Lesson 24: Paris Convention

The Paris Convention for the Protection of Industrial Property, commonly referred to as the Paris Convention, is an international treaty that was signed in 1883. It is one of the most significant treaties in the field of intellectual property law. The Paris Convention was the first major step taken to help creators ensure that their intellectual works were protected in other countries.

Overview

The Paris Convention applies to various types of intellectual property, including patents, trademarks, and industrial designs. The key principle of the Paris Convention is to provide national treatment to the citizens of other member countries.

Key Provisions

  • National Treatment: Equal treatment for nationals and non-nationals.
  • Right of Priority: An applicant can use the filing date of the initial application in one member country as the effective filing date in other member countries if filed within a certain period.
  • Common Rules: Minimum standards for protection and enforcement.
Example: A US patent applicant files a patent application in the United States on January 1, 2023. They have six months to file the same patent application in other member countries under the Paris Convention and still retain the original filing date of January 1, 2023.

Right of Priority

The right of priority allows an applicant to claim the filing date of their first application in one member country as the filing date in another member country, provided that the subsequent application is filed within a certain time frame.

Member Countries

The Paris Convention has a wide membership. As of now, there are 177 member countries. A detailed list of member countries can be found here.

graph TD; A["Paris Convention"] --> B["National Treatment"]; A --> C["Right of Priority"]; A --> D["Common Rules"];

Further Readings and Resources