What are the basic principles of patent protection in the Paris Convention?
(1) principle of national treatment. In the protection of industrial property rights, each member of the convention must legally give other members of the convention the same treatment as their nationals; Even if he is a national of a non-member country, as long as he has a domicile or a real and effective industrial and commercial office in a member country of the convention, he should be treated equally with the nationals of that country. (2) the principle of priority. According to the Convention, an applicant for a patent for invention, utility model and industrial design may file an application for the same invention with other member States within a certain period from the date of first application (12 months for inventions and utility models and 6 months for industrial designs), and the date of subsequent application is that date. (3) the principle of independence. Patents obtained by the same invention in different countries are irrelevant, that is, each member country independently grants or refuses, or revokes or terminates the patent right of an invention according to the laws of that country, and is not affected by the treatment of the patent right by other member countries. In other words, inventions that have been patented in one member state may not be available in another member state; On the other hand, a patent application rejected in one member country may not be rejected in another member country. (4) The principle of compulsory patent licensing. According to the Convention, each member country can take legislative measures to stipulate that compulsory license can be approved under certain conditions, so as to prevent the patentee from abusing the patent right. 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 to approve the 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; The third party that allows the use of the patent still has to pay the patent royalties to the patentee. (5) Temporary protection of exhibition products. Member States of the Convention shall provide temporary legal protection for patents contained in products exhibited at official or officially recognized international exhibitions held in the territory of member States of the Convention, and the protection period shall be the same as the priority.