Holdings Information

Bibliographic Record Display

• Title:The Paris Convention for the Protection of Industrial Property : a commentary / Sam Ricketson.
  
•    
• Author/Creator:Ricketson, Sam, author.
  
• Published/Created:Oxford, United Kingdom ; New York, NY, United States of America : Oxford University Press, [2015]
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K1500.A41883 R53 2015
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Industrial property (International law)
  
• Subject(s):Paris Convention for the Protection of Industrial Property (1883 March 20)
  
• Description:lxii, 921 pages ; 26 cm
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9780199659524 hbk.
  0199659524 hbk.
  
• Contents:Machine generated contents note: pt. I ORIGINS OF THE PARIS CONVENTION
  1. Beginnings
  -Protection of Industrial Property Rights at the National Level
  Introduction
  Of Exhibitions and International Unions
  Why Have Industrial Property Rights?
  Patents for invention
  Trade marks and trade names
  Unfair competition
  National Laws Prior to the Paris Convention
  Patents
  Designs and models
  Trade marks and trade names
  Other rights
  2. Moves Towards International Protection
  Introduction
  Bilateral Treaties and Agreements
  Moves Towards a Multilateral Agreement
  Provisional protection at international exhibitions
  Getting serious
  -the Vienna Patent Congress 1873
  Further meetings: the Paris Congress 1878
  Concluding Comments
  3. Establishment of the Paris Union
  Introduction
  Preparing the Way
  First Diplomatic Conference
  Second Diplomatic Conference 1883
  pt. II DEVELOPMENT AND GROWTH OF THE PARIS SYSTEM
  4. Paris Union: A Work in Progress
  Introduction
  First Revision Conference: Rome 1886
  Second Revision Conference: Madrid 1890
  Third Revision Conference: Brussels 1897 and 1900
  Fourth Revision Conference: Washington 1911
  Fifth Conference of Revision: The Hague 1925
  Sixth Revision Conference: London 1934
  Seventh Revision Conference: Lisbon 1958
  Eighth Revision Conference: Stockholm 1967
  5. Situation Post-Stockholm: `forty years on, growing older and older...'
  Introduction
  Revising Paris Itself
  Other Side of the Coin
  -Successes (and Some Other Failures...) in the Pre-TRIPS Period
  Patent Cooperation Treaty, Washington 1970 (PCT)
  Budapest Treaty on International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure 1977 (`the Budapest Treaty')
  Madrid Protocol, Madrid 1989
  Integrated Circuits Treaty 1989 (`the Washington Treaty')
  classification treaties
  Other treaty-making activities linked to Paris
  and the impact of the Development Agenda
  Paris Convention Requirements as International Trade Standards
  Overview of the Paris Convention and its Associated Agreements
  pt. III PARIS CONVENTION AND ITS ASSOCIATED AGREEMENTS
  -OVERARCHING ISSUES
  6. Public International Law Questions: The Structure of the Paris Convention and the Interpretation and Application of its Provisions (and those of its Associated Agreements)
  Introduction and Overview
  Structure of the Paris Convention and its Associated Agreements
  matter of terminology: what is a `convention'?
  Structure of the Paris Convention
  Interpretation of Treaty Provisions
  Introductory remarks
  Languages used
  Rules of interpretation outside Paris and its associated agreements: the Vienna Convention on the Law of Treaties (VCLT)
  7. Paris Union System: Organization and Structure
  Introduction
  Concept of `Union'
  Characteristics of International Unions
  `The countries to which this Convention applies...'
  `[A] Union for the protection of industrial property...'
  Industrial property to be `understood in the broadest sense...'
  `Patents...'
  Giving Structure to the Union: Organs and Finances
  Early years
  Administration of the Paris Union
  -Present Arrangements
  Conferences of revision
  Assembly
  Conference of representatives
  Executive Committee
  International Bureau
  Director General
  Finances of the Union
  Background
  present financial provisions
  Special method of amendment for administrative provisions
  Special Unions and Other Associated Agreements
  other unions and their organs
  8. Membership and Territory of the Paris Union
  -The Final Clauses of the Convention
  Introduction
  Membership of the Paris Union
  Admission requirements
