The principle of priority in the "Paris Convention" means that an applicant who has formally filed for an invention patent, utility model patent, design patent or trademark registration in one member state shall file the same application in other member states. Applications shall enjoy priority within the specified period.
The right of priority in the "Paris Convention" does not apply to all industrial property rights referred to in the Convention. It only applies to invention patents, utility models, designs and trademarks, and does not apply to trade names, goodwill, The name of the place of origin, etc. does not apply. In our country, the principle of priority is reflected in the patent law.
The adjustment object of the Paris Convention, that is, the scope of protection, is industrial property rights. Including invention patent rights, utility models, industrial designs, trademark rights, service marks, manufacturer names, goods markings or names of origin, as well as the prevention of unfair competition, etc. Let's find the editor of the French Open to introduce you to the basic principles and specific provisions of the Paris Convention in detail.
Principle of Independence
The conditions for applying for and registering a trademark are determined by the 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 refused or the registration invalidated on the grounds that the applicant has not applied, registered or renewed it in that country. A trademark officially registered in one member state has no bearing on the trademark registered in other member states, including the country where the applicant is located.
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, it will still be independent of the original trademark. It does not affect the protection it enjoys in other member states. Patent rights obtained in different countries for the same invention have nothing to do with each other.
That is, each member state independently grants or refuses, revokes, or terminates an invention patent right in accordance with the laws of that country, and is not affected by other member states' handling of the patent right. This means that an invention that has been patented 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 rejected in another member state.