How to protect your Intellectual Property using WIPO tools

This detailed guide walks creators, entrepreneurs, and legal professionals through the key systems of the World Intellectual Property Organization (WIPO), the Madrid System for trademarks, the PCT system for patents, the Hague System for designs, and the Lisbon System for geographical indications. Whether you are just starting out or scaling up, this guide will help you ensure that your intellectual property is ready for the global stage.

Introduction

Let us say that there is a young fashion entrepreneur from Nigeria named Kofi. She launched a vibrant streetwear label called Bold Africa. Her designs featured a striking blend of West African prints and Western clothing styles.

They became pretty popular and within six months, they were turning heads in Lagos and being shipped to customers in London, Paris, and Toronto. But as usual, and as with any IP, with popularity came problems.

Knock-off versions of her designs began surfacing on online marketplaces, and she started receiving customer complaints about low-quality products that she had never authorised. Her brand’s identity was being diluted across borders.

When Kofi approached a lawyer in London, she asked a simple question:

“How do I protect my work in all these countries without going broke?”

That question is essentially at the heart of this article.

If you are a creator, an entrepreneur, or a legal professional working with clients building global brands, then you already know about IP. You also probably know that intellectual property, whether it is a trademark, a design, or a patent, is one of the most valuable assets a business can own. But protecting that asset across the world can feel overwhelming.

The good news? There is an entire system designed just for that. It is called WIPO, the World Intellectual Property Organization. You already know about WIPO, but I will show you how to make the most out of it.

Now, I know what you might be thinking: another United Nations agency with complicated forms and expensive lawyers. But hang on. WIPO is not just an administrative body; it is actually your best friend if you are planning to take your IP global.

You can actually think of it as a one-stop platform that helps you register and manage your intellectual property across multiple countries. And this is without having to file in each one separately. And yes, you can do it even if you are just a solo founder, an artist, or a small design studio.

In this article, I am going to walk you through exactly how WIPO tools can help you protect your intellectual property efficiently, strategically, and affordably. From trademarks to patents and designs, we will break down the systems WIPO offers, when to use them, and how they can make your life easier.

We will also look at the digital tools WIPO provides for searching, monitoring, and proving ownership of your work. Plus, I will share real-life stories of creators and companies who have successfully used WIPO to expand without losing control of their IP.

Whether you are dealing with copycats on Instagram, applying for patents in multiple markets, or just trying to figure out where to begin, this guide is for you.

Ready to become your brand’s global bodyguard?

Understanding the need for global IP protection

Okay, let me take you back to a conversation I once had with a startup founder at a legal workshop in Bengaluru. She had developed something really cool. It was a unique wearable device for athletes and sports players, or anyone who is into fitness. It could monitor hydration levels for athletes. Her product was already patented in India, and she had even won a national innovation award. But when I asked whether she had filed for international protection, she shrugged and said,

“Why should I? My market is here, at least for now.”

But I did warn her about it. Products such as these have no border limits. It is not a garment made specifically for Indians. But it has great potential to have a good reach across the world. Something like this will be liked by everyone, and it does not matter where they are from. So if a developer from another country sees this product, then they will exploit it.

And this, unfortunately, is exactly what happened.

Two months later, she ended up finding a very similar product. It also had a suspiciously similar logo that had been launched in Germany. It was not an exact copy, but it was close enough to cause confusion. She had no protection there, no way to stop the other company, and no resources to start a fresh patent process in Europe. The irony? She could have safeguarded her rights through a single WIPO application.

In the digital age, your intellectual property travels faster than you do. A logo designed in Mumbai might be featured in a London blog. A fashion print created in Jaipur could end up on a Chinese e-commerce website within weeks. A software code written in Nairobi could be copied, tweaked, and resold in San Francisco before you even notice.

So why is global protection important?

Intellectual property rights are territorial

If you register a trademark or patent in India, it gives you legal rights only within India. The same goes for any other country. If someone uses your mark in Brazil or sells your invention in Japan, your Indian registration will not help you there. You must seek protection in each jurisdiction where you want legal control.

Expansion happens faster than you think

Yes, you may not plan to go global right away, but opportunities do arise unexpectedly. An export order, a social media collaboration, or a foreign distributor can suddenly open new markets. If you wait until then to start your IP protection journey, it may be too late. Your brand could already be compromised.

