European Union
Japan
Trademarks
1. On what basis does Japanese law allow for a period of grace of not less than six months for the payment of fees prescribed for the maintenance of trademark rights in accordance with Article 5bis of the Paris Convention (1967) in conjunction with Article 2.1 of the TRIPS Agreement?
Article 5bis(1) of the Paris Convention provides a grace period for the payment of fees for the maintenance of industrial property rights. It is understood that these provisions do not apply to the payment of fees for initial registration or registration for renewal (see "Guide to the Application of the Paris Convention" by Professor G. H. C. Bodenhausen). Under the Japanese Trademark Law, trademark rights are granted for a period of ten years if the prescribed fees for the registration have been paid in a lump sum at the time of initial registration or registration for renewal and fees for maintaining trademark rights are not provided for. Therefore, a grace period under Article 5bis(1) of the Paris Convention is not provided for by the Law.