The Status of the Paris Convention for the Protection of Industrial Property in the Legal Order of the European Union

Abstract

The author considers the determination of the status of the Paris Convention for the Protection of Industrial Property in the legal order of the European Union. This Convention was concluded before the establishment of the European Communities, but its importance for the internal market is high. However, the Union is not bound by it directly, but only by some of its provisions through the TRIPS Agreement. However, its status may also not depend on the TRIPS Agreement, but on the direct links that the Union establishes with third countries through secondary legislation and international agreements. At the same time, all this means that the Paris Convention cannot, except in exceptional circumstances, be directly invoked before the courts of the Union and the Member States. Its role is greater when interpreting EU rules.