ATWESIGYE Damson BA (LIS), MSc. IS PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY, 1883 INTRODUCTION Intellectual Property Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce. Intellectual property is divided into two categories: Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications. Copyright covers literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs. Industrial property legislation is part of the wider body of law known as intellectual property. Industrial property is a product of the creative thinking of the mind and its takes a range of forms, including patents to protect inventions; and industrial designs, which are aesthetic creations determining the appearance of industrial products. Industrial property also covers trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, as well as geographical indications, and protection against unfair competition (World Intellectual Property Organization, 2016). Industrial property rights allow creators, or owners of patents, trademarks, industrial designs and geographical indications to benefit from their own work or investment in a creation. These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions (Ricketson, 2015; WIPO, 2004). The importance of protecting intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are being administered by the World Intellectual Property Organization (WIPO) (World Intellectual Property Organization, 2016). DEFINITION OF KEY TERMS IN INDUSTRIAL PROPERTY A Convention: According to Dictionary.com, a Convention is a formal agreement between States or a meeting or formal assembly, as of representatives or delegates, for discussion of and action on particular matters of common concern. Patent: Is an exclusive right granted for an invention - a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. A patent provides patent owners with protection for their inventions. (WIPO, 2004). Utility Model: Similar to patents, utility models protect new technical inventions through granting a limited exclusive right to prevent others from commercially exploiting the protected inventions without consents of the right holders. Utility models are sometimes referred to as “short-term patents”, “utility innovations” or “innovation patents”. (World Intellectual Property Organization, 2016). Trade/ Service Mark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. For a trademark to be accepted, it has to must original; distinctive and non-descriptive. Exclusive right over a trademark is valid for 10 years, however it is possible to renew the trademark indefinitely (WIPO, 2004). Industrial Design refers to the ornamental or aesthetic aspects of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or two-dimensional features, such as patterns, lines or color (WIPO, 2004). Geographical Indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local geographical factors, such as climate and soil (World Intellectual Property Organization (WIPO), 2004). Collective marks: A collective trademark, collective trade mark, or collective mark is a trademark owned by an organization (such as an association), used by its members to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization (WIPO, 2004). Certification marks: Certification marks are usually given for compliance with defined standards, but are not confined to any membership. They may be used by anyone who can certify that the products involved meet certain established standards. An important requirement for certification marks is that the entity which applies for registration is considered "competent to certify" the products concerned. (WIPO, 2004). Trade Name: A trade-name is a name which by user and reputation has acquired the property of indicating that a certain trade or occupation is carried on by a particular person. The name may be that of a person, place, or thing, or it may be what is called a “fancy name”. HISTORY OF THE PARIS CONVENTION The Paris Convention was signed in Paris, France, on March 20th, 1883 and the Convention became effective July 7, 1884. The laws brought forth by this Convention are still in force, and they are administered by the World Intellectual Property Organization (WIPO), whose headquarters is located in Geneva, Switzerland (Ricketson, 2015) The Paris Convention, adopted in 1883, applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition. This international agreement was the first major step taken to help creators ensure that their intellectual works were protected in other countries (World Intellectual Property Organization (WIPO), 2004). Prior to the Convention, those wanting protection for inventions in multiple countries needed to file patent applications in all such countries simultaneously, and needed to do so prior to any publication or exhibition of the invention at a trade fair, in order to avoid the unintentional loss of eligibility of patent protection in one or more of the countries. The challenge then facing inventors caused many who had been invited to the Austria-Hungary international exhibition of inventions held in Vienna in 1873 to be unwilling to exhibit their inventions, leading to the enactment of a special Austrian law that secured temporary protection to exhibitors and to the Congress of Vienna for Patent Reform convened that same year (Reiss, n.d). Reiss further adds that the Congress of Vienna led in turn to an International Congress on Industrial Property, convened at Paris in 1878. That congress resolved that an international diplomatic conference tasked with determining the basis of uniform legislation in the field of industrial property should be convened. A draft convention proposing an international “union” for the protection of industrial property was circulated by the French Government together with an invitation to attend the