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Pacific Islands Treaty Series |
PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY
(Stockholm, July 14, 1967)
ENTRY INTO FORCE : 26 APRIL OR 19 MAY, 1970
Depositary : Government of Sweden
Note
:
Paris Convention for the Protection of Industrial Property of March 20, 1883, as
revised at Brussels on December 14, 1900, at Washington
on June 2, 1911, at The
Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31,
1958, and at Stockholm on
July 14, 1967
(1)
The countries to which this Convention applies constitute a Union for the
protection of industrial
property.
(2)
The protection of industrial property has as its object patents, utility models,
industrial designs, trademarks, service marks,
trade names, indications of
source or appellations of origin, and the repression of unfair
competition.
(3)
Industrial property shall be understood in the broadest sense and shall apply
not only to industry and commerce proper, but likewise
to agricultural and
extractive industries and to all manufactured or natural products, for example,
wines, grain, tobacco leaf, fruit,
cattle, minerals, mineral waters, beer,
flowers, and
flour.
(4)
Patents shall include the various kinds of industrial patents recognized by the
laws of the countries of the Union, such as patents
of importation, patents of
improvement, patents and certificates of addition, etc.
(1)
Nationals of any country of the Union shall, as regards the protection of
industrial property, enjoy in all the other countries
of the Union the
advantages that their respective laws now grant, or may hereafter grant, to
nationals; all without prejudice to
the rights specially provided for by this
Convention. Consequently, they shall have the same protection as the latter, and
the same
legal remedy against any infringement of their rights, provided that
the conditions and formalities imposed upon nationals are complied
with.
(2)
However, no requirement as to domicile or establishment in the country where
protection is claimed may be imposed upon nationals
of countries of the Union
for the enjoyment of any industrial property
rights.
(3)
The provisions of the laws of each of the countries of the Union relating to
judicial and administrative procedure and to jurisdiction,
and to the
designation of an address for service or the appointment of an agent, which may
be required by the laws on industrial
property are expressly
reserved.
Nationals
of countries outside the Union who are domiciled or who have real and effective
industrial or commercial establishments
in the territory of one of the countries
of the Union shall be treated in the same manner as nationals of the countries
of the Union.
A. (1)
Any person who has duly filed an application for a patent, or for the
registration of a utility model, or of an industrial
design, or of a trademark,
in one of the countries of the Union, or his successor in title, shall enjoy,
for the purpose of filing
in the other countries, a right of priority during the
periods hereinafter
fixed.
(2) Any
filing that is equivalent to a regular national filing under the domestic
legislation of any country of the Union or under
bilateral or multilateral
treaties concluded between countries of the Union shall be recognized as giving
rise to the right of
priority.
(3)
By a regular national filing is meant any filing that is adequate to establish
the date on which the application was filed in
the country concerned, whatever
may be the subsequent fate of the application.
B.
Consequently, any subsequent filing in any of the other countries of the Union
before the expiration of the periods referred to
above shall not be invalidated
by reason of any acts accomplished in the interval, in particular, another
filing, the publication
or exploitation of the invention, the putting on sale of
copies of the design, or the use of the mark, and such acts cannot give
rise to
any third-party right or any right of personal possession. Rights acquired by
third parties before the date of the first
application that serves as the basis
for the right of priority are reserved in accordance with the domestic
legislation of each country
of the
Union.
C. (1)
The periods of priority referred to above shall be twelve months for patents and
utility models, and six months for industrial
designs and
trademarks.
(2)
These periods shall start from the date of filing of the first application; the
day of filing shall not be included in the period.
(3) If the
last day of the period is an official holiday, or a day when the Office is not
open for the filing of applications in the
country where protection is claimed,
the period shall be extended until the first following working
day.
(4) A
subsequent application concerning the same subject as a previous first
application within the meaning of paragraph (2), above,
filed in the same
country of the Union, shall be considered as the first application, of which the
filing date shall be the starting
point of the period of priority, if, at the
time of filing the subsequent application, the said previous application has
been withdrawn,
abandoned, or refused, without having been laid open to public
inspection and without leaving any rights outstanding, and if it has
not yet
served as a basis for claiming a right of priority. The previous application may
not thereafter serve as a basis for claiming
a right of
priority.
D.(1)
Any person desiring to take advantage of the priority of a previous filing shall
be required to make a declaration indicating
the date of such filing and the
country in which it was made. Each country shall determine the latest date on
which such declaration
must be made.
(2) These
particulars shall be mentioned in the publications issued by the competent
authority, and in particular in the patents and
the specifications relating
thereto.
(3)
The countries of the Union may require any person making a declaration of
priority to produce a copy of the application (description,
drawings, etc.)
previously filed. The copy, certified as correct by the authority which received
such application, shall not require
any authentication, and may in any case be
filed, without fee, at any time within three months of the filing of the
subsequent application.
They may require it to be accompanied by a certificate
from the same authority showing the date of filing, and by a
translation.
(4)
No other formalities may be required for the declaration of priority at the time
of filing the application. Each country of the
Union shall determine the
consequences of failure to comply with the formalities prescribed by this
Article, but such consequences
shall in no case go beyond the loss of the right
of
priority.
(5)
Subsequently, further proof may be required. Any person who avails himself of
the priority of a previous application shall be
required to specify the number
of that application; this number shall be published as provided for by paragraph
(2),
above.
E.(1)
Where an industrial design is filed in a country by virtue of a right of
priority based on the filing of a utility model, the
period of priority shall be
the same as that fixed for industrial
designs.
(2)
Furthermore, it is permissible to file a utility model in a country by virtue of
a right of priority based on the filing of a
patent application, and vice
versa.
F. No
country of the Union may refuse a priority or a patent application on the ground
that the applicant claims multiple priorities,
even if they originate in
different countries, or on the ground that an application claiming one or more
priorities contains one
or more elements that were not included in the
application or applications whose priority is claimed, provided that, in both
cases,
there is unity of invention within the meaning of the law of the
country.
