First Published: 21 Sep 2002
Revised: 22 Oct 2010
The same article provides that 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. “Industrial property” is to be understood in the broadest sense and applies not only to industry and commerce proper, but also to agricultural and extractive industries and to all manufactured or natural products including wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.
The key provision is art. 2 requiring nationals of any country of the Union to enjoy in all other countries the advantages that the laws of those countries grant to their own nationals, including the same protection and remedies against infringement provide national conditions and formalities are complied with.
An applicant for a patent, utility model, industrial design or trademark, in any of those countries is entitled to a right of priority of 12 months for patents and utility models, and 6 for industrial designs and trademarks pursuant to art. 4.
Use and Compulsory Licensing
Art. 5 restricts the conditions that can be imposed as to how a patent, utility model, design or trade mark is to be used. Compulsory licensing is allowed where a patent or utility model has not been worked within 3 years of the grant or 4 of the application.
Industrial designs are to be protected in all countries of the Union.
The conditions for filing and registering trade marks may be determined in each country of the Union by its domestic legislation. Service marks are to be protected though not necessarily registered. Collective marks are also to be protected subject to such conditions as national legislatures may impose. A mark duly registered in one country of the Union is to be regarded as independent of marks registered in the other countries including the country of origin. Special provision is made for the protection of well-known marks and various state and international emblems.
Trade Names and Unfair Competition
Trade names are to be protected in all the countries of the Union under art. 8 without the obligation of filing or registration, whether or not the name forms part of a trade mark. Art. 10bis and art. 10ter provide remedies for unfair competition.