Paris Convention for the Protection of Industrial Property (CUP)

The Paris Convention for the Protection of Industrial Property, often abbreviated as CUP, is a major international treaty adopted on March 20, 1883. It aims to harmonize and protect industrial property rights at an international level, covering patents, trademarks, industrial designs, geographical indications, trade names, and the repression of unfair competition.

History and Revisions

Since its adoption, the Paris Convention has been revised multiple times to adapt to the evolving field of industrial property law:

  • Brussels (1900)

  • Washington (1911)

  • The Hague (1925)

  • London (1934)

  • Lisbon (1958)

  • Stockholm (1967)

The latest modification was made on September 28, 1979.

Key Principles of the Convention

  1. National Treatment: Nationals of each member country benefit from the same advantages as nationals of other member countries in matters of industrial property protection.

  2. Right of Priority: A patent applicant has 12 months and an applicant for a trademark or an industrial design has 6 months from the date of the first application to file in another member country while retaining the priority date of the first application.

  3. Common Rules: The Convention establishes common provisions regarding the protection of various forms of industrial property, including patents, trademarks, industrial designs, trade names, and geographical indications.

Application in French Law

In France, the Paris Convention is incorporated into the Intellectual Property Code, ensuring that its principles are applied within the French legal system and providing effective protection for industrial property rights.

Global Membership

As of today, the Paris Convention has 179 member countries, making it one of the most widely adopted international treaties in the field of intellectual property.

Conclusion

The Paris Convention for the Protection of Industrial Property is a cornerstone of international industrial property law. It establishes common standards and fosters cooperation among member states, ensuring harmonized and effective protection of industrial property rights worldwide.