With
respect to the elements not included in the application or applications whose
priority is claimed, the filing of the subsequent
application shall give rise to
a right of priority under ordinary
conditions.
G.(1)
If the examination reveals that an application for a patent contains more than
one invention, the applicant may divide the application
into a certain number of
divisional applications and preserve as the date of each the date of the initial
application and the benefit
of the right of priority, if
any.
(2) The
applicant may also, on his own initiative, divide a patent application and
preserve as the date of each divisional application
the date of the initial
application and the benefit of the right of priority, if any. Each country of
the Union shall have the right
to determine the conditions under which such
division shall be
authorized.
H.
Priority may not be refused on the ground that certain elements of the invention
for which priority is claimed do not appear among
the claims formulated in the
application in the country of origin, provided that the application documents as
a whole specifically
disclose such elements.
I.(1)
Applications for inventors' certificates filed in a country in which applicants
have the right to apply at their own option
either for a patent or for an
inventor's certificate shall give rise to the right of priority provided for by
this Article, under
the same conditions and with the same effects as
applications for
patents.
(2)
In a country in which applicants have the right to apply at their own option
either for a patent or for an inventor's certificate,
an applicant for an
inventor's certificate shall, in accordance with the provisions of this Article
relating to patent applications,
enjoy a right of priority based on an
application for a patent, a utility model, or an inventor's
certificate.
(1)
Patents applied for in the various countries of the Union by nationals of
countries of the Union shall be independent of patents
obtained for the same
invention in other countries, whether members of the Union or not.
(2) The
foregoing provision is to be understood in an unrestricted sense, in particular,
in the sense that patents applied for during
the period of priority are
independent, both as regards the grounds for nullity and forfeiture, and as
regards their normal duration.
(3) The
provision shall apply to all patents existing at the time when it comes into
effect.
(4)
Similarly, it shall apply, in the case of the accession of new countries, to
patents in existence on either side at the time of
accession.
(5) Patents
obtained with the benefit of priority shall, in the various countries of the
Union, have a duration equal to that which
they would have, had they been
applied for or granted without the benefit of priority.
The
inventor shall have the right to be mentioned as such in the
patent.
The
grant of a patent shall not be refused and a patent shall not be invalidated on
the ground that the sale of the patented product
or of a product obtained by
means of a patented process is subject to restrictions or limitations resulting
from the domestic law.
A. (1)
Importation by the patentee into the country where the patent has been granted
of articles manufactured in any of the countries
of the Union shall not entail
forfeiture of the
patent.
(2)
Each country of the Union shall have the right to take legislative measures
providing for the grant of compulsory licenses to
prevent the abuses which might
result from the exercise of the exclusive rights conferred by the patent, for
example, failure to
work.
(3)
Forfeiture of the patent shall not be provided for except in cases where the
grant of compulsory licenses would not have been
sufficient to prevent the said
abuses. No proceedings for the forfeiture or revocation of a patent may be
instituted before the expiration
of two years from the grant of the first
compulsory
license.
(4) A
compulsory license may not be applied for on the ground of failure to work or
insufficient working before the expiration of
a period of four years from the
date of filing of the patent application or three years from the date of the
grant of the patent,
whichever period expires last; it shall be refused if the
patentee justifies his inaction by legitimate reasons. Such a compulsory
license
shall be non-exclusive and shall not be transferable, even in the form of the
grant of a sub-license, except with that part
of the enterprise or goodwill
which exploits such
license.
(5)
The foregoing provisions shall be applicable, mutatis mutandis, to utility
models.
B.
The protection of industrial designs shall not, under any circumstance, the
subject to any forfeiture, either by reason of failure
to work or by reason of
the importation of articles corresponding to those which are
protected.
C.
(1) If, in any country, use of the registered mark is compulsory, the
registration may be cancelled only after a reasonable period,
and then only if
the person concerned does not justify his inaction.
(2) Use of a
trademark by the proprietor in a form differing in elements which do not alter
the distinctive character of the mark
in the form in which it was registered in
one of the countries of the Union shall not entail invalidation of the
registration and
shall not diminish the protection granted to the
mark.
(3)
Concurrent use of the same mark on identical or similar goods by industrial or
commercial establishments considered as co-proprietors
of the mark according to
the provisions of the domestic law of the country where protection is claimed
shall not prevent registration
or diminish in any way the protection granted to
the said mark in any country of the Union, provided that such use does not
result
in misleading the public and is not contrary to the public
interest.
D.
No indication or mention of the patent, of the utility model, of the
registration of the trademark, or of the deposit of the industrial
design, shall
be required upon the goods as a condition of recognition of the right to
protection.
(1) A
period of grace of not less than six months shall be allowed for the payment of
the fees prescribed for the maintenance of industrial
property rights, subject,
if the domestic legislation so provides, to the payment of a
surcharge.
(2)
The countries of the Union shall have the right to provide for the restoration
of patents which have lapsed by reason of non-payment
of fees.
In any
country of the Union the following shall not be considered as infringements of
the rights of a patentee:
1. the use on board vessels of other countries of the Union of devices forming the subject of his patent in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of the said country, provided that such devices are used there exclusively for the needs of the vessel;
2. the use of devices forming the subject of the patent in the construction or operation of aircraft or land vehicles of other countries of the Union, or of accessories of such aircraft or land vehicles, when those aircraft or land vehicles temporarily or accidentally enter the said country.
When a
product is imported into a country of the Union where there exists a patent
protecting a process of manufacture of the said
product, the patentee shall have
all the rights, with regard to the imported product, that are accorded to him by
the legislation
of the country of importation, on the basis of the process
patent, with respect to products manufactured in that country.
Industrial
designs shall be protected in all the countries of the Union.
(1)
The conditions for the filing and registration of trademarks shall be determined
in each country of the Union by its domestic
legislation.
