The Paris Convention for the Protection of Industrial Property : a commentary / Sam Ricketson.
2015
K1500.A41883 R53 2015 (Map It)
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Author
Title
The Paris Convention for the Protection of Industrial Property : a commentary / Sam Ricketson.
Published
Oxford, United Kingdom : Oxford University Press, [2015]
Call Number
K1500.A41883 R53 2015
ISBN
9780199659524 (hardback)
0199659524 (hardback)
0199659524 (hardback)
Description
lxii, 921 pages ; 26 cm
System Control No.
(OCoLC)896901789
Bibliography, etc. Note
Includes bibliographical references (pages 889-898) and index.
Record Appears in
Table of Contents
Table of Cases
xvi
Table of Legislation
xix
Table of Abbreviations Used in this Work
xliv
Introduction
xlix
Acknowledgements
lxi
pt. I
ORIGINS OF THE PARIS CONVENTION
1.
Beginnings---Protection of Industrial Property Rights at the National Level
Introduction
1
Of Exhibitions and International Unions
2
Why Have Industrial Property Rights?
4
Patents for invention
5
Trade marks and trade names
10
Unfair competition
12
National Laws Prior to the Paris Convention
16
Patents
17
Designs and models
18
Trade marks and trade names
20
Other rights
21
2.
Moves Towards International Protection
Bilateral Treaties and Agreements
2
Moves Towards a Multilateral Agreement
10
Provisional protection at international exhibitions
10
Getting serious---the Vienna Patent Congress 1873
13
Further meetings: the Paris Congress 1878
15
Concluding Comments
27
3.
Establishment of the Paris Union
Preparing the Way
2
First Diplomatic Conference
6
Second Diplomatic Conference 1883
9
pt. II
DEVELOPMENT AND GROWTH OF THE PARIS SYSTEM
4.
Paris Union: A Work in Progress
First Revision Conference: Rome 1886
2
Second Revision Conference: Madrid 1890
13
Third Revision Conference: Brussels 1897 and 1900
18
Fourth Revision Conference: Washington 1911
21
Fifth Conference of Revision: The Hague 1925
25
Sixth Revision Conference: London 1934
28
Seventh Revision Conference: Lisbon 1958
32
Eighth Revision Conference: Stockholm 1967
43
5.
Situation Post-Stockholm: `forty years on, growing older and older...'
Revising Paris Itself
2
Other Side of the Coin---Successes (and Some Other Failures...) in the Pre-TRIPS Period
12
Patent Cooperation Treaty, Washington 1970 (PCT)
13
Budapest Treaty on International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure 1977 (`the Budapest Treaty')
14
Madrid Protocol, Madrid 1989
15
Integrated Circuits Treaty 1989 (`the Washington Treaty')
16
classification treaties
17
Other treaty-making activities linked to Paris--and the impact of the Development Agenda
18
Paris Convention Requirements as International Trade Standards
20
Overview of the Paris Convention and its Associated Agreements
24
pt. III
PARIS CONVENTION AND ITS ASSOCIATED AGREEMENTS---OVERARCHING ISSUES
6.
Public International Law Questions: The Structure of the Paris Convention and the Interpretation and Application of its Provisions (and those of its Associated Agreements)
Introduction and Overview
1
Structure of the Paris Convention and its Associated Agreements
2
matter of terminology: what is a `convention'?
2
Structure of the Paris Convention
5
Interpretation of Treaty Provisions
9
Introductory remarks
9
Languages used
15
Rules of interpretation outside Paris and its associated agreements: the Vienna Convention on the Law of Treaties (VCLT)
22
7.
Paris Union System: Organization and Structure
Concept of `Union'
2
Characteristics of International Unions
3
`The countries to which this Convention applies...'
14
`[A] Union for the protection of industrial property...'
17
Industrial property to be `understood in the broadest sense...'
29
`Patents...'
31
Giving Structure to the Union: Organs and Finances
34
Early years
35
Administration of the Paris Union---Present Arrangements
37
Conferences of revision
37
Assembly
43
Conference of representatives
49
Executive Committee
50
International Bureau
62
Director General
68
Finances of the Union
71
Background
71
present financial provisions
73
Special method of amendment for administrative provisions
84
Special Unions and Other Associated Agreements
86
other unions and their organs
87
8.
