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Dontas, Nicolas --- "Permitted Use Under International Law" [2006] ELECD 229; in Phillips, Jeremy (ed), "Trade Marks at the Limit" (Edward Elgar Publishing, 2006)

Book Title: Trade Marks at the Limit

Editor(s): Phillips, Jeremy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427382

Section: Chapter 1

Section Title: Permitted Use Under International Law

Author(s): Dontas, Nicolas

Number of pages: 7

Extract:

1. Permitted use under international law
Nicolas Dontas
Developed to facilitate international commerce and to bring down the trade
barriers that result from the principle of territoriality of trade mark protec-
tion, the international law on trade marks establishes a general legal frame-
work with which national and regional jurisdictions should comply.
Consequently, several international treaties have been signed to facilitate the
international protection of trade marks, from the Paris Convention of 18831
to the World Trade Organization's TRIPs Agreement.2 Specifically, the inter-
national legal framework on trade marks is based upon the following inter-
national treaties:

The Paris Convention of 1883
The Paris Convention on the Protection of Industrial Property is the oldest and
most important treaty with respect to industrial property rights. It is based on
a set of principles that were intended to secure and protect trade mark rights in
international trade. The Paris Convention required signatory states to imple-
ment the well-known principle of territoriality,3 the national treatment princi-
ple,4 the principle of independence of rights5 and the telle-quelle principle,6
which created a solid basis for the future development and evolution of inter-
national trade mark law.


1 Paris Convention for the Protection of Industrial Property of 20 March 1883,
as revised to 14 July 1967 and amended on 28 September 1979.
2 Agreement on Trade-Related Aspects of Intellectual Property Rights,
Annex 1C of the Marrakech Agreement Establishing the World Trade Organization,
signed in Marrakech, Morocco on 15 ...