Priority principle is a basic principle in the field of intellectual property rights, which allows applicants to submit patent, trademark or copyright applications with the same subject matter as the original application in other countries or regions within a certain period of time, and make them enjoy the same priority as the original application. Therefore, the priority principle is mainly embodied in the application procedure of intellectual property rights.
If there is anything wrong with the priority principle, one possible mistake is that the priority principle applies to all types of intellectual property rights. In fact, although the priority principle is often used in patent, trademark and copyright applications, it does not apply to all types of intellectual property rights. For example, domain name registration does not involve the concept of priority, but determines the ownership of domain names on a first-come-first-served basis.
In patent applications, the principle of priority allows the applicant to submit a follow-up application for the same invention to the patent offices of other contracting States according to the priority obtained in any patent application in one contracting state. In this way, the applicant can protect his invention from being infringed by others for a certain period of time, and at the same time give him enough time for further research and development, market research and preparation of business plan. This is very important for global patent protection and international business development.
In copyright application, the principle of priority is usually called the principle of announcement. This means that if a work is published or registered for the first time in a certain country or region and then applies for copyright protection within a certain period of time, then the applicant will enjoy priority and enjoy the same copyright protection as the original application in other countries or regions. This provides an opportunity for authors and artists to protect their works on the international stage.
On the wrong extension of priority principle
In trademark application, the priority principle can help the applicant to protect the brand value of his trademark on a global scale. If a trademark is successfully registered in a country or region, the applicant may submit an application for the same trademark to the Trademark Office of other countries or regions within a certain period of time, and enjoy the priority to avoid others registering the same trademark first.
The principle of priority provides certain convenience and protection for intellectual property applicants, promotes the development of innovation and creation, and strengthens international cooperation in intellectual property protection. However, different types of intellectual property rights and international organizations may have different provisions and applicable conditions.