One hundred and forty years since the adoption of the Paris Convention of 1883 – a “MAGNA CARTA” for the protection of industrial property Cover Image
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140 de ani de la adoptarea Convenţiei de la Paris din 1883 – o „MAGNA CARTA” pentru protecţia proprietăţii industriale
One hundred and forty years since the adoption of the Paris Convention of 1883 – a “MAGNA CARTA” for the protection of industrial property

Author(s): Ciprian Raul Romițan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: industrial property right; international convention; the principle of national treatment; the principle of priority; the principle of independence of patents; the principle of independence of marks;

Summary/Abstract: As part of the International Conference for the Protection of Industrial Property, held in Paris between November 4 and 20, 1880 and attended by the representatives of 21 states, a draft document, drawn up by the French legal adviser M. Jagerschmidt, which laid the basis of the future unionist regime and, first and foremost, it guaranteed the national treatment in all states that were going to adhere to the future international convention. In his opening speech at the International Conference of 1880, the French minister of agriculture and trade said, quoting his predecessor: “Industrial property will only be truly protected when there are simple, uniform and precise rules everywhere, establishing among the States some sort of conventional regime, some sort of mutual assurance against plagiarism and counterfeiting”. In order to also facilitate the access to the protection of industrial property rights abroad, outside the country of origin, on March 20, 1883, a number of 11 states signed the “Paris Convention for the Protection of Industrial Property”. The Convention, which, in my opinion is a “Magna Carta of industrial property rights” at an international level, is aimed at ensuring the legal protection of industrial property rights, which encompasses inventions, utility models, industrial designs and models, factory, trade and service marks, designations of origin and geographical indications, the tradename and the prevention of unfair competition. The International Union for the Protection of Industrial Property (the Paris Union), headquartered in Geneva starting 1960, was also established pursuant to the Paris Convention.

  • Issue Year: 2023
  • Issue No: 3
  • Page Range: 148-160
  • Page Count: 13
  • Language: Romanian