
Independent of such a transfer of rights, na- cumvention of technological measures (e.g.,
tional laws or individual, collective or other encryption) used by performers in connection
agreements may provide the performer with with the exercise of their rights, and against the
the right to receive royalties or equitable re- removal or altering of information – such as
muneration for any use of the performance, the indication of certain data that identify the
as provided for under the Treaty. performer, performance and the audiovisual
fixation itself – necessary for the management
(e.g., licensing, collecting and distribution of
royalties) of the said rights (“rights manage-
ment information”).
51
An Agreed Statement related to the interplay The Treaty obliges each Contracting Party to
between technological measures and limita- adopt, in accordance with its legal system, the
tions and exceptions clarifies that nothing measures necessary to ensure the application
prevents a Contracting Party from adopting of the Treaty. In particular, each Contracting
effective and necessary measures to ensure Party must ensure that enforcement proce-
that a beneficiary may enjoy limitations and ex- dures are available under its law so as to per-
ceptions where technological measures have mit effective action against any act of infringe-
been applied to an audiovisual performance ment of rights covered by the Treaty. Such
and the beneficiary has legal access to that action must include expeditious remedies to
performance. The above effective and nec- prevent infringement as well as remedies that
essary measures may be needed only where constitute a deterrent to further infringement.
appropriate and effective measures have not
been taken by rights holders in relation to that The Treaty establishes an Assembly of the
performance to enable the beneficiary to enjoy Contracting Parties whose main task is to
the limitations and exceptions under that Con- address matters concerning the maintenance
tracting Party’s national law. Without prejudice and development of the Treaty. It entrusts to
to the legal protection of an audiovisual work the Secretariat of WIPO the administrative
in which a performance is fixed, the obliga- tasks concerning the Treaty.
tions concerning technological measures of
protection are not applicable to performances The Beijing Treaty (the full text of which is avail-
unprotected or no longer protected under the able at www.wipo.int/treaties) will enter into
national law giving effect to the Treaty. force three months after 30 eligible parties have
deposited their instruments of ratification or
Contracting Parties shall accord protection accession. The Treaty is open to States mem-
under this Treaty to fixed performances that bers of WIPO and to the European Community.
exist at the time of entry into force of the The Assembly constituted by the Treaty may
Treaty and to all performances made after its decide to admit other intergovernmental or-
entry into force for each Contracting Party. ganizations to become party to the Treaty. In-
However, a Contracting Party may declare struments of ratification or accession must be
that it will not apply the provisions concerning deposited with the Director General of WIPO.
some or all of the exclusive rights of repro-
duction, distribution, rental, making available
of fixed performances, and broadcasting and
communication to the public in respect of
performances that existed at the time of the
entry into force of this Treaty in each Con-
tracting Party. Other Contracting Parties may
then reciprocally limit the application of these
rights in relation to that Contracting Party.
52
Summary of the Marrakesh Treaty

to Facilitate Access to Published
Works for Persons Who Are Blind,
Visually Impaired, or Otherwise
Print Disabled (MVT) (2013)
The Marrakesh Treaty to Facilitate Access to Only works “in the form of text, notation and/or
Published Works for Persons Who Are Blind, related illustrations, whether published or oth-
Visually Impaired, or Otherwise Print Disabled erwise made publicly available in any media”,
(MVT) is the latest addition to the body of in- including audio books, fall within the scope of
ternational copyright treaties administered by the MVT regime.
WIPO. It has a clear humanitarian and social
development dimension and its main goal Another important element is the role played
is to create a set of mandatory limitations by authorized entities, which are the organi-
and exceptions for the benefit of the blind, zations in charge of performing the cross-bor-
visually impaired and otherwise print dis- der exchange. The rather broad definition of
abled (VIPs). the term encompasses many non-profit and
government entities. They are either specifical-
It requires Contracting Parties to introduce a ly authorized or “recognized“ by the govern-
standard set of limitations and exceptions to ment as entities that provide many functions
copyright rules in order to permit reproduction, including education and information access
distribution and making available of published to beneficiary persons. Authorized entities
works in formats designed to be accessible to have the duty to establish and follow their own
VIPs, and to permit exchange of these works practices in several areas, including establish-
across borders by organizations that serve ing that the persons they serve are beneficia-
those beneficiaries. ry persons, providing services only to those
persons, discouraging unauthorized uses of
The Treaty clarifies that beneficiary persons copies, and maintaining “due care” in handling
are those affected by a range of disabilities copies of works.
that interfere with the effective reading of
printed material. The broad definition includes The MVT has a clear structure and provides
persons who are blind, visually impaired, or for specific rules regarding both domestic and
reading disabled or persons with a physical cross-border limitations and exceptions.
disability that prevents them from holding and
manipulating a book.
53
First, it requires Contracting Parties to have authorized entity must not know or have rea-
a limitation or exception to domestic copy- sonable grounds to know that the accessible
right law for VIPs. The rights subject to such format copy would be used by others.
limitation or exception are the right of repro-
duction, the right of distribution, and the right The MVT leaves Contracting Parties the free-
of making available to the public. Authorized dom to implement its provisions taking into
entities may, on a non-profit basis, make ac- account their own legal systems and practices,
cessible format copies, which can be dis- including determinations on “fair practices,
tributed by non-commercial lending or by dealings or uses”, provided they comply with
electronic communication; the conditions for their three-step test obligations under other
this activity include having lawful access to treaties. The three-step test is a basic prin-
the work, introducing only those changes ciple used to determine whether or not an
needed to make the work accessible, and exception or limitation is permissible under the
supplying the copies only for use by benefi- international norms on copyright and related
ciary persons. VIPs may also make a personal rights. It includes three elements; any excep-
use copy where they have lawful access to an tion or limitation: (i) shall cover only certain
accessible format copy of a work. At the do- special cases; (ii) shall not conflict with the
mestic level countries can confine limitations normal exploitation of the work; and (iii) shall
or exceptions to those works that cannot be not unreasonably prejudice the legitimate in-
“obtained commercially under reasonable terests of the rightholder.
terms for beneficiary persons in that market.”
Use of this possibility requires notification to There is no requirement to be a member of any
the WIPO Director General. other international copyright treaty to join the
MVT; membership is open to Member States
Second, the MVT requires Contracting Parties of WIPO and to the European Community.
to allow the import and export of accessi- However, Contracting Parties that receive
ble format copies under certain conditions. accessible format copies and do not have
Regarding importation, when an accessible obligations to comply with the three-step test
format copy can be made pursuant to nation- under Article 9 of the Berne Convention must
al law, a copy may also be imported without ensure that accessible format copies are not
rightholder authorization. With reference to redistributed outside their jurisdictions. Also
exportation, accessible format copies made cross-border transfer by authorized entities
under a limitation or exception or other law is not permitted unless the Contracting Party
can be distributed or made available by an in which the copy is made is a party to the
authorized entity to a beneficiary person or WIPO Copyright Treaty or otherwise applies
authorized entity in another Contracting Party. the three-step test to limitations and excep-
This specific limitation or exception requires tions implementing the MVT.
the exclusive use of the works by beneficiary
persons, and the MVT also clarifies that, prior
to such distribution or making available, the
54
The MVT requires WIPO to establish an “infor-

