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1、WIPO Database of Intellectual PropertyWIPOLegislative TextsParis Convention for the Protection of Industrial Propertyof March 20, 1883,as revisedat Brussels on December 14, 1900, at Washingtonon June 2, 1911, at The Hague on November 6, 1925,at London on June 2, 1934, at Lisbon on October 31, 1958,a
2、nd at Stockholm on July 14, 1967,and as amended on September 28, 1979TABLE OF CONTENTS*Article 1:Establishment of the Union; Scope of Industrial PropertyArticle 2:National Treatment for Nationals of Countries of the UnionArticle 3:Same Treatment for Certain Categories of Persons as for Nationals ofC
3、ountries of the UnionArticle 4:A. to I. Patents, Utility Models, Industrial Designs, Marks, InventorsCertificates: Right of Priority. G. Patents: Division of theArticle 4bis:ApplicationPatents: Independence of Patents Obtained for the Same Invention inArticle 4ter:Different CountriesPatents: Mention
4、 of the Inventor in the PatentArticle 4quater:Patents: Patentability in Case of Restrictions of Sale by LawArticle 5:A Patents: Importation of Articles; Failure to Work or InsufficientWorking; Compulsory Licenses. B . Industrial Designs: Failure toWork; Importation of Articles. C. Marks: Failure to
5、Use; DifferentForms; Use by Coproprietors. D. Patents, Utility Models, Marks,Article 5bis:Industrial Designs: MarkingAll Industrial Property Rights: Period of Grace for the Payment ofArticle 5ter:Fees for the Maintenance of Rights; Patents: RestorationPatents: Patented Devices Forming Part of Vessel
6、s, Aircraft, or LandArticle 5quater:VehiclesPatents: Importation of Products Manufactured by a Process PatentedArticle 5quinquies:in the Importing CountryIndustrial DesignsArticle 6:Marks: Conditions of Registration; Independence of Protection ofArticle 6bis:Same Mark in Different CountriesMarks: We
7、llKnown MarksArticle 6ter:Marks: Prohibitions concerning State Emblems, Official Hallmarks,Article 6quater:and Emblems of Intergovernmental OrganizationsMarks: Assignment of MarksArticle 6quinquies:Marks: Protection of Marks Registered in One Country of the UnionArticle 6sexies:in the Other Countrie
8、s of the UnionMarks: Service MarksArticle 6septies:Marks: Registration in the Name of the Agent or Representative of theProprietor Without the Latters AuthorizationArticle 7:Marks: Nature of the Goods to which the Mark is AppliedArticle 7bis:Marks: Collective MarksArticle 8:Trade NamesArticle 9:Mark
9、s, Trade Names: Seizure, on Importation, etc., of GoodsUnlawfully Bearing a Mark or Trade NameArticle 10:False Indications: Seizure, on Importation, etc., of Goods BearingArticle 10bis:False Indications as to their Source or the Identity of the ProducerUnfair CompetitionArticle 10ter:Marks, Trade Na
10、mes, False Indications, Unfair Competition :Remedies, Right to SueArticle 11:Inventions, Utility Models, Industrial Designs, Marks : TemporaryProtection at Certain International ExhibitionsArticle 12:Special National Industrial Property Services* This Table of Contents is added for the convenience o
11、f the reader. It does not appear in the signed text of the Convention.WO020ENpage 1 / 20WIPO Database of Intellectual PropertyWIPOLegislative TextsArticle 13:Assembly of the UnionArticle 14:Executive CommitteeArticle 15:International BureauArticle 16:FinancesArticle 17:Amendment of Articles 13 to 17
12、Article 18:Revision of Articles 1 to 12 and 18 to 30Article 19:Special AgreementsArticle 20:Ratification or Accession by Countries of the Union; Entry Into ForceArticle 21:Accession by Countries Outside the Union; Entry Into ForceArticle 22:Consequences of Ratification or AccessionArticle 23:Accessi
13、on to Earlier ActsArticle 24:TerritoriesArticle 25:Implementation of the Convention on the Domestic LevelArticle 26:DenunciationArticle 27:Application of Earlier ActsArticle 28:DisputesArticle 29:Signature, Languages, Depository FunctionsArticle 30:Transitional ProvisionsArticle 1Establishment of th
14、e Union; Scope of Industrial Property1)(1) The countries to which this Convention applies constitute a Union for the protection of industrial property.(2) The protection of industrial property has as its object patents, utility models, industrial designs, trademarks, service marks, trade names, indi
15、cations of source or appellations of origin, and the repression of unfair competition.(3) Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agricultural and extractive industries and to all manufactured or natural
16、products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.(4) Patents shall include the various kinds of industrial patents recognized by the laws of the countries of the Union, such as patents of importation, patents of improvement, patents
17、 and certificates of addition, etc.Article 2National Treatment for Nationals of Countries of the Union(1) Nationals of any country of the Union shall, as regards the protection of industrial property, enjoy in all the other countries of the Union the advantages that their respective laws now grant,
18、or may hereafter grant, to nationals; all without prejudice to the rights specially provided for by this Convention. Consequently, they shall have the same protection as the latter, and the same legal remedy against any infringement of their rights, provided that the conditions and formalities impos
19、ed upon nationals are complied with.(2) However, no requirement as to domicile or establishment in the country where protection is claimed may be imposed upon nationals of countries of the Union for the enjoyment of any industrial property rights.(3) The provisions of the laws of each of the countri
20、es of the Union relating to judicial and administrative procedure and to jurisdiction, and to the designation of an address for service or the appointment of an agent, which may be required by the laws on industrial property are expressly reserved.1 Articles have been given titles to facilitate thei
21、r identification. There are no titles in the signed (French) text.WO020ENpage 2 / 20WIPO Database of Intellectual PropertyWIPOLegislative TextsArticle 3Same Treatment for Certain Categories of Persons as for Nationals of Countries of the UnionNationals of countries outside the Union who are domicile
22、d or who have real and effective industrial or commercial establishments in the territory of one of the countries of the Union shall be treated in the same manner as nationals of the countries of the Union.Article 4A to I. Patents, Utility Models, Industrial Designs, Marks, Inventors Certificates: R
23、ight of Priority. G. Patents: Division of the ApplicationA.(1) Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the p
24、urpose of filing in the other countries, a right of priority during the periods hereinafter fixed.(2) Any filing that is equivalent to a regular national filing under the domestic legislation of any country of the Union or under bilateral or multilateral treaties concluded between countries of the U
