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What are the three major legal systems of the Paris Convention and WTO?

The Paris Convention for the Protection of Industrial Property (Paris Convention for short) was signed in Paris on March 20, 1883 and came into effect on July 6, 1884. The Convention has been revised seven times, and the current version is the text revised in Geneva in February 1980. There are 11 original parties to the Convention: Belgium, Brazil, France, Guatemala, Italy, the Netherlands, Portugal, El Salvador, Serbia, Spain and Switzerland. As of September 19, 2002, the Convention has 164 members, including China. When the Convention was concluded, the intention of the contracting states was to make the Convention a unified industrial property law. However, due to the different interests of various countries and the large differences in their domestic legislative systems, unification could not be achieved. The Convention ultimately became the relevant law formulated by each member state. When it comes to industrial property rights, we must adhere to the same principles and play a coordinating role.

The objects protected by the Paris Convention are patents, utility models, designs, trademarks, service marks, manufacturer names, source marks, names of origin and the suppression of unfair competition. The main contents of the Convention include the following:

1. The principle of national treatment. Nationals of its members enjoy the same treatment as nationals of their own countries in the protection of industrial property rights. If nationals of non-contracting states have a permanent residence or a real and effective industrial and commercial establishment in the territory of a contracting state, they also enjoy the same treatment as nationals of member states.

2. Principle of priority. After nationals of a member state file a patent application or registered trademark application with a contracting state, they will enjoy priority within a certain period (12 months for inventions and utility models, and 6 months for designs and trademarks). That is, when the same application is filed with other contracting states, the subsequent application will be deemed to have been filed on the date of filing of the first application.

3. The principle of independence of patents and trademarks. The patent rights and trademark exclusive rights granted by each member state are independent of each other, and each contracting country only protects the patent rights and exclusive trademark rights granted by its own country.

4. Principles of compulsory licensing of patents. The Convention stipulates that: within a period of four years from the date of application for a certain patent, or within a period of three years from the date of patent approval (whichever is longer), the patentee has not implemented or fully implemented it. , the relevant member states have the right to take legislative measures, approve compulsory licenses, and allow third parties to exploit this patent. If, two years after the first approval of a compulsory license, the abuses caused by the granting of patent rights cannot be prevented, procedures for revocation of the patent may be initiated. The Convention also stipulates that compulsory licenses shall not be exclusive or transferable; however, they are allowed if they are transferred together with the part of the enterprise or trademark that uses the license.

5. 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. For a trademark that has been registered in a certain member country, when the trademark is registered in a member country, the image of ancillary parts of the trademark is changed, but the important part of the original trademark is not changed and the distinctive features of the trademark are not affected, the registration shall not be refused. If a trademark is jointly owned by several industrial and commercial companies, it does not affect its application for registration and legal protection in other member states, but the trademarks used jointly must not deceive the public or cause violations of public rights. Profit is the premise.

6. Protection of well-known trademarks. If a well-known trademark is registered for similar or similar goods by others, the trademark owner has the right to request cancellation of the registration within at least five years from the date of imitation registration. The owner of a well-known trademark has no time limit for requesting a person who has obtained registration by fraudulent means.

7. 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. However, such transfer shall be subject to the condition that it will not cause the public to misunderstand the source, nature or important quality of the goods bearing the trademark.

In addition, the Paris Convention also stipulates issues such as the temporary protection of patents and trademarks, and trademarks registered without the consent of the trademark owner.

The "Paris Convention" stipulates that participating countries form an alliance for the protection of industrial property, referred to as the Paris Alliance.

The League has three organs, namely the General Assembly, the Executive Committee and the International Bureau.

China deposited its instrument of accession to the 1967 Stockholm revised text of the Convention on December 19, 1984, which came into effect for China on March 19, 1985.

The Paris Convention for the Protection of Industrial Property (Paris Convention for short) was signed in Paris on March 20, 1883 and came into effect on July 6, 1884. The Convention has been revised seven times, and the current text is the one revised in Geneva in February 1980. There are 11 original parties to the Convention: Belgium, Brazil, France, Guatemala, Italy, the Netherlands, Portugal, El Salvador, Serbia, Spain and Switzerland. As of September 19, 2002, the Convention has 164 members, including China. When the Convention was concluded, the intention of the contracting states was to make the Convention a unified industrial property law. However, due to the different interests of various countries and the large differences in their domestic legislative systems, unification could not be achieved. The Convention ultimately became the relevant law formulated by each member state. Industrial property rights must be adhered to by all parties and can play a coordinating role.

The objects protected by the Paris Convention are patents, utility models, designs, trademarks, service marks, manufacturer names, source marks, names of origin and the suppression of unfair competition. The main contents of the Convention include the following:

1. The principle of national treatment. The nationals of its members enjoy the same treatment as their own nationals in the protection of industrial property rights. If nationals of non-contracting states have a permanent residence or a real and effective industrial and commercial establishment in the territory of a contracting state, they also enjoy the same treatment as nationals of member states.

2. Principle of priority. After nationals of a member state file a patent application or registered trademark application with a contracting state, they will enjoy priority within a certain period (12 months for inventions and utility models, and 6 months for designs and trademarks). That is, when the same application is filed with other contracting states, the subsequent application will be deemed to have been filed on the date of filing of the first application.

3. The principle of independence of patents and trademarks. The patent rights and trademark exclusive rights granted by each member state are independent of each other, and each contracting country only protects the patent rights and exclusive trademark rights granted by its own country.

