The main contents of the "Paris Convention"

1. Scope of protection

The "Paris Convention" stipulates that the objects of industrial property protection include patents, utility models, and designs. , trademarks, service marks, manufacturer names, supply marks or names of origin and to prevent unfair competition. The Convention also stipulates that industrial property rights should be understood broadly and should apply not only to industry and commerce per se, but also to agriculture and extractive industries, and to all manufactured or natural products.

2. Principle of National Treatment

The "Paris Convention" stipulates that any national of a member state of the Paris Union shall enjoy the rights and benefits granted by the laws of that country to that country now or in the future in other member states. various facilities for nationals, whether or not they have a permanent residence or place of business in the respective country. Nationals of non-Union member states who have a permanent residence or a real and legitimate industrial and commercial establishment in the territory of a member state shall enjoy the same treatment as nationals of Union member states.

3. Priority principle

The priority principle means that based on a formal application filed by an applicant in a Paris Union member state for an industrial property right, the priority will be certain thereafter. Within a period (6 months or 12 months), when the same applicant or his successor applies for protection of the same industrial property in another member state, the subsequent country shall regard the date when the applicant first filed the application as being in Later country filing date. The Paris Convention stipulates that the priority remains valid even if the first application on which the priority is based is ultimately rejected.

4. The principle of independence of industrial property rights in various countries

According to the Paris Convention, the granting of patent rights or trademark rights by member states is independent of each other, and each country decides whether to grant patent rights or trademark rights in accordance with its own laws. If an application is protected by industrial property rights, whether other countries have granted industrial property rights to the same application should not be taken into consideration when reviewing whether the application complies with legal requirements.

5. Principle of compulsory license

The Paris Convention stipulates that each member state can take legislative measures to stipulate that compulsory licenses can be approved under certain conditions to prevent the patentee from possible Abuse of patent rights. The condition for compulsory licensing is that the patentee has not implemented the patent for 4 years from the date of filing the patent application, or 3 years from the date of approval of the patent and cannot provide a valid reason.

6. Protection of well-known trademarks

Regardless of whether the well-known trademark itself has obtained trademark registration, each member country should prohibit others from using the same or similar well-known trademarks and refuse to register them with well-known trademarks. Identical or similar trademarks.