With the increasingly integrated economy and network expansion, economic-related problems are happening more and more frequently and on a larger scale. Especially in the field of protection
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1. What is the Paris Convention?
The Paris Convention is a document providing for the protection of industrial property with the English name Paris Convention for the Protection of Industrial Property, commonly referred to as the Paris Convention. This Agreement was signed in Paris in 1883, then was revised to suit the situation and actual needs of the member countries. Accordingly was revised in 1900 in Brussels. And it all ended with the adoption of an amendment to the Paris Convention.
2. Relevant legal terms translated into English
The Paris Convention is translated into English as follows: Paris Convention
3. Basic content and membership of the Paris Convention
First, the basic contents of the Paris Convention
One, national treatment of citizens of Union member states
– In the field of industrial property protection, nationals of any Member State shall enjoy the same favorable conditions as nationals of all other Member States as provided for by their respective laws. or shall prescribe that; without prejudice to the rights specifically provided for in this Convention. They therefore enjoy the same protection and legal protection against any infringement of their rights as nationals of another Member State, provided that they comply with the conditions and procedures prescribed for the public. the people of that country.
– However, it is not possible to impose on nationals of the member countries of the Union any conditions of residence or domicile in the claimed country for the enjoyment of any industrial property rights. any.
– Regulations related to the requirements of judicial and administrative procedures, jurisdiction, the choice of a transaction address or appointment of a representative if any in the industrial property law of each member states are fully reserved.
In addition, Article 3 of the Agreement also provides for the case for nationals of other countries that are not members of the Union, but who reside or have a real and effective commercial or industrial establishment in the territory of the Union. territory of one of the member states of the Union shall be accorded the same treatment as the nationals of the member states of the Union.
Second, the right of priority is provided for in the Paris Convention
– Any person who has duly filed a patent application or a utility model registration,
– Any application equivalent to a national application valid under the national law of any member state of the Union or under bilateral or multilateral treaties concluded between the member states of the Union shall be considered a single application. priority birth.
– A valid national application is any application that suffices to confirm the date it was filed in the country concerned, regardless of its eventual fate.
Consequently, no subsequent filing in any other Member State prior to the expiration of the said period shall be deemed null and void by any action taken during that period, for example by a other applications, by the publication or exploitation of patents, by the placing on the market of stamped products, or by the use of trademarks, and such actions do not confer any rights on the third party or any personal property rights. Any rights acquired by a third party prior to the date of the first application – the application being the basis of the right of priority – shall remain in accordance with the national law of each member state of the Union.
– The said time limit starts from the date of first filing of the application; The first filing date does not count within the time limit.
– A later application, within the meaning of paragraph (2) above, addressing the same subject matter as in the first application filed in the same Member State of the Union shall be deemed to be the first application, and the date of such filing shall be is the landmark time for calculating the priority period, if at the time of filing the following application, the above-mentioned previous application has been withdrawn, not considered further, or has been rejected but has not yet been released to the public for examination and is not left behind. any unresolved rights, and if not the basis for claiming priority rights. At that time, the application submitted in advance will no longer be used as the basis for claiming priority.
– The above facts must be published in the documents of the competent authority, in particular in the patent and related descriptions.
– No other requirements may be made at the time of filing the form for the declaration of priority. Each member state of the Union shall fix the consequences of failure to satisfy the formal requirements set forth in this Article, but such consequences shall in no case exceed the loss of priority.
– In addition, it may be permissible to file a utility model application in a country with a claim of priority on the basis of a single patent application, and vice versa.
– No member country of the Union shall deny priority or deny a patent application on the grounds that the applicant claims complex priority, even if the priority rights originate from more than one person. different countries, or by reason of an application claiming one or more priority rights contains one or more elements not included in the application or the applications upon which the claim is based, provided that, in both In those two cases, the application must satisfy the uniformity of the invention according to the provisions of national law.
For elements not included in the application or the applications upon which the priority is claimed, the subsequent filing of the application gives rise to the right of priority under the usual conditions.
– If the test results confirm that the patent application includes many inventions, the applicant can split the application into a certain number of separate applications and keep the original filing date as the filing date of each such application, and Preserve priority, if any.
– The applicant can also actively split the patent application on his own and keep the original filing date as the filing date of each newly split application and retain the priority right, if any. Each member state of the Union has the right to determine the conditions for such separation of applications.
– Priority cannot be denied on the ground that some element of the invention for which priority is claimed does not appear among the claims of the application filed in the country of origin, provided that all the application’s set of documents clearly discloses such elements.
– An application for an invention patent filed in a country where the applicant has the right to choose for himself between an application for a patent and an application for an invention patent shall give rise to the right of priority as provided for in this Article, with the same conditions and consequences as the patent application.
– In the country where the applicant has the right to choose between applying for a patent and applying for an invention patent, the applicant for an invention patent will enjoy priority on the basis of the patent application. , utility form or patent application, in accordance with the provisions of this Article relating to patent applications.
In addition to the two basic contents specified in the above Convention, there are other contents such as establishing the rights and obligations of individuals and legal entities; implementation of the Convention, dispute settlement sanctions…
Thus, we can see that the Paris Convention of 1883 was the foundation for the birth of many other international treaties. These treaties have brought many extremely positive effects to the civilization and healthy competition of nations. This was very consistent with the original purpose of this Convention, which was to form an international union for the protection of industrial property, to develop framework regulations conducive to the registration of industrial property protection for industrial property owners. subject to intellectual property rights of nationals of one country in respect of nationals of another Contracting Party.
Second, the members of the Paris Convention
From the time of signing until now, the Paris Convention has undergone many revisions at international conferences such as Brussels, Belgium, USA, The Hague, the Netherlands… and this has led to many countries having the opportunity. become a party to the Convention. As of January 15, 2002, there are 162 countries that are parties to the Paris Convention, namely: Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia-Herzegovina, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Ivory Coast, Croatia, Cuba, Cyprus, Czech, Democratic People’s Republic of Korea, Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Finland, France , Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea Biso, Guyana, Haiti, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Korea Country, Moldova, Romania, Russian Federation, Ruanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Sao Tome and Principe, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, South Africa, Spain , Sri Lanka, Sudan, Suriname, Swazilan, Sweden, Switzerland, Syria, Tajikistan, former Yugoslavia, Macedonia, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates United Arab Emirates, Great Britain, Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Vietnam, Yugoslavia, Zambia, Zimbabwe.
Thus, with many amendments and supplements, the provisions of the Paris Convention have created conditions for many countries to join together and have been continuously increasing until now. And around the Paris Convention, it will stipulate the main contents of the principle of national treatment, the right of priority, some general principles for the industrial property protection system that member countries must comply with and administrative provisions for the implementation of the Convention.
Above is the content of advice from Le Hong Phong High School on what is the Paris Convention? Basic content and membership of the Paris Convention. If you have any questions, please contact us for specific answers.
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