Paris Convention for the Protection of Industrial Property
Paris Convention for the Protection of Industrial Property of March 20,1883, as revised at
BRUSSELS on December 14, 1900, at WASHINGTON on June 2, 1911, at THE HAGUE on November 6, 1925,
at LONDON on June 2, 1934, at LISBON on October 31, 1958, and at STOCKHOLM on, July 14,
1967, and as amended on October 2, 1979 .
Article 1
[Establishment of the Union; Scope of Industrial Property]
* Articles have been given titles to facilitate their identification.
There are no titles in the signed (French) text.
(1) The countries to which this Convention applies constitute a Union for the protection of
industrial property.
(2) The protection of industrial property has as its object patents, utility models, industrial
designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the
repression of unfair competition.
(3) Industrial property shall be understood in the broadest sense and shall apply not only to
industry and commerce proper, but likewise to agricultural and extractive industries and to all
manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral
waters, beer, flowers, and flour.
(4) Patents shall include the various kinds of industrial patents recognized by the laws of the
countries of the Union, such as patents of importation, patents of improvement, patents and certificates of
addition, etc.
Article 2
[National Treatment for Nationals of Countries of the Union]
(1) Nationals of any country of the Union shall, as regards the protection of industrial property,
enjoy in all the other countries of the Union the advantages that their respective laws now grant, or
may hereafter grant, to nationals; all without prejudice to the rights specially provided for by this
Convention. Consequently, they shall have the same protection as the latter, and the same legal remedy
against any infringement of their rights, provided that the conditions and formalities imposed upon
nationals are complied with.
(2) However, no requirement as to domicile or establishment in the country where protection is
claimed may be imposed upon nationals of countries of the Union for the enjoyment of any industrial
property rights.
(3) The provisions of the laws of each of the countries of the Union relating to judicial and
administrative procedure and to jurisdiction, and to the designation of an address for service or
the appointment of an agent, which may be required by the laws on industrial property are expressly
reserved.
Article 3
[Same Treatment for Certain Categories of Persons as for Nationals of Countries
of the Union]
Nationals of countries outside the Union who are domiciled or who have real and effective
industrial or commercial establishments in the territory of one of the countries of the Union shall be
treated in the same manner as nationals of the countries of the Union.
Article 4
[A to I. Patents, Utility Models, Industrial Designs, Marks, Inventors' Certificates: Right
of Priority. - G. Patents: Division of the Application]
A. (1) Any person who has duly fild an application for a patent, or for the registration of a
utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his
successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority
during the periods hereinafter fixed.
(2) Any filing that is equivalent to a regular national filing under the domestic legislation of any
country of the Union or under bilateral or multilateral treaties concluded between countries of the Union
shall be recognized as giving rise to the right of priority.
(3) By a regular national filing is meant any filing that is adequate to establish the date on
which the application was filed in the country concerned, whatever may be the subsequent fate of the
application.
B. Consequently, any subsequent filing in any of the other countries of the Union before the
expiration of the periods referred to above shall not be invalidated by reason of any acts accomplished in
the interval, in particular, another filing, the publication or exploitation of the invention, the putting on
sale of copies of the design, or the use of the mark, and such acts cannot give rise to any third-party right
or any right of personal possession. Rights acquired by third parties before the date of the first application
that serves as the basis for the right of priority are reserved in accordance with the domestic legislation
of each country of the Union
C. (1) The periods of priority referred to above shall be twelve months for patents and utility
models, and six months for industrial designs and trademarks.
(2) These periods shall start from the date of filing of the first application; the day of filing
shall not be included in the period.
(3) If the last day of the period is an official holiday, or a day when the Office is not open for
the filing of applications in the country where protection is claimed, the period shall be extended until
the first following working day.
(4) A subsequent application concerning the same subject as a previous first application within the
meaning of paragraph subparagraph (2) above, filed in the same country of the Union. shall be considered
as the first application, of which the filing date shall be the starting point of the period of priority,
if, at the time of filing the subsequent application, the said previous application has been withdrawn,
abandoned,or refused, without having been laid open to public inspection and without leaving any rights
outstanding, and if it has not yet served as a basis for claiming a right of priority. The previous
application may not thereafter serve as a basis for claiming a right of priority.
D. (1) Any person desiring to take advantage of the priority of a previous filing shall be
required to make a declaration indicating the date of such filing and the country in which it was made.
Each country shall determine the latest date on which such declaration must be made.
(2) These particulars shall be mentioned in the publications issued by the competent authority,
and in particular in the patents and the specifications relating thereto.
(3) The countries of the Union may require any person making a declaration of priority to
produce a copy of the application (description, drawings, etc.) previously filed. The copy, certified as
correct by the authority which received such application, shall not require any authentication, and may in
any case be filed, without fee, at any time within three months of the filing of the subsequent application.
They may require it to be accompanied by a certificate from the same authority showing the date of filing,
and by a translation.
(4) No other formalities may be required for the declaration of priority at the time of filing the
application. Each country of the Union shall determine the consequences of failure to comply
with the
formalities prescribed by this Article, but such consequences shall in no case go beyond the loss
of the
right of priority.
(5) Subsequently, further proof may be required. Any person who avails himself of the priority
of a
previous application shall be required to specify the number of that application; this number shall
be
published as provided for by paragraph subparagraph (2), above.
E. (1) Where an industrial design is filed in a country by virtue of a right of priority based on
the
filing of a utility model, the period of priority shall be the same as that fixed for industrial designs
(2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of
priority
based on the filing of a patent application, and vice versa.
F. No country of the Union may refuse a priority or a patent application on the ground that the
applicant claims multiple priorities, even if they originate in different countries, or on the ground
that an
application claiming one or more priorities contains one or more elements that were not included
in the
application or applications whose priority is claimed, provided that, in both cases, there is unity of
invention within the meaning of the law of the country.
With respect to the elements not included in the application or applications whose priority is
claimed, the filing of the subsequent application shall give rise to a right of priority under ordinary
conditions.
G. (1) If the examination reveals that an application for a patent contains more than one
invention, the applicant may divide the application into a certain number of divisional applications and
preserve as the date of each the date of the initial application and the benefit of the right of priority, if any.
