(A) the principle of national treatment
This was first put forward in the Paris Convention for the Protection of Industrial Property, and it was once again emphasized in the TRIPS Agreement that all international conventions and members of intellectual property rights must abide by the basic principles. The meaning of this principle is that in the protection of intellectual property rights, the laws of each member must give nationals of other members the same treatment as nationals of their own country or region. If you are a non-member national, you can also enjoy national treatment after meeting certain conditions. For example, in terms of copyright protection, a citizen's works can enjoy national treatment in that member country as long as they are first published in that member country.
(2) The most-favored-nation treatment principle
At first, this principle was only applicable to international trade in tangible goods, and later it was extended to the field of intellectual property protection through TRIPS agreement. Refers to the benefits, preferential treatment, privileges or immunities given by a contracting party to a contracting party or a non-contracting party in the protection of intellectual property rights, which shall be immediately and unconditionally given to other contracting parties. The principle of national treatment solves the problem of equal protection between nationals and foreigners, while the principle of most-favored-nation treatment solves the problem of equal protection between foreigners. The similarity lies in the prohibition of discrimination or differential treatment in intellectual property protection.
(3) the principle of transparency
Transparency originally refers to the laws and regulations on intellectual property protection promulgated and implemented by members, as well as the final judicial decisions and final administrative rulings that are generally applicable, which should be promulgated in the language of the country or made known to the governments and rights holders of members in other ways.
Principle of independent protection
This principle means that the legal protection of the same intellectual achievements by nationals of one member state in other contracting States (or regions) is independent of each other. The emergence, invalidation or termination of intellectual property rights in one member does not necessarily lead to the emergence, invalidation or termination of intellectual property rights in other members.
(5) the principle of automatic protection
This is a basic principle that only applies to copyright protection. It means that the author does not need to go through any formalities when enjoying and exercising the copyright enjoyed by members' nationals, and the formalities such as registration, submission of samples and copyright marking cannot be used as the conditions for the creation of copyright.
(vi) Priority principle
Priority is one of the most important rights granted by the Paris Convention for the Protection of Industrial Property to the nationals of the contracting state, which has been affirmed by the TRIPS Agreement, and has solved the unfair competition caused by foreigners applying for patent rights and trademark rights for various reasons. It means that an applicant who files an application for the registration of an invention patent, utility model, design or trademark in a contracting member can enjoy priority on the application date if he files the same application with other members within the prescribed time limit. In other words, the date of the first application to one member can be regarded as the date of the actual application to other members. The duration of priority depends on different industrial property rights. For inventions and utility models, it is 12 months from the date of first application to members, and 6 months for designs and trademarks.
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