一、The Paris Convention for the Protection of Industrial Property applies to industrial property in the widest sense, such as patents, utility models, and industrial designs. Under this Convention, there are certain provisions relating to the national treatment rule. Please elaborate, in about 250 words, on this rule which has guaranteed the right to national treatment in each of the countries to which the Convention applies.（30 分）
Tentative Answer (score aim at 70%):
The Paris Convention was adopted in 1883 and has been amended serveral times since then. The Convention’s national treatment rule is one of its basic but most important provisions. The rule stipulates that each Contracting Nation must treat all nationals from the Convention's member states as equal when granting intellectual property protection such as trademarks, copyrights and patents. Basically it serves to prevent discriminations from one country's government to other country's nationals. The same rule is then intergrated in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO). In fact, this rule, joined later by the most-favoured-nation (MFN) rule, constitue two building blocks of all international treaties on intellectual property rights.
The national treatment rule not only ensures that foreign nationals are not discriminated against in the protection of their industrial property rights, it also helps to creat a level of playing field for all business regardless of their country of origin. For exemple, when an applicant files an application for a patent or a trademark in a foreign country of the Convention, the application receives the same treatment as if it came from a national of that foreign country. Furthermore, if the intellectual property right is granted (e.g. if the applicant becomes owners of a patent or of a registered trademark), the owner benefits from the same protections and the same legal remedy against any infringement as if the owner was a national owner of this right provided that the conditions and formalities imposed upon that national are complied with.
Tentative Answer (score aim at 70%):
The Paris Convention was adopted in 1883 and has been amended serveral times since then. The Convention’s national treatment rule is one of its basic but most important provisions. The rule stipulates that each Contracting Nation must treat all nationals from the Convention's member states as equal when granting intellectual property protection such as trademarks, copyrights and patents. Basically it serves to prevent discriminations from one country's government to other country's nationals. The same rule is then intergrated in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO). In fact, this rule, joined later by the most-favoured-nation (MFN) rule, constitue two building blocks of all international treaties on intellectual property rights.
The national treatment rule not only ensures that foreign nationals are not discriminated against in the protection of their industrial property rights, it also helps to creat a level of playing field for all business regardless of their country of origin. For exemple, when an applicant files an application for a patent or a trademark in a foreign country of the Convention, the application receives the same treatment as if it came from a national of that foreign country. Furthermore, if the intellectual property right is granted (e.g. if the applicant becomes owners of a patent or of a registered trademark), the owner benefits from the same protections and the same legal remedy against any infringement as if the owner was a national owner of this right provided that the conditions and formalities imposed upon that national are complied with.