International Conference in Paris in 1880. The 1880 Conference adopted a draft convention containing many of the provisions that underlie the Paris Convention today. That draft convention concluded at a further Diplomatic Conference convened in Paris in 1883. Those approving and signing the original 1883 version of the Paris Convention were Belgium, Brazil, El Salvador, France, Guatemala, Italy, the Netherlands, Portugal, Serbia, Spain and Switzerland. The Convention became effective July 7, 1884, at which time Great Britain, Tunisia and Ecuador were also adherents. By the end of the 19th Century, the Convention had only 19 members. It was not until after World War II that the membership in the Paris Convention increased significantly (Reiss, n.d). Today the Convention boasts of 191 member states, including Uganda that joined in 1965 (WIPO, 2016). The Paris Convention underwent revisions, in Rome in 1886, in Madrid in 1890 and 1891, in Brussels in 1897 and 1900, in Washington in 1911, in The Hague in 1925, in London in 1934, in Lisbon in 1958, and in Stockholm in 1967, and was further amended on September 28, 1979. Many of the revisions are significant, particularly those concerning unfair competition. Most Union members adhere to the latest revision concluded in Stockholm, known as the Stockholm Act (Reiss, n.d). World Intellectual Property Organization (WIPO): WIPO was established in 1967 as the revision at Stockholm was taking place as an international organization dedicated to ensuring that the rights of creators and owners of intellectual property are protected worldwide, and that inventors and authors are therefore recognized and rewarded for their ingenuity. WIPO is the global forum for intellectual property services, policy, information and cooperation. Its mission is to lead the development of a balanced and effective international intellectual property (IP) system that enables innovation and creativity for the benefit of all. As part of the United Nations system of specialized agencies, WIPO serves as a forum for its Member States to establish and harmonize rules and practices for the protection of intellectual property rights. WIPO also services global registration systems for trademarks, industrial designs and appellations of origin, and a global filing system for patents. These systems are under regular review by WIPO’s Member States and other stakeholders to determine how they can be improved to better serve the needs of users and potential users. WIPO is a largely self-financed organization, generating more than 90 percent of its annual budget through its widely used international registration and filing systems, as well as through its publications and arbitration and mediation services. The remaining funds come from contributions by Member States. WIPO is headed by a Director General with Headquarters in Geneva, Switzerland. Countries that are not yet members of the Paris Union but are members of the World Trade Organisation (WTO) are required to comply with the substantive provisions of the convention from the date of their application to the WTO; The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It sets down minimum standards for the regulation by national governments of many forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. Article 2 of the TRIPS Agreement requires WTO members to comply with Articles 1 through 12 and 19 of the Paris Convention. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. NATIONAL INTELLECTUAL PROPERTY LAWS Intellectual property laws and Intellectual Property laws in Uganda include The Industrial Property Act, 2014, The Geographical Indications Act, 2013, The Trade Marks Act, 2010, The Trade Secrets Act, 2009, The Copyright and Neighbouring Rights Act, 2006, The Uganda Registration Services Bureau Act, 2004 among others. SCOPE OF INDUSTRIAL PROPERTY UNDER THE PARIS CONVENTION The scope of items is clearly set out in the Paris Convention for the protection of industrial property in Article 1 (2). The protection of industrial property under the Convention includes patents, utility models, industrial designs, trademarks, service marks, trade names and indications of source or appellations of origin. Article 1 (2) adds that “Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.” (World Intellectual Property Organization, 2016) REASONS FOR THE PARIS CONVENTION ON PROTECTION OF INDUSTRIAL PROPERTY The reasons behind of the Paris Convention were basically two: 1. To avoid the unwanted loss of eligibility for patent protection through publication of patent applications and participation in international exhibitions in advance of filing national patent applications. 2. A desire that the diverse patent laws of nations be harmonized to some degree. Therefore, the Convention was conceived to eliminate the threat of an inventor's work being stolen and used in another country where they would be free of any national patent laws protecting the invention. Inventors from around the world were reluctant to attend world fairs to display their new strides in technology (Reiss, n.d). THE SUBSTANTIVE PROVISIONS OF THE PARIS CONVENTION The provisions of the Paris Convention fall into four broad categories: National Treatment; Right of Priority; Common Rules for patents, marks and unfair competition; and Administrative Framework and final clauses. National Treatment Articles 2 and 3 of the Convention guarantee national treatment. National treatment requires that each member state grants the same quality and quantity of protection to eligible foreigners as it grants to its own nationals in respect to the intellectual property enumerated in the Convention. The national treatment undertaking assures foreigners, both individuals and juristic entities, not only that their patents and marks will be