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Transcript of the paris convention
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THE PARIS CONVENTION 1967
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The Paris Convention for the Protection of
Industrial Property, signed in Paris, France,
on March 20, 1883, was one of the first
intellectual property treaties. As a result of thistreaty, intellectual property, including patents, of
any contracting state are accessible to the
nationals of other states party to the Convention.
The "Convention priority right", also called "Paris
Convention priority right" or "Union priorityright", was also established by this treaty.
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THE PARIS CONVENTION
The Paris Convention is an international
convention for promoting trade among the
member countries, devised to facilitate protection
of industrial property simultaneously in themember countries without any loss in the priority
date.
All the member countries provide national
treatment to all the applications from the other
member countries for protection of industrialproperty rights.
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INDUSTRIAL PROPERTY
Industrial property includes:
(a) Patents
(b) Utility models
(c) Industrial designs
(d) Trademarks, service marks and trade names
(e) Indication of source or appellations of origin
(this is same as the geographical indications
adopted in TRIPS);
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THE TIMELINE
The convention was first signed in 1883.
Since then the Convention has been revisedseveral times;
in 1900 at Brussels,
in 1911 at Washington,
in 1925 at the Hague,
in 1934 at London,
in 1958 at Lisbon
and in 1967 at Stockholm.
The last amendment took place in 1979.
India became a member of the Paris Conventionon December 7, 1998.
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THE CONTRACTING PARTIES
The Convention now has 173 contracting member countries,whichmakes it one of the most widely adopted treaties worldwide. Notably,Taiwan and Kuwait are not parties to the Convention. However,according to Article 27 of its Patent Act, Taiwan recognizes priorityclaims from contracting members. The Paris Convention entered intoforce in Thailand on August 2, 2008, bringing the total number ofNation States party to the Convention to 173.
Contracting members include: Albania; Algeria, Andorra,Angola;Antigua and Barbuda; Argentina; Armenia; Australia; Austria;Azerbaijan; Bahamas; Bahrain; Bangladesh; Barbados; Belarus;Belgium; Belize; Benin; Bhutan; Bolivia; Bosnia and Herzegovina;Botswana; Brazil; Bulgaria; Burkina Faso; Burundi; Cambodia;Cameroon; Canada; Central African Republic; Chad; Chile; China;Colombia; Comoros; Congo; Costa Rica; Croatia; Cuba; Cyprus; Czech
Republic; Cte d'Ivoire; Democratic People's Republic of Korea;Democratic Republic of the Congo; Denmark; Djibouti; Dominica;Dominican Republic; Ecuador; Egypt; El Salvador; EquatorialGuinea; Estonia; Finland; France; Gabon; Gambia; Georgia;Germany; Ghana; Greece; Grenada; Guatemala; Guinea; Guinea-Bissau; Guyana; Haiti; Holy See; Honduras; Hungary; Iceland; India;Indonesia; Iran (Islamic Republic of); Iraq; Ireland;
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Israel; Italy; Jamaica; Japan; Jordan; Kazakhstan; Kenya;Kyrgyzstan; Laos; Latvia; Lebanon; Lesotho; Liberia; Libya;Liechtenstein; Lithuania; Luxembourg; Macedonia; Madagascar;Malawi; Malaysia; Mali; Malta; Mauritania; Mauritius; Mexico;Moldova; Monaco; Mongolia; Morocco; Mozambique; Namibia; Nepal;Netherlands; New Zealand; Nicaragua; Niger; Nigeria; Norway;
Oman; Pakistan; Panama; Papua New Guinea; Paraguay; Peru;Philippines; Poland; Portugal; Qatar; Republic of Korea; Romania;Russian Federation; Rwanda; Saint Kitts and Nevis; Saint Lucia;Saint Vincent and the Grenadines; San Marino; Sao Tome andPrincipe; Saudi Arabia; Senegal; Serbia; Seychelles; Sierra Leone;Singapore; Slovakia; Slovenia; South Africa; Spain; Sri Lanka;Sudan; Suriname; Swaziland; Sweden; Switzerland; Syrian Arab
Republic; Tajikistan; Thailand; Togo; Tonga; Trinidad and Tobago;Tunisia; Turkey; Turkmenistan; Uganda; Ukraine; United ArabEmirates; United Kingdom; United Republic of Tanzania; UnitedStates of America; Uruguay; Uzbekistan; Venezuela; Vietnam;Yemen; Zambia; and Zimbabwe.
