Paris Convention for the protection of industrial property

The Paris Convention for the protection of industrial property (Paris CONVENTION) is one of the first international treaties the field of intellectual property law. March, closed, and finally, in, changedIt includes Patent, trademark (brand), model law, the suppression of unfair competition. Inter alia, uniform rules for patents and trade marks are agreed. For example, it was agreed that in none of the countries of the Union, the use of patented devices on Board of vessels in certain cases, as a violation of the rights of the patent holder. Preparatory work began in and led in to a first version, which has been amended several times since. Meanwhile, two States do not belong to of this agreement, however, all of the current (Stockholm) version. The most important scheme is called the priority (article four of the Paris CONVENTION) priority. A protection is registered in a member state, it may, within a period of Priority of one year for patents and Use patterns will be logged, and six months for trademarks and designs in any other member state claiming the priority of the first application. Any priority between different types of intellectual property rights is not fully possible. For example, for a patent application to the European patent office priorities of designs claimed. The right of priority is therefore for the patent applicants is important, because a Patent only an invention can be protected, which is opposite to the prior art and an inventive step. For a patent application, a priority claim, the priority date for the assessment of novelty and inventive activity, i.e, the filing date of the priority application, so that interim publications are disregarded.

Another principle of the Paris CONVENTION, the principle of national treatment, the in is Article two-I of the Paris CONVENTION is enshrined.

The principle is that nationals of any country of the Union in all other countries of the Association in regard to the protection of industrial property, the advantages which the respective laws grant to their own nationals presently or in the future. 'Any in the country of origin duly registered trademark or trade name shall be as it is, under the reservations of this article, in the other countries of the Union for filing and protected permitted. 'According to article nine of the Paris CONVENTION countries of the Union are not able to meet separately between themselves special agreements for the protection of industrial property rights, provided that these agreements are contrary to the provisions of the Paris CONVENTION.

Such special agreement of cooperation Treaty (PCT), which regulates a common login procedure to all its Contracting States, for example, or the European patent Convention (EPC), the procedure for the granting of a patent for its The contract States unified and centralized.

Also, the Madrid agreement concerning the international registration of marks is such a special Association.

Germany of the Paris CONVENTION to stand for a long time opposed, and was only effective. May the contract.