Patents applied for in the different contracting countries by persons admitted to the benefit of the Convention in the terms of articles 2 and 3, shall be independent of the patents obtained for the same invention in the other countries, adherent or not to the Union.
This provision shall be understood in an absolute manner, particularly in the sense that the patents applied for during the term of priority are independent, as much from the point of view of the causes of nullity and of forfeiture as from the point of view of the normal duration.
It applies to all patents existing at the time of entrance into force.
It shall be likewise, in case of accession of new countries, for patents existing on both sides at the time of accession.
The importation, by the patentee, into the country where the patent has been granted, of articles manufactured in any of the countries of the Union shall not entail forfeiture.
However, the patentee shall be obliged to work his patent according to the laws of the country into which he introduces the patented objects, but with the restriction that the patent shall not be liable to forfeiture because of non-working in one of the countries of the Union until after aterm of three years, from the date of the filing of the application in that country, and only in case the patentee shall fail to show sufficient cause for his inaction.
Every trademark regularly registered in the country of origin shall be admitted to registration and protected as that in the other countries of the Union.
However, there may be refused or invalidated:
1. Marks which are of a nature to infringe rights acquired by third parties in the country where protection is claimed.
2. Marks devoid of all distinctive character, or even composed exclusively of signs or data which may be used in commerce, to designate the kind, quality, quantity, destination, value, place of origin of the products or the time of production, or become common in the current language or the legal and steady customs of commerce of the country where the protection is claimed.
In the estimation of the distinctive character of a mark, all the circumstances existing should be taken into account, particularly the duration of the use of the mark.
3. Marks which are contrary to morals or public order.
The country where the applicant has his principal establishment shall be considered as the country of origin.
