International treaties and conventions

The national nature of intellectual property laws

IP laws are almost always national in nature. However, there are many conventions and treaties under which nations agree to provide minimum levels of IP protection, and to protect IP created by nationals of other countries.

The World Intellectual Property Organization (WIPO) administers over 20 treaties and conventions on the registration, classification and protection of IP. Details of the treaties it administers, and the parties to those treaties, can be found on its website. This subtopic examines some of the key conventions and treaties it administers.

For further information, see Practice Note: Intellectual property international treaties and conventions.

International aspects of copyright

An international system of copyright enforcement exists and it is established by four conventions. The effect of use of the conventions is that copyright can be enforced cross-border. At the heart of the system is the principle of national treatment. This means that a copyright owner will be treated as if they are a national

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Section 11A non-use defence brings easyGroup claim to a halt (easyGroup v Jaybank)

IP analysis: The decision of the Intellectual Property Enterprise Court (IPEC) in this case is a timely reminder that even a well-known brand cannot circumvent the hard evidence limits of trade mark use. easyGroup Ltd (easyGroup) alleged that Jaybank Leisure Ltd’s (Jaybank) use of EASIHIRE for vehicle rental infringed its easyHire UK trade mark registration. Judge Hacon accepted that the marks at issue were indeed strikingly similar and found confusion likely under section 10(2) of the Trade Marks Act 1994 (TMA 1994). On a straightforward confusion analysis, easyGroup may have succeeded in this case, but that was not the end of the story. The trade mark infringement claim ultimately failed in its entirely, as Jaybank invoked the non-use defence under TMA 1994, s 11A, arguing that easyGroup had not made genuine use of the easyHire mark for the registered rental services in the relevant five-year period. The court agreed. easyGroup’s evidence consisted largely of later created websites and somewhat ambitious franchise material, neither of which were sufficient to establish a real market supporting commercial use. This decision highlights the sharp edge of TMA 1994, s 11A and makes clear that in the UK, enforceability depends on genuine use, not registration alone. Written by, Tamsin Knight, trainee trade mark attorney at HGF Ltd, and Lee Curtis, partner and chartered trade mark attorney at HGF Ltd.

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