(2) The applicant may also, on his own initiative, divide a patent application and preserve
as the date of each divisional application the date of the initial application and the benefit of the
right of
priority, if any. Each country of the Union shall have the right to determine the conditions under
which
such division shall be authorized.
H. Priority may not be refused on the ground that certain elements of the invention for which
priority is
claimed do not appear among the claims formulated in the application in the country of origin,
provided
that the application documents as a whole specifically disclose such elements.
I. (1) Applications for inventors' certificates filed in a country in which applicants have the
right to
apply at their own option either for a patent or for an inventor's certificate shall give rise to the
right of
priority provided for by this Article, under the same conditions and with the same effects as
applications
for patents.
(2) In a country in which applicants have the right to apply at their own option either for a
patent
or for an inventor's certificate, an applicant for an inventor's certificate shall, in accordance with
the
provisions of this Article relating to patent applications, enjoy a right of priority based on an
application
for a patent, a utility model, or an inventor's certificate.
Article 4bis
[Patents: Independence of Patents Obtained for the Same invention in Different
Countries]
(1) Patents applied for in the various countries of the Union by nationals of countries of the Union
shall be
independent of patents obtained for the same invention in other countries, whether members of
the Union
or not.
(2) The foregoing provision is to be understood in an unrestricted sense, in particular, in the
sense that
patents applied for during the period of priority are independent, both as regards the grounds for
nullity
and forfeiture, and as regards their normal duration.
(3) The provision shall apply to all patents existing at the time when it comes into effect.
(4) Similarly, it shall apply, in the case of the accession of new countries, to patents in
existence on
either side at the time of accession.
(5) Patents obtained with the benefit of priority shall, in the various countries of the Union, have
a duration equal to that which they would have, had they been applied for or granted without the
benefit of
priority.
Article 4ter
[Patents: Mention of the Inventor in the Patent]
The inventor shall have the right to be mentioned as such in the patent.
Article 4quater
[Patents: Patentability in Case of Restrictions of Sale byLaw]
The grant of a patent shall not be refused and a patent shall not be invalidated on the ground
that the
sale of the patented product or of a product obtained by means of a patented process is subject
to restrictions or limitations resulting from the domestic law.
Article 5
[A.Patents: Importation of Articles; Failure to Work or Insufficient Working; Compulsory
Licenses. - B. Industrial Designs: Failure to Work; Importation of Articles. - C. Marks: Failure to
Use;
Different Forms; Use by Co-proprietors. - D. Patents, Utility Models, Marks, Industrial Designs:
Marking]
A. (1) Importation by the patentee into the country where the patent has been granted of
articles
manufactured in any of the countries of the Union shall not entail forfeiture of the patent.
(2) Each country of the Union shall have the right to take legislative measures providing for
the
grant of compulsory licenses to prevent the abuses which might result from the exercise of the
exclusive
rights conferred by the patent, for example, failure to work.
(3) Forfeiture of the patent shall not be provided for except in cases where the grant of
compulsory
licenses would not have been sufficient to prevent the said abuses. No proceedings for the
forfeiture or
revocation of a patent may be instituted before the expiration of two years from the grant of the
first
compulsory license.
(4) A compulsory license may not be applied for on the ground of failure to work or insufficient
working before the expiration of a period of four years from the date of filing of the patent
application or
three years from the date of the grant of the patent, whichever period expires last; it shall be
refused if the
patentee justifies his inaction by legitimate reasons. Such a compulsory license shall be non-
exclusive
and shall not be transferable, even in the form of the grant of a sub-license, except with that part
of the
enterprise or goodwill which exploits such license.
(5) The foregoing provisions shall be applicable, mutatis mutandis, to utility models.
B. The protection of industrial designs shall not, under any circumstance, be subject to any
forfeiture,
either by reason of failure to work or by reason of the importation of articles corresponding to
those
which are protected.
C. (1) If, in any country, use of the registered mark is compulsory, the registration may be
cancelled only after a reasonable period, and then only if the person concerned does not justify
his
inaction.
(2) Use of a trademark by the proprietor in a form differing in elements which do not alter
the
distinctive character of the mark in the form in which it was registered in one of the countries of
the
Union shall not entail invalidation of the registration and shall not diminish the protection granted
to the
mark.
(3) Concurrent use of the same mark on identical or similar goods by industrial or
commercial
establishments considered as co-proprietors of the mark according to the provisions of the
domestic law
of the country where protection is claimed shall not prevent registration or diminish in any way
the
protection granted to the said mark in any country of the Union, provided that such use does not
result in
misleading the public and is not contrary to the public interest.
D. No indication or mention of the patent, of the utility model, of the registration of the
trademark, or of
the deposit of the industrial design, shall be required upon the goods as a condition of
recognition of the
right to protection.
Article 5bis
[All Industrial Property Rights: Period of Grace for the payment of Fees for the
Maintenance
of Rights; Patents: Restoration]
(1) A period of grace of not less than six months shall be allowed for the payment of the fees
prescribed
for the maintenance of industrial property rights, subject, if the domestic legislation so provides,
tothe
payment of a surcharge.
(2) The countries of the Union shall have the right to provide for the restoration of patents which
have
lapsed by reason of non-payment of fees.
Article 5ter
[Patents: Patented Devices Forming Part of Vessels, Aircraft,or Land Vehicles]
In any country of the Union the following shall not be considered as infringements of the rights
of a patentee
1. the use on board vessels of other countries of the Union of devices forming the subject of
his
patent in the body of the vessel, in the machinery, tackle, gear and other accessories, when such
vessels
temporarily or accidentally enter the waters of the said country, provided that such devices are
used there
exclusively for the needs of the vessel;
2. the use of devices forming the subject of the patent in the construction or operation of
aircraft or
land vehicles of other countries of the Union, or of accessories of such aircraft or land vehicles,
when
those aircraft or land vehicles temporarily or accidentally enter the said country.
Article 5quater
[Patents: Importation of Products Manufactured by a Process Patented in the
Importing
Country]
When a product is imported into a country of the Union where there exists a patent protecting a
process
of manufacture of the said product, the patentee shall have all the rights, with regard to the
imported
product, that are accorded to him by the legislation of the country of importation, on the basis of
the
process patent, with respect to products manufactured in that country.
Article 5quinquies
[Industrial Designs]
Industrial designs shall be protected in all the countries of the Union.