mation access point” to allow voluntary shar-
ing of information facilitating the identification
of authorized entities. WIPO is also invited to
share information about the functioning of the
Treaty. In addition, Contracting Parties under-
take to assist their authorized entities engaged
in cross-border transfer arrangements.
The Treaty establishes an Assembly of the

Contracting Parties whose main task is to
address matters concerning the maintenance
and development of the Treaty. It also entrusts
to the Secretariat of WIPO the administrative
tasks concerning the Treaty.
The Treaty (the full text of which is available at

www.wipo.int/treaties) was adopted on June
27, 2013 in Marrakesh. Its entry into force re-
quires the deposit of 20 instruments of ratifi-
cation or accession by eligible parties.
55
For more information
contact WIPO at www.wipo.int
World Intellectual Property Organization

34, chemin des Colombettes
P.O. Box 18
CH-1211 Geneva 20
Switzerland
Tel: + 4122 338 91 11 WIPO Publication No. 442E/13

Fax: + 4122 733 54 28 ISBN 978-92-805-2383-6

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Summaries of Conventions, Treaties and Agreements Administered by WIPO

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Summaries of Conventions,

Treaties and Agreements

8 Summary of the Paris 21 Summary of the Locarno

30 Summary of the Nairobi 45 Summary of the WIPO

33 Summary of the Patent 50 Summary of the Beijing

38 Summary of the Berne

41 Summary of the Rome

43 Summary of the Geneva

44 Summary of the Brussels

Summary of the Convention

WIPO’s two main objectives are (i) to pro-

The headquarters of the Organization are in

The Organization benefits from the privileges

Summary of the Paris

a. Patents. Patents granted in different grant of a compulsory license would not

Summary of the Madrid Agreement

The International by an individual fee, whose amount is deter-

Statement of Grant of Effects of an International

international registration may be obtained by

Similar advantages exist for maintaining and

To facilitate the work of the users of the Madrid

The full texts of the Madrid Agreement and

The Madrid Agreement and Protocol are open

Summary of the Madrid

Summary of the Hague

The Hague Agreement allows applicants to International applications may include up to

not exceeding 30 months from the date of The 1934 Act

The 1999 Act of the Agreement (the full text

Summary of the Nice Agreement

Summary of the Lisbon

Summary of the Locarno

Summary of the Patent

The Treaty regulates in detail the formal re-

3. on the basis of the international search re- Ultimately, the PCT:

Details concerning the PCT can be obtained by

The PCT (the full text of which is available

It is open to States party to the Paris Convention

Summary of the Strasbourg

Summary of the Vienna Agreement

Summary of the Budapest

The Treaty makes the patent system of the

The Treaty does not provide for the institution

The Budapest Treaty (the full text of which is

Summary of the Nairobi

An important effect of the Treaty is that, if

The Treaty does not provide for the institution

The Treaty (the full text of which is available

Summary of the Trademark

The TLT also contains Model International

Most notably, the TLT does not allow a re-

The TLT (the full text of which is available at

Summary of the Patent

Summary of the Singapore Treaty

Furthermore, the Diplomatic Conference ad-

Summary of the Berne Convention

7 Under the TRIPS Agreement, any term of protection

The Appendix to the Paris Act of the Conven-

The Berne Union has an Assembly and an

Summary of the Rome Convention