Q: What is the content of the Paris Convention for the Protection of Industrial Property?
A: The main
Q: What is the content of the Paris Convention for the Protection of Industrial Property?
A: The main contents of the Convention are as follows:
(1) Protection scope of industrial property rights. Paragraph 2 of Article L of the Paris Convention stipulates that the scope of protection of industrial property rights includes inventions, utility models, designs, trademarks, service marks, names of manufacturers, marks or names of origin, and the prevention of unfair competition.
(2) the principle of national treatment. Article 2 of the Paris Convention stipulates that, in the protection of industrial property rights, the nationals of the member countries of the Convention shall enjoy all kinds of benefits granted or to be granted by the laws of other member countries, regardless of whether they have domicile or business office in that country.
(3) the principle of priority. Article 4 of the Paris Convention stipulates that applicants for inventions, utility models, designs and trademarks have priority, but it should be noted that the priority principle of the Convention does not apply to trade names, goodwill and names of origin.
(4) The principle of compulsory license. In order to prevent the patentee from abusing the patent right (such as not using the patented technology within the legal time and not allowing others to use it), Article 5 of the Paris Convention stipulates that each member state may take legislative measures to stipulate that compulsory licenses may be approved under certain conditions.
(5) The principle of patent and trademark independence. Paragraph 2 of Article 4 of the Paris Convention stipulates that the patent rights and trademark rights granted by different member countries to the same invention and creation are independent of each other and do not affect each other.
(6) Temporary protection. Article 1 1 of the Paris Convention stipulates that each member state of the Convention must provide temporary protection for inventions, utility models or designs that can be patented and registered at officially recognized international exhibitions held by any member state according to its own laws. The protection period is the same as the priority period.
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