Paris Convention for the Protection of Industrial Property (Paris Convention) | Practical Law

Paris Convention for the Protection of Industrial Property (Paris Convention) | Practical Law

Paris Convention for the Protection of Industrial Property (Paris Convention)

Paris Convention for the Protection of Industrial Property (Paris Convention)

Practical Law Glossary Item 8-506-0344 (Approx. 3 pages)

Glossary

Paris Convention for the Protection of Industrial Property (Paris Convention)

An international treaty created in 1883 requiring member countries to adopt certain minimum protections for industrial property. Industrial property covers most types of intellectual property (IP), including patents, trademarks, and trade names, but does not cover copyrights.
The substantive provisions of the Paris Convention fall into three main categories:
  • National treatment. Each member country must extend the same protections it gives its own nationals for covered IP to nationals of other member countries.
  • Right of priority. An applicant for patent, trademark, industrial design (design patent in the US) or utility model (where protected) protection in one member country may use that application as the basis for filing later applications for that IP in other member countries. Any later application is considered filed on the same date as the first application if filed within:
    • six months of the earlier application, for trademarks and industrial designs; or
    • 12 months of the earlier application, for patents and utility models.
  • Common rules. Member countries must follow certain other rules the convention sets for particular types of IP.
The US has been a party to the Paris Convention since 1887. The World Intellectual Property Organization provides additional information, including the full text of the convention, on its website.