In this article we will discuss International conventions related to design like Paris Convention, The Hague agreement, World intellectual property organization convention and Locarno agreement
Paris Convention, 1883
The Paris convention of 1883 became the basis of the starting of the regime g intellectual property rights. The modifications and rule for the development and necessity of intellectual property rights has started from the Paris convention only. This convention was the first instrument to provide for the rights for intellectual property like patent, industrial design, utility models, geographical indication etc.
The main principles of the Paris convention were:
National treatment: According to this each contracting parties must grant the same protection of IPR to the nationals of other contracting party as it would provide to its own nationals. The nationals of non-contacting parties can also be granted protection if they are living in that party or are carrying out any business in that party.
Priority rule:
This rule states that if someone asks for protection in any one contracting parties by application and also want to file in some other contacting party he can do so and his second and subsequent application will be considered as on the filing of its first application only. He will be given priority over other applicants.
Common rule:
1. Patent and marks should be granted irrespective of the fact that they have been granted in the other contracting party.
2. Industrial designs must be protected in each contacting parties irrespective of the fact that the design is not manufactured in that contracting party.
3. Trade names: protection must be granted to trade names in each contracting party.
4. Each contacting party must issue guidelines for the unfair use of the intellectual property.
Common rule:
1. Patent and marks should be granted irrespective of the fact that they have been granted in the other contracting party.
2. Industrial designs must be protected in each contacting parties irrespective of the fact that the design is not manufactured in that contracting party.
3. Trade names: protection must be granted to trade names in each contracting party.
4. Each contacting party must issue guidelines for the unfair use of the intellectual property.
The Hague agreement
The Hague agreement which came in 1925. With the Hague agreement the owner can register design in multiple countries and by one single application the international registration of design was permitted. There are two agreement of the Hague agreement which are currently in existence which has made the rules on designs in IPR.
First one the 1960 Act and the 1999 Act.
The 1999 Act provides that a design can be registered only by and legal entity or a natural person who is in connection with the design.
According to both the acts design can be registered only by a legal entity or a person who is in connection with the design. Because of this agreement the contracting party can make registration of design by a single application. Provided they must comply with the Locarno classification. An application can be governed by both depending on the parties and their connections with the designs.
World intellectual property organization convention, 1967
The world intellectual property convention made it easier for the design to get registered at the international level. World intellectual property organization convention,1967
The world intellectual property organization has its emergence from the both Paris convention and the Berne convention. Both of these provided for one different organization the world intellectual property organization convention provides for only one organization for both the conventions that is world intellectual property organization.
Main objectives of World intellectual property organization are:
1. To promote and aware about the intellectual property rights in the whole world.
2. To ensure cooperation among the unions of intellectual properties established by various treaties.
Besides performing administrative tasks, the world intellectual property organization engage in many other activities also to ensure the above objectives. They are:
1. Provide for legal assistance to various states to states.
2. Provides for norms and standards and rules related to the grant and fair use of intellectual property rights.
3. Provides for registration process and filing related process.
Locarno agreement,1968
The Locarno classification which was initiated in Locarno agreement is a classification for industrial designs. This provides for the subjects in which the designs can be registered. The parties to this treaty have to when registering a design state that to which subject the design belong. A committee would be created and they will have to update the classification and the subjects from time to time. It contains more than 5000 number of goods for registration of design.
The agreement has comprised of:
• list of classes and subclasses;
• list of good in alphabetical order, with an indication of the classes and subclasses in which they fail.
•explanatory notes
This agreement is solely of administrative purpose so that the design registration can be made easy and is not binding on every state or contracting countries.
