1. Madrid Protocol

(Madrid Protocol Concerning the International Registration of Marks)

Introduction

• The Madrid Protocol is an international treaty for trademark protection that allows a trademark owner to obtain protection in multiple countries through a single application filed via the national trademark office.

Establishment & Administration

• Adopted: 1989
• In force: 1996
• Administered by WIPO
• India became a member in 2013

Objectives

• Simplify international trademark registration
• Reduce cost, time, and procedural complexity
• Enable centralized management, renewal, and modification of trademarks

Key Features

• One application, one language, one fee
• Filed through the Office of Origin
• International registration recorded by WIPO
• Protection depends on acceptance by designated countries

Advantages

• Cost-effective for global branding
• Easy renewal and changes (name, address, ownership)
• Suitable for startups, SMEs, and multinational companies

Limitations

• Initial dependence on the basic application/registration (first 5 years)
• Refusal by individual countries possible

Madrid Protocol deals with international trademark registration.

2. Berne Convention

(Berne Convention for the Protection of Literary and Artistic Works)

Introduction: The Berne Convention is an international agreement for copyright protection that provides automatic protection to literary and artistic works without any formal registration.

Establishment & Administration

• Adopted: 1886
• Administered by WIPO
• India is a member country

Works Protected

• Literary works (books, articles)
• Musical works
• Artistic works (paintings, sculptures)
• Cinematographic works
• Computer programs (as literary works)

Core Principles

1. Automatic Protection – No registration required
2. National Treatment – Equal treatment in all member countries
3. Minimum Standards – Uniform minimum protection

Duration of Protection

• Minimum: Life of the author + 50 years
• India provides Life + 60 years

Importance

• Protects authors’ moral and economic rights
• Encourages creativity and cultural exchange
• Prevents unauthorized copying and piracy

Berne Convention provides automatic copyright protection.

Quick Comparison

3. Budapest Treaty

(Budapest Treaty on the International Recognition of the Deposit of Microorganisms)

Point-wise Explanation

Introduction

• The Budapest Treaty is an international IPR agreement related to patent protection of microorganisms.
• It addresses the problem that microorganisms cannot be completely described in written form in patent specifications.
• It allows inventors to deposit the microorganism only once, which is accepted for patent purposes in all member countries.

Establishment & Administration

• Adopted in 1977 at Budapest, Hungary.
• Came into force in 1980.
• Administered by the World Intellectual Property Organization (WIPO).
• Followed by several countries including India.

Objectives of the Budapest Treaty

• To simplify international patent procedures involving microorganisms.
• To eliminate the need for multiple deposits of the same microorganism in different countries.
• To ensure uniform international recognition of deposited microorganisms.
• To encourage biotechnological inventions and innovation.

Scope of the Treaty

• Applies to patent applications involving: Bacteria, Fungi, Yeasts, Cell lines, Other microorganisms that cannot be fully described in patent documents.
• Widely used in biotechnology, pharmaceuticals, agriculture, and industrial microbiology.

Key Provisions

• The microorganism must be deposited in an International Depositary Authority (IDA).
• A deposit made in an IDA is recognized by all contracting states.
• The IDA is responsible for:
  • Safe and long-term storage of microorganisms
  • Viability testing to ensure the microorganism remains alive
  • Furnishing samples to authorized persons or patent offices when required by law

Importance in Biotechnology & Agriculture

• Plays a vital role in microbial patents and biotech inventions.
• Supports development of: Biofertilizers, Biopesticides, Microbial enzymes, Pharmaceutical products
• Facilitates innovation while ensuring legal certainty.

Advantages of the Budapest Treaty

• One-time deposit accepted worldwide
• Saves time, effort, and cost for inventors
• Reduces procedural complexity
• Encourages global patent filing

Limitations

• Applicable only to inventions involving microorganisms
• Requires deposit in a recognized IDA, which may not be available in all countries

Exam Points

• Adopted: 1977
• Enforced: 1980
• Administered by: WIPO
• Focus area: Deposit of microorganisms for patent purposes
• Core principle: Single deposit → global recognition