4. Principles of compulsory licensing of patents. The Convention stipulates that: within a period of four years from the date of application for a certain patent, or within a period of three years from the date of patent approval (whichever is longer), the patentee has not implemented or fully implemented it. , the relevant member states have the right to take legislative measures, approve compulsory licenses, and allow third parties to exploit this patent. If, two years after the first approval of a compulsory license, the abuses caused by the granting of patent rights cannot be prevented, procedures for revocation of the patent may be initiated. The Convention also stipulates that compulsory licenses shall not be exclusive or transferable; however, they are allowed if they are transferred together with the part of the enterprise or trademark that uses the license.

5. 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. For any trademark that has been registered in a member country, when the trademark is registered in a member country, the image of the subsidiary part of the trademark is changed, but the important part of the original trademark is not changed and the distinctive features of the trademark are not affected, the registration shall not be refused. If a trademark is jointly owned by several industrial and commercial companies, it does not affect its application for registration and legal protection in other member states, but the trademarks used jointly must not deceive the public or cause violations of public rights. Profit is the premise.

6. Protection of well-known trademarks. If a well-known trademark is registered for similar or similar goods by others, the trademark owner has the right to request cancellation of the registration within at least five years from the date of imitation registration. The owner of a well-known trademark has no time limit for requesting a person who has obtained registration by fraudulent means.

7. 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. However, such transfer shall be subject to the condition that it will not cause the public to misunderstand the source, nature or important quality of the goods bearing the trademark.

In addition, the Paris Convention also stipulates issues such as the temporary protection of patents and trademarks, and trademarks registered without the consent of the trademark owner.

The "Paris Convention" stipulates that participating countries form an alliance for the protection of industrial property, referred to as the Paris Alliance. The League has three organs, namely the General Assembly, the Executive Committee and the International Bureau.

China deposited its instrument of accession to the 1967 Stockholm revised text of the Convention on December 19, 1984, which came into effect for China on March 19, 1985.

The Paris Convention for the Protection of Industrial Property (Paris Convention for short) was signed in Paris on March 20, 1883 and came into effect on July 6, 1884. The Convention has been revised seven times, and the current text is the one revised in Geneva in February 1980. There are 11 original parties to the Convention: Belgium, Brazil, France, Guatemala, Italy, the Netherlands, Portugal, El Salvador, Serbia, Spain and Switzerland. As of September 19, 2002, the Convention has 164 members, including China. When the Convention was concluded, the intention of the contracting states was to make the Convention a unified industrial property law. However, due to the different interests of various countries and the large differences in their domestic legislative systems, unification could not be achieved. The Convention eventually became the relevant law formulated by each member state. Industrial property rights must be adhered to by all parties and can play a coordinating role.

The objects protected by the Paris Convention are patents, utility models, designs, trademarks, service marks, manufacturer names, source marks, names of origin and the suppression of unfair competition. The main contents of the Convention include the following:

1. The principle of national treatment. Nationals of its members enjoy the same treatment as nationals of their own countries in the protection of industrial property rights. If nationals of non-contracting states have a permanent residence or a real and effective industrial and commercial establishment in the territory of a contracting state, they also enjoy the same treatment as nationals of member states.

2. Principle of priority. After nationals of a member state file a patent application or registered trademark application with a contracting state, they will enjoy priority within a certain period (12 months for inventions and utility models, and 6 months for designs and trademarks). That is, when the same application is filed with other contracting states, the subsequent application will be deemed to have been filed on the date of filing of the first application.

3. The principle of independence of patents and trademarks. The patent rights and trademark exclusive rights granted by each member state are independent of each other, and each contracting country only protects the patent rights and exclusive trademark rights granted by its own country.

4. Principles of compulsory licensing of patents. The Convention stipulates that: within a period of four years from the date of application for a certain patent, or within a period of three years from the date of patent approval (whichever is longer), the patentee has not implemented or fully implemented it. , the relevant member states have the right to take legislative measures, approve compulsory licenses, and allow third parties to exploit this patent. If, two years after the first approval of a compulsory license, the abuses caused by the granting of patent rights cannot be prevented, procedures for revocation of the patent may be initiated. The Convention also stipulates that compulsory licenses shall not be exclusive or transferable; however, they are allowed if they are transferred together with the part of the enterprise or trademark that uses the license.

5. 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. For a trademark that has been registered in a certain member country, when the trademark is registered in a member country, the image of the subsidiary part of the trademark is changed, but the important part of the original trademark is not changed and the distinctive features of the trademark are not affected, the registration shall not be refused. If a trademark is jointly owned by several industrial and commercial companies, it does not affect its application for registration and legal protection in other member states, but the trademarks used jointly must not deceive the public or cause violations of public rights. Profit is the premise.

6. Protection of well-known trademarks. If a well-known trademark is registered for similar or similar goods by others, the trademark owner has the right to request cancellation of the registration within at least five years from the date of imitation registration. The owner of a well-known trademark has no time limit for requesting a person who has obtained registration by fraudulent means.

7. Transfer of trademark rights.

If the laws of a member state 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. However, such transfer shall be subject to the condition that it will not cause the public to misunderstand the source, nature or important quality of the goods bearing the trademark.

In addition, the Paris Convention also stipulates issues such as the temporary protection of patents and trademarks, and trademarks registered without the consent of the trademark owner.

The "Paris Convention" stipulates that participating countries form an alliance for the protection of industrial property, referred to as the Paris Alliance. The League has three organs, namely the General Assembly, the Executive Committee and the International Bureau.

China deposited its instrument of accession to the 1967 Stockholm revised text of the Convention on December 19, 1984, which came into effect for China on March 19, 1985.

The three major legal systems of the WTO refer to the three major legal systems of trade in goods, trade in services and trade-related intellectual property rights.