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[council] international intergovernmental organizations covered by the Paris Convention

  • To: <council@xxxxxxxxxxxxxx>
  • Subject: [council] international intergovernmental organizations covered by the Paris Convention
  • From: "Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
  • Date: Fri, 13 Apr 2007 10:11:38 +1000
  • In-reply-to: <030501c77d07$458a40c0$7801a8c0@harris2>
  • References: <030501c77d07$458a40c0$7801a8c0@harris2>
  • Sender: owner-council@xxxxxxxxxxxxxx
  • Thread-index: Acd9B6/JqtWwbfdSQD662bAJaXmBVgAV/eZQ
  • Thread-topic: international intergovernmental organizations covered by the Paris Convention

>From the Paris Convention for the Protection of Industrial Property
(originally dated 1883) below, it seems that IGO is defined as:

- international intergovernmental organizations of which one or more
countries of the Union are members


The wording in the Paris Convention
(http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html#P155_22332)
 
" 

        (a) The countries of the Union agree to refuse or to invalidate
the registration, and to prohibit by appropriate measures the use,
without authorization by the competent authorities, either as trademarks
or as elements of trademarks, of armorial bearings, flags, and other
State emblems, of the countries of the Union, official signs and
hallmarks indicating control and warranty adopted by them, and any
imitation from a heraldic point of view.

        (b) The provisions of subparagraph (a), above, shall apply
equally to armorial bearings, flags, other emblems, abbreviations, and
names, of international intergovernmental organizations of which one or
more countries of the Union are members, with the exception of armorial
bearings, flags, other emblems, abbreviations, and names, that are
already the subject of international agreements in force, intended to
ensure their protection.

        (c) No country of the Union shall be required to apply the
provisions of subparagraph (b), above, to the prejudice of the owners of
rights acquired in good faith before the entry into force, in that
country, of this Convention. The countries of the Union shall not be
required to apply the said provisions when the use or registration
referred to in subparagraph (a), above, is not of such a nature as to
suggest to the public that a connection exists between the organization
concerned and the armorial bearings, flags, emblems, abbreviations, and
names, or if such use or registration is probably not of such a nature
as to mislead the public as to the existence of a connection between the
user and the organization."

         

Note that "The countries to which this Convention applies constitute a
Union for the protection of industrial property."


Regards,
Bruce Tonkin




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