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Paris Convention for the Protection of Industrial Property
of March 20, 1883,
as revised
at Brussels on December 14, 1900, at Washington
on June 2, 1911, at The Hague on November 6, 1925,
at London on June 2, 1934, at Lisbon on October 31, 1958,
and at Stockholm on July 14, 1967,
and as amended on September 28, 1979
TABLE OF CONTENTS*
Article 1: Establishment of the Union; Scope of Industrial Property
Article 2: National Treatment for Nationals of Countries of the Union
Article 3: Same Treatment for Certain Categories of Persons as for Nationals of
Countries of the Union
Article 4: A. to I. Patents, Utility Models, Industrial Designs, Marks, Inventors’
Certificates: Right of Priority.– G. Patents: Division of the
Application
Article 4bis: Patents: Independence of Patents Obtained for the Same Invention in
Different Countries
Article 4ter: Patents: Mention of the Inventor in the Patent
Article 4quater: Patents: Patentability in Case of Restrictions of Sale by Law
Article 5: A Patents: Importation of Articles; Failure to Work or Insufficient
Working; Compulsory Licenses. – B. Industrial Designs: Failure to
Work; Importation of Articles. – C. Marks: Failure to Use; Different
Forms; Use by Co–proprietors. – D. Patents, Utility Models, Marks,
Industrial Designs: Marking
Article 5bis: All Industrial Property Rights: Period of Grace for the Payment of
Fees for the Maintenance of Rights; Patents: Restoration
Article 5ter: Patents: Patented Devices Forming Part of Vessels, Aircraft, or Land
Vehicles
Article 5quater: Patents: Importation of Products Manufactured by a Process Patented
in the Importing Country
Article 5quinquies: Industrial Designs
Article 6: Marks: Conditions of Registration; Independence of Protection of
Same Mark in Different Countries
Article 6bis: Marks: Well–Known Marks
Article 6ter: Marks: Prohibitions concerning State Emblems, Official Hallmarks,
and Emblems of Intergovernmental Organizations
Article 6quater: Marks: Assignment of Marks
Article 6quinquies: Marks: Protection of Marks Registered in One Country of the Union
in the Other Countries of the Union
Article 6sexies: Marks: Service Marks
Article 6septies: Marks: Registration in the Name of the Agent or Representative of the
Proprietor Without the Latter’s Authorization
Article 7: Marks: Nature of the Goods to which the Mark is Applied
Article 7bis: Marks: Collective Marks
Article 8: Trade Names
Article 9: Marks, Trade Names: Seizure, on Importation, etc., of Goods
Unlawfully Bearing a Mark or Trade Name
Article 10: False Indications: Seizure, on Importation, etc., of Goods Bearing
False Indications as to their Source or the Identity of the Producer
Article 10bis: Unfair Competition
Article 10ter: Marks, Trade Names, False Indications, Unfair Competition :
Remedies, Right to Sue
Article 11: Inventions, Utility Models, Industrial Designs, Marks: Temporary
Protection at Certain International Exhibitions
Article 12: Special National Industrial Property Services
* This Table of Contents is added for the convenience of the reader. It does not appear in the signed text of the Convention.
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Legislative Texts
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Article 13: Assembly of the Union
Article 14: Executive Committee
Article 15: International Bureau
Article 16: Finances
Article 17: Amendment of Articles 13 to 17
Article 18: Revision of Articles 1 to 12 and 18 to 30
Article 19: Special Agreements
Article 20: Ratification or Accession by Countries of the Union; Entry Into Force
Article 21: Accession by Countries Outside the Union; Entry Into Force
Article 22: Consequences of Ratification or Accession
Article 23: Accession to Earlier Acts
Article 24: Territories
Article 25: Implementation of the Convention on the Domestic Level
Article 26: Denunciation
Article 27: Application of Earlier Acts
Article 28: Disputes
Article 29: Signature, Languages, Depository Functions
Article 30: Transitional Provisions
Article 1
[Establishment of the Union; Scope of Industrial Property]1)
(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, indications 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
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 and certificates of addition, etc.
Article 2
[National 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, 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 imposed 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 countries 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 their identification. There are no titles in the signed (French) text.
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Article 3
[Same Treatment for Certain Categories of Persons as for Nationals of Countries of the Union]
Nationals of countries outside the Union who are domiciled 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 4
[A to I. Patents, Utility Models, Industrial Designs, Marks, Inventors’ Certificates: Right of Priority. –
G. Patents: Division of the Application]
A.—
(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 purpose 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
Union 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 subsequent 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 the design, or the use of the mark, and such acts cannot give rise to any third–party 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 legislation of each
country of the Union
C.—
(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 not 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 concerning 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 subsequent 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 thereafter 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 which 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 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 may
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in any case be filed, without 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 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 who 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 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 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 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 right 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 and 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 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 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 inventor’s certificate shall give rise to the
right of priority 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 inventor’s certificate, an applicant for an inventor’s certificate shall, in accordance
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 inventor’s certificate.
