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知识产权网 新闻来源:巴黎公约 发布时间:2017/4/28 16:35:38

1 、The Summary of theParis Convention for the Protection of Industrial Property
The ParisConvention applies to industrial property in the widest sense, includingpatents, 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 orcommercial activity is carried out), geographical indications (indications ofsource and appellations of origin) and the repression of unfair competition.
2、The organization andthe background of the Convention
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 theadministrative and final provisions of the Stockholm Act (1967) is a member ofthe Assembly. The members of the Executive Committee are elected from among themembers of the Union, except for Switzerland, which is a member ex officio. Theestablishment of the biennial program and budget of the WIPO Secretariat – asfar as the Paris Union is concerned – is the task of its Assembly.
The ParisConvention, concluded in 1883, was revised at Brussels in 1900, at Washingtonin 1911, at The Hague in 1925, at London in 1934, at Lisbon in 1958 and atStockholm in 1967, and was amended in 1979.
The Conventionis open to all States. Instruments of ratification or accession must bedeposited with the Director General of WIPO.
3 、The substantive provisions and the contents of the Convention
The substantiveprovisions of the Convention fall into three main categories: nationaltreatment, right of priority, common rules.
(1)    Underthe provisions on national treatment, the Convention provides that, as regardsthe protection of industrial property, each Contracting State must grant thesame protection to nationals of other Contracting States that it grants to itsown nationals. Nationals of non-Contracting States are also entitled tonational treatment under the Convention if they are domiciled or have a realand effective industrial or commercial establishment in a Contracting State.
(2)    TheConvention provides for the right of priority in the case of patents (and utilitymodels where they exist), marks and industrial designs. This right means that,on the basis of a regular first application filed in one of the ContractingStates, the applicant may, within a certain period of time (12 months forpatents and utility models; 6 months for industrial designs and marks), applyfor protection in any of the other Contracting States. These subsequentapplications will be regarded as if they had been filed on the same day as thefirst application. In other words, they will have priority (hence theexpression "right of priority") over applications filed by othersduring the said period of time for the same invention, utility model, mark orindustrial design. Moreover, these subsequent applications, being based on the firstapplication, will not be affected by any event that takes place in theinterval, such as the publication of an invention or the sale of articlesbearing a mark or incorporating an industrial design. One of the greatpractical advantages of this provision is that applicants seeking protection inseveral countries are not required to present all of their applications at thesame time but have 6 or 12 months to decide in which countries they wish toseek protection, and to organize with due care the steps necessary for securingprotection.
(3)    TheConvention lays down a few common rules that all Contracting States mustfollow. The most important are:
(a)    Patents.Patents granted in different Contracting States for the same invention areindependent of each other: the granting of a patent in one Contracting Statedoes not oblige other Contracting States to grant a patent; a patent cannot berefused, annulled or terminated in any Contracting State on the ground that ithas been refused or annulled or has terminated in any other Contracting State.
 The inventor has the right to be named as suchin the patent.
The grant of apatent 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 thepatented process, is subject to restrictions or limitations resulting from thedomestic law.
Each ContractingState that takes legislative measures providing for the grant of compulsorylicenses to prevent the abuses which might result from the exclusive rightsconferred by a patent may do so only under certain conditions. A compulsorylicense (a license not granted by the owner of the patent but by a publicauthority of the State concerned), based on failure to work or insufficientworking of the patented invention, may only be granted pursuant to a requestfiled after three years from the grant of the patent or four years from thefiling date of the patent application, and it must be refused if the patenteegives legitimate reasons to justify this inaction. Furthermore, forfeiture of apatent may not be provided for, except in cases where the grant of a compulsorylicense would not have been sufficient to prevent the abuse. In the lattercase, proceedings for forfeiture of a patent may be instituted, but only afterthe expiration of two years from the grant of the first compulsory license.
(b)   Marks.The Paris Convention does not regulate the conditions for the filing andregistration of marks which are determined in each Contracting State by domesticlaw. Consequently, no application for the registration of a mark filed by anational of a Contracting State may be refused, nor may a registration beinvalidated, on the ground that filing, registration or renewal has not beeneffected in the country of origin. The registration of a mark obtained in oneContracting State is independent of its possible registration in any othercountry, including the country of origin; consequently, the lapse or annulmentof the registration of a mark in one Contracting State will not affect thevalidity of the registration in other Contracting States.
Where a mark hasbeen duly registered in the country of origin, it must, on request, be acceptedfor filing and protected in its original form in the other Contracting States.Nevertheless, registration may be refused in well-defined cases, such as wherethe mark would infringe the acquired rights of third parties; where it isdevoid of distinctive character; where it is contrary to morality or publicorder; or where it is of such a nature as to be liable to deceive the public.
If, in anyContracting State, the use of a registered mark is compulsory, the registrationcannot be canceled for non-use until after a reasonable period, and then onlyif the owner cannot justify this inaction.
Each ContractingState must refuse registration and prohibit the use of marks that constitute areproduction, imitation or translation, liable to create confusion, of a markused for identical and similar goods and considered by the competent authorityof that State to be well known in that State and to already belong to a personentitled to the benefits of the Convention.
Each ContractingState must likewise refuse registration and prohibit the use of marks thatconsist of or contain, without authorization, armorial bearings, State emblemsand official signs and hallmarks of Contracting States, provided they have beencommunicated through the International Bureau of WIPO. The same provisionsapply to armorial bearings, flags, other emblems, abbreviations and names ofcertain intergovernmental organizations.
Collective marksmust be granted protection.集合商标应被授予保护
(c)    IndustrialDesigns. Industrial designs must be protected in each Contracting State, andprotection may not be forfeited on the ground that articles incorporating thedesign are not manufactured in that State.
(d)   TradeNames. Protection must be granted to trade names in each Contracting Statewithout there being an obligation to file or register the names.
(e)    Indicationsof Source. Measures must be taken by each Contracting State against direct orindirect use of a false indication of the source of goods or the identity oftheir producer, manufacturer or trader.
(f)    Unfaircompetition. Each Contracting State must provide for effective protection againstunfair competition.





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