Imitation is not always local

Gone are the days when counterfeiting was limited to knock-off handbags sold in street markets. Today, entire websites, apps, product lines, and ad campaigns are being cloned with terrifying accuracy. These operations are often run from different jurisdictions, making enforcement difficult unless you already have international rights.

Licensing and monetisation need a solid IP base

Many creators and startups dream of licensing their technology or brand to a global partner. But guess what the first question those partners ask?

“Are your IP rights protected in our territory?”

If you cannot answer that confidently, you may lose out on a valuable deal.

Prevention is cheaper than litigation

Trying to stop someone in another country after they have started using your brand or technology is time-consuming, expensive, and often futile. Filing through WIPO may cost money upfront, but it is far less than what you might spend fighting infringement across borders later.

In short, international IP protection is no longer just for big corporations. It is for every creator and business that dares to dream beyond borders.

Now that we understand the “why,” let us explore the “how.” And that is where WIPO comes in with systems designed to make international IP protection smoother and more accessible than ever.

WIPO’s key IP protection systems and how they work

When you hear “international registration,” you might picture a complicated, bureaucratic mess. But WIPO has actually done a remarkable job of streamlining that process. Instead of filing separately in every country where you want protection, you can use a single application to seek coverage in multiple jurisdictions, saving time, money, and legal headaches.

WIPO offers three major systems for global protection, each catering to a different type of intellectual property:

The Madrid System – For trademarks

Let us start with the most popular one.

The Madrid System allows you to register your trademark in around 130 countries through a single application. You file once, pay one set of fees, and manage your registrations centrally. If your business has a unique brand name, logo, or even a slogan that you want to protect globally, this is your gateway.

How does it work?

You must first file (or register) your trademark in your home country. This is called the basic mark. And then, you file an international application through your country’s trademark office (for example, the Indian Trade Marks Registry).

In that application, you select the countries where you want protection; these are called designated countries. After which, WIPO checks the formality of your application and then forwards it to each of the designated IP offices.

If the national office does not raise objections within 12–18 months, your mark is protected in that country.

Why does it help? You avoid filing separate applications in every country. You pay in one currency (Swiss francs).

You can also manage renewals and changes (e.g. ownership transfer) centrally through WIPO.

This is ideal for startups, exporters, fashion brands, tech products basically anyone selling across borders.

To know more about the Madrid System, click here.

So now, for example, let us take a scenario wherein a Bengaluru-based skincare brand, Glowveda, expanded to Southeast Asia. Using the Madrid System, they obtained protection in Singapore, Malaysia, Thailand, and Australia without hiring separate agents in each country. Now, if a Thai e-commerce site started selling a copycat product under a similar name, then Glowveda’s local distributor was able to initiate action immediately, thanks to the trademark’s international recognition.

The Hague System – For industrial designs

Next up: industrial designs. If you are a fashion designer, furniture maker, tech product developer, or someone who creates how things look, the Hague System is for you.

An industrial design refers to the ornamental or aesthetic aspect of a product, think patterns, shapes, surface textures, packaging styles, and so on.

The Hague System lets you register up to 100 designs in multiple countries through a single application.

How does this work? You need to first file a single application directly with WIPO or through your national IP office. Then, you designate the countries or regions where you want protection.

If those countries raise no objection, your design is protected for an initial five years (renewable up to 15 years or more, depending on national laws).

This helps because it means one application, one fee, and one language (English, French, or Spanish). It also means a simplified portfolio management. You also do noo need to file separately in each jurisdiction.

Let us say there is a textile designer who filed for design protection of her Navaratna-inspired saree motifs under the Hague System. It will give her coverage in the EU and the UK, her largest export markets. If a wholesaler in Italy started replicating the designs, she could use her WIPO-registered rights to file a cease-and-desist notice through local counsel.

The Patent Cooperation Treaty (PCT) – For patents

If you are an inventor, engineer, scientist, or founder of a tech company, this is the system that matters most to you.

The Patent Cooperation Treaty (PCT) allows you to seek patent protection for an invention in over 150 countries through a single international application. It does not grant you a global patent, but it gives you more time and strategic clarity before entering national phases.

First, you will need to file an international patent application under the PCT (you can file through your national patent office or directly with WIPO). After which, you will receive an international search report and written opinion, which gives you an early idea of whether your invention is novel and patentable.

You then have up to 30 or 31 months (from the priority date) to enter the national or regional phases in the countries where you seek protection.

