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Amendments to the Paris Convention in 1900 in Brussels


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

Right of Priority

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.

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 by third parties, 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

The periods of priority referred to above shall be three twelve months for patents and utility models, and three four months for industrial designs and trademarks. They are extended by a month for countries over seas.



Article 4 bis

Patents: Independence of Patents Obtained for the Same Invention in Different Countries

Patents applied for in the various countries of the Union by persons that benefit from the articles 2 and 3, shall be independent of patents obtained for the same invention in other countries, whether members of the Union or not.

The provision shall apply to all patents existing at the time when it comes into effect.

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.



Two paragraphs were added to original article 9:

Article 9 (additions)

Marks, Trade Names: Seizure, on Importation, etc., of Goods Unlawfully Bearing a Mark or Trade Name

If the legislation of a country does not permit seizure on importation, seizure shall be replaced by prohibition of importation.

The authorities shall not be bound to effect seizure of goods in transit.



Original article 10 had been amended:

Article 10 (additions)

False Indications: Seizure, on Importation, etc., of Goods Bearing False Indications as to their Source or the Identity of the Producer

The provisions of the preceding Article shall apply for all products bearing falsely, as an indication of the source of the goods the name of a particular location, if this location will be attached to a fictitious trade name or borrowed in a fraudulent intention.

Any producer, manufacturer or merchant, engaged in the production or manufacture or trade in such goods and established either in the locality falsely indicated as the source, or in the region where such locality is situated, shall be deemed an interested party.



An article 10 bis had been added:

Article 10 bis

False Indications: Seizure, on Importation, etc., of Goods Bearing False Indications as to their Source or the Identity of the Producer

The nationals of the Convention (art. 2 and 3) enjoy in each country of the Union the same protection against unfair competition as granted to their nationals.



Article 11 had been cahnged as follows:

Article 11

Inventions, Utility Models, Industrial Designs, Marks: Temporary Protection at Certain International Exhibitions

The countries of the Union shall, in conformity with their domestic legislation, grant temporary protection to patentable inventions, utility models, industrial designs, and trademarks, in respect of goods exhibited at official or officially recognized international exhibitions held in the territory of any of them.



Article 14 had been changed as follows:

Article 14

Revisions

This Convention shall be submitted to revision with a view to the introduction of amendments designed to improve the system of the Union.

For that purpose, conferences shall be held successively in one of the countries of the Union among the delegates of the said countries.

The next revisions shall take place in 1885 in Rome





Article 16 had been changed as follows:

Article 16

Accession by States Outside the Union

States which have not taken part of the Union will be joined on their request.

This accession shall be notified by diplomatic channels to the Government of the Suisse Confederation, and by them to all others.

It will allow, in its own right, access to all clauses and to all advantages stated by the present Convention , and will produce its effects one month after the notification prepared by the Suisse Government has been expedited to the other states of the Union, in case a later date has not been indicated by the acessing state..





Article 2 of the Closing Articles had been changed as follows:

3 bis

Grace period for payment of patent annuities

The patentee, in each country, shall not be subject to forfeiture for a minimum of three years after the filing of the application for reasons of non-exploitation in the respective country, and in cases where the patentee does not justify his inaction.



The signing members of the Amendments to the Paris Convention in 1900:



World map with founding members of the Paris Convention

Signing states of Paris Convention in 1883



Sources

[1]WIPO Brussels Act 1900[WIPO]

(c) EPO express 2020

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