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Paris Convention for the Protection of Industrial Property

Update:2019-11-04  View:2675

The basic purpose of the Paris Convention is to ensure that the industrial property rights of a member state are protected in other member states. However, due to conflicts of interest among the member states, the Convention fails to formulate a unified "industrial property law", but Domestic legislation is based on protection, so it does not exclude the territoriality of patent validity. While respecting the domestic legislation of each member, the Convention sets out several basic principles that member states must abide by in order to coordinate the legislation of each member state and make it consistent with the provisions of the Convention.

The basic principles and important provisions of the Paris Convention are:

1. The principle of national treatment. Legally granting other member states the same treatment as their nationals;

2. The principle of priority. The trademark enjoys a priority of 6 months. The invention and utility model are 12 months, and the industrial design is 6 months, provided that the applicant must complete the first qualified application in one of the member states, and the content of the first application and other members in the future The content of patent applications filed by the State must be identical.

3. The principle of independence of trademarks. The conditions for applying for and registering a trademark are determined by the national laws of each member state and are independent. After a trademark has been registered in a member state, it is independent of the original trademark, even if the original registered country has revoked the trademark, or because it has not been renewed, it does not affect its protection in other member states. .

4. Compulsory license patent principle. The Convention stipulates that compulsory licenses may be approved under certain conditions to prevent the patentee from misusing the patent rights. A patent shall not be implemented or fully implemented by the patentee for a period of four years from the date of filing, or for a three-year period from the date of approval of the patent (whichever is longer). Take legislative measures to approve compulsory licenses and allow third parties to implement the patent. If, after two years of the first approval of the compulsory license, the patent has not been prevented from being abused, the procedure for revoking the patent may be filed. The Convention also provides for compulsory licenses, which are not exclusive and may not be transferred; however, it is permissible to transfer them together with the part of the enterprise or brand that uses such permission.

5. Use of trademarks. The Convention stipulates that a. a registered trademark of a member state must be used, and its registration can only be revoked after a reasonable period of time and the parties cannot submit a justification for not using it. b. Any trademark that has been registered in a member state, when registered in a member state, changes the pattern of the subsidiary part of the trademark, and does not change the important part of the original trademark, and does not affect the distinctive features of the trademark, and may not refuse to register. c. If a trademark is owned by several industrial and commercial companies, it does not affect its application for registration and legal protection in other member states, but this commonly used trademark is premised on not deceiving the public.



6. Protection of well-known trademarks. "Whether or not a well-known trademark acquires a trademark registration," all member states of the Convention shall prohibit others from using trademarks of the same or similar well-known trademarks and refuse to register trademarks that are identical or similar to well-known trademarks.

7. Transfer of trademark rights. If the law of its member states stipulates that the transfer of the trademark right should be effective with the transfer of the business, it is sufficient to transfer the business of the country to be valid, and it is not necessary to transfer all domestic and foreign business. However, such an assignment shall be conditional on not causing the public to misunderstand the source, nature or important quality of the goods to which the mark is attached.

8. Temporary protection of exhibition products. Member States of the Convention shall, in accordance with their national laws, provide provisional legal protection for patents and trademarks of products exhibited in products exhibited at official or officially recognized international exhibitions held in the member states of the Convention.


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