This helps because it delays the cost of multiple national filings while securing your priority. It also allows you to assess commercial potential before heavy investment. Also, it makes it easier to attract investors and partners during the international phase.

Let us say a startup in Hyderabad working on the clean water tech filed a PCT application for its membrane filtration system. The initial international phase will help them identify which markets have high patentability potential and commercial interest. Then, they can later enter the US, Canada, and EU phases.

To know more about the PCT process, check this.

The Lisbon System – For Geographical Indications

Though less commonly used, the Lisbon System helps protect geographical indications (GIs) and appellations of origin across borders.

If you represent a producers’ group for something like Darjeeling Tea, Basmati Rice, or Kanchipuram Sarees, this system ensures international recognition and enforcement of your region-linked brand identity.

These systems make international IP protection more realistic for individuals and smaller entities, not just multinational corporations.

Step-by-step: Using WIPO tools

Now that you are familiar with the different WIPO systems, Madrid, Hague, PCT, and Lisbon, you might be wondering: How exactly do I use them? Is it a complicated process? Do I need an international lawyer or a big budget?

Let me assure you: you can start the process from your own city, using your existing national filings. The steps are quite manageable, especially if you already have some experience with filing IP applications domestically.

Let us walk through the process, system by system.

A. How to file an international trademark through the Madrid System

Step 1: File your basic mark in your home country

Your journey begins with a national or regional application or registration. For example, in India, you must first apply for or register your trademark with the Indian Trade Marks Registry. This is your “basic mark”.

Step 2: Submit an international application through your home office

Once you have your basic mark, you file the international application through the same office in India, that is the Trade Marks Registry under the Controller General of Patents, Designs and Trade Marks (CGPDTM).

You will need to fill out Form MM2 (provided by WIPO), choose the countries or regions where you want protection, and pay the application fees (WIPO offers a fee calculator)

Step 3: WIPO checks the formality and forwards it

WIPO will ensure your application is complete and correct. If all is in order, it forwards the application to each designated country’s IP office.

Step 4: National offices examine your mark

Each office then examines your mark based on its national laws. They have 12–18 months to raise objections. If no objection is raised or if you overcome them, you gain protection in those countries.

Step 5: Manage centrally

Once registered, you can renew, assign, or amend your trademark centrally via WIPO. This saves you the hassle of dealing with individual offices.

B. How to file an international design through the Hague System

Step 1: Prepare your design drawings or photos

Ensure that your design representations (photos, drawings, diagrams) meet the requirements. WIPO is quite particular about how the design is shown.

Step 2: File a Hague application

You can file directly with WIPO, or through your national IP office, if allowed (India is not yet a contracting party, but if your base is in a member country, direct filing works)

Use WIPO’s eHague portal to fill in the applicant and design details and choose designated countries

Then you need to upload design images and pay the fee in Swiss francs

Step 3: WIPO formal examination

WIPO checks whether the application is complete and compliant. If it passes, WIPO publishes your design in the International Designs Bulletin.

Step 4: Substantive examination by designated countries

Countries that require local examination (e.g. the US, Japan) have a limited time to object. If they do not, your design is protected in those jurisdictions.

C. How to file a PCT patent application

Step 1: File a PCT application

You can file through your national patent office, or WIPO’s ePCT portal

The application must include a description of the invention, claims, drawings (if applicable) and an abstract.

Step 2: International search and preliminary report

An International Searching Authority (ISA) will conduct a patentability search and give you:

An International Search Report (ISR)
A Written Opinion

This helps you evaluate your invention’s novelty and potential.

Step 3: Publication and international phase

Your application is published 18 months from the priority date. You can also request an optional international preliminary examination for deeper insight.

Step 4: Enter national/regional phases

You then have up to 30 or 31 months to pursue patents in each desired country. Each country will conduct its own examination before granting or rejecting a patent.

D. How to register a GI under the Lisbon System

This system is less commonly used, but for producer groups and associations, the steps are:

Ensure your country is a member of the Geneva Act of the Lisbon Agreement.
Register the GI or appellation of origin domestically.
File the international registration request through your national office.
WIPO notifies all members, who can object within one year.

Tips for all systems – use WIPO’s online tools. Their websites have filing guides, checklists, and even simulators. You need to be strategic in choosing countries. Pick markets where you plan to operate, export, or license.