protected in the foreign nation, but also that they will not be disadvantaged compared to nationals in terms of the scope and quality of intellectual property protection that will be accorded them in the foreign nation. An exception to the principle of national treatment is found in Article 2(3), which expressly allows member states to impose conditions relating to judicial or administrative procedure and to jurisdiction, as for example requiring foreigners to designate or appoint an agent for service or to post a bond for litigation, in conjunction with making application for patent or trademark protection. Nationals of non-contracting states are also protected by the Convention if they are domiciled or have a real and effective industrial or commercial establishment in the territory of the contracting state as reflected in Articles 3 of the Convention. This National treatment rule guarantees not only that foreigners will be protected, but also that they will not be discriminated against in any way. Without this, it would frequently be very difficult and sometimes even impossible to obtain adequate protection in foreign countries for inventions, trademarks and other subjects of industrial property. Right of Priority The Right of Priority, sometimes referred to as the “Convention Priority Right, “Paris Convention Priority Right,” or “Union Priority Right,” is found in Article 4. It provides that an applicant eligible for Convention benefits, who files a first regular patent or trademark application in any of the countries of the Union, can then file subsequent applications in other countries of the Union for a defined period of time which subsequent applications will have an effective filing date as of the first filed application. The Convention provides for the Right of Priority in the case of patents (and utility models, where they exist), marks and industrial designs. This right means that on the basis of a regular first application filed in one of the contracting states, the applicant may, within a certain period of time (12 months for patents and utility models; 6 months for industrial designs and trademarks), apply for protection in any of the other contracting states. The later applications will then be regarded as if they had been filed on the same day as the first application. In other words, the later applications will have right of priority over applications which may have been filed during the said period of time by other persons for the same invention, utility model, mark or industrial design. One of the great advantages of this provision is that when an applicant desires protection in several countries, he is not required to present all his applications at the same time but has six or twelve months at his disposal to decide in which countries he wishes protection and to organize with due care the steps he must take to secure protection. This Convention priority right allows the applicant desiring protection in several countries of the Union the advantage and convenience of not having to file multiple applications simultaneously in all Union countries in which protection is desired without risking that others, particularly imitators in the case of marks, will file on the same or similar invention or mark between the time a first application is filed and a subsequent application is made in a Union country during the priority period, and also without risking loss of novelty due to publication or some other act capable of defeating novelty that may occur in this interim. Common Rules: Patents The Principle of Independence of Patents: Article 4bis (1) states that patents applied for in the various countries of the Union by nationals of countries of the Union must be independent of patents obtained for the same invention in other countries, whether members of the Union or not. This principle means that a patent application in one country of the Union is examined and granted or denied independent of applications for patents for the same or related inventions filed in other countries within and without the Union. Also, according to Article 4bis (5), patent terms are measured in accordance with the applicable national law without regard to (not shortened by) a priority claim. Mention of the Inventor in the Patent: In the broadest sense, Article 4ter states that the inventor has the right to be mentioned as such in the patent. Patentability not effected by restrictions on the product: Article 4quarter provides that a patent shall not be refused or invalidated because the product patented or obtained by means of a patented process is subject to restrictions on its sale or importation under the domestic law. Importation of patented products or products made from patented processes: Article 5A(1) provides that importation into a member country of products for which a patent has been granted in that country manufactured in another member country cannot result in forfeiture of patent rights in the country of importation. Article 5quarter provides that with respect to products imported into a member country manufactured by a process patented in the country of importation, the patentee will have all the rights with respect to the imported product that would normally be accorded the patentee with respect to products manufactured in that country. This latter provision protects the patentee of a process from importation into the country of finished products manufactured by the patented process outside the country of importation, but only where the domestic patent laws of the country of importation extend the patent right to products manufactured by patented processes. Failure to Work and Compulsory Licenses: Article 5A (2) through (4) allows countries to enact protectionist legislative measures granting compulsory licenses in order