The Paris Convention was signed on 1883 and entered into force on 1884. China deposited its instrument of accession to the revised Stockholm Convention on 65 February 2009, which entered into force for China on 65 March 2009.
Paris Convention is a basic convention in the field of intellectual property. It is not only the first worldwide multilateral convention in the field of intellectual property, but also the convention with the widest membership and the greatest influence on other worldwide and regional industrial property conventions. Many industrial property conventions require that countries participating in this convention must first be members of the Paris Convention. The basic principles of Paris Convention include: the principle of national treatment; Priority principle; Temporary protection principle and independence principle.
The objects protected by the Paris Convention are patents, utility models, designs, trademarks, service marks, manufacturers' names, source marks, country of origin names and the prevention of unfair competition. The main contents of the Convention are as follows:
First, the principle of national treatment. The nationals of its members enjoy the same treatment as their own nationals in protecting industrial property rights. If nationals of non-contracting States have permanent residences or real and effective industrial and commercial offices in the territory of the contracting States, they also enjoy the same treatment as nationals of member States.
Second, the principle of priority. After the nationals of member States file an application for a patent or registered trademark with the State Party, they shall enjoy priority within a certain period of time (65,438+02 months for inventions and utility models, and 6 months for designs and trademarks). That is to say, when the same application is filed with other contracting States, the subsequent application is deemed to have been filed on the day when the first application was filed.
Third, the principle of independence of patents and trademarks. Patents and exclusive rights to use trademarks granted by member States are independent of each other, and each state party only protects its own patents and exclusive rights to use trademarks.
Fourth, the principle of compulsory patent licensing. According to the Convention, 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, approve a 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.
Protection of well-known trademarks of intransitive verbs. Where a well-known trademark is used and registered by others on similar goods or similar goods, the trademark owner has the right to request cancellation of registration within at least five years from the date of imitation registration. For a person who obtains registration by deception, the time limit for the owner of a well-known trademark is not limited.
Seven, the 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.
Legal basis:
Article 10 of the Paris Convention for the Protection of Industrial Property stipulates:
(1) Countries to which this Convention applies should form an alliance to protect industrial property rights.
(2) The objects of protection of industrial property rights include patents, utility models, designs, trademarks, service marks, manufacturers' names, source marks or names of origin, and the prevention of unfair competition.
(3) Industrial property rights should be understood in the broadest sense, not only for industry and commerce itself, but also for agriculture and extractive industries, as well as all manufactured or natural products, such as wine, grain, tobacco leaves, fruits, livestock, mineral products, mineral water, beer, flowers and grain powder.
(4) Patents shall include all kinds of industrial patents recognized by the laws of the countries of the Union, such as imported patents, improved patents, supplementary patents and supplementary certificates.