You will have to monitor your applications; WIPO provides real-time updates and e-alerts. Make sure to budget for fees in Swiss francs. You can use WIPO’s fee calculator to estimate your costs in advance.

You will need to consult an IP expert. While self-filing is possible, professional help ensures you do not miss crucial technical details.

Real-life strategies: How creators and businesses use WIPO tools

Let me tell you some real-life examples.

When we usually think of intellectual property, we often think of big corporations and global law firms. But the truth is, businesses of all sizes, including solo entrepreneurs and small creative studios, are using WIPO tools every day to protect their work internationally. Let us take a look at some real-world examples and unpack what we can learn from them.

Case 1: The “Basmati” battle and how India used the Lisbon System

Let us start with something close to home. You may recall the long-standing issue around the word Basmati. India has been fighting to protect it as a Geographical Indication (GI), especially in the European Union, where a similar-sounding rice from Pakistan was causing market confusion.

In 2023, India secured protection for Basmati rice under the Geneva Act of the Lisbon Agreement, using WIPO’s Lisbon System. This meant that the name “Basmati” is now recognised and protected in all member countries as referring only to rice grown in the specific regions of India (and partly Pakistan).

So the lesson is, if you are a community or producer group dealing with unique, location-based products like saffron from Kashmir or Nilgiri tea, you can use the Lisbon System to protect that heritage abroad.

Case 2: Indian fashion label House of Masaba and international trademarking

You might know of Masaba Gupta’s fashion label, House of Masaba. It has become a household name in India and is increasingly recognised globally. As the brand expanded into international collaborations (including with beauty and lifestyle brands), protecting the brand name and logo became crucial.

They used the Madrid System to file for international trademark protection, leveraging their Indian registration as a base. This gave them a cost-effective way to secure rights across multiple jurisdictions, including the UK and UAE, key markets for Indian fashion exports.

So if you are part of a growing industry, such as in fashion, cosmetics, or lifestyle brands and planning to expand overseas, then you do need protection. Protecting your brand through the Madrid System can give you legal confidence as you scale.

Case 3: Tonbo Imaging’s patent journey through PCT

Tonbo Imaging, a Bengaluru-based defence-tech startup, develops advanced imaging systems used in security and surveillance. Since their inventions have commercial potential in multiple jurisdictions, they filed patent applications through the PCT system.

By using the PCT route, Tonbo received an early international search report that helped them understand whether their inventions would likely be granted in key markets like the United States, Europe, and Israel. They then selectively pursued national phase entry in countries with strong defence manufacturing ecosystems.

Lesson: If you are working in hardware, biotech, software, or any tech-heavy field, the PCT route gives you time (up to 30 months) and strategic information to plan your patent filings wisely.

Case 4: IKEA’s approach to design registration through the Hague System

While not Indian, IKEA provides a brilliant example of how the Hague System helps global businesses protect design identity. Known for its minimalist and instantly recognisable furniture, IKEA uses WIPO’s Hague System to register designs like chairs, tables, and lamps across dozens of countries with a single application.

If you are an Indian product designer, craft brand, or industrial studio, you can take a leaf out of IKEA’s book. As of now, India is not a member of the Hague System, so Indian applicants must file through a member country or directly with WIPO if eligible under specific conditions

Lesson: Industrial design is a powerful but underused IP right. Once India accedes to the Hague System, it will open up a world of possibilities for product designers and manufacturers.

Bonus: Anime creators in Japan and cross-border protection

WIPO’s Japan Office regularly showcases how manga and anime creators use a combination of the Madrid and PCT systems to protect titles, characters, and inventions used in animation technology.

From the trademark of the name Naruto to patents for unique visual effects in shows like Attack on Titan, creators and studios in Japan routinely rely on WIPO systems to block unauthorised merchandise and ensure licensing revenue abroad.

Lesson: If you are working in animation, gaming, or creative tech in India, WIPO tools can help you claim your space globally, whether you are building a character-driven IP or tech to support it.

Practical tips and common mistakes

By now, you are probably thinking: This all sounds promising, but where do I actually begin? Whether you are an independent creator, a startup founder, or a lawyer helping clients expand internationally, the WIPO systems can be incredibly valuable, provided you avoid a few common traps. Let us break it down into actionable tips.

Start with a solid national filing

This may sound obvious, but it is critical. Every WIPO system (except the Hague System in some cases) begins with a national application or registration.

