Paris Convention for the Protection of Industrial Property
KVIC in recent times is fighting cases in several countries including Germany for violation of the Khadi Mark regulations. State-owned Khadi Village Industries Corporation is eyeing international trademark for ‘khadi’ under the Paris Convention for protection of industrial property to prevent any product from masquerading as ‘khadi’ nationally or globally.
Khadi and Village Industries Commission (KVIC)
• The KVIC is a statutory body formed in 1957 by an act of Parliament, 'Khadi and Village Industries Commission Act of 1956'.
• It is an apex organisation under the Ministry of Micro, Small and Medium Enterprises, with regard to khadi and village industries within India, which seeks to plan, promote, facilitate, organise and assist in the establishment and development of the industry in the rural areas. The broad objectives that the KVIC has set before it includes:
o The social objective of providing employment.
o The economic objective of producing saleable articles.
o The wider objective of creating self-reliance amongst the poor and building up of a strong rural community spirit.
About the Convention
The Paris Convention was adopted in 1883 and was the first major step taken to help creators ensure that their intellectual works were protected in other countries.
It applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition.
The Paris Convention, concluded in 1883, was revised at Brussels in 1900, at Washington in 1911, at The Hague in 1925, at London in 1934, at Lisbon in 1958 and at Stockholm in 1967, and was amended in 1979.
The Convention is open to all States. Instruments of ratification or accession must be deposited with the Director-General of WIPO.
The substantive provisions of the Convention fall into three main categories:
1. National treatment:The contracting state (Stateswhich have consented to be bound by a Convention) must grant the same protection to nationals of other Contracting States that it grants to its own nationals.
Note: Nationals of non-Contracting States are also entitled to national treatment under the Convention if they are domiciled or have a real and effective industrial or commercial establishment in a Contracting State.
2. Right of priority: The convention provides for the right of priority in the case of patents, trademarks and industrial designs.
3. Common rules: The Convention lays down a few common rules:
World Intellectual Property Organization
The origins of WIPO can be traced to 1883, when 14 countries signed the Paris Convention for the Protection of Industrial Property, which created intellectual-property protections for inventions, trademarks, and industrial designs.
The convention helped inventors gain protection for their works outside their native countries. In 1886 the Berne Convention required member countries to provide automatic protection for works that were produced in other member countries in the field of literary/music/artistic work.
The two organizations, which had established separate secretariats to enforce their respective treaties, merged in 1893 to become the United International Bureau for the Protection of Intellectual Property (BIRPI), which was based in Bern, Switzerland.
It is established by a convention signed in Stockholm in 1967, began operations in 1970 and became a specialized agency of the United Nations in December 1974. It is headquartered in Geneva
It is an international organization designed to promote the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works).
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WTO, GI Tag, IPR Index