(2) However,
an application for the registration of a mark filed by a national of a country
of the Union in any country of the Union
may not be refused, nor may a
registration be invalidated, on the ground that filing, registration, or
renewal, has not been effected
in the country of
origin.
(3) A
mark duly registered in a country of the Union shall be regarded as independent
of marks registered in the other countries of
the Union, including the country
of origin.
(1)
The countries of the Union undertake, ex officio if their legislation so
permits, or at the request of an interested party, to
refuse or to cancel the
registration, and to prohibit the use, of a trademark which constitutes a
reproduction, an imitation, or
a translation, liable to create confusion, of a
mark considered by the competent authority of the country of registration or use
to be well known in that country as being already the mark of a person entitled
to the benefits of this Convention and used for identical
or similar goods.
These provisions shall also apply when the essential part of the mark
constitutes a reproduction of any such well-known
mark or an imitation liable to
create confusion
therewith.
(2)
A period of at least five years from the date of registration shall be allowed
for requesting the cancellation of such a mark.
The countries of the Union may
provide for a period within which the prohibition of use must be
requested.
(3)
No time limit shall be fixed for requesting the cancellation or the prohibition
of the use of marks registered or used in bad
faith.
A.
(1)
(a) The countries of the Union agree to refuse or to invalidate the registration, and to prohibit by appropriate measures the use, without authorization by the competent authorities, either as trademarks or as elements of trademarks, of armorial bearings, flags, and other State emblems, of the countries of the Union, official signs and hallmarks indicating control and warranty adopted by them, and any imitation from a heraldic point of view.
(b) The provisions of subparagraph (a), above, shall apply equally to armorial bearings, flags, other emblems, abbreviations, and names, of international intergovernmental organizations of which one or more countries of the Union are members, with the exception of armorial bearings, flags, other emblems, abbreviations, and names, that are already the subject of international agreements in force, intended to ensure their protection.
(c) No country of the Union shall be required to apply the provisions of subparagraph (b), above, to the prejudice of the owners of rights acquired in good faith before the entry into force, in that country, of this Convention. The countries of the Union shall not be required to apply the said provisions when the use or registration referred to in subparagraph (a), above, is not of such a nature as to suggest to the public that a connection exists between the organization concerned and the armorial bearings, flags, emblems, abbreviations, and names, or if such use or registration is probably not of such a nature as to mislead the public as to the existence of a connection between the user and the organization.
(2)
Prohibition of the use of official signs and hallmarks indicating control and
warranty shall apply solely in cases where the marks
in which they are
incorporated are intended to be used on goods of the same or a similar
kind.
(3)
(a) For the application of these provisions, the countries of the Union agree to communicate reciprocally, through the intermediary of the International Bureau, the list of State emblems, and official signs and hallmarks indicating control and warranty, which they desire, or may hereafter desire, to place wholly or within certain limits under the protection of this Article, and all subsequent modifications of such list. Each country of the Union shall in due course make available to the public the lists so communicated.
Nevertheless such communication is not obligatory in respect of flags of States.
(b) The provisions of subparagraph (b) of paragraph (1) of this Article shall apply only to such armorial bearings, flags, other emblems, abbreviations, and names, of international intergovernmental organizations as the latter have communicated to the countries of the Union through the intermediary of the International Bureau.
(4)
Any country of the Union may, within a period of twelve months from the receipt
of the notification, transmit its objections,
if any, through the intermediary
of the International Bureau, to the country or international intergovernmental
organization concerned.
(5) In the
case of State flags, the measures prescribed by paragraph (1), above, shall
apply solely to marks registered after November
6, 1925.
(6) In the
case of State emblems other than flags, and of official signs and hallmarks of
the countries of the Union, and in the case
of armorial bearings, flags, other
emblems, abbreviations, and names, of international intergovernmental
organizations, these provisions
shall apply only to marks registered more than
two months after receipt of the communication provided for in paragraph (3),
above.
(7) In
cases of bad faith, the countries shall have the right to cancel even those
marks incorporating State emblems, signs, and hallmarks,
which were registered
before November 6,
1925.
(8)
Nationals of any country who are authorized to make use of the State emblems,
signs, and hallmarks, of their country may use them
even if they are similar to
those of another country.
(9) The
countries of the Union undertake to prohibit the unauthorized use in trade of
the State armorial bearings of the other countries
of the Union, when the use is
of such a nature as to be misleading as to the origin of the
goods.
(10)
The above provisions shall not prevent the countries from exercising the right
given in paragraph (3) of Article 6quinquies,
Section B, to refuse or to
invalidate the registration of marks incorporating, without authorization,
armorial bearings, flags, other
State emblems, or official signs and hallmarks
adopted by a country of the Union, as well as the distinctive signs of
international
intergovernmental organizations referred to in paragraph (1),
above.
(1)
When, in accordance with the law of a country of the Union, the assignment of
mark is valid only if it takes place at the same
time as the transfer of the
business or goodwill to which the mark belongs, it shall suffice for the
recognition of such validity
that the portion of the business or goodwill
located in that country be transferred to the assignee, together with the
exclusive
right to manufacture in the said country, or to sell therein, the
goods bearing the mark
assigned.
(2)
The foregoing provision does not impose upon the countries of the Union any
obligation to regard as valid the assignment of any
mark the use of which by the
assignee would, in fact, be of such a nature as to mislead the public,
particularly as regards the origin,
nature, or essential qualities, of the goods
to which the mark is applied.
A.(1)
Every trademark duly registered in the country of origin shall be accepted for
filing and protected as is in the other countries
of the Union, subject to the
reservations indicated in this Article. Such countries may, before proceeding to
final registration,
require the production of a certificate of registration in
the country of origin, issued by the competent authority. No authentication
shall be required for this certificate.
(2) Shall be
considered the country of origin the country of the Union where the applicant
has a real and effective industrial or
commercial establishment, or, if he has
no such establishment within the Union, the country of the Union where he has
his domicile,
or, if he has no domicile within the Union but is a national of a
country of the Union, the country of which he is a
national.