Article 4bis
[Patents: Independence of Patents Obtained for the
Same 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.
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(2) The foregoing provision is to be understood in an unrestricted sense, in particular, in the sense that
patents applied for during the period of priority are independent, both as regards the grounds for nullity and
forfeiture, and as regards their normal duration.
(3) The provision shall apply to all patents existing at the time when it comes into effect.
(4) Similarly, it shall apply, in the case of the accession of new countries, to patents in existence on either
side at the time of accession.
(5) Patents obtained with the benefit of priority shall, in the various countries of the Union, have a
duration equal to that which they would have, had they been applied for or granted without the benefit of
priority.
Article 4ter
[Patents: Mention of the Inventor in the Patent]
The inventor shall have the right to be mentioned as such in the patent.
Article 4quater
[Patents: Patentability in Case of Restrictions of Sale by Law]
The grant of a patent shall not be refused and a patent shall not be invalidated on the ground that the
sale of the patented product or of a product obtained by means of a patented process is subject to restrictions
or limitations resulting from the domestic law.
Article 5
[A. Patents: Importation of Articles; Failure to Work or Insufficient Working; Compulsory Licenses. —
B. Industrial Designs: Failure to Work; Importation of Articles. — C. Marks: Failure to Use; Different
Forms; Use by Co–proprietors. — D. Patents, Utility Models, Marks, Industrial Designs: Marking]
A.—
(1) Importation by the patentee into the country where the patent has been granted of articles
manufactured in any of the countries of the Union shall not entail forfeiture of the patent.
(2) Each country of the Union shall have the right to take legislative measures providing for the
grant of compulsory licenses to prevent the abuses which might result from the exercise of the
exclusive rights conferred by the patent, for example, failure to work.
(3) Forfeiture of the patent shall not be provided for except in cases where the grant of
compulsory licenses would not have been sufficient to prevent the said abuses. No proceedings for the
forfeiture or revocation of a patent may be instituted before the expiration of two years from the grant
of the first compulsory license.
(4) A compulsory license may not be applied for on the ground of failure to work or insufficient
working before the expiration of a period of four years from the date of filing of the patent application
or three years from the date of the grant of the patent, whichever period expires last; it shall be
refused if the patentee justifies his inaction by legitimate reasons. Such a compulsory license shall be
non–exclusive and shall not be transferable, even in the form of the grant of a sub–license, except
with that part of the enterprise or goodwill which exploits such license.
(5) The foregoing provisions shall be applicable, mutatis mutandis, to utility models.
B. — The protection of industrial designs shall not, under any circumstance, be subject to any
forfeiture, either by reason of failure to work or by reason of the importation of articles corresponding to
those which are protected.
C.—
(1) If, in any country, use of the registered mark is compulsory, the registration may be
cancelled only after a reasonable period, and then only if the person concerned does not justify his
inaction.
(2) Use of a trademark by the proprietor in a form differing in elements which do not alter the
distinctive character of the mark in the form in which it was registered in one of the countries of the
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Union shall not entail invalidation of the registration and shall not diminish the protection granted to
the mark.
(3) Concurrent use of the same mark on identical or similar goods by industrial or commercial
establishments considered as co–proprietors of the mark according to the provisions of the domestic
law of the country where protection is claimed shall not prevent registration or diminish in any way
the protection granted to the said mark in any country of the Union, provided that such use does not
result in misleading the public and is not contrary to the public interest.
D. — No indication or mention of the patent, of the utility model, of the registration of the trademark,
or of the deposit of the industrial design, shall be required upon the goods as a condition of recognition of
the right to protection.
Article 5bis
[All Industrial Property Rights: Period of Grace for
the Payment of Fees for the Maintenance of Rights;
Patents: Restoration]
(1) A period of grace of not less than six months shall be allowed for the payment of the fees prescribed
for the maintenance of industrial property rights, subject, if the domestic legislation so provides, to the
payment of a surcharge.
(2) The countries of the Union shall have the right to provide for the restoration of patents which have
lapsed by reason of non–payment of fees.
Article 5ter
[Patents: Patented Devices Forming Part of Vessels, Aircraft, or Land Vehicles]
In any country of the Union the following shall not be considered as infringements of the rights of a
patentee:
1. the use on board vessels of other countries of the Union of devices forming the subject of his
patent in the body of the vessel, in the machinery, tackle, gear and other accessories, when
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