International Intellectual Property Treaties Joined by China

Introduction

Today, countries around the world coordinate their intellectual property laws by concluding multilateral international treaties, aiming for legal globalization. Among the various international intellectual property treaties, some are called “Conventions,” some “Treaties,” others “Agreements,” or “Protocols.” Despite the different names, they all fall under the category of international treaties.

Currently, the most important international multilateral treaties on intellectual property that China has joined are the Convention Establishing the World Intellectual Property Organization (WIPO Convention) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

In addition, China has joined most other international multilateral treaties on intellectual property. The details are as follows.

I. International Multilateral Treaties Administered by the World Intellectual Property Organization (WIPO)

WIPO announces that it administers 26 international multilateral treaties (including the WIPO Convention), which can be categorized into three types:

1. Treaties on Specific Standards of Protection for Different Types of Intellectual Property (15 treaties)

  1. Paris Convention for the Protection of Industrial Property
    • Abbreviation: Paris Convention
    • Date Concluded: 1883
    • Date Joined by China: March 19, 1985
    • Overview: Applies to the broadest sense of industrial property, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications (indications of source and appellations of origin), and the suppression of unfair competition.
  2. Berne Convention for the Protection of Literary and Artistic Works
    • Abbreviation: Berne Convention
    • Date Concluded: 1886
    • Date Joined by China: October 15, 1992
    • Overview: Provides creators such as authors, musicians, poets, and painters with the means to control how, by whom, and on what terms their works are used.
  3. Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods
    • Abbreviation: Madrid Agreement (Indications of Source)
    • Date Concluded: 1891
    • Date Joined by China: Not listed
    • Overview: Goods bearing false or deceptive indications of source, directly or indirectly indicating one of the contracting states or a place therein as the country or place of origin, must be seized on importation or prohibited from importation, or subjected to other actions and sanctions.
  4. Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
    • Abbreviation: Rome Convention
    • Date Concluded: 1961
    • Date Joined by China: Not listed
    • Overview: Ensures protection for performers’ performances, producers of phonograms’ phonograms, and broadcasting organizations’ broadcasts.
  5. Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
    • Abbreviation: Phonograms Convention or Recordings Convention
    • Date Concluded: 1971
    • Date Joined by China: January 5, 1993
    • Overview: Obligates each contracting state to protect producers of phonograms who are nationals of other contracting states against unauthorized duplication of their phonograms, prohibits the importation of such duplicates (if for public distribution), and bans their distribution to the public.
  6. Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite
    • Abbreviation: Brussels Convention or Satellite Convention
    • Date Concluded: 1974
    • Date Joined by China: Not listed
    • Overview: Requires each contracting state to take adequate measures to prevent the unauthorized distribution of satellite signals carrying program content.
  7. Nairobi Treaty on the Protection of the Olympic Symbol
    • Abbreviation: Nairobi Treaty
    • Date Concluded: 1981
    • Date Joined by China: Not listed
    • Overview: Obligates all countries party to the treaty to protect the Olympic symbol against unauthorized use for commercial purposes without the International Olympic Committee’s consent.
  8. Washington Treaty on Intellectual Property in Respect of Integrated Circuits
    • Abbreviation: Washington Treaty or Integrated Circuits Treaty
    • Date Concluded: May 26, 1989
    • Date Joined by China: May 1, 1990
    • Overview: Concluded in Washington, the treaty has not entered into force but is mandatory under TRIPS for its members to comply with certain provisions (Articles 2 to 7, Article 12, and parts of Article 16).
  9. Trademark Law Treaty (TLT)
    • Date Concluded: 1994
    • Date Joined by China: October 28, 1994
    • Overview: Aims to harmonize and simplify the procedures for national and regional trademark registration.
  10. WIPO Copyright Treaty (WCT)
    • Date Concluded: 1996
    • Date Joined by China: March 9, 2007
    • Overview: A special agreement under the Berne Convention concerning the protection of works and the rights of their authors in the digital environment.
  11. WIPO Performances and Phonograms Treaty (WPPT)
    • Date Concluded: 1996
    • Date Joined by China: March 9, 2007
    • Overview: Concerns the intellectual property rights of performers and producers of phonograms, particularly in the digital environment.
  12. Patent Law Treaty (PLT)
    • Date Concluded: 2000
    • Date Joined by China: Not listed
    • Overview: Aims to harmonize and simplify the procedural requirements for patent applications and patents, making them more user-friendly.
  13. Singapore Treaty on the Law of Trademarks
    • Abbreviation: Singapore Treaty
    • Date Concluded: 2006
    • Date Joined by China: January 29, 2007
    • Overview: Based on the 1994 TLT but with a broader scope and addresses recent developments in communication technology.
  14. Beijing Treaty on Audiovisual Performances
    • Date Concluded: June 26, 2012
    • Date Joined by China: July 9, 2014
    • Overview: Protects the intellectual property rights of performers in audiovisual performances.
  15. Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (MVT)
    • Abbreviation: Marrakesh Treaty
    • Date Concluded: June 27, 2013
    • Date Joined by China: October 23, 2021
    • Overview: Obligates contracting parties to establish mandatory limitations and exceptions for the benefit of blind, visually impaired, and print-disabled individuals, with corresponding flexibilities.

