1. Basic principles

1. The principle of national treatment. In terms of industrial property protection, each member state of the Convention must legally treat other member states of the Convention the same as nationals of its own country; even if it is a national of a non-member state, as long as he has a residence in a member state of the Convention, or has a real and effective Industrial and commercial establishments should also be accorded the same treatment as nationals of that country.

2. Priority principle. The Paris Convention stipulates that any trademark applied for registration in a contracting country can enjoy priority for a period of 6 months from the date of the initial application. That is, within this 6-month priority period, if the applicant applies to other member states again, For the same application, the date of the subsequent application shall be regarded as the date of the first application.

3. The principle of independence. The conditions for applying for and registering a trademark are determined by the laws of each member country and are independent of each other.

4. Principle of compulsory patent licensing. The Convention stipulates that each member state may take legislative measures to stipulate that compulsory licenses can be approved under certain conditions to prevent the possible abuse of patent rights by patent holders.

II. Important Terms

1. Use of trademarks. The Convention stipulates that a registered trademark in a member country must be used, and its registration can be revoked only after a certain reasonable period of time and the party concerned cannot provide legitimate reasons for non-use.

2. Protection of well-known trademarks. Regardless of whether the well-known trademark itself has obtained trademark registration, all member countries of the Convention should prohibit others from using trademarks that are identical or similar to the well-known trademarks, and refuse to register trademarks that are identical or similar to the well-known trademarks.

3. Transfer of trademark rights. If the laws of its member states stipulate that the transfer of trademark rights must be transferred together with its business to be valid, then only the transfer of the business in that country is sufficient to recognize its validity, and it is not necessary to transfer all domestic and foreign businesses.

4. Temporary protection of exhibition products. Member countries of the Convention shall provide temporary legal protection in accordance with their national laws for patents and trademarks of products exhibited at official or officially recognized international exhibitions held within the territory of each member country of the Convention.

Extended information

Significance to my country

1. Construction of my country’s intellectual property legal system, full use of the intellectual property system to promote economic and technological development, etc. It has had a huge impact on all aspects.

2. Create conditions for my country’s implementation of the Patent Law on April 1, 1985. Without joining the Paris Convention, the priority and other systems set up in the Patent Law would actually be impossible to implement.

3. It paves the way for my country to participate in other relevant international intellectual property conventions (especially the more than ten sub-conventions of the Paris Convention).

4. It provides a strong guarantee for Chinese enterprises to go global and seek protection of intellectual property rights (mainly patents, trademarks, trade names and other industrial property rights) on an international scale.

5. It has effectively promoted my country’s investment promotion, reform and opening up.

Baidu Encyclopedia-Paris Convention for the Protection of Industrial Property

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