25、nion shall be recognized as giving rise to the right of priority.(3) By a regular national filing is meant any filing that is adequate to establish the date on which the application was filed in the country concerned, whatever may be the subsequent fate of the application.B. Consequently, any subseq
26、uent filing in any of the other countries of the Union before the expiration of the periods referred to above shall not be invalidated by reason of any acts accomplished in the interval, in particular, another filing, the publication or exploitation of the invention, the putting on sale of copies of
27、 the design, or the use of the mark, and such acts cannot give rise to any thirdparty right or any right of personal possession. Rights acquired by third parties before the date of the first application that serves as the basis for the right of priority are reserved in accordance with the domestic l
28、egislation of each country of the UnionC.(1) The periods of priority referred to above shall be twelve months for patents and utility models, and six months for industrial designs and trademarks.(2) These periods shall start from the date of filing of the first application; the day of filing shall n
29、ot be included in the period.(3) If the last day of the period is an official holiday, or a day when the Office is not open for the filing of applications in the country where protection is claimed, the period shall be extended until the first following working day.(4) A subsequent application conce
30、rning the same subject as a previous first application within the meaning of paragraph (2), above, filed in the same country of the Union shall be considered as the first application, of which the filing date shall be the starting point of the period of priority, if, at the time of filing the subseq
31、uent application, the said previous application has been withdrawn, abandoned, or refused, without having been laid open to public inspection and without leaving any rights outstanding, and if it has not yet served as a basis for claiming a right of priority. The previous application may not thereaf
32、ter serve as a basis for claiming a right of priority.D.(1) Any person desiring to take advantage of the priority of a previous filing shall be required to make a declaration indicating the date of such filing and the country in which it was made. Each country shall determine the latest date on whic
33、h such declaration must be made.(2) These particulars shall be mentioned in the publications issued by the competent authority, and in particular in the patents and the specifications relating thereto.(3) The countries of the Union may require any person making a declaration of priority to produce a
34、 copy of the application (description, drawings, etc.) previously filed. The copy, certified as correct by the authority which received such application, shall not require any authentication, and mayWO020ENpage 3 / 20WIPO Database of Intellectual PropertyWIPOLegislative Textsin any case be filed, wi
35、thout fee, at any time within three months of the filing of the subsequent application. They may require it to be accompanied by a certificate from the same authority showing the date of filing, and by a translation.(4) No other formalities may be required for the declaration of priority at the time
36、 of filing the application. Each country of the Union shall determine the consequences of failure to comply with the formalities prescribed by this Article, but such consequences shall in no case go beyond the loss of the right of priority.(5) Subsequently, further proof may be required.Any person w
37、ho avails himself of the priority of a previous application shall be required to specify the number of that application; this number shall be published as provided for by paragraph (2), above.E.(1) Where an industrial design is filed in a country by virtue of a right of priority based on the filing
38、of a utility model, the period of priority shall be the same as that fixed for industrial designs(2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.F. No country of the Union may refuse
39、a priority or a patent application on the ground that the applicant claims multiple priorities, even if they originate in different countries, or on the ground that an application claiming one or more priorities contains one or more elements that were not included in the application or applications
40、whose priority is claimed, provided that, in both cases, there is unity of invention within the meaning of the law of the country.With respect to the elements not included in the application or applications whose priority is claimed, the filing of the subsequent application shall give rise to a righ
41、t of priority under ordinary conditions.G.(1) If the examination reveals that an application for a patent contains more than one invention, the applicant may divide the application into a certain number of divisional applications and preserve as the date of each the date of the initial application a
42、nd the benefit of the right of priority, if any.(2) The applicant may also, on his own initiative, divide a patent application and preserve as the date of each divisional application the date of the initial application and the benefit of the right of priority, if any. Each country of the Union shall
43、 have the right to determine the conditions under which such division shall be authorized.H. Priority may not be refused on the ground that certain elements of the invention for which priority is claimed do not appear among the claims formulated in the application in the country of origin, provided
44、that the application documents as a whole specifically disclose such elements.I.(1) Applications for inventors certificates filed in a country in which applicants have the right to apply at their own option either for a patent or for an inventors certificate shall give rise to the right of priority
45、provided for by this Article, under the same conditions and with the same effects as applications for patents.(2) In a country in which applicants have the right to apply at their own option either for a patent or for an inventors certificate, an applicant for an inventors certificate shall, in acco
46、rdance with the provisions of this Article relating to patent applications, enjoy a right of priority based on an application for a patent, a utility model, or an inventors certificate.Article 4bisPatents: Independence of Patents Obtained for theSame Invention in Different Countries(1) Patents applied for in the various countries of the Union by nationals of countries of the Union shall be independent of patents obtained for the same invention in other countries, whether members of the Union or not.WO020ENpage 4 / 20WIPO Database of Intellectual PropertyWIPOLegislative Texts(2)