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Highlights of the Paris Convention

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introduced international framework for industrial property rules for the first time ... the restoration of patents which have lapsed by reason of non payment of fees ... – PowerPoint PPT presentation

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Title: Highlights of the Paris Convention


1
Highlights of the Paris Convention IGNOU, New
Delhi India April 2005
Anil Sinha Senior Program OfficerWIPO Worldwide
Academy World Intellectual Property Organization
(WIPO)
2
The Paris Convention
  • For the protection of industrial property

3
Objectives
  • The Paris Convention
  • introduced international framework for industrial
    property rules for the first time
  • was adopted at Paris in 1883
  • revised many times
  • latest Act is the Stockholm Act, of 1967
  • has over 180 member States

4
Scope
  • The Convention applies to industrial property in
    the widest sense, including
  • patents,
  • marks,
  • industrial designs,
  • utility models (a kind of small patent provided
    for by the laws of some countries),
  • trade names (designations under which an
    industrial or commercial activity is carried on),
  • geographical indications (indications of source
    and appellations of origin)
  • and the repression of unfair competition

5
Substantive provisions
  • substantive provisions of the Convention fall
    into three main categories
  • national treatment,
  • right of priority,
  • common rules.
  • incorporation of Articles 1 to 12 and 19, in TRIPS

6
National treatment
  • each contracting State must grant the same
    protection to nationals of the other contracting
    States as it grants to its own nationals
  • no requirement as to domicile or establishment in
    the country where protection is claimed may be
    imposed
  • similar treatment for nationals of non-member
    countries who are domiciled or who have real and
    effective industrial or commercial establishments
  • exceptions relating to judicial and
    administrative procedure and to jurisdiction, and
    to the designation of an address for service or
    the appointment of an agent

7
Right of priority
  • on the basis of a regular first application filed
    in one of the contracting States,
  • the applicant may,
  • within a certain period of time (12 months for
    patents and utility models 6 months for
    industrial designs and marks),
  • apply for protection in any of the other
    contracting States
  • these later applications will then be regarded as
    if they had been filed on the same day as the
    first application.

8
Right of priority
  • by a regular national filing is meant
  • any filing that is adequate to establish the date
    on which the application was filed in the country
    concerned,
  • whatever may be the subsequent fate of the
    application.
  • any subsequent filing in any of the other member
    countries
  • before the expiration of the periods referred to
    above shall not be invalidated by reason of any
    acts accomplished in the interval, in particular,
    another filing, the publication or exploitation
    of the invention, the putting on sale of copies
    of the design, or the use of the mark...

9
Common rules
  • Independence of patents
  • Patents applied for shall be independent of
    patents obtained for the same invention in other
    countries, whether members of the Union or not
  • Mention of the Inventor in the Patent
  • The inventor shall have the right to be mentioned
    as such in the patent.

10
Common rules
  • Compulsory licenses and forfeiture of patents
  • importation by the patentee of the patented
    articles will not result in forfeiture of the
    patent
  • right to grant of compulsory licenses to prevent
    abuses resulting from the exercise of the
    exclusive rights conferred by the patent, for
    example, failure to work, subject to certain
    conditions
  • a compulsory license will be non-exclusive and
    non-transferable
  • it will be refused if the patentee justifies his
    inaction by legitimate reasons

11
Common rules
  • Grace period
  • at least six months allowed for the payment of
    fees prescribed for maintenance of industrial
    property rights,
  • subject to the payment of a surcharge, if
    provided for in the national law
  • right to provide for the restoration of patents
    which have lapsed by reason of nonpayment of
    fees

12
Common rules
  • Independence of Marks
  • registration of a mark may not be refused nor
    invalidated, on the ground that filing,
    registration, or renewal, has not been effected
    in the country of origin.
  • a registered mark shall be regarded as
    independent of marks registered in other
    countries, including the country of origin
  • Well-known Marks
  • prohibition on the use, of a trademark which
    constitutes a reproduction, an imitation, or a
    translation, liable to create confusion with a
    mark considered to be well known in that country
    and used for identical or similar goods.

13
Common rules
  • State emblems
  • prohibition of the use, without authorization by
    the competent authorities, either as trademarks
    or as elements of trademarks, of armorial
    bearings, flags, and other State emblems, of the
    countries of the Union, official signs and
    hallmarks indicating control and warranty adopted
    by them, and any imitation from a heraldic point
    of view
  • similar prohibitions concerning armorial
    bearings, flags, other emblems, abbreviations,
    and names, of international intergovernmental
    organizations of which one or more countries of
    the Union are members

14
Common rules
  • Service marks
  • protection of service marks without requirement
    to provide for the registration of such marks.
  • Collective marks
  • protection of collective marks belonging to
    associations even if such associations do not
    possess an industrial or commercial
    establishment.
  • Trade names
  • protection without the obligation of filing or
    registration, whether or not it forms part of a
    trademark.

15
Common rules
  • Unfair competition
  • any act of competition contrary to honest
    practices in industrial or commercial matters
    constitutes an act of unfair competition
  • prohibition of
  • all acts which create confusion with the
    establishment, the goods, or the industrial or
    commercial activities, of a competitor
  • false allegations which discredit the
    establishment, the goods, or the industrial or
    commercial activities, of a competitor
  • indications or allegations is liable to mislead
    the public as to the nature, the manufacturing
    process, the characteristics, the suitability for
    their purpose, or the quantity, of the goods.

16
Common rules
  • Temporary protection
  • grant temporary protection to patentable
    inventions, utility models, industrial designs,
    and trademarks, in respect of goods exhibited at
    official or officially recognized international
    exhibitions
  • not extending beyond the period provided for in
    the right of priority
  • may require, as proof of the identity of the
    article exhibited and of the date of its
    introduction, such documentary evidence as it
    considers necessary

17
Common rules
  • Seizure on importation and Remedies
  • All goods unlawfully bearing a trademark or trade
    name shall be seizureed on importation into those
    countries of the Union where such mark or trade
    name is entitled to legal protection
  • Seizure shall take place at the request of the
    public prosecutor, or any other competent
    authority, or any interested party
  • assure nationals of the other countries,
    including federations and associations,
    appropriate and effective legal remedies (action
    in the courts or before the administrative
    authorities) to repress all acts of infringement
    and unfair competition

18
Thank you
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