  Ratification and accession
  Reservations
  Denunciation of the Convention
  Territory of the Union
  -Application to Dependent Territories
  Changes in Union Membership
  Increases and decreases in territory
  extinction and re-establishment of states
  creation of new states
  -treaty succession
  Other Special Agreements
  Interruptions in Union Relations due to War
  Enforcing the Rules of the Club: The Obligations of Union Members
  Generally
  context in which problems of non-compliance arise
  -the politics of complaint and compliance
  Revision Conferences and the Assembly
  Settlement of disputes by the International Court of Justice
  applicable rules of customary international law
  Restricting members' rights within the Union
  -refusal to invite certain states to meetings of Union organs
  Enforcement through the WTO
  9. Organizing Principles
  Introduction
  Persons and Entities Protected under the Convention
  National Treatment
  Present and prospective effects
  scope of treatment to be accorded
  Limitations on national treatment
  -situations where discrimination against foreigners is permissible
  National treatment and equality of treatment
  `[R[ights Specially Provided' or Unionist Treatment
  system of priorities for registered rights under Article 4A-I
  principle of independence of protection
  Patents
  Utility models
  Designs
  Trade marks
  Indications of source
  Trade names
  Unfair competition
  Enforcement
  incompleteness of `rights specially provided for'
  Who may claim unionist treatment?
  Special Agreements
  Madrid Agreement
  Madrid Protocol
  Hague Agreement
  Lisbon Agreement
  PCT
  Budapest Treaty
  classification treaties
  PLT, TLT, and Singapore Treaty
  TRIPS Agreement
  Nature and scope of obligations
  Incorporation of substantive provisions of the Paris Convention
  National treatment
  Most favoured nation treatment
  Multilateral Agreements on acquisition or maintenance of protection
  Exhaustion of rights
  Further protections
  pt. IV SUBJECT MATTER PROTECTED
  10. Patents and Utility Models
  Introduction
  Paris Convention
  National treatment
  -the point of departure
  priority system
  -the way into the systems of other Union countries
  Independence of protection
  Mention of the inventor (Article 4ter)
  Restrictions of sale by law (Article 4quater)
  Failure to work, compulsory licences, and forfeiture (Article 5A)
  Time for payment of fees and restoration of rights (Article 5bis)
  Defences to infringement: patented devices on ships and aircraft (Article 5ter)
  Patentees' rights in relation to importation of products manufactured abroad by process patented in importing country (Article 5quater)
  Temporary protection at international exhibitions (Article 11)
  Utility models
  Beyond Paris: Procedural and Substantive Harmonization
  Procedural Harmonization
  PCT
  Strasbourg Agreement
  Budapest Treaty
  Patent Law Treaty 2000
  Substantive Harmonization
  proposed Treaty Supplementing the Paris Convention as far as Patents are Concerned
  Geneva Treaty on the International Recording of Scientific Discoveries 1978
  TRIPS Agreement
  11. Industrial Designs
  Introduction and Overview of this Chapter
  Designs Protection
  Legal and Policy Issues
  Paris Convention
  As a subject of protection and national treatment
  Right of priority
  Grace period for payment of fees
  Obligation to protect (Article 5quinquies)
  Independence of protection
  Restriction on forfeiture and marking
  International exhibitions
  Protection under the Berne Convention
  Classifying Designs
  -the Locarno Agreement
  International Design
  -The Hague Agreement
  Main features of The Hague system
  Hague system in broader context
  TRIPS Agreement
  Obligation to protect
  Textiles
  Rights in protected designs
  Exceptions
  Term of protection
  Acquisition and maintenance of registered designs and related inter partes procedures
  General comments
  Moves to Harmonize Procedural Issues Relating to Designs Applications
  12. Trade Marks and Trade Names
  Introduction
  Paris Convention
  Gaining protection in the first place
  -national treatment and priority periods
  Independence and dependence of protection (Articles 6 and 6quinquies)
  Service marks (Article 6sexies)
  Well-known marks (Article 6bis)
  State emblems, armorial bearings, flags, and the like (Article 6ter)
