What is the principle of independence between trademark right and patent right in Paris Convention?

Paris Convention refers to the Paris Convention for the Protection of Industrial Property, which was concluded in Paris on March 20th, 1983. It is one of the treaties managed by the World Intellectual Property Organization. The adjustment object of Paris Convention, that is, the scope of protection, is the principle of industrial independence.

The principle of independence refers to

(1) 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.

(2) 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 of the same invention obtained 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.

(3) In other words, inventions that have been patented in one member country may not be obtained in another member country; On the other hand, a patent application rejected in one member country may not be rejected in another member country.