B.
Trademarks covered by this Article may be neither denied registration nor
invalidated except in the following cases:
1. When they are of such a nature as to infringe rights acquired by third parties in the country where protection is claimed;
2. When they are devoid of any distinctive character, or consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, place of origin, of the goods, or the time of production, or have become customary in the current language or in the bona fide and established practices of the trade of the country where protection is claimed;
3. When they are contrary to morality or public order and, in particular, of such a nature as to deceive the public. It is understood that a mark may not be considered contrary to public order for the sole reason that it does not conform to a provision of the legislation on marks, except if such provision itself relates to public order. This provision is subject, however, to the application of Article 10bis.
C.(1)
In determining whether a mark is eligible for protection, all the factual
circumstances must be taken into consideration, particularly
the length of time
the mark has been in use.
(2) No
trademark shall be refused in the other countries of the Union for the sole
reason that it differs from the mark protected
in the country of origin only in
respect of elements that do not alter its distinctive character and do not
affect its identity in
the form in which it has been registered in the said
country of
origin.
D. No
person may benefit from the provisions of this Article if the mark for which he
claims protection is not registered in the country
of origin.
E. However,
in no case shall the renewal of the registration of the mark in the country of
origin involve an obligation to renew the
registration in the other countries of
the Union in which the mark has been registered.
F. The
benefit of priority shall remain unaffected for applications for the
registration of marks filed within the period fixed by
Article 4, even if
registration in the country of origin is effected after the expiration of such
period.
Article 6sexies
The
countries of the Union undertake to protect service marks. They shall not be
required to provide for the registration of such
marks.
(1) If
the agent or representative of the person who is the proprietor of a mark in one
of the countries of the Union applies, without
such proprietor's authorization,
for the registration of the mark in his own name, in one or more countries of
the Union, the proprietor
shall be entitled to oppose the registration applied
for or demand its cancellation or, if the law of the country so allows, the
assignment in his favour of the said registration, unless such agent or
representative justifies his
action.
(2)
The proprietor of the mark shall, subject to the provisions of paragraph (1),
above, be entitled to oppose the use of his mark
by his agent or representative
if he has not authorized such use.
(3) Domestic
legislation may provide an equitable time limit within which the proprietor of a
mark must exercise the rights provided
for in this Article.
The
nature of the goods to which a trademark is to be applied shall in no case form
an obstacle to the registration of the mark.
(1)
The countries of the Union undertake to accept for filing and to protect
collective marks belonging to associations the existence
of which is not
contrary to the law of the country of origin,
(2) Each
country shall be the judge of the particular conditions under which a collective
mark shall be protected and may refuse protection
if the mark is contrary to the
public
interest.
(3)
Nevertheless, the protection of these marks shall not be refused to any
association the existence of which is not contrary to
the law of the country of
origin, on the ground that such association is not established in the country
where protection is sought
or is not constituted according to the law of the
latter country.
A
trade name shall be protected in all the countries of the Union without the
obligation of filing or registration, whether or not
it forms part of a
trademark.
(1)
All goods unlawfully bearing a trademark or trade name shall be seized on
importation into those countries of the Union where
such mark or trade name is
entitled to legal
protection.
(2)
Seizure shall likewise be effected in the country where the unlawful affixation
occurred or in the country into which the goods
were imported.
(3) Seizure
shall take place at the request of the public prosecutor, or any other competent
authority, or any interested party, whether
a natural person or a legal entity,
in conformity with the domestic legislation of each
country.
(4)
The authorities shall not be bound to effect seizure of goods in
transit.
(5)
If the legislation of a country does not permit seizure on importation, seizure
shall be replaced by prohibition of importation
or by seizure inside the
country.
(6)
If the legislation of a country permits neither seizure on importation nor
prohibition of importation nor seizure inside the country,
then, until such time
as the legislation is modified accordingly, these measures shall be replaced by
the actions and remedies available
in such cases to nationals under the law of
such country.
(1)
The provisions of the preceding Article shall apply in cases of direct or
indirect use of a false indication of the source of
the goods or the identity of
the producer, manufacturer, or merchant.
(2) Any
producer, manufacturer, or merchant, whether a natural person or a legal entity,
engaged in the production or manufacture
of or trade in such goods and
established either in the locality falsely indicated as the source, or in the
region where such locality
is situated, or in the country falsely indicated, or
in the country where the false indication of source is used, shall in any case
be deemed an interested party.
(1)
The countries of the Union are bound to assure to nationals of such countries
effective protection against unfair competition.
(2) Any act
of competition contrary to honest practices in industrial or commercial matters
constitutes an act of unfair competition.
(3) The
following in particular shall be prohibited:
1. All acts of such a nature as to create confusion by any means whatever with the establishment, the goods, or the industrial or commercial activities, of a competitor;
2. False allegations in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial or commercial activities, of a competitor;
3. Indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods.
(1)
The countries of the Union undertake to assure to nationals of the other
countries of the Union appropriate legal remedies effectively
to repress all the
acts referred to in Articles 9, 10, and
10bis.
(2)
They undertake, further, to provide measures to permit federations and
associations representing interested industrialists, producers,
or merchants,
provided that the existence of such federations and associations is not contrary
to the laws of their countries, to
take action in the courts or before the
administrative authorities, with a view to the repression of the acts referred
to in Articles
9, 10, and 10bis, in so far as the law of the country in which
protection is claimed allows such action by federations and associations
of that
country.
(1)
The countries of the Union shall, in conformity with their domestic legislation,
grant temporary protection to patentable inventions,
utility models, industrial
designs, and trademarks, in respect of goods exhibited at official or officially
recognized international
exhibitions held in the territory of any of
them.
(2) Such
temporary protection shall not extend the periods provided by Article 4. If,
later, the right of priority is invoked, the
authorities of any country may
provide that the period shall start from the date of introduction of the goods
into the
exhibition.