If your national filing is weak, has unclear descriptions, incorrect classifications, or vulnerable claims, your entire international application could be compromised.

You can work with a local IP expert to ensure your initial application is watertight. It will form the foundation for everything that follows.

Be strategic about where you seek protection

Just because you can designate 50 countries does not mean you should. More designations mean more costs, and each country has its own rules, examiners, and enforcement challenges.

Think commercially. Ask yourself:

Where am I currently selling or exporting?
Where are my key competitors operating?
Where do I plan to license or franchise in the next 3–5 years?

A tip for you: Use WIPO’s Madrid and Hague fee calculators to estimate costs and align them with your business goals.

Do not ignore objections or deadlines

Each country gets a fixed period to raise objections, usually 12 or 18 months. But many applicants overlook emails or letters from foreign IP offices, resulting in missed deadlines and loss of rights.

You can monitor your WIPO correspondence diligently, and if you receive an objection, respond on time, preferably with professional help if the local rules are unfamiliar.

Use WIPO’s digital tools

WIPO is surprisingly tech-savvy. Their online portals offer:

Application tracking (Madrid Monitor, eHague, ePCT)
Fee calculators
Search databases (Global Brand Database, Patentscope, DesignView)

Tip: Bookmark these tools and use them before filing to check for prior registrations or similar marks/designs.

Budget in Swiss francs and local currencies

WIPO fees are paid in Swiss francs (CHF), which may fluctuate depending on your local currency’s performance. In addition, once your application reaches national offices, you may have to pay local prosecution fees, translation costs, or agent fees.

Tip: Build a two-tier IP budget: one for the WIPO phase, and one for the country-by-country follow-up.

Consider the enforcement strategy from day one

Protection is only half the story. If someone uses your IP in a designated country, will you have the resources to act? Can you work with a local lawyer? Is enforcement feasible in that market?

Tip: Do some enforcement research while deciding on your designated countries. An IP right without the means to enforce it is just paper.

Know when to get help

While WIPO allows individuals to file applications directly through online portals, complex applications often require professional assistance to avoid errors that could compromise protection.

This is especially true for:

PCT patent claims drafting
Madrid applications involving complex objections
Lisbon GI registrations involving multiple producers

Tip: Think of IP advice like insurance; you may not need it right away, but when you do, it can save your entire business.

Wrapping up: The world is your marketplace, if your IP is protected

We live in a time where everything holds value. It can be your work, be it a logo, a song, a product, a piece of code, that can reach ten countries overnight. But protecting that work across borders takes foresight and the right tools. The World Intellectual Property Organization actually offers a path to do that affordably, efficiently, and intelligently.

Do not worry, you do not need to be a multinational or have a fleet of lawyers to get started. With a bit of planning, a clear strategy, and the right guidance, your IP really can travel as far as your ambitions.

So the next time you sit with a client or draft your own application, ask: Is my IP ready for the world?

Because the world is definitely ready for it.

FAQs

Do I need to register my IP in my home country before using WIPO tools?

Yes. Most WIPO systems, such as the Madrid System for trademarks and the PCT for patents, require a national application or registration as the basis for your international application.

How expensive is it to file through WIPO?

Costs vary based on the number of countries you designate and the type of IP. WIPO provides online fee calculators (in Swiss francs) for each system. Additional fees may apply in individual countries during examination or enforcement.

How long does international protection take?

For trademarks under the Madrid System, most national offices respond within 12 to 18 months. For patents under the PCT, you get up to 30 months to decide on country-specific filings. The Hague and Lisbon systems also have standard timelines depending on the contracting parties.

Can I file WIPO applications by myself?

Yes, you can! WIPO allows individuals and companies to file directly. However, I have to tell you, for complex matters such as patents, objections, or multi-jurisdictional filings, professional assistance is recommended.

What happens if a country rejects my WIPO application?

So, each country has the right to examine your application independently. If a country issues a refusal, you can respond through a local representative in that jurisdiction. If no refusal is issued within the designated period, protection is generally granted, subject to any additional requirements under national laws of the designated countries.

Which countries are covered under WIPO systems?

WIPO systems cover a wide network. For instance, the Madrid System includes over 110 countries.

The PCT covers more than 150 countries.
The Hague System includes 90+ jurisdictions (India is not a member yet).
The Lisbon System includes several countries under its Geneva Act.