to prevent abuses that might result from the exclusive rights conferred by a patent for invention, namely the failure to work or to work sufficiently the patented invention within the member country, but the failure to work an invention cannot result in forfeiture of the patent except in cases where the grant of a compulsory license would not have been sufficient to prevent the abuse, and then only pursuant to a proceeding instituted no sooner than two years following the grant of the first compulsory license. Compulsory licenses must be non-exclusive, and cannot be granted before the later of four years from the date of filing of the patent application or three years from the grant of the patent. Compulsory licenses may also be granted in special cases, without alleged abuse on the part of the patent owner, where the patent affects a vital public interest, for example, in the fields of defense or public health. Grace Period for Maintenance Fees: Article 5bis guarantees those holding patents in member states a grace period of at least six months to pay prescribed maintenance fees, and allows member states to provide for the restoration of patents that have lapsed by reason of non-payment of maintenance fees. Patents in International Traffic: According to Article 5ter, patented devices on board ships, aircraft or land vehicles of other member countries that enter temporarily or accidentally within the territory of another member country need not obtain the approval or license from the patent owner by virtue of the temporary or accidental intrusion. Inventions Shown and Marks Exhibited at International Exhibitions: According to Article 11 of the Convention, member countries are obliged to grant temporary protection, in the form of a right of priority or other assurance against the destruction of novelty, to inventions, models, designs and marks in respect of goods exhibited at “official” or “officially recognized” international exhibitions held in the territory of a member country. COMMON RULES: TRADEMARKS Some of the Convention provisions providing substantive rules protecting marks and their proprietors include the following: Cancellation for Non-Use: Article 5C (1) allows countries to enact protectionist legislation for the cancellation of marks registered but not used within the member country, but only after a reasonable period has elapsed, and then only if the owner fails to justify the non-use. What constitutes a reasonable period is left to domestic law. Use in a Form Different from the Form Registered: Article 5C(2) protects the use of a mark in a form different from the form in which it has been registered, as long as the distinctive character of the mark is not thereby altered. Concurrent Use: Article 5C(3) allows for the concurrent use of the same mark by two or more establishments that are co-proprietors, as long as such use does not mislead the public and is not otherwise contrary to public interest. Grace Period for Renewal Fees: Article 5bis obliges the nations of the Union to grant trademark registrants a grace period of at least six months for the payment of renewal fees. Independence of Trademarks: As in the case of patents, and flowing from the principle of national treatment, Article 6 of the Convention provides that marks registered in the various countries of the Union shall be regarded as independent of one another, including of the country of origin; and that the registration of marks may not be refused, nor invalidated, on the ground that the registration or renewal of the same or related mark has not been effected in the country of origin. Protection of Trademarks Registered in the Country of Origin: Article 6quinqies sets forth an important exception to the principle of the independence of marks embodied in Article 6. According to Article 6quiquies, marks duly registered (not simply applied for) in the country of origin (being a member country in which the registrant has a real and effective industrial or commercial establishment, is domiciled or is a national) must be accepted for filing and protected telle quelle (as is) in the other countries of the Union, subject to enumerated reservations that justify a refusal to register, to wit, that the mark would infringe acquired rights of third parties, is devoid of distinctive character, is contrary to morality or public order, or is of a nature to be liable to deceive the public, and also subject to provisions in Article 10bis concerning unfair competition. Once registered pursuant to this provision, the renewal of such marks is not dependent upon renewal of the registration in the country of origin. Protection for Unregistered Well-Known Marks: Another notable provision concerning marks, found in Article 6bis, protects unregistered marks that qualify as “well-known” in a member nation. Union nations are obliged to refuse to register, or to cancel if already registered, and prohibit the use within their territory, of marks liable to create confusion with another trademark already well-known in that country for identical or similar goods. Because the well-known mark has already acquired goodwill in the subject country, allowing the registration or use of a confusingly similar mark constitutes an act of unfair competition and misleads the public. Whether a mark is well-known is determined by the applicable domestic law, although a trademark need not have been used in the country to be well-known there. Marks that have been registered for a period of five years or more in Union member countries may not be cancelled under the provisions of Article 6bis notwithstanding that they may conflict with an unregistered well-known mark. State Emblems, Official Hallmarks and Emblems of International Organizations: Article 6ter oblige member states to refuse to register, and