PARIS AGREEMENTS FOR INDUSTRIAL PROPERTY PROTECTION

EXPLANATION

This is an International Agreement duly approved by Colombia through Act 178 dated August 30, 1995 and ratified by sentence No. 2 dated January 18, 1996 from the Constitutional Court, which started to be effective in Colombia on September 3, 1996.

PRIORITY RIGHT FOR A UNIONIST TREATMENT

It consists of granting a Priority Right upon the person filing the invention patent, utility model, drawing or Trade Mark industrial model in any of the countries of the union, within twelve (12) months to file the application for invention patents and utility models; and six (6) months to file the application for drawings or industrial models and fro factory or trade marks.

The Paris Agreement does not grant Industrial Property rights, then it is required to register the marks, patents, etc in Colombia to render it legally protected.

The Paris Agreement grants the right to procure the mark as is, being aware that all and any mark usually registered in the country of origin will be by its deposit and duly protected as applicable in all remaining countries of the union, without being refused for their registry or made invalid unless under special circumstances.

In order to being benefited by the provisions in the article herein above, the mark is to be registered in the country of origin.

It further grants the right to request the registry cancellation, and prohibition of the use of any if it implies the reproduction, imitation, or translation, prone to lead to a misunderstanding or confusion of any mark, which the authorities of the country of registry or the use thereof deems that in said country such mark is very well known and used for identical or similar products.

It further grants the right to request the seizure of a product imported into any country of the union illegally bearing a factory/trade mark.

It further grants the right to file legal actions intended to refrain the disloyal competition.

Germany, Argelia, Argentina, Australia, Austria, Bahamas, Bangladesh, Barbados, Belgium, Benin, Brazil, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Democratic Republic of Congo, Cote d'Ivoire, Cuba , Chad, Czechoslovak, China, Costa Rica; Cyprus, Denmark, Egypt, Spain, United States of America, Philippines, Finland, France, Gabón, Ghana, Greece, Ginea, Guinea-Bissau, Haití, Hungary, Indonesia, Irán, Iraq, Ireland, Iceland, Israel, Italy, Japan, Jordan, Kenya, Lesoto, Lebanon, Libya, Liechtestein, Luxembourg, Madagasar, Malaysia, Malawi, Mali, Malta, Morocco, Mauricio, Mauritania, Mexico, Monaco, Mongolia, Niger, Nigeria, Norway, New Zealand, Paises Bajos, Poland, Portugal, United Kingdom, Central Africa, Korea, Dominican Repúblic, República Popular Democrática de Corea, República Unida de Tanzania, Romania, Rwanda, San Marino, Santa Sede, Senegal, Siria, Sri Lanka, South Africa, Sudán, Sweden, Switzerland, Suriname, Swazilandia, Togo, Trinidad y Tobago, Túnez, Turkey, Ugunda, Unión Soviética, Uruguay, Vietnam, Yugoslavia, Zaire, Zambia y Zimbabwe.

INTERAMERICAN GENERAL AGREEMENT OF REGISTERED AND TRADE MARKS, WASHINGTON 1929

EXPLANATION

This is an international agreement duly approved by Colombia by Act 59, 1936 and ratified on July 22, 1936.

The following are the countries members of the Washington Convention: Colombia, Cuba, El Salvador, United States, Guatemala, Haiti, Nicaragua, Panama, Paraguay and Peru.

It further treats the member countries as interamerican countries, or mark registry as it is, understanding that any duly registered or legally protected mark in one of the contracting states will be admitted for registry or deposit and legally protected in all other contracting countries, with the compliance with the formal requirements as set forth by the national law of said states.

PRIORITY RIGHTS

Washington Convention does not have rules enacting the Priority right.

Following the Washington Convention the proprietor of any mark in the United States wishing to become a mark proprietor in Colombia, must have his registry in Colombia through the accomplishment with the formal requirements as set forth in the Colombian laws.

RIGHTS CONFERRED BY THE WASHINGTON CONVENTION

Registry of mark as it is, as provided in the Convention of the Paris union.

The right to prevent the usage or being opposed to the registry request by any third party.

The right to request the cancellation of a mark registry if the mark proprietor in any of the contracting countries is not allowed to make the registry in Colombia, on the grounds that there exists a previous registry of the mark.

The right to request the cancellation of a registry of mark. If the mark proprietor in one of the contracting states, intending to register the mark in Colombia, it finds an obstacle registry, it may make the cancellation.

The right to have the registry request or registry by an agent (grantee) representative or client of the mark proprietor of one of the contracting states denied or cancelled, being the proprietor of a mark in one of the contracting states, in such a case the right to have the date of application in Colombia backed to the date appearing on the denied application, or on the cancelled mark, which means that a backwards protection is assured to the mark procured in Colombia, in this particular case.

The Convention of Washington does not grant any Industrial Property rights, then it is necessary to register the marks, patents, etc in Colombia to assure the full legal protection.