Skip to main content

Paris Convention for the Protection of the Industrial Property

 Paris Convention for the Protection of the Industrial Property 

Before 1883, industrialisation had already begun and international trade was also on rise. To obtain a patent, novelty is a criteria and for novelty, the parameter is that something similar should not be existing anywhere in the world and it was difficult to obtain patent in all these countries simultaneously. Therefore, a desire for harmonisation of laws was there largely with respect to trademark and patent. 

Paris Convention applies to industrial property. The convention for the first time discussed two important concepts: 

National Treatment : If government of a particular nation treats its citizens in a particular manner, it is obliged to treat the citizens of other countries in a same manner. As per the convention, every member country must provide same protection to citizens of other member states that it provides to its own citizens. The same national treatment must be granted to nationals of countries which are not party to the Paris Convention if they are domiciled in a member country or if they have a “real and effective” industrial or commercial establishment in such a country.

Right of Priority : If an individual has applied for protection in one member state, he will get a certain period of time (12 months for patents and utility models, 6 months for industrial designs and marks) to apply for the protection in other member states without violating or breaking the novelty. 

Priority Date : The date of first filing of application for a patent in any of the convention countries. 

Priority Art : Knowledge in the form of prior use or publication. It will be seen whether the device is already in use or a literature is available in any part of the world regarding the same.   


  1. The patents granted in the member states for the same invention are independent of each other. The examination of the patent application will be done as per the independent rules of member states. The fact that an application has been accepted or rejected in other member states is immaterial for any particular state to consider an application for patent in its own country. 

  2.  The inventor has the right to be named in the patent. Whether the inventor will be given royalty or not is immaterial but there exists the moral right. 

  3. The convention also talked about grant of compulsory licenses. It can be granted in certain circumstances like failure to work, insufficient working of the patented invention. However, it can be granted only after 3 years from the grant of patent or 4 years from the filing date of the patent application. 

  4. Forfeiture of patent can take place only when compulsory licensing proved to be insufficient and it can be done after expiration of two years from the grant of first compulsory license. 

  5. A mark registered in origin country, on request must be protected in its original form in other member states as well. 

  6. Member country are obliged to refuse the registration and to prohibit the use of a trademark that is liable to create confusion with another trademark already well known in that member country.

  7. If there are certain official exhibitions which are backed by member states, a temporary protection will be granted to invention, industrial design, utility model or product even if filing of that is not done. Such temporary protection shall not extend what is mentioned in Article 4. If later, the right of priority is invoked, the period will start from date of introduction of the good (Article 11).

  8. Inter-state disputes can be settled amicably through negotiation or it can be brought before the ICJ.  

  9. The convention does not mention the minimum term of protection, it only talks about the priority date.

  10. Utility model has only been discussed in this convention. 

  11. It mandated that the member states should have laws with respect to unfair competition.


Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti