World Intellectual Property Indicators Report 2024
The Patent System
A patent grants exclusive rights to applicants for inventions that meet standards of novelty, non-obviousness, and industrial applicability. Valid for a limited period (generally 20 years), the patent allows holders to exploit their inventions commercially. In return, applicants must disclose their inventions publicly, enabling replication by skilled professionals. This system fosters innovation by offering exclusive legal rights, allowing innovators to reap returns from their activities.
National and regional patent offices govern patent acquisition procedures. These offices issue patents limited to their jurisdictions. To obtain a patent, applicants must file a detailed application describing the invention.
The Patent Cooperation Treaty (PCT) System streamlines obtaining patent rights in multiple jurisdictions. Managed by WIPO, it delays the need for separate applications in each jurisdiction. However, national or regional patent offices ultimately decide on granting patents. The PCT process includes an international phase for searches and examinations and a national phase for jurisdiction-specific decisions. Learn more about the PCT System at http://www.wipo.int/pct.
The Utility Model System
Utility models (UMs) provide rights to inventions for shorter periods (6–10 years) than patents. They often don’t require substantive examination. UMs are governed by national IP office rules and are jurisdiction-specific. For this report, “utility model” includes similar protections like short-term patents in Ireland.
Microorganisms and the Budapest Treaty
The Budapest Treaty simplifies patent procedures involving microorganisms. Applicants must deposit samples with an International Depositary Authority (IDA) instead of depositing in every country. As of September 2024, 51 IDAs worldwide store these samples. Learn more at http://www.wipo.int/treaties/en/registration/budapest.
The Trademark System
Trademarks distinguish goods or services of one enterprise from others. Registered trademarks grant exclusive rights to use and prevent unauthorized usage. Unlike patents, trademarks can be maintained indefinitely through renewal fees.
Applicants may register trademarks through national or regional IP offices or via the Madrid System, administered by WIPO. The Madrid System simplifies international trademark registration and management. Learn more at http://www.wipo.int/web/madrid-system.
The Industrial Design System
Industrial designs protect the ornamental aspects of products, granting exclusive rights to holders. National or regional laws govern registrations. Protection typically lasts five years and can be renewed for up to 15 years.
The Hague System allows applicants to register designs in multiple territories through a single application. It also facilitates centralized management of registrations. Learn more at www.wipo.int/web/hague-system.
Plant Variety Protection
Plant breeders’ rights protect new varieties meeting specific criteria. In the US, the Plant Patent Act and Plant Variety Protection Act offer protection for distinct, new plant varieties.
Geographical Indication System
Geographical indications (GIs) link goods to specific geographical origins with unique qualities. Examples include “Café de Colombia” (Colombia) and “Scotch Whisky” (UK). GIs protect agricultural, food, and handicraft products. They can be registered through sui generis systems or trademark laws. International protection is possible via agreements and systems like the Lisbon System.
The Lisbon System
Established in 1958, the Lisbon System protects appellations of origin. Registration through WIPO ensures protection across contracting parties without renewal requirements. In 2015, the Geneva Act expanded the Lisbon System to include general GIs and allowed intergovernmental organizations to join. Learn more at www.wipo.int/treaties/en/registration/lisbon
Protection of GIs Abroad Through the Madrid System
Geographical indications can be protected in several countries as trademarks (most commonly collective and certification marks) through the Madrid System, an international registration system legally governed by the Madrid Agreement (1891) and the Madrid Protocol (1989) and administered by WIPO. A famous example of a collective/certification mark registered under the Madrid System is Napa Valley for wines from the United States of America.
Source & Related Articles:
- World Intellectual Property – Indicators 2024
- Journal of Intellectual Property Rights – India
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