2. Treaties on the International Registration and Management of Intellectual Property (6 Treaties)

  1. Madrid Agreement Concerning the International Registration of Marks
    • Abbreviation: Madrid Agreement (Marks)
    • Date Concluded: 1891
    • Date Joined by China: July 4, 1989
    • Overview: The Madrid Agreement provides an international system for the registration of trademarks.
  2. Hague Agreement Concerning the International Registration of Industrial Designs
    • Abbreviation: Hague Agreement
    • Date Concluded: 1925
    • Date Joined by China: February 5, 2022 (1999 Act)
    • Overview: Currently, two versions are in force—the 1999 Act and the 1960 Act. China has joined the 1999 Act of the Hague Agreement for the international registration of industrial designs.
  3. Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
    • Abbreviation: Lisbon Agreement
    • Date Concluded: 1958
    • Date Joined by China: Not listed
    • Overview: The Lisbon Agreement protects appellations of origin and registers them through the WIPO International Bureau based on requests from the competent authority of the contracting countries.
  4. Patent Cooperation Treaty (PCT)
    • Date Concluded: 1970
    • Date Joined by China: October 1, 1993
    • Overview: The PCT provides a unified procedure for filing patent applications in its contracting states. Applications filed under the PCT are called international patent applications or PCT applications.
  5. Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
    • Abbreviation: Budapest Treaty
    • Date Concluded: 1977
    • Date Joined by China: April 1, 1995
    • Overview: The Budapest Treaty requires contracting states that allow or require the deposit of microorganisms for patent purposes to recognize deposits made at any recognized “international depositary authority.”
  6. Protocol relating to the Madrid Agreement concerning the International Registration of Marks
    • Abbreviation: Madrid Protocol
    • Date Concluded: 1989
    • Date Joined by China: May 4, 2000
    • Overview: The Madrid Protocol supplements and improves the Madrid Agreement, making the Madrid System more flexible and operational. Together, they form the legal framework of the Madrid System, administered by WIPO, with French, English, and Spanish as working languages.

3. Treaties on the Classification of Patents, Trademarks, and Industrial Designs (4 Treaties)

  1. Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
    • Abbreviation: Nice Agreement
    • Date Concluded: 1961
    • Date Joined by China: May 5, 1994
    • Overview: The Nice Agreement establishes a classification system for goods and services (34 classes for goods and 11 for services), facilitating trademark search and management.
  2. Locarno Agreement Establishing an International Classification for Industrial Designs
    • Abbreviation: Locarno Agreement
    • Date Concluded: 1971
    • Date Joined by China: June 17, 1996
    • Overview: The Locarno Agreement’s member states form the “Locarno Union,” adopting a uniform classification system for industrial designs. The implementing body is the WIPO International Bureau.
  3. Strasbourg Agreement Concerning the International Patent Classification
    • Abbreviation: Strasbourg Agreement
    • Date Concluded: 1975
    • Date Joined by China: June 17, 1996
    • Overview: The Strasbourg Agreement, concluded among Paris Convention member states, establishes a unified classification system for patents, inventor’s certificates, utility models, and utility certificates, known as the “International Patent Classification.”
  4. Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
    • Abbreviation: Vienna Agreement
    • Date Concluded: 1985
    • Date Joined by China: Not listed
    • Overview: The Vienna Agreement provides a classification system for trademarks consisting of or containing figurative elements. The contracting states form a special union and adopt a common classification system for figurative elements in trademarks.

II. International Intellectual Property Treaties Administered by Organizations Other than WIPO

Several global multilateral intellectual property treaties are managed by international organizations outside of WIPO:

  1. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
    • Date Concluded: April 15, 1994
    • Date Joined by China: December 11, 2001
    • Overview: Administered by the World Trade Organization (WTO), TRIPS is one of the 28 agreements concluded during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT). It is a crucial agreement integrating intellectual property protection into the WTO framework.
  2. International Convention for the Protection of New Varieties of Plants
    • Date Concluded: 1961
    • Date Joined by China: April 23, 1999
    • Overview: This convention established the International Union for the Protection of New Varieties of Plants (UPOV). Although not administered by WIPO, it is closely associated with WIPO.
  3. Universal Copyright Convention
    • Date Concluded: 1952
    • Date Joined by China: July 30, 1992
    • Overview: Initiated by UNESCO, the Universal Copyright Convention provides an alternative to the Berne Convention for countries not party to the latter.

III. Other Relevant International Treaties

Broadly speaking, the following international treaties are also related to intellectual property:

  1. Convention for the Safeguarding of the Intangible Cultural Heritage
    • Date Concluded: October 2003
    • Date Joined by China: August 2004
    • Overview: Aims to protect intangible cultural heritage, including traditions, oral expressions, festive events, craftsmanship, music, and dance.
  2. Convention on the Protection and Promotion of the Diversity of Cultural Expressions
    • Date Concluded: October 20, 2005
    • Date Joined by China: December 29, 2006
    • Overview: Adopted during the 33rd UNESCO General Conference, it aims to protect and promote the diversity of cultural expressions.
  3. Convention on Biological Diversity
    • Date Concluded: June 5, 1992
    • Date Joined by China: June 11, 1992
    • Overview: Establishes principles for the fair and equitable sharing of benefits arising from genetic resources, especially concerning their commercial use. This includes biotechnology development, transfer, benefit-sharing, and biosafety.

(Disclaimer: This content is organized based on information published on the official website of the Ministry of Commerce of the People’s Republic of China, for reference only. It does not guarantee the completeness, accuracy, and timeliness of the information provided. For reprinting, please contact the backend.)