Estados Unidos de América

Francia

Marcas de fábrica o de comercio

2. Article L 712-1 of the French Intellectual Property Code provides a ten year term for trademarks beginning on the filing date of the application, rather than from the date the registration is granted. Please explain how this provision complies with the obligation of TRIPS Article 18 that WTO Members provide a term of protection of not less than seven years for registered trademarks.

Article 18 of the TRIPS Agreement does not stipulate that the term of protection should begin on registration. It imposes a minimum term of protection of seven years. In France, trademark law is applicable as from the filing date (Article L 712-1, Intellectual Property Code). The term of protection of ten years from the filing date is therefore in conformity with Article 18.