Paris Convention for the Protection of Industrial Property

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Paris Convention for the Protection of Industrial Property
Short title: Paris Union Convention
Title (engl.): Paris Convention for the Protection of Industrial Property
Abbreviation: PVÜ
Date: March 20, 1883
Reference: RGBl. 1903, p. 147
Contract type: Multinational
Legal matter: Intellectual Property
Ratification : 177 (April 13, 2018)

Germany: May 1, 1903
Liechtenstein: July 14, 1933
Austria: June 1, 1928
Switzerland: June 15, 1929
Please note the note on the applicable contract version .

The Paris Convention for the Protection of Industrial Property ( Paris Convention) is one of the first international treaties in the field of industrial property protection . It is administered by WIPO and was closed on March 20, 1883 and last changed in 1979.

In addition to patent , trademark ( trademarks ) and design law, it also includes the suppression of unfair competition . Among other things, uniform rules for patents and trademarks are agreed therein .

For example, it was agreed that in none of the member states the use of patented devices on board ships would in any case be viewed as an interference with the rights of the patent holder.

Preparatory work began in 1873 and resulted in a first version in 1883, which has since been changed several times. 176 states now belong to this agreement, but not all of the current (Stockholm) version.

The most important regulation is the priority (Art. 4 Paris Convention), also known as Union priority . If a property right is applied for in one Member State, it can be applied for within a priority period of one year for patents and utility models and 6 months for trademarks and designs in any other Member State using the priority of the first application. However, any priority between different types of property right is not possible without restriction. For example, priorities from designs cannot be claimed for a patent application at the European Patent Office .

The right of priority is important for the patent applicant because a patent can only protect an invention that is new to the state of the art and is based on an inventive step. If a priority is claimed for a patent application, the priority date is decisive for the assessment of novelty and inventive step, i. H. the filing date of the priority application, so that publications in the meantime are not taken into account.

Another principle of the Paris Convention is the principle of national treatment , which is anchored in Art. 2 I Paris Convention. The principle states that the nationals of each of the countries of the Union enjoy in all other countries of the Union, with regard to the protection of industrial property, the advantages that the relevant laws present or will give to their own nationals.

Furthermore, Art. 6 quinquies PVÜ contains a telle quelle clause (French: as it is ). "Every brand or trade mark duly registered in the country of origin shall be admitted for deposit and protected as it is , subject to this article, in the other countries of the Union."

According to Art. 19 of the Paris Convention, member states of the Union can individually conclude special agreements for the protection of industrial property, provided that these agreements do not conflict with the provisions of the Paris Convention. Such special agreements are, for example, the cooperation agreement (PCT), which regulates a common filing procedure for all its contracting states, or the European Patent Convention (EPC), which standardizes and centralizes the procedure for granting patents for its contracting states. The Madrid Agreement on the International Registration of Trademarks is such a special association.

For a long time Germany was opposed to the Convention and did not join the treaty until May 1, 1903.

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See also

Individual evidence