to cancel and prohibit the use within their territory, of marks that comprise enumerated distinctive signs, such as flags, emblems, hallmarks and the like, of the member countries and certain international organizations. The countries of the Union agreed to communicate reciprocally, through the intermediary of the International Bureau, the list of State emblems, and official signs and hallmarks indicating control and warranty, which they desire, or may hereafter desire, to place wholly or within certain limits under the protection of this Article, and all subsequent modifications of such list. Each country of the Union shall in due course make available to the public the lists so communicated. Nevertheless such communication is not obligatory in respect of flags of States Assignment of Trademarks: Article 6quarter provides that in the case of member countries whose laws require for a valid assignment the concurrent transfer of the business or goodwill to which the mark belongs, it is sufficient that the business or goodwill located within the member country be transferred, but the member country is not obliged to recognize an assignment of a nature as to mislead the public. Service Marks: Article 6sexies was introduced into the Convention in 1958 to deal with service marks, allowing but not requiring member countries to undertake to protect service marks. Registration of Marks in the Name of the Agent: Article 6septies protects against an agent’s unauthorized registration of a mark in its own name rather than in the name of the mark’s proprietor, by conferring upon the proprietor the right to oppose the registration or demand its cancellation or assignment in the proprietor’s favor. Nature of Goods not an Obstacle to Registration: Article 7 of the Convention provides that “the nature of the goods to which a trademark is to be applied shall in no case form an obstacle to the registration of the mark.” Registration of marks should occur independent of whether the goods in relation to which the mark will be used may be imported or sold within the member nation. Collective Marks: Article 7bis obliges member nations to accept for filing and protect collective marks belonging to “associations” as long as the existence of the association is not contrary to the laws of the country of origin, and even if the association is not constituted or recognized in the member country in which protection for the collective mark is sought. Industrial Designs: Article 5quinquies provides only that “industrial designs shall be protected in all countries of the Union.” Because the Convention fails to set out what form such protection might take, member countries may choose to satisfy this obligation through industrial design specific legislation, copyright laws, or laws protecting against unfair competition. Trade Names: Article 8 obligates members of the Union to protect trade names without the obligation of filing or registration, irrespective of whether the trade name forms a part of a trademark. No further details are offered. While member countries cannot condition trade name protection on filing or registration, they may satisfy their undertaking to protect trade names either through trade name specific legislation, or more generally, through unfair competition laws. Appellations of Origin and Indications of Source: The protection of geographical indications, including appellations of origin and indications of source, are among the objects enumerated in the Paris Convention, Article 1(2). Article 10 protects against any direct or indirect use of a false indication of source or identity of the producer, manufacturer or merchant, and Article 10bis, protects also against any act of unfair competition through the use of an indication. Remedies, if available under domestic law, include those referenced in Article 9 concerning the seizing of goods bearing false indications and the prohibition on the importation of such goods. Article 10(2) empowers interested natural persons and legal entities to prosecute actions within the affected nation, while Article 10ter requires member countries to allow interested federations and trade associations to take actions with a view to the repression of such acts. Common Rules Concerning Unfair Competition The Convention provisions specific to unfair competition include;Unfair Competition: Each contracting state must provide for effective protection against unfair competition. Article 10ter of the Convention obligates members of the Union “to undertake to assure to nationals of the other countries of the Union appropriate legal remedies effectively to repress all the acts of unfair competition referred to in Articles 9, 10, and 10bis.” The provision fails to explain what might constitute “appropriate legal measures” and leaves the details and standard for these measures to each country to decide. Unfair Competition under Article 10bis: Article 10bis, like Article 10ter, obligates “countries of the Union to assure nationals of such countries effective protection against unfair competition.” Article 10bis offers in the manner of a minimum standard the definition that unfair competition constitutes “any act of competition contrary to the honest practices in industrial or commercial matters.” Administrative Framework Provisions Special National Industrial Property Services: Article 12 of the Convention obligates member states to establish a special industrial property service and a central office for the communication to the public of patents, utility models, industrial designs, and trademarks. An official periodical journal must be by the central office. The journal must contain the names of the proprietors of patents granted, with a brief description of the patented inventions and the reproductions of every