The Three Basic Principles of International Intellectual Property Protection

The Three Principles of International Intellectual Property Protection

In today's globalized world, the protection of intellectual property has become an important issue that countries around the world are paying close attention to. In order to promote innovation and development on a global scale, the international community has coordinated the positions of different countries in the protection of intellectual property through a series of rules and agreements. Among these rules, three core principles are particularly crucial the principle of national treatment, the principle of most-favored-nation treatment, and the principle of transparency. These three principles form the basic framework for international intellectual property protection, providing important legal basis for the global intellectual property system.

The principle of national treatment is one of the cores of international intellectual property protection. This principle first appeared in the Paris Convention, with its core being to ensure that foreign rights holders enjoy the same treatment as domestic rights holders in their own country. For example, in the field of trademarks, this means that a trademark registrant of a country should be able to enjoy the same rights as local trademark registrants when their trademarks are recognized by other countries. The significance of this principle lies in eliminating discriminatory treatment against foreign rights holders, thereby encouraging cross-border innovation exchanges and technology transfers. For instance, a 2025 report released by the World Intellectual Property Organization shows that due to the implementation of the principle of national treatment, more and more companies have chosen to expand their RD activities into international markets, thus promoting the coordinated development of the global economy.

The principle of most-favored-nation treatment is another important foundational principle. It requires that any rights or advantages given by one country to another must also be extended to all other WTO members. This principle was first reflected in the Agreement on Trade-Related Aspects of Intellectual Property Rights TRIPS Agreement, with the aim of avoiding unfair competition caused by differentiated treatments among member states. For example, when a specific technology tax incentive policy is implemented in a certain country, such policy must be open to all WTO members. This approach not only helps maintain international trade order but also effectively prevents some countries from using intellectual property protection as a trade barrier. In recent years, with the rapid development of cross-border e-commerce, the principle of most-favored-nation treatment has played an important role in resolving cross-border intellectual property disputes. For example, the European Court of Justice has repeatedly ruled that when a member state takes special restrictive measures against products from a specific country, it must provide sufficient reasons and prove that these measures comply with the requirements of the principle of most-favored-nation treatment.

The principle of transparency is the third key principle, emphasizing that intellectual property-related laws, regulations, and policies should be open and transparent so that the public can know and follow them. This principle originates from Article 63 of the TRIPS Agreement, aiming to enhance the predictability and consistency of intellectual property protection. The importance of the principle of transparency lies in providing clear behavioral guidelines for right holders, while reducing disputes caused by information asymmetry. For example, in 2025, a Chinese company had its patent application rejected because it failed to obtain the latest review standards in time. Subsequent investigations found that this was because the relevant review guidelines were not updated and published on official platforms in a timely manner. This incident highlighted the importance of the principle of transparency in practice. Since then, China has strengthened the openness of its intellectual property laws and regulations and established a more complete online query system, making it easier for businesses and individuals to access relevant information.

In summary, the principle of national treatment, the principle of most-favored-nation treatment, and the principle of transparency constitute the basic framework of international intellectual property protection. These three principles not only protect the legitimate rights and interests of rights holders in various countries on the international stage but also lay a solid foundation for global technological innovation and economic cooperation. In the future, with the advancement of science and technology and the acceleration of globalization, these principles still need to be continuously adjusted and improved to meet new challenges and needs. By continuously optimizing the intellectual property protection mechanism, we can better achieve the goal of innovation-driven development and make greater contributions to the well-being of all humanity.