Dutch Legislation

Paris Convention for the Protection of Industrial Property

in force

Patents, marks, priority — since 1883

Intellectual property · Unieverdrag van Parijs (Stockholmse akte 1967) · BWBV0004120 · Articles: 46

1 Article 1

The countries to which this Convention applies constitute a Union for the protection of industrial property.

2 Article 2

The nationals of each of the countries of the Union shall, as regards the protection of industrial property, enjoy in all the other countries of the…

3 Article 3

Nationals of countries not forming part of the Union who have their domicile in the territory of one of the countries of the Union, or who possess…

4 Article 4

Any person who has duly filed an application for a patent for an invention, a utility model, an industrial design or model, or a trademark in one of…

4bis Article 4bis

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…

4quater Article 4quater

The grant of a patent shall not be refused and a patent shall not be declared null and void on the ground that the sale of the patented product or of…

4ter Article 4ter

The inventor has the right to be mentioned as such in the patent.

5 Article 5

The importation by the patentee into the country where the patent has been granted of articles manufactured in any of the countries of the Union…

5bis Article 5bis

A period of grace, which shall be at least six months, shall be allowed for the payment of the fees prescribed for the maintenance of industrial…

5quater Article 5quater

If a product is imported into a country of the Union where a patent exists that protects the process for manufacturing this product, the patentee…

5quinquies Article 5quinquies

Industrial designs and models shall be protected in all countries of the Union.

5ter Article 5ter

In each of the countries of the Union, the following shall not be considered as an infringement of the rights of the patentee:

6 Article 6

The conditions for the filing and registration of trademarks shall be determined in each of the countries of the Union by its domestic legislation.

6bis Article 6bis

The countries of the Union undertake, either administratively if their legislation so permits, or at the request of an interested party, to refuse or…

6quater Article 6quater

Where, under the legislation of a country of the Union, the assignment of a trademark is valid only if it takes place at the same time as the…

6quinquies Article 6quinquies

Every factory or trade mark that has been duly registered in the country of origin shall be admitted for filing and protected as such in the other…

6septies Article 6septies

If the agent or representative of the proprietor of a trademark in one of the countries of the Union applies for the registration of that trademark…

6sexies Article 6sexies

The countries of the Union undertake to protect service marks. They are not required to provide for the registration of such marks.

6ter Article 6ter

The countries of the Union agree to refuse or to invalidate the registration, and to prohibit by appropriate measures the use, without authorization…

7 Article 7

The nature of the goods to which the trademark or trade name is to be affixed shall in no case constitute an impediment to the registration of the…

7bis Article 7bis

The countries of the Union undertake to accept for filing and to protect collective marks belonging to associations the existence of which is not…

8 Article 8

The trade name shall be protected in all countries of the Union, without the obligation of filing or registration, whether or not it forms part of a…

9 Article 9

Any goods unlawfully bearing a trademark or trade name shall be seized upon importation into those countries of the Union where such trademark or…

10 Article 10

The provisions of the preceding article shall apply in the event of direct or indirect use of a false indication regarding the origin of the product…

10bis Article 10bis

The countries of the Union are bound to assure to persons belonging to the Union an effective protection against unfair competition.

10ter Article 10ter

The countries of the Union undertake to ensure that nationals of the other countries of the Union are afforded appropriate legal remedies to…

11 Article 11

The countries of the Union shall, in accordance with their national legislation, grant temporary protection to patentable inventions, utility models…

12 Article 12

Each of the countries of the Union undertakes to establish a special industrial property service and a central office for the communication to the…

13 Article 13

The Union shall have a General Assembly, composed of the countries of the Union bound by Articles 13 to 17 inclusive.

14 Article 14

The General Meeting has an Executive Committee.

15 Article 15

The administrative tasks allocated to the Union shall be performed by the International Bureau, which is a continuation of the Bureau of the Union…

16 Article 16

The Union has a budget.

17 Article 17

Proposals for the amendment of Articles 13, 14, 15, 16 and of this Article may be submitted by any country that is a member of the General Assembly…

18 Article 18

This Convention shall be subject to revisions in order to introduce therein such improvements as may serve to perfect the system of the Union.

19 Article 19

It is understood that the countries of the Union reserve the right to make separately between themselves special agreements for the protection of…

20 Article 20

Any Union country that has signed this Act may ratify it and, if it has not signed it, may accede to it. The instruments of ratification and…

21 Article 21

States that are not members of the Union may accede to this Act and shall thereby become members of the Union. The instruments of accession shall be…

22 Article 22

Without prejudice to the possible exceptions referred to in Articles 20, paragraph 1, point (b) and 28, paragraph 2, ratification or accession shall…

23 Article 23

After the entry into force of this Act in its entirety, a country may not accede to earlier Acts of this Convention.

24 Article 24

Each State may, in its instrument of ratification or accession, declare or, at any later time, notify the Director-General in writing that this…

25 Article 25

Each State Party to this Convention undertakes to adopt, in accordance with its constitution, the measures necessary to ensure the application of…

26 Article 26

This Convention shall remain in force for an indefinite period.

27 Article 27

This Act shall, in the relations between the countries to which it applies and to the extent that it applies, replace the Paris Convention of 20…

28 Article 28

Any dispute between two or more Union countries concerning the interpretation or application of this Treaty which cannot be settled by negotiation…

29 Article 29

This Act shall be signed in a single original in the French language and deposited with the Government of Sweden.

30 Article 30

Until the time of the assumption of office of the first Director General, references in this Act to the International Bureau of the Organization or…