Article 6
[Marks: Conditions of Registration; Independence of Protection of same Mark in
Different Countries]
(1) The conditions for the filing and registration of trademarks shall be determined in each
country of the Union by its domestic legislation.
(2) However, an application for the registration of a mark filed by a national of a country of the
Union
in any country of the Union may not be refused, nor may a registration be invalidated, on the
ground that
filing, registration, or renewal, has not been effected in the country of origin.
(3) A mark duly registered in a country of the Union shall be regarded as independent of marks
registered in the other countries of the Union, including the country of origin.
Article 6bis
[Marks: Well-Known Marks]
(1) The countries of the Union undertake, ex officio if their legislation so permits, or at the
request of
an interested party, to refuse or to cancel the registration, and to prohibit the use, of a trademark
which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a
mark considered by the competent authority of the country of registration or use to be well known
in that
country as being already the mark of a person entitled to the benefits of this Convention and
used for
identical or similar goods.
These provisions shall also apply when the essential part of the mark constitutes a
reproduction of
any such well-known mark or an imitation liable to create confusion therewith.
(2) A period of at least five years from the date of registration shall be allowed for requesting
the cancellation of such a mark. The countries of the Union may provide for a period within which
the prohibition of use must be requested.
(3) No time limit shall be fixed for requesting the cancellation or the prohibition of the use of
marks registered or used in bad faith.
Article 6ter
[Marks: Prohibitions concerning State Emblems, Official Hallmarks, and Emblems of
Intergovernmental Organizations]
(1) (a) The countries of the Union agree to refuse or to invalidate the registration, and to
prohibit
by appropriate measures the use, without authorization by the competent authorities, either as
trademarks
or as elements of trademarks, of armorial bearings, flags, and other State emblems, of the
countries of the
Union, official signs and hallmarks indicating control and warranty adopted by them, and any
imitation
from a heraldic point of view.
(b) The provisions of subparagraph (a), above, shall apply equally to armorial bearings,
flags,
other emblems, abbreviations, and names, of international intergovernmental organizations of
which one
or more countries of the Union are members, with the exception of armorial bearings, flags, other
emblems, abbreviations, and names, that are already the subject of international agreements in
force,
intended to ensure their protection.
(c) No country of the Union shall be required to apply the provisions of subparagraph (b),
above, to
the prejudice of the owners of rights acquired in good faith before the entry into force, in that
country, of
this Convention. The countries of the Union shall not be required to apply the said provisions
when the
use or registration referred to in subparagraph (a), above, is not of such a nature as to suggest to
the public that a connection exists between the organization concerned and the armorial bearings,
flags, emblems, abbreviations, and names, or if such use or registration is probably not of such a
nature as to
mislead the public as to the existence of a connection between the user and the organization.
(2) Prohibition of the use of official signs and hallmarks indicating control and warranty shall
apply
solely in cases where the marks in which they are incorporated are intended to be used on goods
of the
same or a similar kind.
(3) (a) For the application of these provisions, the countries of the Union agree to
communicate
reciprocally, through the intermediary of the International Bureau, the list of State emblems, and
official
signs and hallmarks indicating control and warranty, which they desire, or may hereafter desire,
to place
wholly or within certain limits tinder the protection of this Article, and all subsequent
modifications of
such list. Each country of the Union shall in due course make available to the public the lists so
communicated. Nevertheless such communication is not obligatory in respect of flags of States.
(b) The provisions of paragraph (1)(b) of this Article shall apply only to such armorial
bearings, flags, other emblems, abbreviations, and names, of international intergovernmental
organizations as the latter have communicated to the countries of the Union through the
intermediary of
the International Bureau.
(4) Any country of the Union may, within a period of twelve months from the receipt of the
notification,
transmit its objections, if any, through the intermediary of the International Bureau, to the country
or
international intergovernmental organization concerned.
(5) In the case of State flags, the measures prescribed by paragraph (1), above, shall apply
solely to
marks registered after November 6, 1925.
(6) In the case of State emblems other than flags, and of official signs and hallmarks of the
countries of
the Union, and in the case of armorial bearings, flags, other emblems. abbreviations, and
names, of
international intergovernmental organizations, these provisions shall apply only to marks
registered more
than two months after receipt of the communication provided for in paragraph (3), above.
(7) In cases of bad faith, the countries shall have the right to cancel even those marks
incorporating
State emblems, signs, and hallmarks, which were registered before November 6, 1925.
(8) Nationals of any country who are authorized to make use of the State emblems, signs, and
hallmarks, of their country may use them even if they are similar to those of another country.
(9) The countries of the Union undertake to prohibit the unauthorized use in trade of the State
armorial
bearings of the other countries of the Union, when the use is of such a nature as to be
misleading as to the
origin of the goods.
(10) The above provisions shall not prevent the countries from exercising the right given in
Article 6 quinquies(B)(3), to refuse or to invalidate the registration of marks incorporating, without
authorization,
armorial bearings, flags, other State emblems, or official signs and hallmarks adopted by a
country of the
Union, as well as the distinctive signs of international intergovernmental organizations referred to
in paragraph (1), above.
Article 6quater
[Marks: Assignment of Marks]
(1) When, in accordance with the law of a country of the Union, the assignment of a mark is
valid only
if it takes place at the same time as the transfer of the business or goodwill to which the mark
belongs, it
shall suffice for the recognition of such validity that the portion of the business or goodwill
located in that
country be transferred to the assignee, together with the exclusive right to manufacture in the
said country,
or to sell therein, the goods bearing the mark assigned.
(2) The foregoing provision does not impose upon the countries of the Union any obligation to
regard
as valid the assignment of any mark the use of which by the assignee would, in fact, be of such a
nature as to mislead the public, particularly as regards the origin, nature, or essential qualities, of the
goods to which the mark is applied.
Article 6quinquies
[Marks: Protection of Marks Registered in One Country of the Union in the
Other Countries of the Union]
A. (1) Every trademark duly registered in the country of origin shall be accepted for filing and
protected as is in the other countries of the Union, subject to the reservations indicated in this
Article.
Such countries may, before proceeding to final registration, require the production of a certificate
of registration in the country of origin, issued by the competent authority. No authentication shall be
required for this certificate.