registered mark. Assembly of the Union: The Union Assembly consists of those countries of the Union which are bound by Articles 13 to 17. The Government of each member country is represented by one delegate, who may be assisted by alternate delegates, advisors, and experts and the expenses of each delegation are borne by the Government which has appointed it. The Assembly deals with all matters concerning the maintenance and development of the Union and the implementation of this Convention; gives directions concerning the preparation for conferences; reviews and approves the reports and activities of the Director General of WIPO, and gives him all necessary instructions concerning matters within the competence of the Union; elects the members of the Executive Committee of the Assembly; reviews and approves the reports and activities of its Executive Committee, and give instructions to such Committee; determines the program and adopts the biennial budget of the Union, and approve its final accounts; adopts the financial regulations of the Union; establishes such committees of experts and working groups as it deems appropriate to achieve the objectives of the Union; among other function as stipulated in Article 13 of the Convention. Executive Committee: The Assembly has an Executive Committee consists of countries elected by the Assembly from among member States of the Assembly. Furthermore, the country on whose territory the organization has its headquarters (i.e. Switzerland) has an ex officio seat on the Committee as per Article 16(7) (b). The Government of each country member of the Executive Committee is represented by one delegate, who may be assisted by alternate delegates, advisors, and experts. The number of country members of the Executive Committee must correspond to one–fourth of the number of countries members of the Assembly. According to Article 14 of the Convention, the Executive Committee is tasked to: prepare the draft agenda of the Assembly; submit proposals to the Assembly in respect of the draft program and biennial budget of the Union prepared by the Director General; submit, with appropriate comments, to the Assembly the periodical reports of the Director General and the yearly audit reports on the accounts; take all necessary measures to ensure the execution of the program of the Union by the Director General, in accordance with the decisions of the Assembly and having regard to circumstances arising between two ordinary sessions of the Assembly; perform such other functions as are allocated to it under this Convention. International Bureau: According to Article 15 of the Convention, administrative tasks concerning the Union are performed by the International Bureau. In particular, the International Bureau provides the secretariat of the various organs of the Union. The International Bureau assembles and publishes information concerning the protection of industrial property. Each country of the Union promptly communicates to the International Bureau all new laws and official texts concerning the protection of industrial property. Finances: The Union has a budget includes the income and expenses proper to the Union, its contribution to the budget of expenses common to the Unions, and the sum made available to the budget of the Conference of the Organization. The budget of the Union is financed from the several sources such as: contributions of the countries of the Union; fees and charges due for services rendered by the International Bureau in relation to the Union; sale of, or royalties on, the publications of the International Bureau concerning the Union; gifts, bequests, and subventions; rents, interests, and other miscellaneous income. For the purpose of establishing its contribution towards the budget, each country of the Union belongs to a class and pays its annual contributions on the basis of a number of units fixed as reflected in Article 16 of the Paris Convention. Special Agreements: Article 19 of the Convention specifically permits member countries to conclude separate agreements among themselves for the protection of industrial property as long as these separate agreements do not include provisions that contravene those of the Paris Convention. Disputes management: Article 28 provides that disputes not otherwise settled may be brought before the International Court of Justice, but parties adhering to the Convention may, at the time of accession, opt out of this provision. Accession to the Convention by Countries outside the Union; Entry into Force: Article 21 states that any country outside the Union may accede/agree to this Act and thereby become a member of the Union and that instruments of accession must be deposited with the Director General of WIPO. Accession to the Convention automatically entails acceptance of all the clauses in the Convention, as well as admission to all the advantages thereof, as is indicated in Article 22. Besides, any member country may denounce the Convention by addressing a notification to the Director General of WIPO as per Article 26 of the Convention. In that case, the denunciation takes effect one year after the day on which the Director General receives the notification to that effect. It is provided, however, that the right of denunciation may not be exercised by any country before the expiration of five years from the date on which it became a member of the Union. Criticisms of the Paris Convention POSITIVE The National Treatment Aspect: The Convention guarantees protection of industrial property to foreigners both individuals and juristic entities, who would wish to have their patents and marks in the foreign nation. This is achieved by demanding each contracting State to grant the same protection to nationals of other contracting States that it grants to its