What kind of IP can I protect through WIPO?

Madrid System: Trademarks (brand names, logos, slogans)
PCT: Inventions (patents)
Hague System: Industrial designs (appearance of products)
Lisbon System: Geographical indications (products linked to regions)

What are the main advantages of using WIPO systems?

It is a single application for multiple countries, and centralised management and renewal. It will also help you with cost and time. It is also helpful for strategic planning for market expansion.

Legally and Factually Incorrect or Misleading Points

Claim: India is not yet a contracting party to the Hague System (Section: The Hague System – For industrial designs, Step-by-step: Using WIPO tools, Case 4: IKEA’s approach)
- Issue: The document states that India is not yet a member of the Hague System but mentions that accession is under active consideration. As of October 2023, India has not acceded to the Hague Agreement, but the statement about it being “under active consideration” lacks specificity and could be misleading without evidence of progress toward accession. By June 2025, India’s status may have changed, but the document does not provide a source or timeline for this claim, which weakens its factual accuracy.
- Correction: The document should clarify India’s current status with respect to the Hague System or avoid speculative statements about future accession unless supported by official WIPO or Indian government announcements. For accuracy, it could state: “As of the latest available information, India is not a member of the Hague System, so Indian applicants must file through a member country or directly with WIPO if eligible under specific conditions.”
Claim: The Madrid System covers over 130 countries (Section: WIPO’s key IP protection systems, FAQs)
- Issue: The document claims the Madrid System allows trademark registration in “over 130 countries.” As of October 2023, the Madrid System includes 130 countries (through 114 member states, some covering multiple jurisdictions, e.g., the EU). Stating “over 130” may exaggerate the number unless new members joined by June 2025, which is not substantiated in the document.
- Correction: The accurate number should be stated as “approximately 130 countries” or “130 countries as of the latest WIPO membership data,” with a note that the exact number depends on current membership, verifiable via WIPO’s official website.
Claim: If no objection is raised within 12–18 months, your trademark is protected in the designated country under the Madrid System (Section: The Madrid System – For trademarks, Step-by-step: Using WIPO tools)
- Issue: This statement oversimplifies the process. While the Madrid Protocol generally allows 12–18 months for national offices to raise objections (extendable in some cases), the absence of an objection does not automatically guarantee protection in all cases. Some countries may have additional procedural requirements, or protection may depend on resolving minor formalities. Additionally, the document does not mention that refusals can sometimes be issued after 18 months in exceptional cases (e.g., under Article 5(2)(c) of the Madrid Protocol for complex oppositions).
- Correction: The document should clarify that “if no refusal is issued within the 12–18 month period (or any extended period allowed under national law), the trademark is generally protected, subject to any additional national requirements.” This avoids implying automatic protection without exceptions.
Claim: The Hague System lets you register up to 100 designs in multiple countries through a single application (Section: The Hague System – For industrial designs)
- Issue: While it is true that the Hague System allows up to 100 designs in a single international application, the document does not clarify that this applies only to designs that are sufficiently related (e.g., variations of the same product or concept). Without this qualification, the statement could mislead readers into thinking they can bundle unrelated designs in one application, which may lead to rejections.
- Correction: Add a clarification: “The Hague System allows up to 100 related designs (e.g., variations of a product’s appearance) to be included in a single international application, subject to WIPO’s requirements for unity of design.”
Claim: The Lisbon System includes “several countries” under the Geneva Act (Section: FAQs)
- Issue: The document’s reference to the Lisbon System covering “several countries under its Geneva Act” is vague and potentially misleading. As of October 2023, the Geneva Act of the Lisbon Agreement (2015) has 44 contracting parties, which is a specific number, not a vague “several.” Additionally, the document does not clarify that the Lisbon System’s membership is smaller compared to other WIPO systems, which could affect its practical utility for some users.
- Correction: Specify the number of contracting parties, e.g., “As of the latest data, the Geneva Act of the Lisbon Agreement covers 44 countries, though membership is more limited than other WIPO systems.” This provides a clearer picture of the system’s scope.
Claim: The PCT does not grant a global patent but gives more time and strategic clarity before entering national phases (Section: The Patent Cooperation Treaty (PCT) – For patents)