(2) Shall be considered the country of origin the country of the Union where the applicant
has
a real and effective industrial or commercial establishment, or, if he has no such establishment
within the
Union, the country of the Union where he has his domicile, or, if he has no domicile within the
Union but
is a national of a country of the Union, the country of which he is a national.
B. Trademarks covered by this Article may be neither denied registrationnor invalidated except
in the
following cases:
1. when they are of such a nature as to infringe rights acquired by third parties in the country
where
protection is claimed;
2. when they are devoid of any distinctive character, or consist exclusively of signs or
indications
which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, place
of origin, of the goods, or the time of production, or have become customary in the current
language or in the
bona fide and established practices of the trade of the country where protection is claimed;
3. when they are contrary to morality or public order and, in particular, of such a nature as to
deceive
the public. It is understood that a mark may not be considered contrary to public order for the
sole reason
that it does not conform to a provision of the legislation on marks, except if such provision itself
relates to
public order.
This provision is subject, however, to the application of Article 10bis.
C. (1) In determining whether a mark is eligible for protection, all the factual circumstances
must
be taken into consideration, particularly the length of time the mark has been in use.
(2) No trademark shall be refused in the other countries of the Union for the sole reason
that it differs from the mark protected in the country of origin only in respect of elements that do not
alter its distinctive character and do not affect its identity in the form in which it has been registered in
the said country of origin.
D. No person may benefit from the provisions of this Article if the mark for which he claims
protection
is not registered in the country of origin.
E. However, in no case shall the renewal of the registration of the mark in the country of origin
involve
an obligation to renew the registration in the other countries of the Union in which the mark has
been
registered.
F. The benefit of priority shall remain unaffected for applications for the registration of marks
filed
within the period fixed by Article 4, even if registration in the country of origin is effected after the
expiration of such period.
Article 6sexies
[Marks: Service Marks]
The countries of the Union undertake to protect service marks. They shall not be required to
provide
for the registration of such marks.
Article 6septies
[Marks: Registration in the Name of the Agent or Representative of the
Proprietor
Without the Latter's Authorization]
(1) If the agent or representative of the person who is the proprietor of a mark in one of the
countries of
the Union applies, without such proprietor's authorization, for the registration of the mark in his
own name, in one or more countries of the Union, the proprietor shall be entitled to oppose the
registration
applied for or demand its cancellation or, if the law of the country so allows, the assignment in
his favor
of the said registration, unless such agent or representative justifies his action.
(2) The proprietor of the mark shall, subject to the provisions of paragraph (1), above, be
entitled to
oppose the use of his mark by his agent or representative if he has not authorized such use.
(3) Domestic legislation may provide an equitable time limit within which the proprietor of a
mark must exercise the rights provided for in this Article.
Article7
[Marks: Nature of the Goods to which the Mark is Applied]
The nature of the goods to which a trademark is to be applied shall in no case form an obstacle
to the
registration of the mark.
Article 7bis
[Marks: Collective Marks]
(1) The countries of the Union undertake to accept for filing and to protect collective marks
belonging
to associations the existence of which is not contrary to the law of the country of origin, even if
such
associations do not possess a industrial or commercial establishment.
(2) Each country shall be the judge of the particular conditions under which a collective mark
shall be
protected and may refuse protection if the mark is contrary to the public interest.
(3) Nevertheless, the protection of these marks shall not be refused to any association the
existence of
which is not contrary to the law of the country of origin, on the ground that such association is not
established in the country whre protection is sought or is not constituted according to the law
of the latter country.
Article 8
[Trade Names]
A trade name shall be protected in all the countries of the Union without the obligation of filing
or registration, whether or not it forms part of a trademark.
Article 9
[Marks, Trade Names: Seizure, on Importation, etc., of Goods Unlawfully Bearing a
Mark or
Trade Name]
(1) All goods unlawfully bearing a trademark or trade name shall be seized on importation into
those countries of the Union where such mark or trade name is entitled to legal protection.
(2) Seizure shall likewise be effected in the country where the unlawful affixation occurred or in
the
country into which the goods were imported.
(3) Seizure shall take place at the request of the public prosecutor, or any other competent
authority, or
any interested party, whether a natural person or a legal entity, in conformity with the domestic
legislation of each country.
(4) The authorities shall not be bound to effect seizure of goods in transit.
(5) If the legislation of a country does not permit seizure on importation, seizure shall be
replaced by
prohibition of importation or by seizure inside the country.
(6) If the legislation of a country permits neither seizure on importation nor prohibition of
importation
nor seizure inside the country, then, until such time as the legislation is modified accordingly,
these measures shall be replaced by the actions and remedies available in such cases to nationals
under the law of such country.
Article 10
(1) The provisions of the preceding Article shall apply in cases of direct
or indirect use of a false indication of the source of the goods or the
identity of the producer, manufacturer, or merchant.
(2) Any producer, manufacturer, or merchant, whether a natural person or a
legal entity, engaged in the production or manufacture of or trade in such
goods and established either in the locality falsely indicated as the
source, or in the region where such locality is situated, or in the country
falsely indicated, or in the country where the false indication of source
is used, shall in any case be deemed an interested party.
Article 10bis
(1) The countries of the Union are bound to assure to nationals of such
countries effective protection against unfair competition.
(2) Any act of competition contrary to honest practices in industrial or
commercial matters constitutes an act of unfair competition.
(3) The following in particular shall be prohibited:
1. all acts of such a nature as to create confusion by any means
whatever with the establishment, the goods, or the industrial or
commercial activities, of a competitor;
2. false allegations in the course of trade of such a nature as to
discredit the establishment, the goods, or the industrial or
commercial activities, of a competitor;
3. indications or allegations the use of which in the course of trade is
liable to mislead the public as to the nature, the manufacturing
process, the characteristics, the suitability for their purpose, or
the quantity, of the goods.
Article 10ter
(1) The countries of the Union undertake to assure to nationals of the
other countries of the Union appropriate legal remedies effectively to
repress all the acts referred to in Articles 9, 10, and 10bis.
(2) They undertake, further, to provide measures to permit federations and
associations representing interested industrialists, producers, or
merchants, provided that the existence of such federations and associations
is not contrary to the laws of their countries, to take action in the
courts or before the administrative authorities, with a view to the
repression of the acts referred to in Articles 9, 10, and 10bis, in so far
as the law of the country in which protection is claimed allows such action
by federations and associations of that country.