(3)
Each country may require, as proof of the identity of the article exhibited and
of the date of its introduction, such documentary
evidence as it considers
necessary.
(1)
Each country of the Union undertakes to establish a special industrial property
service and a central office for the communication
to the public of patents,
utility models, industrial designs, and
trademarks.
(2)
This service shall publish an official periodical journal. It shall publish
regularly:
(a) the names of the proprietors of patents granted, with a brief designation of the inventions patented;
(b) the reproductions of registered trademarks.
(1)
(a) The Union shall have an Assembly consisting of those countries of the Union which are bound by Articles 13 to 17.
(b) The Government of each country shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by the Government which has appointed it.
(2)
(a) The Assembly shall:
(i) deal with all matters concerning the maintenance and development of the Union and the implementation of this Convention;
(ii) give directions concerning the preparation for conferences of revision to the International Bureau of Intellectual Property (hereinafter designated as "the International Bureau") referred to in the Convention establishing the World Intellectual Property Organization (hereinafter designated as "the Organization"), due account being taken of any comments made by those countries of the Union which are not bound by Articles 13 to 17;
(iii) review and approve the reports and activities of the Director General of the Organization concerning the Union, and give him all necessary instructions concerning matters within the competence of the Union;
(iv) elect the members of the Executive Committee of the Assembly;
(v) review and approve the reports and activities of its Executive Committee, and give instructions to such Committee;
(vi) determine the program and adopt the triennial budget of the Union, and approve its final accounts;
(vii) adopt the financial regulations of the Union;
(viii) establish such committees of experts and working groups as it deems appropriate to achieve the objectives of the Union;
(ix) determine which countries not members of the Union and which intergovernmental and international non-governmental organizations shall be admitted to its meetings as observers;
(x) adopt amendments to Articles 13 to 17;
(xi) take any other appropriate action designed to further the objectives of the Union;
(xii) perform such other functions as are appropriate under this Convention;
(xiii) subject to its acceptance, exercise such rights as are given to it in the Convention establishing the Organization.
(b) With respect to matters which are of interest also to other Unions administered by the Organization, the Assembly shall make its decisions after having heard the advice of the Co-ordination Committee of the Organization.
(3)
(a) Subject to the provisions of subparagraph (b), a delegate may represent one country only.
(b) Countries of the Union grouped under the terms of a special agreement in a common office possessing for each of them the character of a special national service of industrial property as referred to in Article 12 may be jointly represented during discussions by one of their number.
(4)
(a) Each country member of the Assembly shall have one vote.
(b) One-half of the countries members of the Assembly shall constitute a quorum.
(c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of countries represented is less than one half but equal to or more than one third of the countries members of the Assembly, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the conditions set forth hereinafter are fulfilled. The International Bureau shall communicate the said decisions to the countries members of the Assembly which were not represented and shall invite them to express in writing their vote or abstention within a period of three months from the date of the communication. If, at the expiration of this period, the number of countries having thus expressed their vote or abstention attains the number of countries which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains.
(d) Subject to the provisions of Article 17 (2), the decisions of the Assembly shall require two thirds of the votes cast.
(e) Abstentions shall not be considered as votes.
(5)
(a) Subject to the provisions of subparagraph (b), a delegate may vote in the name of one country only.
(b) The countries of the Union referred to in paragraph (3) (b) shall, as a general rule, endeavour to send their own delegations to the sessions of the Assembly. If, however, for exceptional reasons, any such country cannot send its own delegation, it may give to the delegation of another such country the power to vote in its name, provided that each delegation may vote by proxy for one country only. Such power to vote shall be granted in a document signed by the Head of State or the competent Minister.
(6)
Countries of the Union not members of the Assembly shall be admitted to the
meetings of the latter as observers.
(7)
(a) The Assembly shall meet once in every third calendar year in ordinary session upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of the Organization.
(b) The Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of the Executive Committee or at the request of one fourth of the countries members of the Assembly.
(8)
The Assembly shall adopt its own rules of procedure.
(1)
The Assembly shall have an Executive
Committee.
(2)
(a) The Executive Committee shall consist of countries elected by the Assembly from among countries members of the Assembly. Furthermore, the country on whose territory the Organization has its headquarters shall, subject to the provisions of Article 16 (7) (b), have an ex officio seat on the Committee.
(b) The Government of each country member of the Executive Committee shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by the Government which has appointed it.
(3)
The number of countries members of the Executive Committee shall correspond to
one fourth of the number of countries members of
the Assembly. In establishing
the number of seats to be filled, remainders after division by four shall be
disregarded.
(4) In
electing the members of the Executive Committee, the Assembly shall have due
regard to an equitable geographical distribution
and to the need for countries
party to the Special Agreements established in relation with the Union to be
among the countries constituting
the Executive Committee.
(5)
(a) Each member of the Executive Committee shall serve from the close of the session of the Assembly which elected it to the close of the next ordinary session of the Assembly.
(b) Members of the Executive Committee may be re-elected, but only up to a maximum of two thirds of such members.
(c) The Assembly shall establish the details of the rules governing the election and possible re-election of the members of the Executive Committee.
(6)
(a) The Executive Committee shall:
(i) prepare the draft agenda of the Assembly;
(ii) submit proposals to the Assembly in respect of the draft program and triennial budget of the Union prepared by the Director General;
(iii) approve, within the limits of the program and the triennial budget, the specific yearly budgets and programs prepared by the Director General;
(iv) submit, with appropriate comments, to the Assembly the periodical reports of the Director General and the yearly audit reports on the accounts;
(v) take all necessary measures to ensure the execution of the program of the Union by the Director General, in accordance with the decisions of the Assembly and having regard to circumstances arising between two ordinary sessions of the Assembly;
(vi) perform such other functions as are allocated to it under this Convention.
