Paris Convention and Intellectual Property
It’s all about ideas
When we think of Paris, the first thing that comes to our mind is Eiffel Tower. But there is more to the place than Champs De Elysses, Croissants and Crepes. For starters, we can focus on the Paris Convention for the Protection of Industrial Property.
What is it?
Adopted in 1883, the Paris Convention applies to Industrial Property in the widest sense and covers the areas of patents, trademarks, industrial designs and service marks. This international agreement was the first ever to recognize the fact that intellectual property of creators needs to be safeguarded in and across international borders.
Provisions of the convention fall under three main categories — National Treatments, Right of Priority, and Common Rules.
National Treatment– Under this, the convention provides that, in terms of protection of intellectual property, each of the contracting states must provide the same level of protection to their nationals as well as nationals of other contracting states.
Right of Priority- This category specifically deals with patents, marks and industrial designs in contracting states. An applicant can file for patents and trademarks in any of the contracting states. The priority word in the category comes from the fact that patenting bodies are supposed to prioritize the applicants from the countries who have signed the Paris convention.
Common Rules- There are a few common rules that every contracting state needs to follow-
Patent: A patent granted for the same invention in one contracting state does not readily translate into a patent in another contracting state. However, this does not mean that contracting states can refuse to recognize the patent.
Marks: each of the contracting states decide the filing and registration of marks as per their domestic laws. Moreover, if an applicant files for registration of a mark in one of the contracting states, it cannot be invalidated on the grounds that the registration has not been filed in the country of origin.
All countries, who are signatories to the Paris Convention, have to abide by the laws stated in it. However, the formal language of the convention can sometimes become too confusing. Helping you decode and properly implement the convention in your regulatory framework is Abrise Legal. To know how, visit the website.