Article 11
(1) The countries of the Union shall, in conformity with their domestic
legislation, grant temporary protection to patentable inventions, utility
models, industrial designs, and trademarks, in respect of goods exhibited
at official or officially recognized international exhibitions held in the
territory of any of them.
(2) Such temporary protection shall not extend the periods provided by
Article 4. If, later, the right of priority is invoked, the authorities of
any country may provide that the period shall start from the date of
introduction of the goods into the exhibition.
(3) Each country may require, as proof of the identity of the article
exhibited and of the date of its introduction, such documentary evidence as
it considers necessary.
Article 12
(1) Each country of the Union undertakes to establish a special industrial
property service and a central office for the communication to the public
of patents, utility models, industrial designs, and trademarks.
(2) This service shall publish an official periodical journal. It shall
publish regularly:
(a) the names of the proprietors of patents granted, with a brief
designation of the inventions patented;
(b) the reproductions of registered trademarks.
Article 13
(1) (a) The Union shall have an Assembly consisting of those countries of
the Union which are bound by Articles 13 to 17.
(b) The Government of each country shall be represented by one delegate,
who may be assisted by alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by the Government which
has appointed it.
(2) (a) The Assembly shall:
(i) deal with all matters concerning the maintenance and development of
the Union and the implementation of this Convention;
(ii) give directions concerning the preparation for conferences of
revision to the International Bureau of Intellectual Property
(hereinafter designated as "the International Bureau") referred to in
the Convention establishing the World Intellectual Property
Organization (hereinafter designated as "the Organization"), due
account being taken of any comments made by those countries of the
Union which are not bound by Articles 13 to 17;
(iii)review and approve the reports and activities of the Director General
of the Organization concerning the Union, and give him all necessary
instructions concerning matters within the competence of the Union;
(iv) elect the members of the Executive Committee of the Assembly;
(v) review and approve the reports and activities of its Executive
Committee, and give instructions to such Committee;
(vi) determine the program and adopt the triennial budget of the Union,
and approve its final accounts;
(vii) adopt the financial regulations of the Union;
(viii)establish such committees of experts and working groups as it deems
appropriate to achieve the objectives of the Union;
(ix) determine which countries not members of the Union and which
intergovernmental and international non-governmental organizations
shall be admitted to its meetings as observers;
(x) adopt amendments to Articles 13 to 17;
(xi) take any other appropriate action designed to further the objectives
of the Union;
(xii)perform such other functions as are appropriate under this
Convention;
(xiii) subject to its acceptance, exercise such rights as are given to it
in the Convention establishing the Organization.
(b) With respect to matters which are of interest also to other Unions
administered by the Organization, the Assembly shall make its decisions
after having heard the advice of the Coordination Committee of the
Organization.
(3) (a) Subject to the provisions of subparagraph (b), a delegate may
represent one country only.
(b) Countries of the Union grouped under the terms of a special agreement
in a common office possessing for each of them the character of a special
national service of industrial property as referred to in Article 12 may be
jointly represented during discussions by one of their number.
(4) (a) Each country member of the Assembly shall have one vote.
(b) One-half of the countries members of the Assembly shall constitute a
quorum.
(c) Notwithstanding the provisions of subparagraph (b), if, in any session,
the number of countries represented is less than one half but equal to or
more than one third of the countries members of the Assembly, the Assembly
may make decisions but, with the exception of decisions concerning its own
procedure, all such decisions shall take effect only if the conditions set
forth hereinafter are fulfilled. The International Bureau shall communicate
the said decisions to the countries members of the Assembly which were not
represented and shall invite them to express in writing their vote or
abstention within a period of three months from the date of the
communication. If, at the expiration of this period, the number of
countries having thus expressed their vote or abstention attains the number
of countries which was lacking for attaining the quorum in the session
itself, such decisions shall take effect provided that at the same time the
required majority still obtains.
(d) Subject to the provisions of Article 17 (2), the decisions of the
Assembly shall require two thirds of the votes cast.
(e) Abstentions shall not be considered as votes.
(5) (a) Subject to the provisions of subparagraph (b), a delegate may vote
in the name of one country only.
(b) The countries of the Union referred to in paragraph (3) (b) shall, as a
general rule, endeavor to send their own delegations to the sessions of the
Assembly. If, however, for exceptional reasons, any such country cannot
send its own delegation, it may give to the delegation of another such
country the power to vote in its name, provided that each delegation may
vote by proxy for one country only. Such power to vote shall be granted in
a document signed by the Head of State or the competent Minister.
(6) Countries of the Union not members of the Assembly shall be admitted to
the meetings of the latter as observers.
(7) (a) The Assembly shall meet once in every third calendar year in
ordinary session upon convocation by the Director General and, in the
absence of exceptional circumstances, during the same period and at the
same place as the General Assembly of the Organization.
(b) The Assembly shall meet in extraordinary session upon convocation by
the Director General, at the request of the Executive Committee or at the
request of one fourth of the countries members of the Assembly.
(8) The Assembly shall adopt its own rules of procedure.
Article 14
(1) The Assembly shall have an Executive Committee.
(2) (a) The Executive Committee shall consist of countries elected by the
Assembly from among countries members of the Assembly. Furthermore, the
country on whose territory the Organization has its headquarters shall,
subject to the provisions of Article 16 (7) (b), have an ex officio seat on
the Committee.
(b) The Government of each country member of the Executive Committee shall
be represented by one delegate, who may be assisted by alternate delegates,
advisors, and experts.
(c) The expenses of each delegation shall be borne by the Government which
has appointed it.
(3) The number of countries members of the Executive Committee shall
correspond to one fourth of the number of countries members of the
Assembly. In establishing the number of seats to be filled, remainders
after division by four shall be disregarded.
(4) In electing the members of the Executive Committee, the Assembly shall
have due regard to an equitable geographical distribution and to the need
for countries party to the Special Agreements established in relation with
the Union to be among the countries constituting the Executive Committee.
(5) (a) Each member of the Executive Committee shall serve from the close
of the session of the Assembly which elected it to the close of the next
ordinary session of the Assembly.
