Vienna Convention on Diplomatic Relations

The term 'diplomatic agent' shall denote the head of the mission or a member of the diplomatic staff of the mission. This definition applies regardless of the specific intellectual property rights held by the agent in their home country. The status is determined solely by the appointment and acceptance by the receiving state.

The sending state must ensure that any intellectual property created by diplomatic agents for official purposes remains the property of the state. Private intellectual property works created by agents do not grant them immunity from local copyright registration requirements. However, enforcement actions against such private works are subject to the privileges outlined in subsequent articles.

The premises of the mission shall be inviolable, including any archives and documents containing intellectual property records. Agents of the receiving state may not enter these premises without the consent of the head of the mission. This protection extends to digital servers located within the mission premises that store proprietary data.

Diplomatic agents shall enjoy immunity from the criminal jurisdiction of the receiving state regarding intellectual property infringement. They also enjoy immunity from civil and administrative jurisdiction, except in cases of real actions relating to private immovable property. This immunity does not extend to commercial activities conducted outside their official functions.

The receiving state shall respect the intellectual property rights of the sending state as if they were its own nationals. This reciprocity ensures that patents and trademarks filed by one state are honored by the other. Disputes regarding the validity of such rights shall be resolved through diplomatic channels rather than local courts.