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Convention between Canada and Pakistan concerning the Priority of Filing Dates of Patents of Invention [1958] CATSer 4 (16 April 1958)

E101805 - CTS 1958 No. 6

CONVENTION BETWEEN CANADA AND PAKISTAN CONCERNING THE PRIORITY OF FILING DATES OF PATENTS OF INVENTION

The Government of Canada and the Government of Pakistan desiring to protect the priority of patents of invention on a reciprocal basis have agreed as follows:

ARTICLE I

The Government of Canada shall grant to citizens of Pakistan, and to bodies incorporated or registered in Pakistan under any law in force in Pakistan relating to the registration or incorporation of companies or corporations, the benefits of Section 29 of the Patent Act, chap. 203 of the Revised Statutes of Canada, 1952, whereby an application for a patent for an invention filed in Canada by any of these persons or corporations who has or whose agent or legal representative has previously regularly filed an application for patent for the same invention in Pakistan shall have the same force and effect as the same application would have if filed in Canada on the date on which the application for patent for the same invention was first filed in Pakistan, provided the application in Canada is filed within twelve months from the earliest date on which such application was filed in Pakistan.

ARTICLE II

The Government of Pakistan shall grant to citizens of Canada, and to bodies incorporated or registered in Canada under any law in force in Canada relating to the registration or incorporation of companies or corporations, the benefits of Section 78A of the Patents and Designs Act, 1911, whereby an application for a patent for an invention filed in Pakistan by any of these persons or corporations who has or whose agent or legal representative has previously regularly filed an application for patent for the same invention in Canada shall have the same force and effect as the same application would have if filed in Pakistan on the date on which the application for a patent for the same invention was first filed in Canada, provided the application in Pakistan is filed within twelve months from the earliest date on which such application was filed in Canada.

ARTICLE III

The implementation of these reciprocal arrangements shall be governed by the procedural and other applicable provisions of the legislation referred to in Articles I and II above.

ARTICLE IV

This Convention shall come into force three months after signature, at which time the appropriate notifications concerning these arrangements shall have been published respectively in the Canada Gazette and the Gazette of Pakistan, and shall be applicable to applications first filed in Pakistan (and claiming a Canadian Priority date) and to applications first filed in Canada (and claiming a Pakistan Priority date) on or after the date on which the Convention shall come into force.

ARTICLE V

This Convention shall remain in force for a period of one year and thereafter shall continue in force until three months after the date of a notice of intention to withdraw by either Government.

IN WITNESS WHEREOF the undersigned, duly authorized by their respective Governments, have signed the present Convention and have affixed thereto their seals.

DONE in duplicate in Karachi, the 15th day of January 1958.

H. O. Moran

FOR THE GOVERNMENT OF CANADA

M. Khurshed

FOR THE GOVERNMENT OF PAKISTAN