Table of Cases xvi Table of Legislation xix Table of Abbreviations Used in this Work xliv Introduction xlix Acknowledgements lxi pt. I ORIGINS OF THE PARIS CONVENTION 1. Beginnings---Protection of Industrial Property Rights at the National Level Introduction 1 Of Exhibitions and International Unions 2 Why Have Industrial Property Rights? 4 Patents for invention 5 Trade marks and trade names 10 Unfair competition 12 National Laws Prior to the Paris Convention 16 Patents 17 Designs and models 18 Trade marks and trade names 20 Other rights 21 2. Moves Towards International Protection Introduction 1 Bilateral Treaties and Agreements 2 Moves Towards a Multilateral Agreement 10 Provisional protection at international exhibitions 10 Getting serious---the Vienna Patent Congress 1873 13 Further meetings: the Paris Congress 1878 15 Concluding Comments 27 3. Establishment of the Paris Union Introduction 1 Preparing the Way 2 First Diplomatic Conference 6 Second Diplomatic Conference 1883 9 pt. II DEVELOPMENT AND GROWTH OF THE PARIS SYSTEM 4. Paris Union: A Work in Progress Introduction 1 First Revision Conference: Rome 1886 2 Second Revision Conference: Madrid 1890 13 Third Revision Conference: Brussels 1897 and 1900 18 Fourth Revision Conference: Washington 1911 21 Fifth Conference of Revision: The Hague 1925 25 Sixth Revision Conference: London 1934 28 Seventh Revision Conference: Lisbon 1958 32 Eighth Revision Conference: Stockholm 1967 43 5. Situation Post-Stockholm: `forty years on, growing older and older...' Introduction 1 Revising Paris Itself 2 Other Side of the Coin---Successes (and Some Other Failures...) in the Pre-TRIPS Period 12 Patent Cooperation Treaty, Washington 1970 (PCT) 13 Budapest Treaty on International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure 1977 (`the Budapest Treaty') 14 Madrid Protocol, Madrid 1989 15 Integrated Circuits Treaty 1989 (`the Washington Treaty') 16 classification treaties 17 Other treaty-making activities linked to Paris--and the impact of the Development Agenda 18 Paris Convention Requirements as International Trade Standards 20 Overview of the Paris Convention and its Associated Agreements 24 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 1 Structure of the Paris Convention and its Associated Agreements 2 matter of terminology: what is a `convention'? 2 Structure of the Paris Convention 5 Interpretation of Treaty Provisions 9 Introductory remarks 9 Languages used 15 Rules of interpretation outside Paris and its associated agreements: the Vienna Convention on the Law of Treaties (VCLT) 22 7. Paris Union System: Organization and Structure Introduction 1 Concept of `Union' 2 Characteristics of International Unions 3 `The countries to which this Convention applies...' 14 `[A] Union for the protection of industrial property...' 17 Industrial property to be `understood in the broadest sense...' 29 `Patents...' 31 Giving Structure to the Union: Organs and Finances 34 Early years 35 Administration of the Paris Union---Present Arrangements 37 Conferences of revision 37 Assembly 43 Conference of representatives 49 Executive Committee 50 International Bureau 62 Director General 68 Finances of the Union 71 Background 71 present financial provisions 73 Special method of amendment for administrative provisions 84 Special Unions and Other Associated Agreements 86 other unions and their organs 87 8. Membership and Territory of the Paris Union---The Final Clauses of the Convention Introduction 1 Membership of the Paris Union 2 Admission requirements 2 Ratification and accession 3 Reservations 14 Denunciation of the Convention 17 Territory of the Union---Application to Dependent Territories 19 Changes in Union Membership 31 Increases and decreases in territory 32 extinction and re-establishment of states 33 creation of new states---treaty succession 35 Other Special Agreements 54 Interruptions in Union Relations due to War 55 Enforcing the Rules of the Club: The Obligations of Union Members 59 Generally 59 context in which problems of non-compliance arise---the politics of complaint and compliance 63 Revision Conferences and the Assembly 64 Settlement of disputes by the International Court of Justice 65 applicable rules of customary international law 67 Restricting members' rights within the Union---refusal to invite certain states to meetings of Union organs 69 Enforcement through the WTO 70 9. Organizing Principles Introduction 1 Persons and Entities Protected under the Convention 2 National Treatment 16 Present and prospective effects 17 scope of treatment to be accorded 18 Limitations on national treatment---situations where discrimination against foreigners is permissible 25 National treatment and equality of treatment 26 `[R[ights Specially Provided' or Unionist Treatment 30 system of priorities for registered rights under Article 4A-I 34 principle of independence of protection 35 Patents 36 Utility models 37 Designs 38 Trade marks 39 Indications of source 40 Trade names 41 Unfair competition 42 Enforcement 43 incompleteness of `rights specially provided for' 44 Who may claim unionist treatment? 45 Special Agreements 47 Madrid Agreement 48 Madrid Protocol 49 Hague Agreement 50 Lisbon Agreement 51 PCT 52 Budapest Treaty 53 classification treaties 54 PLT, TLT, and Singapore Treaty 55 TRIPS Agreement 56 Nature and scope of obligations 57 Incorporation of substantive provisions of the Paris Convention 59 National treatment 60 Most favoured nation treatment 62 Multilateral Agreements on acquisition or maintenance of protection 63 Exhaustion of rights 64 Further protections 65 pt. IV SUBJECT MATTER PROTECTED 10. Patents and Utility Models Introduction 1 Paris Convention 2 National treatment---the point of departure 2 priority system---the way into the systems of other Union countries 3 Independence of protection 26 Mention of the inventor (Article 4ter) 35 Restrictions of sale by law (Article 4quater) 37 Failure to work, compulsory licences, and forfeiture (Article 5A) 40 Time for payment of fees and restoration of rights (Article 5bis) 64 Defences to infringement: patented devices on ships and aircraft (Article 5ter) 70 Patentees' rights in relation to importation of products manufactured abroad by process patented in importing country (Article 5quater) 72 Temporary protection at international exhibitions (Article 11) 73 Utility models 80 Beyond Paris: Procedural and Substantive Harmonization 82 Procedural Harmonization 84 PCT 85 Strasbourg Agreement 102 Budapest Treaty 104 Patent Law Treaty 2000 105 Substantive Harmonization 107 proposed Treaty Supplementing the Paris Convention as far as Patents are Concerned 108 Geneva Treaty on the International Recording of Scientific Discoveries 1978 114 TRIPS Agreement 117 11. Industrial Designs Introduction and Overview of this Chapter 1 Designs Protection--Legal and Policy Issues 2 Paris Convention 3 As a subject of protection and national treatment 4 Right of priority 8 Grace period for payment of fees 18 Obligation to protect (Article 5quinquies) 19 Independence of protection 24 Restriction on forfeiture and marking 26 International exhibitions 29 Protection under the Berne Convention 30 Classifying Designs---the Locarno Agreement 47 International Design---The Hague Agreement 50 Main features of The Hague system 53 Hague system in broader context 72 TR