(b) With respect to matters which are of interest also to other Unions administered by the Organization, the Executive Committee shall make its decisions after having heard the advice of the Co-ordination Committee of the Organization.
(7)
(a) The Executive Committee shall meet once a year in ordinary session upon convocation by the Director General, preferably during the same period and at the same place as the Co-ordination Committee of the Organization.
(b) The Executive Committee shall meet in extraordinary session upon convocation by the Director General, either on his own initiative, or at the request of its Chairman or one fourth of its members.
(8)
(a) Each country member of the Executive Committee shall have one vote.
(b) One-half of the members of the Executive Committee shall constitute a quorum.
(c) Decisions shall be made by a simple majority of the votes cast.
(d) Abstentions shall not be considered as votes.
(e) A delegate may represent, and vote in the name of, one country only.
(9)
Countries of the Union not members of the Executive Committee shall be admitted
to its meetings as
observers.
(10)
The Executive Committee shall adopt its own rules of procedure.
(1)
(a) Administrative tasks concerning the Union shall be performed by the International Bureau, which is a continuation of the Bureau of the Union united with the Bureau of the Union established by the International Convention for the Protection of Literary and Artistic Works.
(b) In particular, the International Bureau shall provide the secretariat of the various organs of the Union.
(c) The Director General of the Organization shall be the chief executive of the Union and shall represent the Union.
(2)
The International Bureau shall assemble and publish information concerning the
protection of industrial property. Each country
of the Union shall promptly
communicate to the International Bureau all new laws and official texts
concerning the protection of
industrial property. Furthermore, it shall furnish
the International Bureau with all the publications of its industrial property
service of direct concern to the protection of industrial property which the
International Bureau may find useful in its
work.
(3) The
International Bureau shall publish a monthly
periodical.
(4)
The International Bureau shall, on request, furnish any country of the Union
with information on matters concerning the protection
of industrial
property.
(5)
The International Bureau shall conduct studies, and shall provide services,
designed to facilitate the protection of industrial
property.
(6) The
Director General and any staff member designated by him shall participate,
without the right to vote, in all meetings of the
Assembly, the Executive
Committee, and any other committee of experts or working group. The Director
General, or a staff member designated
by him, shall be ex officio secretary of
these
bodies.
(7)(a)
The International Bureau shall, in accordance with the directions of the
Assembly and in co-operation with the Executive Committee,
make the preparations
for the conferences of revision of the provisions of the Convention other than
Articles 13 to
17.
(b) The
International Bureau may consult with intergovernmental and international
non-governmental organizations concerning preparations
for conferences of
revision.
(c)
The Director General and persons designated by him shall take part, without the
right to vote, in the discussions at these conferences.
(8) The
International Bureau shall carry out any other tasks assigned to
it.
(1)
(a) The Union shall have a budget.
(b) The budget of the Union shall include the income and expenses proper to the Union, its contribution to the budget of expenses common to the Unions, and, where applicable, the sum made available to the budget of the Conference of the Organization.
(c) Expenses not attributable exclusively to the Union but also to one or more other Unions administered by the Organization shall be considered as expenses common to the Unions. The share of the Union in such common expenses shall be in proportion to the interest the Union has in them.
(2)
The budget of the Union shall be established with due regard to the requirements
of co-ordination with the budgets of the other
Unions administered by the
Organization. (3) The budget of the Union shall be financed from the following
sources:
(i) contributions of the countries of the Union;
(ii) fees and charges due for services rendered by the International Bureau in relation to the Union;
(iii) sale of, or royalties on, the publications of the International Bureau concerning the Union;
(iv) gifts, bequests, and subventions;
(v) rents, interests, and other miscellaneous income.
(4)
(a) For the purpose of establishing its contribution towards the budget, each country of the Union shall belong to a class, and shall pay its annual contributions on the basis of a number of units fixed as follows:
Class I ............................................ 25
Class II ........................................... 20
Class III .......................................... 15
Class IV .......................................... 10
Class V ............................................ 5
Class VI ........................................... 3
Class VII .......................................... 1
(b) Unless it has already done so, each country shall indicate, concurrently with depositing its instrument of ratification or accession, the class to which it wishes to belong. Any country may change class. If it chooses a lower class, the country must announce such change to the Assembly at one of its ordinary sessions. Any such change shall take effect at the beginning of the calendar year following the said session.
(c) The annual contribution of each country shall be an amount in the same proportion to the total sum to be contributed to the budget of the Union by all countries as the number of its units is to the total of the units of all contributing countries.
(d) Contributions shall become due on the first of January of each year.
(e) A country which is in arrears in the payment of its contributions may not exercise its right to vote in any of the organs of the Union of which it is a member if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. However, any organ of the Union may allow such a country to continue to exercise its right to vote in that organ if, and as long as, it is satisfied that the delay in payment is due to exceptional and unavoidable circumstances.
(f) If the budget is not adopted before the beginning of a new financial period, it shall be at the same level as the budget of the previous year, as provided in the financial regulations.
(5)
The amount of the fees and charges due for services rendered by the
International Bureau in relation to the Union shall be established,
and shall be
reported to the Assembly and the Executive Committee, by the Director
General.
(6)
(a) The Union shall have a working capital fund which shall be constituted by a single payment made by each country of the Union. If the fund becomes insufficient, the Assembly shall decide to increase it.
(b) The amount of the initial payment of each country to the said fund or of its participation in the increase thereof shall be a proportion of the contribution of that country for the year in which the fund is established or the decision to increase it is made.
(c) The proportion and the terms of payment shall be fixed by the Assembly on the proposal of the Director General and after it has heard the advice of the Co-ordination Committee of the Organization.
(7)
(a) In the headquarters agreement concluded with the country on the territory of which the Organization has its headquarters, it shall be provided that, whenever the working capital fund is insufficient, such country shall grant advances. The amount of these advances and the conditions on which they are granted shall be the subject of separate agreements, in each case, between such country and the Organization. As long as it remains under the obligation to grant advances, such country shall have an ex officio seat on the Executive Committee.