own nationals. National Treatment and protection extended to Nationals of non-Contracting States: The nationals of non-contracting States are also entitled to national treatment under the Paris Convention if they are domiciled or have a real and effective industrial or commercial establishment in a Contracting State. The Priority of Right is another positive of the Convention: The priority right is important, in the context of both patents and trademark applications, in that all applications filed within the priority right period will have priority over any intervening application for the same or closely similar invention or mark that may have been filed in that country by some third party. For instance, if a national of a Paris Convention nation files a first trademark application in country X, and nine months later files a second application for the same mark in country Y, but meanwhile some five months after the first application a second applicant files an application for the same or very similar mark for the same or similar goods in country Y, the first applicant will have priority over the second applicant in country Y because the application in country by the first applicant, although second in time in that country, will be treated as if filed at the time of that applicant’s first application in country X. Preservation of novel idea: Besides, the priority right is vital in the context of patent applications because it preserves the novelty of the invention within the countries of the Union notwithstanding any publication, exhibition or other act capable of destroying novelty of the invention during the priority period. The Paris Convention priority right allows the applicant desiring protection is several countries of the Union the advantage and convenience of not having to file multiple applications simultaneously in all Union countries in which protection is desired without risking that others, particularly imitators in the case of marks, will file on the same or similar invention or mark between the time a first application is filed and a subsequent application is made in a Union country during the priority period, and also without risking loss of novelty due to publication or some other act capable of defeating novelty that may occur in this interim. Grace periods to make payments: It guarantees those holding patents in member states a grace period of at least six months to pay prescribed maintenance fees, and allows member states to provide for the restoration of patents that have lapsed by reason of non-payment of maintenance fees. Nationals of non-Contracting States: Provision protects the patentee of a process from importation into the country of finished products manufactured by the patented process outside the country of importation, but only where the domestic patent laws of the country of importation extend the patent right to products manufactured by patented processes. Formation of other agreements: Article 19 of the Convention specifically permits member countries to conclude separate agreements among themselves for the protection of industrial property as long as these separate agreements do not include provisions that contravene those of the Paris Convention. Conflict Resolution: Provides for disputes not settled be brought before the International Court of Justice, but parties adhering to the Convention may, at the time of accession, opt out of this provision. Establishment of Competent Authority at National level: Article 12 of the Convention obligates member states to establish a special industrial property central office for the communication to the public of patents, utility models, industrial designs, and trademarks. In Uganda, the Uganda Registration Services Bureau (URSB) is in charge of industrial property administration as the central service office. Publication of journal: An official periodical journal published by the central office such as URSB helps inventors to be recognized alongside their inventions as the journal contains particulars of the proprietors of patents granted. Governance and Administration: The Union business can easily be executed with the existence of the governance and Administrative organs of the Union in form of Executive Committee and the International Bureau. Ease of Entry into the Convention: The Convention is open to all States. Instruments of ratification or accession must be deposited with the Director General of WIPO. Non-contracting states can easily join and those wishing to withdrawal can as well do following the Convention guidelines. CHALLENGES OF IMPLEMENTATION AND AREAS THAT NEED REVISION Challenges The principle of national treatment does not assure any minimum level of substantive rights and members of the Paris Union need only extend foreigners the quality and quantity of intellectual property protection the member nation extends to its own citizens, and only with respect to those types of intellectual property in regard to which protection is assured under the Convention. An applicant is not permitted to elongate the priority period, but rather is obliged to file all applications for the same or related inventions and marks in the Union member countries within the applicable priority period in order to obtain the benefits of the Convention priority right. Generalization is another observation as most of the articles are too general and may not be practical in real application such as article 4 of the convention. Piracy: (a) Piracy is the demonstration of illicitly replicating somebody's item or creation without authorization. (b) Piracy refers the unapproved utilization of another's generation, innovation, or origination particularly in encroachment of a copyright. Piracy is the significant risk for ensuring intellectual property. Books, music, programming, recordings