(b) Members of the Executive Committee may be re-elected, but only up to a
maximum of two thirds of such members.
(c) The Assembly shall establish the details of the rules governing the
election and possible re-election of the members of the Executive
Committee.
(6) (a) The Executive Committee shall:
(i) prepare the draft agenda of the Assembly;
(ii) submit proposals to the Assembly in respect of the draft program and
triennial budget of the Union prepared by the Director General;
(iii)approve, within the limits of the program and the triennial budget,
the specific yearly budgets and programs prepared by the Director
General;
(iv) submit, with appropriate comments, to the Assembly the periodical
reports of the Director General and the yearly audit reports on the
accounts;
(v) take all necessary measures to ensure the execution of the program of
the Union by the Director General, in accordance with the decisions
of the Assembly and having regard to circumstances arising between
two ordinary sessions of the Assembly;
(vi) perform such other functions as are allocated to it under this
Convention.
(b) With respect to matters which are of interest also to other Unions
administered by the Organization, the Executive Committee shall make its
decisions after having heard the advice of the Coordination Committee of
the Organization.
(7) (a) The Executive Committee shall meet once a year in ordinary session
upon convocation by the Director General, preferably during the same period
and at the same place as the Coordination Committee of the Organization.
(b) The Executive Committee shall meet in extraordinary session upon
convocation by the Director General, either on his own initiative, or at
the request of its Chairman or one fourth of its members.
(8) (a) Each country member of the Executive Committee shall have one vote.
(b) One-half of the members of the Executive Committee shall constitute a
quorum.
(c) Decisions shall be made by a simple majority of the votes cast.
(d) Abstentions shall not be considered as votes.
(e) A delegate may represent, and vote in the name of, one country only.
(9) Countries of the Union not members of the Executive Committee shall be
admitted to its meetings as observers.
(10) The Executive Committee shall adopt its own rules of procedure.
Article 15
(1) (a) Administrative tasks concerning the Union shall be performed by the
International Bureau, which is a continuation of the Bureau of the Union
united with the Bureau of the Union established by the International
Convention for the Protection of Literary and Artistic Works.
(b) In particular, the International Bureau shall provide the secretariat
of the various organs of the Union.
(c) The Director General of the Organization shall be the chief executive
of the Union and shall represent the Union.
(2) The International Bureau shall assemble and publish information
concerning the protection of industrial property. Each country of the Union
shall promptly communicate to the International Bureau all new laws and
official texts concerning the protection of industrial property.
Furthermore, it shall furnish the International Bureau with all the
publications of its industrial property service of direct concern to the
protection of industrial property which the International Bureau may find
useful in its work.
(3) The International Bureau shall publish a monthly periodical.
(4) The International Bureau shall, on request, furnish any country of the
Union with information on matters concerning the protection of industrial
property.
(5) The International Bureau shall conduct studies, and shall provide
services, designed to facilitate the protection of industrial property.
(6) The Director General and any staff member designated by him shall
participate, without the right to vote, in all meetings of the Assembly,
the Executive Committee, and any other committee of experts or working
group. The Director General, or a staff member designated by him, shall be
ex officio secretary of these bodies.
(7) (a) The International Bureau shall, in accordance with the directions
of the Assembly and in cooperation with the Executive Committee, make the
preparations for the conferences of revision of the provisions of the
Convention other than Articles 13 to 17.
(b) The International Bureau may consult with intergovernmental and
international non-governmental organizations concerning preparations for
conferences of revision.
(c) The Director General and persons designated by him shall take part,
without the right to vote, in the discussions at these conferences.
(8) The International Bureau shall carry out any other tasks assigned to
it.
Article 16
(1) (a) The Union shall have a budget.
(b) The budget of the Union shall include the income and expenses proper to
the Union, its contribution to the budget of expenses common to the Unions,
and, where applicable, the sum made available to the budget of the
Conference of the Organization.
(c) Expenses not attributable exclusively to the Union but also to one or
more other Unions administered by the Organization shall be considered as
expenses common to the Unions. The share of the Union in such common
expenses shall be in proportion to the interest the Union has in them.
(2) The budget of the Union shall be established with due regard to the
requirements of coordination with the budgets of the other Unions
administered by the Organization.
(3) The budget of the Union shall be financed from the following sources:
(i) contributions of the countries of the Union;
(ii) fees and charges due for services rendered by the International
Bureau in relation to the Union;
(iii)sale of, or royalties on, the publications of the International
Bureau concerning the Union;
(iv) gifts, bequests, and subventions;
(v) rents, interests, and other miscellaneous income.
(4) (a) For the purpose of establishing its contribution towards the
budget, each country of the Union shall belong to a class, and shall pay
its annual contributions on the basis of a number of units fixed as
follows:
Class I 25
Class II 20
Class III 15
Class IV 10
Class V 5
Class VI 3
Class VII 1
(b) Unless it has already done so, each country shall indicate,
concurrently with depositing its instrument of ratification or accession,
the class to which it wishes to belong. Any country may change class. If it
chooses a lower class, the country must announce such change to the
Assembly at one of its ordinary sessions. Any such change shall take effect
at the beginning of the calendar year following the said session.
(c) The annual contribution of each country shall be an amount in the same
proportion to the total sum to be contributed to the budget of the Union by
all countries as the number of its units is to the total of the units of
all contributing countries.
(d) Contributions shall become due on the first of January of each year.
(e) A country which is in arrears in the payment of its contributions may
not exercise its right to vote in any of the organs of the Union of which
it is a member if the amount of its arrears equals or exceeds the amount of
the contributions due from it for the preceding two full years. However,
any organ of the Union may allow such a country to continue to exercise its
right to vote in that organ if, and as long as, it is satisfied that the
delay in payment is due to exceptional and unavoidable circumstances.
(f) If the budget is not adopted before the beginning of a new financial
period, it shall be at the same level as the budget of the previous year,
as provided in the financial regulations.
(5) The amount of the fees and charges due for services rendered by the
International Bureau in relation to the Union shall be established, and
shall be reported to the Assembly and the Executive Committee, by the
Director General.
(6) (a) The Union shall have a working capital fund which shall be
constituted by a single payment made by each country of the Union. If the
fund becomes insufficient, the Assembly shall decide to increase it.
