Legal Definitions - Paris Convention for the Protection of Industrial Property

The Paris Convention for the Protection of Industrial Property, often simply referred to as the Paris Convention, is a landmark international treaty designed to streamline and harmonize the protection of various forms of intellectual property, including patents, trademarks, and industrial designs, across its member countries. First signed in 1883, it is one of the oldest and most fundamental agreements in international intellectual property law and is currently administered by the World Intellectual Property Organization (WIPO), an agency of the United Nations.

The Convention establishes two core principles that significantly simplify international intellectual property protection:

• Right of Priority: This principle allows an applicant who files for intellectual property protection in one member country to then file applications for the same invention, mark, or design in other member countries within a specific timeframe (typically 12 months for patents and industrial designs, and 6 months for trademarks). Crucially, these subsequent applications are treated as if they were filed on the original date of the first application. This provides applicants with a valuable window to extend their protection internationally without losing their initial filing position.
• National Treatment: This principle mandates that each member country must grant the same intellectual property rights and protections to citizens of other member countries as it grants to its own citizens. This prevents discrimination based on nationality and ensures that foreign applicants receive equal legal treatment under national intellectual property laws.

Examples of the Paris Convention in Action:

• Example 1 (Right of Priority for a Patent):

  An inventor in South Korea develops a groundbreaking new material for sustainable packaging. On March 1, 2024, they file a patent application for this invention with the Korean Intellectual Property Office. Under the Paris Convention, this inventor now has until March 1, 2025, to file patent applications for the exact same invention in other member countries, such as the United States, Germany, or Japan. Even if these later applications are filed months after the Korean one, they will be treated as if they were filed on the original March 1, 2024, date. This prevents competitors from filing for the same invention in those countries during this period and claiming an earlier filing date.

  This example illustrates the Right of Priority by showing how an initial filing date in one member country provides a grace period for an applicant to secure protection in other member countries, maintaining their original priority date globally.

• Example 2 (National Treatment for a Trademark):

  A Canadian beverage company wants to expand its market into Australia and register its distinctive brand logo as a trademark there. Because both Canada and Australia are signatories to the Paris Convention, the Australian intellectual property office must process the Canadian company's trademark application under the same rules and standards that it applies to an Australian company's application. Australia cannot impose additional fees, stricter requirements, or offer weaker protection simply because the applicant is a foreign entity.

  This example demonstrates the National Treatment principle, ensuring that a company from one member country receives the same legal rights and protections for its intellectual property in another member country as that country's own citizens or companies would.