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THE APPLICATION
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
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THE PARIS CONVENTION APPLIES TO THE
PROTECTION OF INDUSTRIAL PROPERTY AND
INCLUDES:
Patents for 12 months;
Utility models - not available in India;
Industrial designs for 6 months; Trademarks, service marks and trade names for 6
months;
Indication of source or appellations of origin (this is
same as the geographical indications adopted inTRIPS).
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THE PRINCIPAL FEATURES OF THE
PARIS CONVENTION ARE:
National treatment
Right of priority
Independence of patents
Parallel importation
Protection against false indications and unfair
competition
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MEANING OF NATIONAL TREATMENT
UNDER THE PARIS CONVENTION
This is a very important concept and is essential
for successfully achieving the fundamental aim of
the Paris Convention.
The idea is to provide equal treatment toapplicants from member countries, in a given
member country and not to differentiate between
the nationals of your country and nationals of the
other countries for the purpose of grant and
protection of industrial property in your country.
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Imagine that a national of country X applies forgrant of a patent in India. According to the ParisConvention, the Indian Patent Office shall applythe same norms and rules to the applicant from
X, as applicable to an Indian applicant, forgranting a patent.
Similarly, the applicant from X shall have thesame protection after grant and identical legalremedies against any infringement shall be
available to the applicant provided the conditionsand formalities imposed upon Indians arecomplied with. No requirement as to domicile orestablishment in the country where protection isclaimed, may be imposed
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RIGHT OF PRIORITY AND ITS
SIGNIFICANCE
Industrial property right is granted for a fixed periodof time by a country. The date from which the right isdeemed to start is usually the date of filing ofcomplete specification. To obtain rights in othermember countries, the application must be filed on
the same day if it is desired to have the rights startedfrom the same day.
However, there are practical difficulties insynchronizing the activities.
For facilitating Simultaneous protection in membercountries, the Convention provides that within 12months of national filing, if patent applications arefiled in member countries, the patents, if granted inmember countries, will be effective from the date ofnational filing. This right is known as the right ofpriority.
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In case the applicant after a second look at thepatent application finds that the patent containsmore than one invention or on his/her own accordwishes to divide the application, he/she can claim
the initial date of priority for subsequent patentapplications.
The applicant may also, on his/her own initiative,divide a patent application and preserve as thedate of each divisional application the date of the
initial application and the benefit of the right ofpriority, if any.
Each country of the Union shall have the right todetermine the conditions under which suchdivision shall be authorized.
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Priority may not be refused on the ground that
certain elements of the invention for which
priority is claimed do not appear among the
claims formulated in the application in the
country of origin, provided that the application
documents as a whole specifically disclose such
elements.
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GRANT OF A PATENT IN ONE COUNTRY AND
ITS AFFECT ON GRANT OR REFUSAL INANOTHER COUNTRY
The patents applied for in the various countries of the
Union shall be independent of each other with regard
to nullity and forfeiture and their normal duration.
This means that granting a patent in one country of
the Union does not force other countries to grant the
patent for the same invention.
Also, the refusal of the patent in one country does notmean that it will be terminated in all the countries.
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IMPORTATION IN RELATION TO WORKING OF
A PATENT UNDER THE CONVENTION
Importation is considered as working of a patent,
provided the patented product is manufactured
in a member country and is imported in other
member country, which has also granted a patent
on the same invention to the same applicant.
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Imagine that a product X has been patented in
two member countries A and B.
