2. The principle of priority. According to the Paris Convention, any trademark applied for registration in a contracting state can enjoy priority within six months from the date of the first application, that is, if the applicant files the same application with other member States within the six-month priority period, the date of subsequent application can be regarded as the date of the first application. The function of priority is to protect the first-time applicant from being preempted by a third party because the dates of the two applications are different when applying for the same registration in other member countries. An applicant for a patent for invention, utility model or industrial design may file an application for the same invention with other member States within a certain period of time (65,438+02 months for invention and utility model and 6 months for industrial design) from the date of the first application to one of the member States, and the date of the subsequent application. The condition is that the applicant must have completed the first qualified application in one of the member countries, and the content of the first application must be exactly the same as the patent application filed in other member countries in the future.
3. The principle of independence. The conditions for applying for and registering a trademark are determined by the domestic laws of each member country, which are independent. An application for trademark registration filed by a national of a member state cannot be rejected or declared invalid on the grounds that the applicant has not applied, registered or renewed in his own 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. In other words, a trademark is independent of the original trademark after it is registered in a member country. Even if the original country of registration has revoked the trademark, or it is invalid because it has not been renewed, it will not affect its protection in other member States. Patents obtained by the same invention in different countries are not related to each other, that is, each member country independently grants or refuses, or revokes or terminates the patent right of an invention according to its own laws, and is not affected by the treatment of the patent right by other member countries. In other words, inventions that have been patented in one member state may not be available in another member state; On the other hand, a patent application rejected in one member country may not be rejected in another member country.
4. The principle of compulsory patent licensing. According to the Convention, each member country can take legislative measures to stipulate that compulsory license can be approved under certain conditions, so as to prevent the patentee from abusing the patent right. If the patentee fails to implement or not fully implement the patent within four years from the date of application or three years from the date of patent approval (whichever is longer), the relevant member States have the right to take legislative measures to approve the compulsory license and allow a third party to implement the patent. If two years after the first approval of the compulsory license, it still cannot prevent the abuse caused by the grant of the patent right, the procedure for revoking the patent can be put forward. The convention also stipulates that compulsory license shall not be exclusive or transferable; However, if it is transferred together with the enterprise or brand part that uses this license, it is allowed.
5. Use of trademarks. According to the Convention, a registered trademark of a member state must be used, and its registration can only be revoked after a certain reasonable period of time and the parties cannot give a legitimate reason for not using it. A trademark that has been registered in a member country shall not be rejected if the pattern of the accessory 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. If a trademark is owned by several industrial and commercial companies, it does not affect its application for registration and legal protection in other member countries, but the trademark used together with the trademark is based on the premise of not deceiving the public and not violating the public interest.
6. Protection of well-known trademarks. No matter whether the well-known trademark itself is registered or not, all members of the convention should prohibit others from using the same or similar trademarks and refuse to register the same or similar trademarks. For a person who obtains registration by deception, the time limit for the owner of a well-known trademark is not limited.
7. Transfer of trademark rights. If the laws of its member States stipulate that the transfer of trademark rights should take effect with its business, it can be recognized as effective only by transferring the business of that country, without transferring all domestic and foreign businesses. However, such transfer should be based on the condition that it does not cause public misunderstanding about the source, nature or important quality of the goods with trademarks.
8. Temporary protection of exhibition products. Member States of the Convention shall provide temporary legal protection for patents and trademarks of products exhibited in official or officially recognized international exhibitions held in the territory of member States of the Convention according to their domestic laws.