Globalization and the Rise of International IP Treaties

In today’s interconnected economy, intellectual property (IP) rarely stops at national borders. A song recorded in Los Angeles may be streamed in Seoul, a film produced in London may premiere in São Paulo, and a technology patented in Silicon Valley may be manufactured in Shenzhen. Without international frameworks, creators and businesses would struggle to protect their rights abroad—and royalties could easily be lost in translation.

The twentieth century and beyond saw the steady globalization of IP rights, driven by treaties, trade agreements, and cross-border licensing systems. For creators, entertainment professionals, and businesses, these international arrangements underpin how royalties are collected and protected worldwide.

Building Blocks: The Paris and Berne Conventions

The first global IP agreements laid down principles that remain in place today.

• Paris Convention (1883): Established equal treatment for foreign and domestic patent and trademark applicants and created the “priority right,” allowing inventors to claim their first filing date internationally. This made it possible for inventors to protect their creations across multiple markets without starting from scratch in each country.

• Berne Convention (1886): Focused on copyright, guaranteeing authors control over their works for at least 50 years after death, with protection applied automatically without the need for registration. This fueled cross-border trade in books, music, films, and later, software.

Together, these treaties created the foundation for international IP rights. Over time, their administration evolved into today’s World Intellectual Property Organization (WIPO), which now has near-universal membership and manages dozens of IP treaties.

TRIPS: Linking Trade and IP

By the late twentieth century, policymakers recognized that IP could not be separated from global commerce. The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), adopted in 1994 through the World Trade Organization (WTO), brought IP squarely into the trade system.

TRIPS established minimum standards across patents, trademarks, copyrights, and industrial designs, while also introducing enforcement mechanisms like injunctions, damages, and dispute resolution. It required countries to treat foreign rights holders fairly and transparently, while allowing developing nations extra time to adapt.

While praised for creating consistency, TRIPS also sparked criticism for placing heavy obligations on developing countries and raising questions about access to medicine, knowledge, and technology. Nonetheless, it remains one of the most influential agreements in global IP governance.

WIPO Treaties, Regional Agreements, and the Digital Shift

As technology advanced, new treaties updated the system:

• Patent Cooperation Treaty (PCT): Streamlined international patent filings.

• Madrid System: Enabled global trademark protection through one application.

• Hague System: Simplified industrial design registration.

• WIPO Copyright Treaty (WCT) & WIPO Performances and Phonograms Treaty (WPPT): Extended copyright protections to the digital world, including performers’ rights and anti-piracy measures.

On a regional level, the European Union, African Regional Intellectual Property Organization (ARIPO), and others created harmonized systems within their territories. Many free trade agreements also included “TRIPS-plus” provisions, adding stricter standards on issues like data protection and patent terms.

These instruments were essential for adapting IP rights and royalties to the digital age, ensuring that creators and rights holders could be compensated even as works circulated globally online.

Global Licensing and Collective Management

International treaties also made global licensing possible. Today, creators and businesses can:

• File one patent through the PCT to secure rights in multiple countries.

• Protect trademarks worldwide with the Madrid System.

• Rely on collective management organizations (CMOs) that have reciprocal agreements with foreign counterparts, ensuring royalties flow across borders.

For example, when a song streams on Spotify in a foreign country, the local CMO collects performance royalties and remits them back to the songwriter’s home society. This infrastructure enables creators to earn royalties from global audiences without individually tracking every market.

Still, challenges remain. Enforcement varies widely, piracy persists, and cultural disputes over issues like traditional knowledge and geographical indications often complicate matters. The COVID-19 pandemic further highlighted tensions between IP rights and public health, as debates over vaccine access put TRIPS obligations under scrutiny.

Looking Ahead: The Future of Global IP

Global IP is still evolving. Recent treaties like the Marrakesh Treaty (2013) expand access for the visually impaired by allowing the cross-border exchange of works in accessible formats. Ongoing negotiations address issues such as genetic resources, traditional knowledge, and the protection of broadcasters’ rights.

Meanwhile, emerging technologies—AI, blockchain, and 3D printing—raise pressing questions about whether existing frameworks are sufficient. Policymakers now face the delicate task of incentivizing innovation while balancing access, equity, and sustainability.

Final Thoughts

Globalization transformed intellectual property from a local concern into an international asset class. For creators and businesses, understanding treaties like Paris, Berne, and TRIPS—and how they shape global licensing and royalties—is critical to protecting and monetizing intellectual property.

At newmediafs.com, we specialize in helping creators and entertainment professionals navigate this complex landscape. Whether through royalty audits, entertainment accounting, or CPA services for creators, we ensure your IP works for you—not just at home, but across the globe