The product X is then manufactured in country A
and imported into country B. This product X shall enjoy the same patent
protection in country B even though it has been
manufactured in country A.
This would also be considered as if the patent has
been worked in country B.
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PROVISION FOR COMPULSORY LICENSE
IN THE PARIS CONVENTION
Each member country shall have the right to
provide for the grant of compulsory licenses to
prevent the abuses resulting from the exclusive
rights conferred by the patent.
Compulsory licenses for failure to work or
insufficient working of the invention may not be
requested before the period of time of non-
working or insufficient working has elapsed.
This time limit is four years from the date offiling of the patent application or three years
from the date of the grant. Such licenses will be a
non- exclusive and non-transferable one.
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RELATIONSHIP BETWEEN THE PARIS
CONVENTION AND THE TRIPS AGREEMENT
TRIPS Agreement is an offshoot of a series of
negotiations going on around the world since the
inception of the Paris Convention in the year
1883.
It has been made mandatory for the member
countries of the TRIPS Agreement to comply with
the Article 1 to 12 and Article 19 of the Paris
Convention.
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COMMON RULES IN CONVENTION
The Convention lays down a few common rules
which all the contracting States must follow. The
more important are the following:
(a) As to Patents: Patents granted in differentcontracting States for the same invention are
independent of each other: the granting of a
patent in one contracting State does not oblige
the other contracting States to grant a patent; a
patent cannot be refused, annulled or terminatedin any contracting State on the ground that it has
been refused or annulled or has terminated in
any other contracting State.
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The inventor has the right to be named as such
in the patent.
The grant of a patent may not be refused, and a
patent may not be invalidated,
on the groundthat the sale of the patented product, or of a
product obtained by means of the patented
process, is subject to restrictions or limitations
resulting from the domestic law.
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Each contracting State that takes legislative
measures providing for the grant of compulsorylicenses to prevent the abuses which might result
from the exclusive rights conferred by a patent
may do so only with certain limitations.
Thus,
a compulsory license (license not grantedby the owner of the patent but by a public
authority of the State concerned) based on failure
to work the patented invention may only be
granted pursuant to a request filed after three or
four years of failure to work or insufficientworking of the patented invention and it must be
refused if the patentee gives legitimate reasons
to justify his inaction.
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Furthermore, forfeiture of a patent may not be
provided for, except in cases where the grant of a
compulsory license would not have been
sufficient to prevent the abuse. In the latter case,
proceedings for forfeiture of a patent may be
instituted, but only after the expiration of two
years from the grant of the first compulsory
license.
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(B) AS TO MARKS:
The Paris Convention does not regulate the conditionsfor the filing and registration of marks which are
therefore determined in each contracting State by the
domestic law.
Consequently, no application for the registration of a
mark filed by a national of a contracting State may berefused, nor may a registration be invalidated, on the
ground that filing, registration or renewal has not
been effected in the country of origin.
Once the registration of a mark is obtained in a
contracting State, it is independent of its possibleregistration in any other country, including the
country of origin; consequently, the lapse or
annulment of the registration of a mark in one
contracting State will not affect the validity of
registration in other contracting States.
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Where a mark has been duly registered in the
country of origin, it must, on request, be accepted
for filing and protected in its original form in the
other contracting States.
Nevertheless, registration may be refused in
well-defined cases, such as when the mark would
infringe acquired rights of third parties, when it
is devoid of distinctive character, when it is
contrary to morality or public order, or when it isof such a nature as to be liable to deceive the
public.
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If, in any contracting State, the use of aregistered mark is compulsory, the registrationcannot be cancelled until after a reasonableperiod, and only if the owner cannot justify his
inaction. Each contracting State must refuse registration
and prohibit the use of marks which constitute areproduction, imitation or translation, liable tocreate confusion, of a mark considered by the
competent authority of that State to be wellknown in that State as being already the mark ofa person entitled to the benefits of theConvention and used for identical or similargoods.
