International Intellectual Property

Recommended Guide:

International / Comparative Patent Law

from Mitchell | Hamline School of Law librarian Janelle Beitz. It is the only 'International Patents' guide included for reference in the ASIL e-RG International IP Law guide.

 •  WTO & GATT Research.
This NYU guide presents the essential sources for researching the former GATT (General Agreement on Tariffs and Trade) and the current system under the Uruguay Round agreements (TRIPS) and the World Trade Organization.

 •  Research Guide on TRIPS and Compulsory Licensing: Access to Innovative Pharmaceuticals for Least Developed Countries,
a Globalex guide.

For more titles search the catalog using Patents -- International as a Subject Heading.

Lexis Advance, law school log in required.

• Global IP Law Service Quick Charts,
  nicely broken down reference source "covers IP practice and proceedings guidelines for all 24 regions of the world."
• Baxter World Patent Law, with Forms
• European Patent Law and Practice

Westlaw, law school log in required.

• Patent Practice & Policy in the Pacific Rim
• Patents Throughout the World
• Guide to European Patents
• Japanese Patent Litigation
• Patent Claim Interpretation - Global Edition

Bloomberg, law school log in required.

• International Patent Litigation: A Country-by-Country Analysis, also updated in print, K1505.4.I5 1983.

Online, FIU log in required. GL

• Patents and technological progress in a globalized world, Joseph Straus, 2009. FIU log in required.

• TRIPS, Part II, Section 5: Patents,
  Articles 27 through 34.
• NAFTA, Chapter 17,
  Article 1709.
• Central America-Dominican Republic Free Trade Agreement (CAFTA),
  covers IP Rights in Chapter 15. Patent specific provisions are contained in Article 15.9. The USTR page is here.

WIPO administered Patent Treaties:

• Paris Convention for the Protection of Industrial Property.
  "The first major international agreement relating to the protection of industrial property rights, including patents. It outlines, in particular, national treatment, the right of priority, and a number of common rules in the field of substantive patent law."
• Patent Cooperation Treaty (PCT)
  "This treaty established an international patent filing system, making it possible to seek patent protection for an invention simultaneously in each of a large number of countries." Please note that this is not equivalent to a patent issuance.
• Strasbourg Agreement Concerning the International Patent Classification (IPC)
  "A regularly updated language independent system for classifying inventions in patent applications, allowing more efficient search and retrieval of patent information."
• Patent Law Treaty
  "The PLT establishes common and, as a general rule, maximum requirements regarding many of the procedural formalities relating to national/regional patent applications and patents."
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  "The Budapest Treaty concerns the international disclosure of biotechnological inventions. It stipulates that, for the purpose of the patent procedure, the deposit of microorganisms with an "international depository authority" must be recognized by any contracting state."

The European Patent Convention, or EPC, establishes a single unitary patent system and unified patent court for its 38 members. Compliance with the convention is administered by the EPO, the European Patent Office.

The convention's grant of a unitary regionally valid and enforceable patent was recently challenged by Spain on the basis of improper delegation of powers to non-EU members. The ECJ denied the challenge, Kingdom of Spain v. Council of the European Union, Case C‑146/13 and Case C‑147/13 (5 May 2015).

• WIPO Lex,
  select a country, and then in the 'Subject Matter' entry box select "Patents (Inventions)" as the Topic.
• Foreign Law Guide: current sources of codes and basic legislation in jurisdictions of the world,
  each country's entry will list sources for their IP legislation, usually classified under "Industrial Property". GL
• U.S. Patent Laws, Title 35,
  from Cornell's LII.
• Organization of American States (OAS),
  links to national legislation pages of OAS members.
• Eur-Lex
  main legislation search page for European laws.
• University of Alicante, Spain
  Legislation and Regulation Section; Searches of National, International and European Union Legislation. IP and ADR focused searches and links.

EU Single Market Patents page

EUR Lex Legislation page, to search for directives and regulations.

EPO's National Laws relating to the European Patent Convention.

The WTO's portal on TRIPS information is the 

TRIPS Material on the WTO website

page. In addition to the links on the page, navigation buttons allow you to reach all source documents and information on issues currently under negotiation.

Patent related information is interspersed throughout the WIPO site.

The 'About IP' > Patents

landing page is perhaps the one with the most related links.

• Introduction to TRIPS - Patent
Lesson Completion Time: 45 minutes

• TRIPS - Advanced Topics
Lesson Completion Time: 45 minutes