The basic principles stipulated in the Paris Convention are as follows:
1. The principle of national treatment
That is, the nationals of any member country within the Paris Union shall have the right to protect industrial property rights. , can enjoy in other member states of the Union various benefits that the laws of each country now or in the future grant to the nationals of that country. Nationals of non-member states also enjoy the same treatment as nationals of member states if they have a residence or a real and effective industrial and commercial establishment in the territory of a member state.
2. Priority principle
That is, after a national of a member country files an application for the first time with a contracting country, he or she may apply within a certain period (12 months for inventions and utility models, and 12 months for industrial designs and trademarks). Within 6 months), apply for protection in all contracting countries, and use the date of the first application as the date of filing subsequent applications.
3. *** Regulations to be followed
In terms of patents: the main ones are patent independence, the inventor’s signature right in the patent certificate, the conditions for not granting patent rights, and Compulsory licenses are granted under certain conditions, and the use of patented inventions on ships, aircraft or vehicles to temporarily enter another country is not considered to be an infringement of patent rights. In terms of trademarks: there are mainly independent trademark rights and exceptions. Trademark registration shall not be affected by the nature of the goods. , protection of well-known trademarks, prohibition of signs used as trademarks, etc.
Expand knowledge:
The Paris Convention for the Protection of Industrial Property (Paris Convention on the Protection of Industrial Property), referred to as the "Paris Convention", was signed in Paris on March 20, 1883, and was signed on July 7, 1884. Take effect. 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, origin marks or designations of origin, and the prevention of unfair competition, etc. The basic purpose of the Paris Convention is to ensure that the industrial property rights of one member state are protected in all other member states.
The initial member states of the Convention were 11, and today, as of July 6, 2022, with the official accession of Cape Verde, the total number of parties to the Convention has reached 179 countries , China became a member of the Convention on March 19, 1985. The Chinese government stated in its instrument of accession that the People's Republic of China is not bound by Article 28, paragraph 1, of the Convention.
Before and after our country joined the Convention, our country also formulated supporting laws such as Trademark Law, Patent Law, Anti-Unfair Competition Law, Consumer Rights Protection Law, Advertising Law and other laws to make it Match it.