Paris Convention for the Protection of Industrial Property

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News:Khadi Village Industries Corporation(KVIC) is trying to get international trademark for ‘khadi’ under the Paris Convention for the protection of industrial property to prevent any product from masquerading as ‘khadi’ nationally or globally. 

Facts:

About Paris Convention for the Protection of Industrial Property:

  • The Paris Convention was signed in Paris, France in 1883.It is administered by the World Intellectual Property Organization(WIPO).
  • The convention applies to industrial property in the widest sense including patents, trademarks, industrial designs, trade names, geographical indications among others.
  • As of January 2019,the Convention has 177 contracting member countries.

Major Provisions of the treaty:The substantive provisions of the Convention fall into following categories:

  • National Treatment:It establishes that each state must offer individuals or businesses with a patent the same protections as they would give national citizens of their own state.
  • Right of Priority:This means that an individual could file a patent for his or her invention in whatever country that person lives in.After a given amount of time,the inventor could file for a patent within any other countries that have agreed to the Paris Convention. 
  • The amount of time a person would need to wait is around six months for industrial marks and designs and 12 months for utility models and patents.
  • Article 6 of the Convention protects armorial bearings, flags and other State symbols of the States part to the convention,including official signs, and hallmarks indicating control and warranty adopted by them.

Additional information:

About WIPO:

  • WIPO is the global forum for intellectual property (IP) services, policy, information and cooperation.
  • It is a self-funding agency of the United Nations with 192 member states.
  • It’s mandate governing bodies and procedures are set out in the WIPO Convention which had established WIPO in 1967.
  • It’s aim is to lead the development of a balanced and effective international IP system that enables innovation and creativity for the benefit of all.