The Paris Convention established the first international framework for protecting industrial property rights like patents and trademarks. It originated in 1883 with 11 signatory states and has since been revised multiple times to expand coverage and harmonize divergent national laws. Key principles of the Convention include national treatment, the right of priority for patent and trademark applications, and common minimum standards for protecting inventions, marks, industrial designs, and combating unfair competition across signatories. The Convention created the Paris Union administrative body to facilitate cooperation between member states on industrial property issues.
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Paris Convention
The Paris Convention established the first international framework for protecting industrial property rights like patents and trademarks. It originated in 1883 with 11 signatory states and has since been revised multiple times to expand coverage and harmonize divergent national laws. Key principles of the Convention include national treatment, the right of priority for patent and trademark applications, and common minimum standards for protecting inventions, marks, industrial designs, and combating unfair competition across signatories. The Convention created the Paris Union administrative body to facilitate cooperation between member states on industrial property issues.
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INTRODUCTION
The Paris Convention originated from the first
International Patent Congress, which took place in Vienna in 1873. On March 20,1883 the Paris union was concluded and signed by 11, states with varying degrees of Industrial development and entered in to force in 1884. The Paris Convention, adopted in 1883, applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition. This international agreement was the first major step taken to help creators ensure that their intellectual works were protected in other countries. HISTORY History of the Convention The impetus of the Paris Convention appears to have been two-fold: to avoid the unwanted loss of eligibility for patent protection through publication of patent applications and participation in international exhibitions in advance of filing national patent applications; and a desire that the diverse patent laws of nations be harmonized to some degree. Prior to the Convention, those wanting protection for inventions in multiple countries needed to file patent applications in all such countries simultaneously, and needed to do so prior to any publication or exhibition of the invention at a trade fair, in order to avoid the unintentional loss of eligibility of patent protection in one or more of the countries. The challenge then facing inventors caused many who had been invited to the Austria-Hungary international exhibition of inventions held in Vienna in 1873 to be unwilling to exhibit their inventions, leading to the enactment of a special Austrian law the secured temporary protection to exhibitors and to the Congress of Vienna for Patent Reform, convened that same year. REVISIONS The Treaty was revised at Brussels, Belgium, on 14 December 1900, Washington, United States, on 2 June 1911, The Hague, Netherlands, on 6 November 1925, London, United Kingdom, on 2 June 1934, Lisbon, Portugal, on 31 October 1958, Stockholm, Sweden, on 14 July 1967, And was amended on 28 September 1979. OBJECTIVES Its objectives were to secure legal protection for industrial property and to encourage uniformity of law .It achieved these goals by providing a truly multilateral treaty, with liberal rules of accession and an administrative structure that permitted further organizational development. It largely superseded the chaotic system of bilateral treaties. PRINCIPLES NATIONAL TREATMENT Under the provisions on national treatment, the Convention provides that, as regards the protection of industrial property, each Contracting State must grant the same protection to nationals of other Contracting States that it grants to its own nationals. Nationals of non- Contracting States are also entitled to national treatment under the Convention if they are domiciled or have a real and effective industrial or commercial establishment in a Contracting State. RIGHT OF PRIORITY The Convention provides for the right of priority in the case of patents (and utility models where they exist), marks and industrial designs. This right means that, 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 subsequent applications will be regarded as if they had been filed on the same day as the first application. COMMON RULES The Convention lays down a few common rules that all Contracting States must follow. The most important are: (a) Patents. Patents granted in different Contracting States for the same invention are independent of each other: the granting of a patent in one Contracting State does not oblige other Contracting States to grant a patent; a patent cannot be refused, annulled or terminated in any Contracting State on the ground that it has been refused or annulled or has terminated in any other Contracting State. (b) Marks. The Paris Convention does not regulate the conditions for the filing and registration of marks which are determined in each Contracting State by domestic law. Consequently, no application for the registration of a mark filed by a national of a Contracting State may be refused, nor may a registration be invalidated, on the ground that filing, registration or renewal has not been effected in the country of origin. (c) Industrial Designs Industrial designs must be protected in each Contracting State, and protection may not be forfeited on the ground that articles incorporating the design are not manufactured in that State. (d) Trade Names Protection must be granted to trade names in each Contracting State without there being an obligation to file or register the names. (e) Indications of Source Measures must be taken by each Contracting State against direct or indirect use of a false indication of the source of goods or the identity of their producer, manufacturer or trader. (f) Unfair competition. Each Contracting State must provide for effective protection against unfair competition. ADMINISTRATIVE FRAMEWORKS AND FINAL CLAUSES The Paris Union, established by the Convention, has an Assembly and an Executive Committee. Every State that is a member of the Union and has adhered to at least the administrative and final provisions of the Stockholm Act (1967) is a member of the Assembly. The members of the Executive Committee are elected from among the members of the Union, except for Switzerland, which is a member ex officio. The establishment of the biennial program and budget of the WIPO Secretariat – as far as the Paris Union is concerned – is the task of its Assembly. CONCLUSION The Paris Convention applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models (a kind of "small-scale patent" provided for by the laws of some countries), service marks, trade names (designations under which an industrial or commercial activity is carried out), geographical indications (indications of source and appellations of origin) and the repression of unfair competition.