(b) The country referred to in subparagraph (a) and the Organization shall each have the right to denounce the obligation to grant advances, by written notification. Denunciation shall take effect three years after the end of the year in which it has been notified.
(8)
The auditing of the accounts shall be effected by one or more of the countries
of the Union or by external auditors, as provided
in the financial regulations.
They shall be designated, with their agreement, by the Assembly.
(1)
Proposals for the amendment of Articles 13, 14, 15, 16, and the present Article,
may be initiated by any country member of the
Assembly, by the Executive
Committee, or by the Director General. Such proposals shall be communicated by
the Director General to
the member countries of the Assembly at least six months
in advance of their consideration by the
Assembly.
(2)
Amendments to the Articles referred to in paragraph (1) shall be adopted by the
Assembly. Adoption shall require three fourths
of the votes cast, provided that
any amendment to Article 13, and to the present paragraph, shall require four
fifths of the votes
cast.
(3) Any
amendment to the Articles referred to in paragraph (1) shall enter into force
one month after written notifications of acceptance,
effected in accordance with
their respective constitutional processes, have been received by the Director
General from three fourths
of the countries members of the Assembly at the time
it adopted the amendment. Any amendment to the said Articles thus accepted shall
bind all the countries which are members of the Assembly at the time the
amendment enters into force, or which become members thereof
at a subsequent
date, provided that any amendment increasing the financial obligations of
countries of the Union shall bind only
those countries which have notified their
acceptance of such amendment.
(1)
This Convention shall be submitted to revision with a view to the introduction
of amendments designed to improve the system of
the Union.
(2) For that
purpose, conferences shall be held successively in one of the countries of the
Union among the delegates of the said
countries.
(3)
Amendments to Articles 13 to 17 are governed by the provisions of Article
17.
It is
understood that the countries of the Union reserve the right to make separately
between themselves special agreements for the
protection of industrial property,
in so far as these agreements do not contravene the provisions of this
Convention.
(1)
(a) Any country of the Union which has signed this Act may ratify it, and, if it has not signed it, may accede to it. Instruments of ratification and accession shall be deposited with the Director General.
(b) Any country of the Union may declare in its instrument of ratification or accession that its ratification or accession shall not apply:
(i) to Articles 1 to 12, or
(ii) to Articles 13 to 17.
(c) Any country of the Union which, in accordance with subparagraph (b), has excluded from the effects of its ratification or accession one of the two groups of Articles referred to in that subparagraph may at any later time declare that it extends the effects of its ratification or accession to that group of Articles. Such declaration shall be deposited with the Director General.
(2)
(a) Articles 1 to 12 shall enter into force, with respect to the first ten countries of the Union which have deposited instruments of ratification or accession without making the declaration permitted under paragraph (1) (b) (i), three months after the deposit of the tenth such instrument of ratification or accession.
(b) Articles 13 to 17 shall enter into force, with respect to the first ten countries of the Union which have deposited instruments of ratification or accession without making the declaration permitted under paragraph (1) (b) (ii), three months after the deposit of the tenth such instrument of ratification or accession.
(c) Subject to the initial entry into force, pursuant to the provisions of subparagraphs (a) and (b), of each of the two groups of Articles referred to in paragraph (1) (b) (i) and (ii), and subject to the provisions of paragraph (1) (b), Articles 1 to 17 shall, with respect to any country of the Union, other than those referred to in subparagraphs (a) and (b), which deposits an instrument of ratification or accession or any country of the Union which deposits a declaration pursuant to paragraph (1) (c), enter into force three months after the date of notification by the Director General of such deposit, unless a subsequent date has been indicated in the instrument or declaration deposited. In the latter case, this Act shall enter into force with respect to that country on the date thus indicated.
(3)
With respect to any country of the Union which deposits an instrument of
ratification or accession, Articles 18 to 30 shall enter
into force on the
earlier of the dates on which any of the groups of Articles referred to in
paragraph (1) (b) enters into force
with respect to that country pursuant to
paragraph (2) (a), (b), or (c).
(1)
Any country outside the Union may accede to this Act and thereby become a member
of the Union. Instruments of accession shall
be deposited with the Director
General.
(2)
(a) With respect to any country outside the Union which deposits its instrument of accession one month or more before the date of entry into force of any provisions of the present Act, this Act shall enter into force, unless a subsequent date has been indicated in the instrument of accession, on the date upon which provisions first enter into force pursuant to Article 20(2) (a) or
(b); provided that:
(i) if Articles 1 to 12 do not enter into force on that date, such country shall, during the interim period before the entry into force of such provisions, and in substitution therefore, be bound by Articles 1 to 12 of the Lisbon Act,
(ii) if Articles 13 to 17 do not enter into force on that date, such country shall, during the interim period before the entry into force of such provisions, and in substitution therefore, be bound by Articles 13 and 14(3), (4), and (5), of the Lisbon Act.
If a country indicates a subsequent date in its instrument of accession, this Act shall enter into force with respect to that country on the date thus indicated.
(b) With respect to any country outside the Union which deposits its instrument of accession on a date which is subsequent to, or precedes by less than one month, the entry into force of one group of Articles of the present Act, this Act shall, subject to the proviso of subparagraph (a), enter into force three months after the date on which its accession has been notified by the Director General, unless a subsequent date has been indicated in the instrument of accession. In the latter case, this Act shall enter into force with respect to that country on the date thus indicated. (3) With respect to any country outside the Union which deposits its instrument of accession after the date of entry into force of the present Act in its entirety, or less than one month before such date, this Act shall enter into force three months after the date on which its accession has been notified by the Director General, unless a subsequent date has been indicated in the instrument of accession. In the latter case, this Act shall enter into force with respect to that country on the date thus indicated.
