Intellectual property law protects inventions and creative works through patents, copyrights, and trademarks. International agreements, such as those established by WIPO and WTO, aim to protect intellectual property across borders. Multinational agreements, like the Agreement on Trade-Related Aspects of Intellectual Property Rights, establish specific laws for all signatory nations to follow.
Intellectual property law refers to legal rights attached to inventions of the mind or creative works, such as works of art, books, inventions or scientific discoveries. Intellectual property can be protected by obtaining patent, copyright, or trademark rights to the property. Although each country has its own domestic laws for the protection of intellectual property, with the globalization of the world economy, there is an ever greater need for international intellectual property law. Globally, international intellectual property law encompasses a wide range of agreements between countries around the world aimed at protecting intellectual property across international borders.
When an artist creates a work of art or a writer writes a book, they need a legal mechanism to ensure that other people are unable to copy the work and profit from it. Similarly, when an inventor designs something new or a scientist discovers a cure for a disease, he also needs a legal way to protect his work. Copyrights and patents achieve these goals. Trademarks are much broader in nature and refer to the legal rights to use a symbol, name or phrase. Many people around the world identify products with the manufacturer’s name or with a symbol associated with the designer, which makes brands valuable and, therefore, important to protect a brand.
Protecting intellectual property within a country’s borders can be relatively simple; however, protecting that same property from illegal copying or use outside its country of origin is much more complicated. Efforts to do just that are what gave rise to international intellectual property law. If an inventor knew that his invention could be copied freely outside his country of residence, most inventors would stop inventing. The same philosophy applies to all intellectual property.
The World Intellectual Property Organization (WIPO) is at the forefront of efforts to encourage and facilitate cooperation between nations in the field of international intellectual property law. WIPO, which operates under the auspices of the United Nations, not only works to protect intellectual property rights but is also charged with carrying out the legal transfer of technological developments to the third world and developing countries. In addition to WIPO, the World Trade Organization (WTO) and regional trade organizations and associations are all involved in efforts to harmonize international intellectual property law.
To legally protect intellectual property internationally, multinational agreements must be reached and agreed upon. The Agreement on Trade-Related Aspects of Intellectual Property Rights, the Patent Cooperation Treaty and the Hague Design Deposit Agreement are examples of international agreements that relate to the protection of intellectual property. Each of these agreements establishes specific laws that must be followed by all signatory nations regarding the use of intellectual property created by any of the member states.
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