International Protection of Intellectual Property

International treaties and protection systems 

The international system for the protection of intellectual property is based on a number of universal and regional agreements developed within the framework of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). These treaties provide uniform approaches to protection, simplify registration in several countries and establish minimum standards of legal protection. 

Paris Convention

The Paris Convention for the Protection of Industrial Property is recognized as a fundamental document in the field of patent, commodity and other industrial law. It enshrines the principle of priority: if an application is filed in one country that is a party to the Convention, the applicant can file a similar application in other countries with the preservation of the priority date. 

Berne Convention

The Berne Convention regulates the protection of copyright. Unlike industrial property, copyright objects are protected without mandatory registration. However, for the international protection of rights to works of literature, art, design, and audiovisual content, it remains important to confirm authorship and the moment of creation — through depositories, contracts and notarial forms of fixation. 

Madrid System

The Madrid System allows you to register a trademark simultaneously in several member countries of the system, on the basis of one international application. Registration is carried out through the national office and then transmitted to WIPO. 

Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty (PCT) provides an opportunity to file one international patent application valid in more than 150 countries. This does not give automatic registration, but it allows you to postpone registration and select the countries of patenting at a later date, after the international search and preliminary examination. 

TRIPS Agreement

The TRIPS Agreement is part of the WTO legal framework and enshrines the obligations of countries to comply with international standards in the field of intellectual property. It provides for the unification of protection and makes it possible to challenge violations of rights within the framework of the WTO mechanisms. 

In addition, there are regional systems: the Eurasian Patent Organization (EAPO), the Office for Harmonization in the Internal Market of the EU (EUIPO), the African Intellectual Property Organization (OAPI) and others.

Methods and Procedures for International Registration 

To ensure the international protection of intellectual property objects, two main methods of registration are used: direct filing of an application in the selected country and circulation through international systems, Madrid or PCT. 

In the case of direct filing, the application is drawn up according to the rules of the national legislation of the country where the protection is planned. This means that documents must be translated, local formalities must be met, national fees must be paid and, as a rule, an accredited representative must be involved. This is preferable when protection is required only in 1-2 specific jurisdictions or in countries that are not parties to international systems. 

In the case of an international registration, mechanisms are used to simplify and harmonize the process. For trademarks, the Madrid System is used, which allows you to file one application through Rospatent for registration in several countries that are part of the system. The procedure is carried out through WIPO and requires a list of eligible countries. Each patent office conducts its own check, but the applicant does not need to file separate applications. 

The PCT system is used for inventions and technical solutions. A single international application is drawn up, within the framework of which an international patent search and (optionally) preliminary examination are carried out. The applicant then decides in which countries or regional organizations he will continue patenting and files national phases.  

The timing and cost of an international registration vary. International trademark registration through the Madrid System takes an average of 12-18 months, but in some countries it takes longer. Patenting through the PCT can take up to 30 to 31 months at the entire stage. All procedures are accompanied by the payment of fees, the amount of which depends on the number of countries, the type of object and the volume of the application.

Support of disputes and protection of rights abroad 

One of the most common violations is copying a trademark or the appearance of products with subsequent use on similar goods or in domain names. This behaviour is particularly common in fast-growing markets, where the registration of the mark may be carried out by a third party before the right holder enters the market. In such cases, both pre-trial settlement (sending a claim, demanding cancellation of registration) and filing a claim with a local court are possible. 

Patent disputes often arise in the production of goods that use technical solutions registered in other countries. The abuse of so-called "parasitic" patents, the registration of minor modifications, the blocking of supplies and the production of counterfeit goods are common practices. In these cases, both judicial and administrative mechanisms can be used. 

An additional tool of protection is the inclusion of intellectual property objects in customs registers (analogous to the Russian TROIS). This makes it possible to block the import or export of goods that violate rights directly at the border, without going to court. 

Protection abroad is impossible without cooperation with local lawyers and patent attorneys. They help to analyze local legislation, prepare documents, and represent interests in administrative and judicial bodies. To do this, you need to have a full package of registration certificates, evidence of the use of the object and data on the violation.