Subject
to the possibilities of exceptions provided for in Articles 20 (1) (b) and
28(2), ratification or accession shall automatically
entail acceptance of all
the clauses and admission to all the advantages of this Act.
After
the entry into force of this Act in its entirety, a country may not accede to
earlier Acts of this Convention.
(1)
Any country may declare in its instrument of ratification or accession, or may
inform the Director General by written notification
any time thereafter, that
this Convention shall be applicable to all or part of those territories,
designated in the declaration
or notification, for the external relations of
which it is
responsible.
(2)
Any country which has made such a declaration or given such a notification may,
at any time, notify the Director General that
this Convention shall cease to be
applicable to all or part of such territories.
(3)
(a) Any declaration made under paragraph (1) shall take effect on the same date as the ratification or accession in the instrument of which it was included, and any notification given under such paragraph shall take effect three months after its notification by the Director General.
(b) Any notification given under paragraph (2) shall take effect twelve months after its receipt by the Director General.
(1)
Any country party to this Convention undertakes to adopt, in accordance with its
constitution, the measures necessary to ensure
the application of this
Convention.
(2)
It is understood that, at the time a country deposits its instrument of
ratification or accession, it will be in a position under
its domestic law to
give effect to the provisions of this
Convention
Article 26
(1)
This Convention shall remain in force without limitation as to
time.
(2) Any
country may denounce this Act by notification addressed to the Director General.
Such denunciation shall constitute also denunciation
of all earlier Acts and
shall affect only the country making it, the Convention remaining in full force
and effect as regards the
other countries of the
Union.
(3)
Denunciation shall take effect one year after the day on which the Director
General has received the
notification.
(4)
The right of denunciation provided by this Article shall not be exercised by any
country before the expiration of five years from
the date upon which it becomes
a member of the Union.
(1)
The present Act shall, as regards the relations between the countries to which
it applies, and to the extent that it applies,
replace the Convention of Paris
of March 20, 1883, and the subsequent Acts of
revision.
(2)
(a) As regards the countries to which the present Act does not apply, or does not apply in its entirety, but to which the Lisbon Act of October 31, 1958, applies, the latter shall remain in force in its entirety or to the extent that the present Act does not replace it by virtue of paragraph (1).
(b) Similarly, as regards the countries to which neither the present Act, nor portions thereof, nor the Lisbon Act applies, the London Act of June 2, 1934 shall remain in force in its entirety or to the extent that the present Act does not replace it by virtue of paragraph (1).
(c) Similarly, as regards the countries to which neither the present Act, nor portions thereof, nor the Lisbon Act, nor the London Act applies, the Hague Act of November 6, 1925, shall remain in force in its entirety or to the extent that the present Act does not replace it by virtue of paragraph (1).
(3)
Countries outside the Union which become party to this Act shall apply it with
respect to any country of the Union not party to
this Act or which, although
party to this Act, has made a declaration pursuant to Article 20 (1) (b) (i).
Such countries recognize
that the said country of the Union may apply, in its
relations with them, the provisions of the most recent Act to which it is
party.
(1)
Any dispute between two or more countries of the Union concerning the
interpretation or application of this Convention, not settled
by negotiation,
may, by any one of the countries concerned, be brought before the International
Court of Justice by application in
conformity with the Statute of the Court,
unless the countries concerned agree on some other method of settlement. The
country bringing
the dispute before the Court shall inform the International
Bureau; the International Bureau shall bring the matter to the attention
of the
other countries of the
Union.
(2)
Each country may, at the time it signs this Act or deposits its instrument of
ratification or accession, declare that it does
not consider itself bound by the
provisions of paragraph (1). With regard to any dispute between such country and
any other country
of the Union, the provisions of paragraph (1) shall not apply.
(3) Any country having made a declaration in accordance with the provisions
of
paragraph (2) may, at any time, withdraw its declaration by notification
addressed to the Director General.
(1)
(a) This Act shall be signed in a single copy in the French language and shall be deposited with the Government of Sweden.
(b) Official texts shall be established by the Director General, after consultation with the interested Governments, in the English, German, Italian, Portuguese, Russian and Spanish languages, and such other languages as the Assembly may designate.
(c) In case of differences of opinion on the interpretation of the various texts, the French text shall prevail.
(2)
This Act shall remain open for signature at Stockholm until January 13,
1968.
(3) The
Director General shall transmit two copies, certified by the Government of
Sweden, of the signed text of this Act to the Governments
of all countries of
the Union and, on request, to the Government of any other
country.
(4)
The Director General shall register this Act with the Secretariat of the United
Nations.
(5)
The Director General shall notify the Governments of all countries of the Union
of signatures, deposits of instruments of ratification
or accession and any
declarations included in such instruments or made pursuant to Article 20 (1)
(c), entry into force of any provisions
of this Act, notifications of
denunciation, and notifications pursuant to Article 24.
(1)
Until the first Director General assumes office, references in this Act to the
International Bureau of the Organization or to
the Director General shall be
deemed to be references to the Bureau of the Union or its Director,
respectively.
(2)
Countries of the Union not bound by Articles 13 to 17 may, until five years
after the entry into force of the Convention establishing
the Organization,
exercise, if they so desire, the rights provided under Articles 13 to 17 of this
Act as if they were bound by those
Articles. Any country desiring to exercise
such rights shall give written notification to that effect to the Director
General; such
notification shall be effective from the date of its receipt. Such
countries shall be deemed to be members of the Assembly until
the expiration of
the said
period.
(3) As
long as all the countries of the Union have not become Members of the
Organization, the International Bureau of the Organization
shall also function
as the Bureau of the Union, and the Director General as the Director of the said
Bureau.
(4)
Once all the countries of the Union have become Members of the Organization, the
rights, obligations, and property, of the Bureau
of the Union shall devolve on
the International Bureau of the
Organization.
IN
WITNESS WHEREOF, the
undersigned, being duly authorized thereto, have signed this
Act.
DONE
at Stockholm, on July 14, 1967.
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