- Issue: While this statement is technically correct, it could be misleading by implying that the PCT process inherently provides “strategic clarity.” The International Search Report (ISR) and Written Opinion provide an initial assessment of patentability, but their non-binding nature means they do not guarantee patent grants in national phases. The document should clarify that the strategic value depends on how applicants use the ISR and optional preliminary examination, which may not always provide definitive clarity.
- Correction: Revise to: “The PCT does not grant a global patent but provides an International Search Report and Written Opinion, which offer non-binding insights into patentability, helping applicants make informed decisions before entering costly national phases.”
Claim: India secured protection for Basmati rice under the Lisbon System in 2023 (Section: Real-life strategies: Case 1: The “Basmati” battle)
- Issue: The document claims that India secured protection for Basmati rice as a Geographical Indication (GI) under the Geneva Act of the Lisbon Agreement in 2023. As of October 2023, India is a member of the Geneva Act (having acceded in 2021), but there is no widely documented evidence that Basmati rice was specifically registered as a GI under the Lisbon System in 2023. The Basmati GI dispute has primarily been fought in national jurisdictions (e.g., India and Pakistan) and in the EU, but not necessarily through the Lisbon System. This claim requires verification, as it may be inaccurate or speculative.
- Correction: Unless specific evidence exists, revise to: “India has been working to protect Basmati rice as a GI in international markets, including through potential use of the Lisbon System’s Geneva Act, which India joined in 2021. For example, India has pursued GI protection inEAD in the EU and other jurisdictions.” Alternatively, provide a verifiable source for the 2023 Lisbon System claim.
Claim: If no refusal is issued within the designated period, the protection is automatically granted (Section: FAQs, Question 5)
- Issue: This statement is overly absolute. While it is generally true that protection is granted if no refusal is issued within the designated period (12–18 months under the Madrid System, for example), some countries may impose additional formalities or conditions that could delay or affect protection. The term “automatically granted” oversimplifies the process, as national laws may require further steps (e.g., payment of additional fees or compliance with local formalities).
- Correction: Clarify: “If no refusal is issued within the designated period, protection is generally granted, subject to any additional requirements under national laws of the designated countries.”
Omission: No mention of potential challenges with enforcement in foreign jurisdictions
- Issue: The document emphasizes the ease of obtaining protection through WIPO systems but does not adequately address the practical challenges of enforcing IP rights in foreign jurisdictions. Enforcement can be complex due to differing legal systems, costs, and local practices, which could mislead readers into underestimating the effort required post-registration.
- Correction: Add a section or note: “While WIPO systems simplify obtaining international IP protection, enforcing these rights in foreign jurisdictions may require local legal assistance and can involve significant costs and complexities due to varying national laws.”
Claim: You can file many WIPO applications on your own (Section: Practical tips and common mistakes, Tip 7)
- Issue: While technically true that individuals can file WIPO applications directly (e.g., via eHague or ePCT portals), the document underplays the complexity of preparing legally robust applications, especially for patents under the PCT or Madrid System applications facing objections. Self-filing without expertise often leads to errors, such as improper claims or classifications, which can jeopardize protection.
- Correction: Revise to: “While WIPO allows individuals to file applications directly through online portals, complex applications (e.g., PCT patent claims or Madrid objections) often require professional assistance to avoid errors that could compromise protection.”

Additional Notes

General Tone and Simplification: The document’s conversational tone and use of examples make it accessible, but it occasionally oversimplifies legal processes (e.g., “automatic” protection, “strategic clarity” of PCT). This could mislead non-expert readers into underestimating the need for professional guidance.
Lack of Sources for Case Studies: The real-life examples (e.g., House of Masaba, Tonbo Imaging, Basmati rice) are compelling but lack citations or verifiable details. For instance, it’s unclear whether House of Masaba actually used the Madrid System, as claimed. Such claims should be backed by references or marked as illustrative examples.
Currency Fluctuation Mention: The document correctly notes that WIPO fees are in Swiss francs (CHF) and mentions currency fluctuation risks. However, it could clarify that applicants should check exchange rates at the time of filing, as this practical detail is often overlooked.

Recommendations for Improvement

Provide verifiable sources or clarify that case studies are illustrative if not factually confirmed.
Include more precise data on WIPO membership (e.g., exact number of countries for each system).
Clarify procedural nuances, such as additional national requirements or enforcement challenges.
Avoid speculative statements (e.g., India’s Hague System accession) unless supported by evidence.
Emphasize the importance of professional assistance for complex filings to balance the encouragement of self-filing.