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Each contracting State must likewise refuse
registration and prohibit the use of marks which
consist of or contain without authorization,
armorial bearings, State emblems and official
signs and hallmarks of contracting states,
provided they have been communicated through
the International Bureau of WIPO.
The same provisions apply to armorial bearings,
flags, other emblems, abbreviations and names ofcertain intergovernmental organizations.
Collective marks must be granted protection.
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(c) As to Industrial Designs: Industrial designsmust be protected in each contracting State, andprotection may not be forfeited on the ground that thearticles incorporating the design are notmanufactured in that State.
(d) As to Trade Names: Protection must be grantedto trade names in each contracting State without theobligation of filing or registration.
(e) As to Indications of Source: Measures must betaken by each contracting State against direct orindirect use of a false indication of the source of the
goods or the identity of the producer, manufacturer ortrader.
(f) As to Unfair Competition: Each contractingState must provide for effective protection againstunfair competition.
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THE ASSEMBLY
The Paris Union, established by the Convention, hasan Assembly and an Executive Committee. Every
State member of the Union which 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 Secretariatas far as the Paris Union is
concernedis the task of its Assembly.
The Convention is open to all States. Instruments of
ratification or accession must be deposited with the
Director General of WIPO.
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THE CASE:PARIS CONVENTION PRIORITY:
CLASH BETWEEN REAL AND LOCAL TIME
The Peruvian Trademark Office-INDECOPIcarrying out a right interpretation on theindustrial property regulations and mainlyapplying the common sense, granted priority
right to a Japanese application filed on August11, rather than a Peruvian application filed thesame day.
Said decision was based on "the differencebetween the time in Japan and the time in Peru",
since the Japanese application was filed onAugust 11, while the Peruvian application wasfiled on August 11 at 12:33 p.m. that is at 2:33a.m. of August 12 in Japan, because Japan is 14hours ahead of Peru.
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This important initiative of the Peruvian
Trademark Office sets a precedent with a
criterion which considers the real time or real
hour as the essential element that decides which
trademark application was filed first, that is, the
application of the principle first in the time, first
in the right
In consequence,
PTO was applauded for thispractical criterion which clarifies the rules of
game concerning the registration of trademark.
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REGULATIONS AND LAWS RELATING TO
THIS CASE:
Paris Convention article 4:
any person who has duly filed an application of
registration of a trademark, in one of the
countries of the Union,
shall enjoy,
for thepurpose of filing in the other countries, a right of
priority during the six months after the
application filing date of the first application.
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ADVANTAGES OF JOINING THE PARIS
CONVENTION
There are a number of international conventionsand treaties, which are open only to the membersof the Paris Convention. Some of these are:
Patent Cooperation Treaty (PCT)
Budapest Treaty (for deposition ofmicroorganisms)UPOV (for protection of newvarieties of plants)
Madrid Agreement (for repression of false ordeceptive indications of source on goods)
Madrid Protocol (concerning registration ofmarks)
Hague Agreement (concerning deposits ofindustrial designs)
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INDIAN LAW
Introduction Modern world is marked by Globalisationand Liberalisation. Hence economic reforms have beenintroduced by many countries like India which has tocompete with other countries in the world market.Patent law plays a very significant role in the
development of a country. More so because of the adventof the World Trade Organisation in which India has tocompete with developed countries like U.S.A.
The Paris convention for the protection of industrialproperty, 1883 was the first convention for theprotection of Intellectual Property. It is said the
nationals of the signatory country would haveequivalent rights and status in all other signatorycountries.
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Though India was not a member of Parisconvention, but having signed the TRIPSagreement, India was obliged to recogniseand implement the provision of national
treatment to nationals of other members ashas been incorporated in the TRIPS agreement.
The law of patents has also become an importantdiscipline of international trade and commercedue to great advancement in science and
technology, revolutionary changes in computersoftware development and with the shift fromprocess to product patent, the patent law hasbeen striving to keep pace with the changes intechnology.
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THANK
YOU!!!!!