Intellectual property (IP) is primarily divided into two categories:

1. Industrial Property: This covers trademarks, patents, industrial designs, geographical indications, and other rights that protect inventions and distinctive commercial signs.
2. Copyright: This protects creative works such as literary, musical, audiovisual, and visual art works.

Both categories are regulated by international treaties, one of the most significant being the Berne Convention for copyright protection.

Berne Convention for the Protection of Literary and Artistic Works

History and Origins

The Berne Convention was signed on September 9, 1886, in the city of Berne, Switzerland. It was one of the first significant international agreements to establish common standards for the protection of literary and artistic works across member states. The convention has undergone several revisions, the most notable being the Paris revision in 1971.

Objectives of the Convention

The objective of the Berne Convention is to ensure that creative works are protected in member countries with the same level of protection granted to works created within their own borders. This principle is known as “national treatment.” The rights guaranteed by the Berne Convention include:

• The right of reproduction of the work.
• The right of translation.
• The right of adaptation, including transformations such as film adaptations.
• The right of public performance and broadcasting.
• The right of distribution.

Core Principles

1. Automatic Protection: Copyright is automatically granted without the need for registration once the work is fixed in a tangible form.
2. National Treatment: Works created in one member country must receive the same legal protection as national works in any other member country.
3. Minimum Duration of Protection: Protection lasts for the life of the author plus at least 50 years after their death (although some countries, like the U.S. and EU, have extended this period to 70 years post-mortem).

What Does the Berne Convention Protect?

• Literary and artistic works: Books, articles, poetry, speeches.
• Musical works: Sheet music, compositions with or without lyrics.
• Visual works: Paintings, sculptures, designs, architecture.
• Audiovisual works: Films, television shows, videos.
• Computer programs: These may be protected as literary works in many countries.

Geographical Reach

The Berne Convention currently has over 180 member countries, making it one of the most influential and widely accepted international agreements in the field of intellectual property. It is administered by the World Intellectual Property Organization (WIPO).

Other International Intellectual Property Conventions

To better understand the Berne Convention’s place, it’s useful to consider other conventions covering different areas of intellectual property, particularly those relating to industrial property.

1. Paris Convention for the Protection of Industrial Property (1883)

The Paris Convention is a key treaty that governs industrial property internationally. This convention protects inventions (patents), trademarks, industrial designs, and geographical indications. Its core principles are similar to those of the Berne Convention, including:

• National Treatment: Each member country must treat foreign applicants the same as their own citizens.
• Unionist Priority: Applicants can claim a 6- or 12-month priority date (for trademarks and patents respectively) from their first application in one member country, protecting their rights across all signatory countries.

2. Madrid Agreement (Madrid System for the International Registration of Marks)

The Madrid System facilitates the registration of trademarks in multiple countries through a single international application filed with WIPO. This system is designed to protect trademarks across member countries by allowing centralized management of the registration and renewal process.

3. TRIPS (Trade-Related Aspects of Intellectual Property Rights)

TRIPS is an international agreement under the World Trade Organization (WTO) that establishes minimum standards for the protection of all forms of intellectual property, including trademarks, patents, and copyright. TRIPS strengthens and integrates the standards set by the Berne Convention and the Paris Convention.

The Berne Convention’s Role in the Global IP Protection System

The Berne Convention stands apart from other treaties because it focuses exclusively on copyright and does not cover industrial property, such as trademarks or patents. Protection under the Berne Convention is automatic and does not require formal registration, unlike trademarks and patents, which typically require registration through relevant national or international offices. However, the Berne Convention plays a critical role in ensuring harmonized international protection for creative works.

• Industrial Property: Covered by treaties like the Paris Convention, the Madrid System, and TRIPS, these treaties generally require formal registration with national or international offices for the protection of rights.
• Copyright: Protects creative works, thanks to the Berne Convention, which does not require formal registration for protection.

In practice, while companies rely on patent and trademark offices to protect their trademarks, patents, and designs, creators of artistic works automatically receive the protection afforded by the Berne Convention in member countries.

Conclusions

The Berne Convention represents a milestone in the international protection of copyright, guaranteeing automatic protection for creative works without the need for registration. It differs from other conventions like the Paris Convention and the Madrid System, which regulate industrial property and typically require formal registration with competent offices. Within the broader framework of intellectual property, the Berne Convention plays a crucial role in protecting literary and artistic works and promoting global harmonization.