Membership and Territory of the Paris Union---The Final Clauses of the Convention
Membership of the Paris Union
2
Admission requirements
2
Ratification and accession
3
Reservations
14
Denunciation of the Convention
17
Territory of the Union---Application to Dependent Territories
19
Changes in Union Membership
31
Increases and decreases in territory
32
extinction and re-establishment of states
33
creation of new states---treaty succession
35
Other Special Agreements
54
Interruptions in Union Relations due to War
55
Enforcing the Rules of the Club: The Obligations of Union Members
59
Generally
59
context in which problems of non-compliance arise---the politics of complaint and compliance
63
Revision Conferences and the Assembly
64
Settlement of disputes by the International Court of Justice
65
applicable rules of customary international law
67
Restricting members' rights within the Union---refusal to invite certain states to meetings of Union organs
69
Enforcement through the WTO
70
9.
Organizing Principles
Persons and Entities Protected under the Convention
2
National Treatment
16
Present and prospective effects
17
scope of treatment to be accorded
18
Limitations on national treatment---situations where discrimination against foreigners is permissible
25
National treatment and equality of treatment
26
`[R[ights Specially Provided' or Unionist Treatment
30
system of priorities for registered rights under Article 4A-I
34
principle of independence of protection
35
Patents
36
Utility models
37
Designs
38
Trade marks
39
Indications of source
40
Trade names
41
Unfair competition
42
Enforcement
43
incompleteness of `rights specially provided for'
44
Who may claim unionist treatment?
45
Special Agreements
47
Madrid Agreement
48
Madrid Protocol
49
Hague Agreement
50
Lisbon Agreement
51
PCT
52
Budapest Treaty
53
classification treaties
54
PLT, TLT, and Singapore Treaty
55
TRIPS Agreement
56
Nature and scope of obligations
57
Incorporation of substantive provisions of the Paris Convention
59
National treatment
60
Most favoured nation treatment
62
Multilateral Agreements on acquisition or maintenance of protection
63
Exhaustion of rights
64
Further protections
65
pt. IV
SUBJECT MATTER PROTECTED
10.
Patents and Utility Models
Paris Convention
2
National treatment---the point of departure
2
priority system---the way into the systems of other Union countries
3
Independence of protection
26
Mention of the inventor (Article 4ter)
35
Restrictions of sale by law (Article 4quater)
37
Failure to work, compulsory licences, and forfeiture (Article 5A)
40
Time for payment of fees and restoration of rights (Article 5bis)
64
Defences to infringement: patented devices on ships and aircraft (Article 5ter)
70
Patentees' rights in relation to importation of products manufactured abroad by process patented in importing country (Article 5quater)
72
Temporary protection at international exhibitions (Article 11)
73
Utility models
80
Beyond Paris: Procedural and Substantive Harmonization
82
Procedural Harmonization
84
PCT
85
Strasbourg Agreement
102
Budapest Treaty
104
Patent Law Treaty 2000
105
Substantive Harmonization
107
proposed Treaty Supplementing the Paris Convention as far as Patents are Concerned
108
Geneva Treaty on the International Recording of Scientific Discoveries 1978
114
TRIPS Agreement
117
11.
Industrial Designs
Introduction and Overview of this Chapter
1
Designs Protection--Legal and Policy Issues
2
Paris Convention
3
As a subject of protection and national treatment
4
Right of priority
8
Grace period for payment of fees
18
Obligation to protect (Article 5quinquies)
19
Independence of protection
24
Restriction on forfeiture and marking
26
International exhibitions
29
Protection under the Berne Convention
30
Classifying Designs---the Locarno Agreement
47
International Design---The Hague Agreement
50
Main features of The Hague system
53
Hague system in broader context
72
TRIPS Agreement
74
Obligation to protect
75
Textiles
82
Rights in protected designs
84
Exceptions
85
Term of protection
86
Acquisition and maintenance of registered designs and related inter partes procedures
88
General comments
89
Moves to Harmonize Procedural Issues Relating to Designs Applications
91
12.
