The Paris Convention refers to the "Paris Convention on the Protection of Industrial Property" (referred to as the "Paris Convention"), an international agreement to protect industrial property concluded in Paris on March 20, 1883. The Convention is one of the treaties administered by the World Intellectual Property Organization. The adjustment object of the Paris Convention, that is, the scope of protection, is the principle of industrial independence.
The principle of independence refers to
(1) The conditions for applying for and registering a trademark are determined by the national laws of each member country and are independent of each other. An application for trademark registration filed by a national of a member state cannot be rejected or the registration invalidated on the grounds that the applicant has not applied, registered or renewed it in his or her home country. A trademark officially registered in one member state has nothing to do with trademarks registered in other member states, including the country where the applicant is located.
(2) This means that after a trademark is registered in a member country, it becomes independent of the original trademark, even if the original registration country has canceled the trademark or it is invalid because it has not gone through the renewal procedures. , but this does not affect the protection it receives in other member states. Patent rights obtained for the same invention in different countries have nothing to do with each other, that is, each member state independently grants or refuses, revokes, or terminates a patent right for an invention in accordance with its own national laws, and is not subject to other member states' handling of the patent right. Influence.
(3) This means that an invention that has obtained patent rights in one member state may not be available in another member state; conversely, a patent application that is rejected in one member state may not be available in another member state. A member state is not necessarily rejected.