Practice Notice

Canada Accedes to the Latest Text of the Paris Convention

Publication Date: 1996-05-08

Canada upgraded its membership in the Paris Convention for the Protection of Industrial Property by acceding to the substantive provisions of the latest version of the Convention, the 1967 Stockholm Act. The Director General of the World Intellectual Property Organization (WIPO) acknowledged receipt of Canada's instrument of accession on February 26, 1996, and the Act will enter into force in Canada on May 26, 1996.

The purpose of the Convention, which has a memberhsip of 136 countries, is to strengthen the protection of industrial property among its member states, mainly in the patent, trade-marks and industrial design fields. The main provision of the Convention ensure national treatment of industrial property applicants and owners, provide priority rights to applicants from member states, and set out a series of common rules for members to follow.

Canada first joined the Convention in 1925, and became a member of the 1934 London Act in 1951. Canada did not accede to the 1958 Lisbon Act, and in 1970 joined only the administrative provisions of the 1967 Stockholm Act.

Over the past several years, a series of legislative amendments to the Patent, Trade-marks and Industrial Design Acts have been made in order to bring Canadian law in line with the substantive provisions of the Stockholm text. These changes and accession to the latest text of the Stockholm Act are designed to meet Canada's obligations under both the North American Free Trade Agreement (NAFTA), and the Agreement on Trade Related Intellectual Property Rights (TRIPS) administered by the World Trade Organization (WTO).

In particular, accession will result in a change in Canadian practice pursuant to Article 6ter of the Paris Convention, in that protection will be provided under the Trade-marks Act for emblems, flags or name abbreviations of international, intergovernmental organizations.