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8/3/2019 5 Paris Convention
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Protection of industrial
property in the pastand today
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Paris convention for the
Protection of IndustrialProperty
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Revisions of the Paris Convention
20.03.1883
1900 Brussels
1911 Washington 1925 Hague
1934 London
1958 Lisbon 1967 Stockholm
28.09.1979
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Paris Convention
Patents
Utility models
Industrial design Trademarks
Service marks
Trade names Indication of source
Appelletion of origin
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General rule of ParisConvention:
National treatment of otherconvention members citizens in
the field of the protection of their
industrial property
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art.2
1. Nationals of any country of the Union shall, as regards
the protection of industrial property, enjoy in all the othercountries of the Union the advantages that their respectivelaws now grant, or may hereafter grant, to nationals; allwithout prejudice to the rights specially provided for by thisConvention.Consequently, they shall have the same protection as thelatter, and the same legal remedy against any infringementof their rights, provided that the conditions and formalitiesimposed upon nationals are complied with.
2. However, no requirement as to domicile orestablishment in the country where protection is claimedmay be imposed upon nationals of countries of the Unionfor the enjoyment of any industrial property rights.
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Rights under art.2
Gives same rights concerning protection of IPas the country they are visiting provides fortheir nationals
Will give same rights in the future Same legal protection
Same legal remedies
+ extra rights given by the Paris Convention No requirement as to the domicile may be
imposed for the enjoyment of any industrialprotection rights
To the countries of the Union
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Whom does Paris convention
protect
Nationals of the other states of the Union (art.2)
Nationals of the countries outside the Unionif:
Effective industrial establishement
Effective commecial establishement
is situated in the territory ot one of the
countries of the Union (art. 3)
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Winner takes it all
AlexanderGraham Bell invented the telephone in 1876. The first words hespoke on his telephone were, "Watson, come here. I need you." Watsonwas his assistant's name.
That happened in 1875-76. However Antonio Meucci had a workingtelephone since 1848 in Havana and a perfected model by 1871. On
that year Meucci filed for and obtained a patent for the telephone.Meucci could not afford the $250 needed for a definitive patent for his"talking telegraph" so in 1871 filed a one-year renewable notice of animpending patent. Three years later he could not even afford the $10 torenew it.
He sent a model and technical details to the Western Union telegraphcompany but failed to win a meeting with executives. When he asked
for his materials to be returned, in 1874, he was told they had been lost.Two years later Bell, who shared a laboratory with Meucci, filed apatent for a telephone, became a celebrity and made a lucrative dealwith Western Union.
Meucci sued and was nearing victory - the supreme court agreed to hearthe case and fraud charges were initiated against Bell - when theFlorentine died in 1889. The legal action died with him.
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Right of precedence
Art. 4
Everyone who correctly filed an application for
patent (or his succesor) in one state will havea right of precedence in other states of theunion before anyone other wanting toapplicate for the patent.
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What kind of filling gives rise
to the right of priority?
Any filling (done accordingly to the rule of
law) equivalent to regular national filling or
filling equivalent to filling under international
treaties concluded between the countries of
the Union.
Equivalent to regular national filling
Regular national filling (giving date) Equivalent to international treaties
Regular international treaties filling (giving date)
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How long is priority rule
effective?
12 months patents and utility models
6 months industrial designs, trade marks
The term start from the date of filling theapplication.
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Idependence of obtained
patents
Patents obtained in different countries of theUnion are independent from each other.
Error Lack of payment
Expiration
Effects only in one country not in all.
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Industrial property rights fees
Depending on national legislation
Not less than 6 months extra time for
payment
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Compulsory License
Forfeiture of patent
Compulsory license
This method can not be used forfaiture of
the rights from the industrial designs
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Actions not infringementing
the rights of patentee
Use on board of vessels of other countries ofdevices subject to patent in the body,
machinery, tackle, gear or other accesories ifsuch vessel temporary enters the waters ofthe countries of the Union
Use of devieces subject to patent on
airplanes or land vehicles if those vehiclestemporarly or incidentally enter the countriesof the Union
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Well known marks (art. 6 bis)
Well known marks are being protected exofficio (it domestic law allows it) or on requestof interested party in all countries of theUnion
Protection:
Cancellation
Refusal
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Imitations of well known marks
Reproduction
Imitation
TranslationLiable to create confusion with the mark
considered by the authority to be a well
known mark.
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Time for cancellation the
imitations of well known marks
5 years from the date of registration
No time limits if the mark was registered or
used in bad faith.
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Registration of trademarks
Conditions for filling the registration aredepending from the countries internallegislation
Registration can not be refused on theground that filling registration (or renewal)has not been effected in the country of origin
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Assignement of mark
If the law of member state states that atrademark may be assigned only if it takesplace in the same time and with the transferof business to which the mark belongs it shellbe enough for the validity of suchaddignement that the portion of business
located in that country be transfered to thenew owner of the trademark.
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Protection of trademark allready
registered in one country in other
countries
Every mark accepted for registration incountry of origin should be accepted for
registration in the other
Exceptions:
Infringes rights acquired by third parties
Are indistinctive in its character Are contrary to morality or public order
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Service marks, Trade names
A trade name, also known as a trading name or abusiness name, is the name which a businesstrades under for commercial purposes, although itsregistered, legal name, used for contracts and other
formal situations, may be another. Pharmaceuticalsalso have trade names (e.g. "Aspirin"), oftendissimilar to their chemical names ("acetylsalicylicacid").
A service mark differs from a trademark in that the
mark is used on the advertising of the service ratherthan on the packaging or delivery of the service,since there is generally no "package" to place themark on, which is the practice for trademarks.Transportation carriers would paint their service
marks on their vehicles, such as on planes or buses
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Service marks, trade names
Are being protected by the convention
There is no need of registration of such
marks
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Goods unlawfully Bearing a
Mark orTrade Name
Seizure on importation
Prohibition of importation
Civil remedies and actions
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International invention
competitions orexhibitions