Signs Of The Times

The first electronic publication of signs protected under Article 6 ter of the Paris Convention for the Protection of Industrial Property went live on March 31 on WIPO's website.* Signs - emblems, flags and armorial bearings - of States party to the Paris Convention and signs, names and abbreviations belonging to international inter- governmental organizations - all protected under Article 6 ter - are now no longer being communicated individually and on paper but by means of grouped, biannual electronic publication in the “6ter Express” database.

Unlike trademarks, which have a commercial purpose and are owned by individual persons, companies and entities, State signs or the signs, names and abbreviations of international intergovernmental organizations cannot be the subject of individual property rights. The use of “World Health Organization” or “WHO” as a trademark, for example, would be highly misleading as to the origin or endorsement of any goods or services to which it was affixed. Article 6ter, therefore, prohibits the registration or use of such signs, names and abbreviations as trademarks. The provision also covers official signs and hallmarks indicating control and warranty, adopted by States.

The intention of Article 6 ter is not to create a special form of intellectual property right for States and international intergovernmental organizations, but to prevent the signs, names and abbreviations associated with them from being used or appropriated as trademarks without proper authorization. The provision was first introduced into the Paris Convention in 1925 - then further extended and interpreted in 1958 and 1992 - and is binding on all 173 States party to the Convention and on all 153 members of the World Trade Organization (WTO) bound by the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement).

Communication under the provision

With the exception of State flags, the protection of signs under Article 6ter is subject to reciprocal...