PRIORITY RIGHT Meaning and
Definition
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Priority right refers to a legal concept in intellectual property law that grants an inventor or creator the right to claim priority for their invention or creation in subsequent applications filed in other countries. When an individual files an initial application for a patent, trademark, or design in one country, the submission establishes a priority date. This date becomes crucial in determining the protection granted to the invention or creation in other countries.
The priority right allows the applicant to assert their priority date when filing applications in other countries within a specified time period. By doing so, they can secure the same level of protection as if the application had been filed in the other country on the same priority date. This principle is particularly crucial in the context of patent law, where competition can be fierce and the first inventor to file an application is generally granted rights over subsequent inventors.
The priority right is governed by international treaties and agreements, such as the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). These agreements aim to harmonize procedures and standards across different jurisdictions, making it easier for inventors and creators to protect their intellectual property globally.
Overall, priority right serves as a mechanism to ensure fairness and encourage innovation by enabling inventors and creators to secure timely protection for their intellectual property both domestically and internationally.
Etymology of PRIORITY RIGHT
The etymology of the word "priority" can be traced back to the Latin word "prioritas", which means "preference" or "precedence". It is derived from the Latin word "prior", meaning "previous" or "earlier".
The term "priority right" specifically refers to the legal concept of granting an inventor the right to have their invention considered as prior art in patent applications in other countries. This concept originated from the Paris Convention for the Protection of Industrial Property, which was signed in 1883. The term "priority right" itself is a translation from the French "droit de priorité", which was introduced by the Convention.