(b) The amount of the initial payment of each country to the said fund or
of its participation in the increase thereof shall be a proportion of the
contribution of that country for the year in which the fund is established
or the decision to increase it is made.
(c) The proportion and the terms of payment shall be fixed by the Assembly
on the proposal of the Director General and after it has heard the advice
of the Coordination Committee of the Organization.
(7) (a) In the headquarters agreement concluded with the country on the
territory of which the Organization has its headquarters, it shall be
provided that, whenever the working capital fund is insufficient, such
country shall grant advances. The amount of these advances and the
conditions on which they are granted shall be the subject of separate
agreements, in each case, between such country and the Organization. As
long as it remains under the obligation to grant advances, such country
shall have an ex officio seat on the Executive Committee.
(b) The country referred to in subparagraph (a) and the Organization shall
each have the right to denounce the obligation to grant advances, by
written notification. Denunciation shall take effect three years after the
end of the year in which it has been notified.
(8) The auditing of the accounts shall be effected by one or more of the
countries of the Union or by external auditors, as provided in the
financial regulations. They shall be designated, with their agreement, by
the Assembly.
Article 17
(1) Proposals for the amendment of Articles 13, 14, 15, 16, and the present
Article, may be initiated by any country member of the Assembly, by the
Executive Committee, or by the Director General. Such proposals shall be
communicated by the Director General to the member countries of the
Assembly at least six months in advance of their consideration by the
Assembly.
(2) Amendments to the Articles referred to in paragraph (1) shall be
adopted by the Assembly. Adoption shall require three fourths of the votes
cast, provided that any amendment to Article 13, and to the present
paragraph, shall require four fifths of the votes cast.
(3) Any amendment to the Articles referred to in paragraph (1) shall enter
into force one month after written notifications of acceptance, effected in
accordance with their respective constitutional processes, have been
received by the Director General from three fourths of the countries
members of the Assembly at the time it adopted the amendment. Any amendment
to the said Articles thus accepted shall bind all the countries which are
members of the Assembly at the time the amendment enters into force, or
which become members thereof at a subsequent date, provided that any
amendment increasing the financial obligations of countries of the Union
shall bind only those countries which have notified their acceptance of
such amendment.
Article 18
(1) This Convention shall be submitted to revision with a view to the
introduction of amendments designed to improve the system of the Union.
(2) For that purpose, conferences shall be held successively in one of the
countries of the Union among the delegates of the said countries.
(3) Amendments to Articles 13 to 17 are governed by the provisions of
Article 17.
Article 19
It is understood that the countries of the Union reserve the right to make
separately between themselves special agreements for the protection of
industrial property, in so far as these agreements do not contravene the
provisions of this Convention.
Article 20
(1) (a) Any country of the Union which has signed this Act may ratify it,
and, if it has not signed it, may accede to it. Instruments of ratification
and accession shall be deposited with the Director General.
(b) Any country of the Union may declare in its instrument of ratification
or accession that its ratification or accession shall not apply:
(i) to Articles 1 to 12, or
(ii) to Articles 13 to 17.
(c) Any country of the Union which, in accordance with subparagraph (b),
has excluded from the effects of its ratification or accession one of the
two groups of Articles referred to in that subparagraph may at any later
time declare that it extends the effects of its ratification or accession
to that group of Articles. Such declaration shall be deposited with the
Director General.
(2) (a) Articles 1 to 12 shall enter into force, with respect to the first
ten countries of the Union which have deposited instruments of ratification
or accession without making the declaration permitted under paragraph (1)
(b) (i), three months after the deposit of the tenth such instrument of
ratification or accession.
(b) Articles 13 to 17 shall enter into force, with respect to the first ten
countries of the Union which have deposited instruments of ratification or
accession without making the declaration permitted under paragraph (1) (b)
(ii), three months after the deposit of the tenth such instrument of
ratification or accession.
(c) Subject to the initial entry into force, pursuant to the provisions of
subparagraphs (a) and (b), of each of the two groups of Articles referred
to in paragraph (1) (b) (i) and (ii), and subject to the provisions of
paragraph (1) (b), Articles 1 to 17 shall, with respect to any country of
the Union, other than those referred to in subparagraphs (a) and (b), which
deposits an instrument of ratification or accession or any country of the
Union which deposits a declaration pursuant to paragraph (1) (c), enter
into force three months after the date of notification by the Director
General of such deposit, unless a subsequent date has been indicated in the
instrument or declaration deposited. In the latter case, this Act shall
enter into force with respect to that country on the date thus indicated.
(3) With respect to any country of the Union which deposits an instrument
of ratification or accession, Articles 18 to 30 shall enter into force on
the earlier of the dates on which any of the groups of Articles referred to
in paragraph (1) (b) enters into force with respect to that country
pursuant to paragraph (2) (a), (b), or (c).
Article 21
(1) Any country outside the Union may accede to this Act and thereby become
a member of the Union. Instruments of accession shall be deposited with the
Director General.
(2) (a) With respect to any country outside the Union which deposits its
instrument of accession one month or more before the date of entry into
force of any provisions of the present Act, this Act shall enter into
force, unless a subsequent date has been indicated in the instrument of
accession, on the date upon which provisions first enter into force
pursuant to Article 20(2) (a) or (b); provided that:
(i) if Articles 1 to 12 do not enter into force on that date, such
country shall, during the interim period before the entry into force
of such provisions, and in substitution therefor, be bound by
Articles 1 to 12 of the Lisbon Act,
(ii) if Articles 13 to 17 do not enter into force on that date, such
country shall, during the interim period before the entry into force
of such provisions, and in substitution therefor, be bound by
Articles 13 and 14(3), (4), and (5), of the Lisbon Act.
If a country indicates a subsequent date in its instrument of accession,
this Act shall enter into force with respect to that country on the date
thus indicated.
(b) With respect to any country outside the Union which deposits its
instrument of accession on a date which is subsequent to, or precedes by
less than one month, the entry into force of one group of Articles of the
present Act, this Act shall, subject to the proviso of subparagraph (a),
enter into force three months after the date on which its accession has
been notified by the Director General, unless a subsequent date has been
indicated in the instrument of accession. In the latter case, this Act
shall enter into force with respect to that country on the date thus
indicated.
