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The Paris Convention for the Protection of Industrial Property, signed in
Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. Si ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, on 20 March 1883, was one of the first
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
. It established a Union for the protection of industrial property. The convention is currently still in force. The substantive provisions of the Convention fall into three main categories: national treatment,
priority right In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority ...
and common rules.


Contents


National treatment

According to Articles 2 and 3 of this treaty, juristic and natural persons who are either national of or domiciled in a state party to the Convention shall, as regards the protection of industrial property, enjoy in all the other countries of the Union, the advantages that their respective laws grant to nationals. In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if the intellectual property right is granted (e.g. if the applicant becomes owners of a patent or of a registered trademark), the owner benefits from the same protections and the same legal remedy against any infringement as if the owner was a national owner of this right.


Priority right

The "''Convention priority right''", also called "''Paris Convention priority right''" or "''Union priority right''", was also established by Article 4 of the Paris Convention, and is regarded as one of the cornerstones of the Paris Convention. It provides that an applicant from one contracting State shall be able to use its first filing date (in one of the contracting States) as the effective filing date in another contracting State, provided that the applicant, or his successor in title, files a subsequent application within 6 months (for
industrial design Industrial design is a process of design applied to physical products that are to be manufactured by mass production. It is the creative act of determining and defining a product's form and features, which takes place in advance of the manufactu ...
s and trademarks) or 12 months (for patents and utility models) from the first filing.


Temporary protection for goods shown at some international exhibitions

Article 11(1) of the Paris Convention requires that the Countries of the Union "grant temporary protection to patentable inventions, utility models, industrial designs, and trademarks, in respect of goods exhibited at official or officially recognized international exhibitions held in the territory of any of them". If a patent or trademark registration is applied for during the temporary period of protection, the priority date of the application may be counted "from the date of introduction of the goods into the exhibition" rather than from the date of filing of the application, if the temporary protection referred to in Article 11(1) has been implemented in such a manner in national law. There are, however, other means for the Countries of the Union to implement in their national law the temporary protection provided for in Article 11 of the Paris Convention:


Mutual independence of patents and trademarks in the different Countries of the Union

According to Articles 4bis and 6 (for patents and trademarks respectively), for foreigners, the application for a patent or the registration of a trademark shall be determined by the member state in accordance with their national law and not by the decision of the country of origin or any other countries. Patent applications and trademark registrations are independent among contracting countries.


History

After a diplomatic conference in Paris in 1880, the convention was signed on 20 March 1883 by 11 countries: Belgium, Brazil, France, Guatemala, Italy, the Netherlands, Portugal, El Salvador,
Kingdom of Serbia The Kingdom of Serbia ( sr-cyr, Краљевина Србија, Kraljevina Srbija) was a country located in the Balkans which was created when the ruler of the Principality of Serbia, Milan I, was proclaimed king in 1882. Since 1817, the Prin ...
, Spain and Switzerland. Guatemala, El Salvador and Serbia denounced and reapplied the convention via accession. The Treaty was revised at
Brussels Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
, Belgium, on 14 December 1900, at Washington, United States, on 2 June 1911, at
The Hague The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital o ...
, Netherlands, on 6 November 1925, at London, on 2 June 1934, at Lisbon, Portugal, on 31 October 1958, and at Stockholm, Sweden, on 14 July 1967. It was amended on 28 September 1979.


Contracting parties

As of 21 April 2022, the convention has 179 contracting member countries, which makes it one of the most widely adopted treaties worldwide.


Administration

The Paris Convention is administered by the
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishi ...
(WIPO), based in
Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaking part of Switzerland. Situa ...
, Switzerland.WIPO web site
''What is WIPO?''
Consulted on 10 August 2007.


See also

*
Agreement on Trade-Related Aspects of Intellectual Property Rights The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by na ...
(TRIPs) *
Berne Convention for the Protection of Literary and Artistic Works The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of leg ...
*
Budapest Treaty The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, or Budapest Treaty, is an international treaty signed in Budapest, Hungary, on April 28, 1977. It entered into force on A ...
*
Convention Establishing the World Intellectual Property Organization The WIPO Convention (formally, the Convention establishing the World Intellectual Property Organization) is the multilateral treaty that established the World Intellectual Property Organization (WIPO). The convention was signed at Stockholm ...
(WIPO Convention) * Patent Cooperation Treaty (PCT) *
Patent Law Treaty The Patent Law Treaty (PLT) is a patent law multilateral treaty concluded on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation (an intergovernmental organization). It aims at harmonizing formal procedures suc ...
(PLT) * US provisional patent application *
Substantive Patent Law Treaty The Substantive Patent Law Treaty (SPLT) is a proposed international patent law treaty aimed at harmonizing substantive points of patent law. In contrast with the Patent Law Treaty (PLT), signed in 2000 and now in force, which only relates to form ...
(SPLT) *
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishi ...
(WIPO)


References


Further reading

* * Schuyler, William E. "Paris Convention for the Protection of Industrial Property-A View of the Proposed Revisions." ''NCJ Int'l L. & Com. Reg.'' 8 (1982): 155+
online
*


External links



at the
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishi ...
(WIPO)
''Haberman v Comptroller''
a UK court decision that helps to understand the concept of priority. {{DEFAULTSORT:Paris Convention for the Protection of Industrial Property Intellectual property treaties Patent law treaties Trademark legislation World Intellectual Property Organization treaties 1883 in France 1883 treaties Industrial design Treaties entered into force in 1884 Treaties of Albania Treaties of Algeria Treaties of Andorra Treaties of Antigua and Barbuda Treaties of Angola Treaties of Argentina Treaties of Armenia Treaties of Australia Treaties of Austria-Hungary Treaties of Azerbaijan Treaties of the Bahamas Treaties of Bahrain Treaties of Bangladesh Treaties of Barbados Treaties of Belarus Treaties of Belgium Treaties of Belize Treaties of the Republic of Dahomey Treaties of Bhutan Treaties of Bolivia Treaties of Bosnia and Herzegovina Treaties of Botswana Treaties of the Empire of Brazil Treaties of the Kingdom of Bulgaria Treaties of Brunei Treaties of Burkina Faso Treaties of Burundi Treaties of 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