Paris Convention for the Protection of Industrial Property

 

Article 6septies

(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.

Article 7

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

(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 an 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 where protection is sought or is not constituted according
to the law of the latter country.

Article 8

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

(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.

 

Author: international

Mentioned in these Entries

Paris Convention for the Protection of Industrial Property, Patents, country.