Paris Convention for the Protection of Industrial Property
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The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, is an important and one of the first intellectual property treaties. Thanks to this treaty, intellectual property systems, including patents, of any contracting state are accessible to the nationals of other states party to the Convention.
The right of priority or priority right is also established by this treaty: it provides that an applicant from one contracting State shall be able to use its first filing date (in one of the contracting State) as the effective filing date in another contracting State, provided that he files another application within 6 (for industrial designs and trademarks) or 12 months (for patents and utility models) from the first filing.
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History
After a diplomatic conference in Paris in 1880, the Convention was signed in 1883 by 11 countries: Belgium, Brazil, France, Guatemala, Italy, the Netherlands, Portugal, Salvador, Serbia, Spain and Switzerland.
The Treaty was revised at Brussels, Belgium, on December_14, 1900, at Washington, United States, on June_2, 1911, at The Hague, The Netherlands, on November_6, 1925, at London, United Kingdom, on June_2, 1934, at Lisbon, Portugal, on October_31, 1958, and at Stockholm, Sweden, on July_14, 1967, and was amended on September_28, 1979.
The Convention now has 169 country members, which makes it one of the most widely adopted (or maybe the most adopted) treaty worldwide (though Taiwan is not party of the Convention).
Administration
The Paris Convention is administered by the World Intellectual Property Organisation (WIPO), based in Geneva, Switzerland.
See also
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)
- Budapest Treaty
- Intellectual property
- Patent Cooperation Treaty (PCT)
- Patent Law Treaty (PLT)
- Substantive Patent Law Treaty (SPLT)
- World Intellectual Property Organisation (WIPO)
References
- Guide to the Application of the Paris Convention for the Protection of Industrial Property As Revised at Stockholm in 1967, G.H.C. Bodenhausen, (World Intellectual Property; February 1, 1968) ISBN 92-805-0368-5
- Die Unionspriorität im Patentrecht, Grundfragen des Artikels 4 der Pariser Verbandsübereinkunft, Dr. Reinhard Wieczorek, 1975, Köln, C. Heymanns, ISBN 3-452-17822-6
External links
- Paris Convention page on the WIPO web site (http://www.wipo.int/treaties/en/ip/paris/index.html)
- Haberman v Comptroller (http://www.bailii.org/ew/cases/EWHC/Patents/2003/430.html): an interesting and well-written decision that helps to understand the concept of priority.de:Pariser Verbandsübereinkunft zum Schutz des gewerblichen Eigentums