Intellectual property Law is limited to National territories. Especially Citizens of each country have to protect their intellectual property primarily in their own origin country and at the secondary stage have to protect at International level. Among the types of IP, Trademark and Patent is mainly protected based on Jurisdiction of each nation. Regarding Copyright and Geographical Indication once protected in India it gets international protection by way of treaties governed and maintained by WIPO (World Intellectual Property Organisation)
To protect one’s Trademark and Patent at the International level there are two gateways.
The First method is to protect in one’s origin country and then apply for protection individually in each designated country, where the business is carried out by way of filing directly to IP office of such country.
The second method is filing via WIPO, an organization handling single application method for filing all International Patent and Trademark application in various countries and thereby reducing the time and complicated process of each country via single window system.
International Trademark Registration
From last year India has become signatory to Madrid Agreement and Protocol, this will enable all the Indian citizens to file via WIPO for International Trademark protection
The process of the trademark application is same as followed in each country form trademark international search, filing the application, examination to journal publication and Registration. The application once registered has to be renewed for every 10 years before WIPO.
The cost incurred for filing single application before WIPO would include basic fee towards the organisation, for handling the application process and designated individual country fees where trademark has to be registered.
International Patent Registration
International Patent Registration is governed by a PCT (Patent Co-operative Treaty), which is controlled by WIPO.
The application for patent has to be filed in the origin country and then within a time period of 12 months it has to be applied before PCT for protection in the designated country where the applicant wants to register his invention.
The process of Patent application starts with patent search, filing the application, journal publication to examination and registration. The application for Patent once registered has to be renewed every period until the invention enters the public domain.
The cost incurred would include basic fee towards the WIPO organisation, for handling the application process and also the designated individual country fees where trademark has to be registered.