Trade Marks and Trade Names
Gaining protection in the first place---national treatment and priority periods
3
Independence and dependence of protection (Articles 6 and 6quinquies)
6
Service marks (Article 6sexies)
29
Well-known marks (Article 6bis)
32
State emblems, armorial bearings, flags, and the like (Article 6ter)
41
Assignments of trade marks without accompanying goodwill (Article 6quater)
57
Agents and representatives acting without authority (Article 6septies)
63
Nature of the goods to which trade mark is to be applied
70
Collective marks (Article Ibis)
74
Use of trademarks (Article 5C)
80
Protection of trade names
81
Seizure on importation and appropriate legal remedies' (Article 9)
83
International exhibitions (Article 11)
98
`Madrid System': Madrid Agreement for the International Registration of Trademarks
99
Origins
99
scope for an international trade mark registration system
100
Registration in contracting country as the starting point for seeking international registration
102
How the international application is made
103
What the international application covers
104
Extent of the international registration
105
Effect of the international registration
106
Refusal of protection by designated contracting countries
107
Dependency of international registration
108
Duration of international registration and renewals
109
Provisions relating to the international register and national registers
110
Fees
111
Governance and administration of the Madrid system
112
Revision of the Madrid system: the Trademark Registration Treaty 1973 and the Madrid Protocol 1989
113
Trademark Registration Treaty 1973
116
Madrid Protocol 1989
119
significance of the Madrid system
121
Trademark Law Treaty 1994
122
Singapore Treaty on the Law of Trademarks 2010
129
Classification Treaties---Nice and Vienna
133
Nairobi Treaty on the Protection of the Olympic Symbol 1981
135
Substantive Harmonization and the TRIPS Agreement
136
Incorporation of Paris norms within TRIPS
137
National treatment and MFN
139
Protectable subject matter
141
Substantive Harmonization---Post-TRIPS `Progressive Development' Within WIPO
169
13.
False Indications of Source, Unfair Competition, and Appellations of Origin Introduction
1
False Indications of Source
5
Paris Convention
5
Madrid Agreement for the Repression of False or Deceptive Indications of Sources on Goods 1891
16
Unfair Competition
33
concept of unfair competition
34
Genesis of the obligation in the Pans Convention
37
present obligations arising under Article 10bis
44
Provision of `appropriate legal remedies': Article 10ter
60
Protection of undisclosed information---collateral amendment of Article 10bis through the TRIPS Agreement?
61
Appellations of Origin
85
Under the Paris Convention
87
Lisbon Agreement
92
Revision and extension of international protection for appellations under the WIPO agreements
104
Moves to revise the Lisbon Agreement
110
Concluding comments about protection of appellations under the Paris Convention and associated WIPO Agreements
111
Geographical indications under TRIPS
112
14.
National Industrial Property Services and Official Periodical Journals: Article 12
`Special Industrial Property Service'
2
`Common offices'
5
Official Periodical Journal
6
Modern technologies
12
pt. V
WIDER CONTEXT
15.
Paris Convention and the Future
Of Centenaries and Past Achievements
2
World Without Paris?
6
Continued Relevance?
9
Revision of the Paris Convention?
13
Why revise?
13
object of revision---codification with some progressive development
20
Codification by way of incorporation of the substantive provisions of TRIPS into Paris
21
Where would incorporation stop?
23
How to proceed?
26
Progressive Development Beyond Incorporation
27
In general
27
Private international law issues
28
Intellectual property rights and human rights: issues of access
38
Concluding Comments
41
Appendices
795
Appendix 1
Third draft treaty prepared for the First Paris Diplomatic Conference 1880
797
Appendix 2
Jagerschmidt draft presented to the Paris Conference 1880 (original text from Actes 1880, pp 26--27)
799
Appendix 3
List of translated words from WIPO official texts of the Paris Convention for the Protection of Industrial Property
801
Appendix 4
successive Acts of Paris Convention for the Protection of Industrial Property 1883
803
Appendix 4.1
Paris Act 1883
803
Appendix 4.2
Additional Act of Brussels 1900
807
Appendix 4.3
Act of Washington, 1911
809
Appendix 4.4
Act of The Hague, 1925
815
Appendix 4.5
Act of London, 1934
824
Appendix 4.6
Act of Lisbon, 1958
834
Appendix 4.7
Attachment 7---Stockholm Act 1967
847
Appendix 5
Declaration on the Objectives of the Revision of the Paris Convention
869
Appendix 6
Proposed revision of the Paris Convention
870
Select Bibliography
889
Index
899