HOME

TheInfoList



Click Here for Items Related To - Paris Convention For The Protection Of Industrial Property
OR:
Paris Convention For The Protection Of Industrial Property on:   [Wikipedia]   [Google]   [Amazon]

The Paris Convention for the Protection of Industrial Property, signed in
Paris Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, largest city of France. With an estimated population of 2,048,472 residents in January 2025 in an area of more than , Paris is the List of ci ...
,
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
, on 20 March 1883, is 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 sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
. It established a Union for the protection of industrial property. The convention is still in force with substantive provisions of the Convention fall into three main categories: national treatment, priority right 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 A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
or a
trademark A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service f ...
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 generally 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 the applicant's successor in title, files a subsequent application within 6 months (for
industrial design Industrial design is a process of design applied to physical Product (business), 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 adva ...
s and
trademark A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service f ...
s) or 12 months (for
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
s and
utility model A utility model is a patent-like intellectual property right to protect inventions. This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada. Although a utility model is similar to a patent ...
s) 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
invention An invention is a unique or novelty (patent), novel machine, device, Method_(patent), method, composition, idea, or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It m ...
s, 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
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
s and
trademark A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service f ...
s 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 was a country located in the Balkans which was created when the ruler of the Principality of Serbia, Milan I of Serbia, Milan I, was proclaimed king in 1882. Since 1817, the Principality was ruled by the Obrenović dynast ...
, Spain and Switzerland. Guatemala, El Salvador and Serbia denounced and reapplied the convention via accession. The Treaty was revised at
Brussels Brussels, officially the Brussels-Capital Region, (All text and all but one graphic show the English name as Brussels-Capital Region.) is a Communities, regions and language areas of Belgium#Regions, region of Belgium comprising #Municipalit ...
, Belgium, on 14 December 1900, at Washington, United States, on 2 June 1911, at
The Hague The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
, 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 14 December 2024, the convention has 180 contracting member countries.


Administration

The Paris Convention is administered by the
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to pr ...
(WIPO) based in
Geneva Geneva ( , ; ) ; ; . is the List of cities in Switzerland, second-most populous city in Switzerland and the most populous in French-speaking Romandy. Situated in the southwest of the country, where the Rhône exits Lake Geneva, it is the ca ...
, 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 agreement, international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards f ...
(TRIPs) * Convention Establishing the World Intellectual Property Organization (WIPO Convention) * US provisional patent application * Substantive Patent Law Treaty (SPLT)


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; (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to pr ...
(WIPO) {{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 Cambodia Treaties of Cameroon Treaties of Canada Treaties of the Central African Republic Treaties of Chad Treaties of Chile Treaties of the People's Republic of China Treaties of Colombia Treaties of the Comoros Treaties of Zaire Treaties of the Republic of the Congo Treaties of Costa Rica Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of Czechoslovakia Treaties of the Czech Republic Treaties of Denmark Treaties of Djibouti Treaties of Dominica Treaties of the Dominican Republic Treaties of Ecuador Treaties of the Kingdom of Egypt Treaties of El Salvador Treaties of Equatorial Guinea Treaties of Estonia Treaties of Finland Treaties of the French Third Republic Treaties of Gabon Treaties of the Gambia Treaties of Georgia (country) Treaties of the German Empire Treaties of Ghana Treaties of the Kingdom of Greece Treaties of Grenada Treaties of Guatemala Treaties of Guinea Treaties of Guinea-Bissau Treaties of Haiti Treaties of Honduras Treaties extended to British Hong Kong Treaties of Iceland Treaties of India Treaties of Indonesia Treaties of Pahlavi Iran Treaties of Ba'athist Iraq Treaties of the Irish Free State Treaties of Israel Treaties of the Kingdom of Italy (1861–1946) Treaties of Jamaica Treaties of the Empire of Japan Treaties of Jordan Treaties of Kazakhstan Treaties of Kenya Treaties of Kiribati Treaties of North Korea Treaties of South Korea Treaties of Kuwait Treaties of Kyrgyzstan Treaties of Laos Treaties of Latvia Treaties of Lebanon Treaties of Lesotho Treaties of Liberia Treaties of the Libyan Arab Republic Treaties of Liechtenstein Treaties of Lithuania Treaties of Luxembourg Treaties extended to Macau Treaties of North Macedonia Treaties of Madagascar Treaties of Malawi Treaties of Malaysia Treaties of Mali Treaties of Malta Treaties of Mauritania Treaties of Mauritius Treaties of Mexico Treaties of Moldova Treaties of Monaco Treaties of Montenegro Treaties of Morocco Treaties of Mozambique Treaties of Namibia Treaties of Nepal Treaties of the Netherlands Treaties of New Zealand Treaties of Niger Treaties of Nigeria Treaties of Norway Treaties of Oman Treaties of Pakistan Treaties of Panama Treaties of Papua New Guinea Treaties of Paraguay Treaties of Peru Treaties of the Philippines Treaties of the Second Polish Republic Treaties of the Kingdom of Portugal Treaties of Qatar Treaties of the Kingdom of Romania Treaties of the Soviet Union Treaties of Rwanda Treaties of Saint Kitts and Nevis Treaties of Saint Lucia Treaties of Saint Vincent and the Grenadines Treaties of San Marino Treaties of São Tomé and Príncipe Treaties of Saudi Arabia Treaties of Senegal Treaties of Serbia and Montenegro Treaties of Seychelles Treaties of Sierra Leone Treaties of Singapore Treaties of Slovakia Treaties of Slovenia Treaties of the Union of South Africa Treaties of the Spanish Empire Treaties of the Dominion of Ceylon Treaties of the Democratic Republic of the Sudan Treaties of Suriname Treaties of Eswatini Treaties of Sweden Treaties of Switzerland Treaties of Syria Treaties of Tajikistan Treaties of Tanzania Treaties of Thailand Treaties of Togo Treaties of Tonga Treaties of Trinidad and Tobago Treaties of Tunisia Treaties of Turkey Treaties of Turkmenistan Treaties of Uganda Treaties of Ukraine Treaties of the United Arab Emirates Treaties of the United Kingdom (1801–1922) Treaties of the United States Treaties of Uruguay Treaties of Uzbekistan Treaties of the Holy See Treaties of Venezuela Treaties of North Vietnam Treaties of Zambia Treaties of Zimbabwe Treaties of Yugoslavia Treaties of the Orange Free State Treaties of the Colony of Queensland Treaties extended to the Netherlands Antilles Treaties extended to Aruba Treaties extended to Curaçao and Dependencies Treaties extended to the Dutch East Indies Treaties extended to Surinam (Dutch colony) Treaties extended to the Isle of Man Treaties extended to American Samoa Treaties extended to Baker Island Treaties extended to Guam Treaties extended to Howland Island Treaties extended to Jarvis Island Treaties extended to Johnston Atoll Treaties extended to Midway Atoll Treaties extended to Navassa Island Treaties extended to the Trust Territory of the Pacific Islands Treaties extended to Palmyra Atoll Treaties extended to Puerto Rico Treaties extended to the United States Virgin Islands Treaties extended to Wake Island Treaties extended to Tanganyika (territory) Treaties extended to the Crown Colony of Singapore Treaties extended to Mandatory Palestine Treaties extended to the Crown Colony of Trinidad and Tobago Treaties extended to British Ceylon Treaties extended to the Panama Canal Zone Treaties extended to Portuguese Macau Treaties extended to Australia Treaties extended to New Zealand Treaties extended to South Sakhalin Treaties extended to dependent territories in Asia Treaties extended to dependent territories of Japan Treaties extended to Formosa Treaties of Afghanistan 1883