Industrial Property
Paris Convention
21 Sep 2002
Paris Union
Art. 1 of the Convention
establishes a union: for the protection of industrial property ("the
Paris Union") with an assembly and executive committee.
Industrial Property
The same article provides that the protection of industrial property has as
its object patents, utility models, industrial designs, trademarks, service
marks, trade names, indications of source or appellations of origin, and the
repression of unfair competition. "Industrial property" is to be understood
in the broadest sense and applies not only to industry and commerce proper,
but also to agricultural and extractive industries and to all manufactured
or natural products including wines, grain, tobacco leaf, fruit, cattle,
minerals, mineral waters, beer, flowers, and flour.
Reciprocal Protection
The key provision is art. 2 requiring nationals of any country of the
Union to enjoy in all other countries the advantages that the laws of those
countries grant to their own nationals, including the same protection and
remedies against infringement provide national conditions and formalities
are complied with.
Priority
An applicant for a patent, utility model, industrial design or
trademark, in any of those countries is entitled to a right of priority of
12 months for patents and utility models, and 6 for industrial designs and
trademarks pursuant to
art. 4.
Use and Compulsory
Licensing
Art. 5 restricts the
conditions that can be imposed as to how a patent, utility model, design or
trade mark is to be used. Compulsory licensing is allowed where a patent or
utility model has not been worked within 3 years of the grant or 4 of the
application.
Industrial Designs
Industrial designs are to be protected in all countries of the Union.
Trade
Marks
The conditions for filing and registering trade marks may be determined in
each country of the Union by its domestic legislation. Service marks are to
be protected though not necessarily registered. Collective marks are also to
be protected subject to such conditions as national legislatures may impose.
A mark duly registered in one country of the Union is to be regarded as
independent of marks registered in the other countries including the country
of origin. Special provision is made for the protection of well-known marks
and various state and international emblems.
Trade Names and
Unfair Competition
Trade names are to be protected in all the countries of the Union under art.
8 without the obligation of filing or registration, whether or not the name
forms part of a trade mark. Art. 10bis and art. 10ter provide remedies for
unfair competition.
Seizure on
Importation
Provision is made in
arts. 9 and
10 for seizure of infringing
goods on importation.