are incomprehensibly pilfered in Most African countries. The Cost for Intellectual Property & Patents: In many jurisdictions, the IPR holder must bear the cost of upholding rights. This will more often than not include connecting with lawful representation, managerial and/or court costs. These expenses including time ought to be contemplated while assessing the advantages of upholding the rights. The Tendency to make Profits: Some untrustworthy specialists duplicating or privateer the items without authorization of creator or designer for making benefits. This inclination denies the first associations or innovators from the real benefits which they could acquire. Internet Challenges: Some product, observing devices, treats, internet bugs are accustomed to checking and examining one's PC and catch, grabbing data from the PC by utilizing the internet. That improves robbery or replicating one's intellectual property. Immorality: Immoral people distribute other's development or work as their own advancement or work. This issue is for the most part happening in writing and logical advancements like as new theory or formula. The Tendency to make Profits: Some untrustworthy specialists duplicating or privateer the items without authorization of creator or designer for making benefits. This inclination denies the first associations or innovators from the real benefits which they could acquire. Other than these issues the Intellectual Property laws in countries especially in Africa are not rich and solid. The current laws are not actualized legitimately. So the Intellectual Property Rights are broken numerous ways. Presently, Copying turns into a typical business in member states. Areas that need Improvement Cancellation for Non-Use: Article 5C(1) allows countries to enact protectionist legislation for the cancellation of marks registered but not used within the member country, but only after a reasonable period has elapsed, and then only if the owner fails to justify the non-use. What constitutes a reasonable period is left to domestic law. The protection for unregistered well-known marks under the Paris Convention is limited to marks used on the same or similar goods. Article 6 protects against an agent’s unauthorized registration of a mark in its own name rather than in the name of the mark’s proprietor, by conferring upon the proprietor the right to oppose the registration or demand its cancellation or assignment in the proprietor’s favor. The provision fails to explain what might constitute “appropriate legal measures” and leaves the details and standard for these measures to each country to decide. This is in regard to unfair competition in Articles 9, 10, and 10bis. Conclusion The Paris Convention adopted is a significant step in the direction of the protection of industrial property at the international level. The Convention was aimed at eliminating the threat of an inventor's work being stolen and used in another country where they would be free of any national patent laws protecting the invention. Today, inventors are guaranteed protection for their inventions world over through the various provisions regarding national treatment, priority of right and common rules. The majority of African States did not have any IP policy, as issues pertaining to IP were a privilege of the colonial master, but today, most countries on the African continent now have National Intellectual property laws in place. The intellectual property is embroiled with individual's enthusiasm and also a nation's monetary, social and verifiable interests. In Uganda and other African countries, the laws of intellectual property rights are not having any significant bearing and comply appropriately. Along these lines, the theft rate is high in Uganda and other African countries. The administration of Uganda and other African countries is focused on the security and so far as that is concerned to the requirement of the privileges of IP holders. With this end, it has embraced a few measures to reinforce the IP framework in Uganda and other African countries. From one viewpoint, it has taken measures to fortify the IP Office; on the other, it has practically finished upgrading the current IP administering. Chip away at encircling IP laws on utility model and land signs have been embraced. In any activity to ensure and uphold the privileges of IP holders, the significance of open mindfulness and preparing of the authorities of the concerned division can scarcely be misrepresented. The inclination of IP rights changes distinction cases at the same time, the advantages of IP rights are much and the security of intellectual property is a central right of a man. In this way, we ought to comply with the intellectual property rights and make them more enforceable. African governments ought to make appropriate strides for authorizing IP laws at any circumstance. REFERENCES Reiss, S. M. (n.d). Commentary on the Paris Convention for the protection of industrial property. Retrieved March 16th, 2018, from http://www.lex-ip.com/Paris.pdf Ricketson, S. (2015). The Paris Convention for the Protection of Industrial Property: A Commentary. Oxford University Press. WIPO. (2016). Member States. Retrieved March 16th, 2018, from The World Intellectual property Organization: http://www.wipo.int/members/en/#21 WIPO. (n.d.). Paris Convention for the Protection of Industrial Property, 1883. World Intellectual Property Organization (WIPO). (2004). WIPO Intellectual Property Handbook (4th ed.). Retrieved March 19th, 2018, from http://apps.who.int/medicinedocs/documents/s21421en/s21421en.pdf World Intellectual Property Organization. (2016). Understanding Industrial Property (2nd ed.). Retrieved March 16th, http://www.wipo.int/edocs/pubdocs/en/wipo_pub_895_2016.pdf 2018, from