(3) With respect to any country outside the Union which deposits its
instrument of accession after the date of entry into force of the present
Act in its entirety, or less than one month before such date, this Act
shall enter into force three months after the date on which its accession
has been notified by the Director General, unless a subsequent date has
been indicated in the instrument of accession. In the latter case, this Act
shall enter into force with respect to that country on the date thus
indicated.
Article 22
Subject to the possibilities of exceptions provided for in Articles 20 (1)
(b) and 28(2), ratification or accession shall automatically entail
acceptance of all the clauses and admission to all the advantages of this
Act.
Article 23
After the entry into force of this Act in its entirety, a country may not
accede to earlier Acts of this Convention.
Article 24
(1) Any country may declare in its instrument of ratification or accession,
or may inform the Director General by written notification any time
thereafter, that this Convention shall be applicable to all or part of
those territories, designated in the declaration or notification, for the
external relations of which it is responsible.
(2) Any country which has made such a declaration or given such a
notification may, at any time, notify the Director General that this
Convention shall cease to be applicable to all or part of such territories.
(3) (a) Any declaration made under paragraph (1) shall take effect on the
same date as the ratification or accession in the instrument of which it
was included, and any notification given under such paragraph shall take
effect three months after its notification by the Director General.
(b) Any notification given under paragraph (2) shall take effect twelve
months after its receipt by the Director General.
Article 25
(1) Any country party to this Convention undertakes to adopt, in accordance
with its constitution, the measures necessary to ensure the application of
this Convention.
(2) It is understood that, at the time a country deposits its instrument of
ratification or accession, it will be in a position under its domestic law
to give effect to the provisions of this Convention.
Article 26
(1) This Convention shall remain in force without limitation as to time.
(2) Any country may denounce this Act by notification addressed to the
Director General. Such denunciation shall constitute also denunciation of
all earlier Acts and shall affect only the country making it, the
Convention remaining in full force and effect as regards the other
countries of the Union.
(3) Denunciation shall take effect one year after the day on which the
Director General has received the notification.
(4) The right of denunciation provided by this Article shall not be
exercised by any country before the expiration of five years from the date
upon which it becomes a member of the Union.
Article 27
(1) The present Act shall, as regards the relations between the countries
to which it applies, and to the extent that it applies, replace the
Convention of Paris of March 20, 1883, and the subsequent Acts of revision.
(2) (a) As regards the countries to which the present Act does not apply,
or does not apply in its entirety, but to which the Lisbon Act of October
31, 1958, applies, the latter shall remain in force in its entirety or to
the extent that the present Act does not replace it by virtue of paragraph
(1).
(b) Similarly, as regards the countries to which neither the present Act,
nor portions thereof, nor the Lisbon Act applies, the London Act of June 2,
1934 shall remain in force in its entirety or to the extent that the
present Act does not replace it by virtue of paragraph (1).
(c) Similarly, as regards the countries to which neither the present Act,
nor portions thereof, nor the Lisbon Act, nor the London Act applies, the
Hague Act of November 6, 1925, shall remain in force in its entirety or to
the extent that the present Act does not replace it by virtue of paragraph
(1).
(3) Countries outside the Union which become party to this Act shall apply
it with respect to any country of the Union not party to this Act or which,
although party to this Act, has made a declaration pursuant to Article 20
(1) (b) (i). Such countries recognize that the said country of the Union
may apply, in its relations with them, the provisions of the most recent
Act to which it is party.
Article 28
(1) Any dispute between two or more countries of the Union concerning the
interpretation or application of this Convention, not settled by
negotiation, may, by any one of the countries concerned, be brought before
the International Court of Justice by application in conformity with the
Statute of the Court, unless the countries concerned agree on some other
method of settlement. The country bringing the dispute before the Court
shall inform the International Bureau; the International Bureau shall bring
the matter to the attention of the other countries of the Union.
(2) Each country may, at the time it signs this Act or deposits its
instrument of ratification or accession, declare that it does not consider
itself bound by the provisions of paragraph (1). With regard to any dispute
between such country and any other country of the Union, the provisions of
paragraph (1) shall not apply.
(3) Any country having made a declaration in accordance with the provisions
of paragraph (2) may, at any time, withdraw its declaration by notification
addressed to the Director General.
Article 29
(1) (a) This Act shall be signed in a single copy in the French language
and shall be deposited with the Government of Sweden.
(b) Official texts shall be established by the Director General, after
consultation with the interested Governments, in the English, German,
Italian, Portuguese, Russian and Spanish languages, and such other
languages as the Assembly may designate.
(c) In case of differences of opinion on the interpretation of the various
texts, the French text shall prevail.
(2) This Act shall remain open for signature at Stockholm until January 13,
1968.
(3) The Director General shall transmit two copies, certified by the
Government of Sweden, of the signed text of this Act to the Governments of
all countries of the Union and, on request, to the Government of any other
country.
(4) The Director General shall register this Act with the Secretariat of
the United Nations.
(5) The Director General shall notify the Governments of all countries of
the Union of signatures, deposits of instruments of ratification or
accession and any declarations included in such instruments or made
pursuant to Article 20 (1) (c), entry into force of any provisions of this
Act, notifications of denunciation, and notifications pursuant to Article
24.
Article 30
(1) Until the first Director General assumes office, references in this Act
to the International Bureau of the Organization or to the Director General
shall be deemed to be references to the Bureau of the Union or its
Director, respectively.
(2) Countries of the Union not bound by Articles 13 to 17 may, until five
years after the entry into force of the Convention establishing the
Organization, exercise, if they so desire, the rights provided under
Articles 13 to 17 of this Act as if they were bound by those Articles. Any
country desiring to exercise such rights shall give written notification to
that effect to the Director General; such notification shall be effective
from the date of its receipt. Such countries shall be deemed to be members
of the Assembly until the expiration of the said period.
(3) As long as all the countries of the Union have not become Members of
the Organization, the International Bureau of the Organization shall also
function as the Bureau of the Union, and the Director General as the
Director of the said Bureau.
(4) Once all the countries of the Union have become Members of the
Organization, the rights, obligations, and property, of the Bureau of the
Union shall devolve on the International Bureau of the Organization.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have
signed this Act.
DONE at Stockholm, on July 14, 1967. |