  Assignments of trade marks without accompanying goodwill (Article 6quater)
  Agents and representatives acting without authority (Article 6septies)
  Nature of the goods to which trade mark is to be applied
  Collective marks (Article Ibis)
  Use of trademarks (Article 5C)
  Protection of trade names
  Seizure on importation and appropriate legal remedies' (Article 9)
  International exhibitions (Article 11)
  `Madrid System': Madrid Agreement for the International Registration of Trademarks
  Origins
  scope for an international trade mark registration system
  Registration in contracting country as the starting point for seeking international registration
  How the international application is made
  What the international application covers
  Extent of the international registration
  Effect of the international registration
  Refusal of protection by designated contracting countries
  Dependency of international registration
  Duration of international registration and renewals
  Provisions relating to the international register and national registers
  Fees
  Governance and administration of the Madrid system
  Contents note continued: Revision of the Madrid system: the Trademark Registration Treaty 1973 and the Madrid Protocol 1989
  Trademark Registration Treaty 1973
  Madrid Protocol 1989
  significance of the Madrid system
  Trademark Law Treaty 1994
  Singapore Treaty on the Law of Trademarks 2010
  Classification Treaties
  -Nice and Vienna
  Nairobi Treaty on the Protection of the Olympic Symbol 1981
  Substantive Harmonization and the TRIPS Agreement
  Incorporation of Paris norms within TRIPS
  National treatment and MFN
  Protectable subject matter
  Substantive Harmonization
  -Post-TRIPS `Progressive Development' Within WIPO
  13. False Indications of Source, Unfair Competition, and Appellations of Origin Introduction
  False Indications of Source
  Paris Convention
  Madrid Agreement for the Repression of False or Deceptive Indications of Sources on Goods 1891
  Unfair Competition
  concept of unfair competition
  Genesis of the obligation in the Pans Convention
  present obligations arising under Article 10bis
  Provision of `appropriate legal remedies': Article 10ter
  Protection of undisclosed information
  -collateral amendment of Article 10bis through the TRIPS Agreement?
  Appellations of Origin
  Under the Paris Convention
  Lisbon Agreement
  Revision and extension of international protection for appellations under the WIPO agreements
  Moves to revise the Lisbon Agreement
  Concluding comments about protection of appellations under the Paris Convention and associated WIPO Agreements
  Geographical indications under TRIPS
  14. National Industrial Property Services and Official Periodical Journals: Article 12
  Introduction
  `Special Industrial Property Service'
  `Common offices'
  Official Periodical Journal
  Modern technologies
  pt. V WIDER CONTEXT
  15. Paris Convention and the Future
  Introduction
  Of Centenaries and Past Achievements
  World Without Paris?
  Continued Relevance?
  Revision of the Paris Convention?
  Why revise?
  object of revision
  -codification with some progressive development
  Codification by way of incorporation of the substantive provisions of TRIPS into Paris
  Where would incorporation stop?
  How to proceed?
  Progressive Development Beyond Incorporation
  In general
  Private international law issues
  Intellectual property rights and human rights: issues of access
  Concluding Comments
  Appendices
  Appendix 1 Third draft treaty prepared for the First Paris Diplomatic Conference 1880
  Appendix 2 Jagerschmidt draft presented to the Paris Conference 1880 (original text from Actes 1880, pp 26
  27)
  Appendix 3 List of translated words from WIPO official texts of the Paris Convention for the Protection of Industrial Property
  Appendix 4 successive Acts of Paris Convention for the Protection of Industrial Property 1883
  Appendix 4.1 Paris Act 1883
  Appendix 4.2 Additional Act of Brussels 1900
  Appendix 4.3 Act of Washington, 1911
  Appendix 4.4 Act of The Hague, 1925
  Appendix 4.5 Act of London, 1934
  Appendix 4.6 Act of Lisbon, 1958
  Appendix 4.7 Attachment 7
  -Stockholm Act 1967
  Appendix 5 Declaration on the Objectives of the Revision of the Paris Convention
  Appendix 6 Proposed revision of the Paris Convention.