Law Approving The Protocol Amending The Benelux Convention On Intellectual Property (Trademarks And Designs), Done At Brussels On 22 July 2010 (1)

Original Language Title: Loi portant assentiment au Protocole portant modification de la Convention Benelux en matière de propriété intellectuelle (marques et dessins ou modèles), fait à Bruxelles le 22 juillet 2010 (1)

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6 JUIN 2013. - An Act to amend the Benelux Convention on Intellectual Property (marks and drawings or models) in Brussels on 22 July 2010 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Protocol amending the Benelux Convention on Intellectual Property (Brands and Drawings or Models) was launched in Brussels on 22 July 2010 and will have its full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 June 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of Economy,
J. VANDE LANOTTE
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
Senate
Documents. - Bill tabled on 25 January 2013, No. 5-1946/1. - Report, no. 5-1946/2.
Annales parliamentarians. - Discussion. Session of March 28, 2013. Vote. Meeting of 28 March 2013.
House of Representatives
Documents. - Project transmitted by the Senate, No. 53-2732/1. - Text adopted in plenary and subject to Royal Assent, No. 53-2732/2.
Annales parliamentarians. - Discussion and voting. Session of May 8, 2013.
Protocol amending the Benelux Convention on Intellectual Property (marks and drawings or models)
The Kingdom of Belgium,
The Grand Duchy of Luxembourg,
The Kingdom of the Netherlands,
Animated by the desire to amend the Benelux Convention on Intellectual Property (marks and drawings or models) on a few points,
The following provisions were agreed:
Article I
The Benelux Intellectual Property Convention (marks and drawings or models) is amended to read:
A.
In section 1.1, the words "Council Regulation (EC) No. 40/94 of 20 December 1993 on the Community Mark" are replaced by the words "Community Mark Regulation (EC) No. 207/2009 of 26 February 2009.
B.
Section 2.7 is replaced by the following provision:
« Article 2.7 Research
1. The Agency may offer an antique search service.
2. The Director-General sets out the terms and conditions. »
C.
The following amendments are made to section 2.9:
1. Paragraph 3 is replaced by the following:
"Registration may be renewed for new periods of 10 years. »
2. Paragraph 4 is replaced by the following:
"Renewal is made by the only payment of the tax set for this purpose. This tax must be paid within six months before the registration expires; it may still be paid within six months of the date of the expiry of the registration, subject to the simultaneous payment of a surtax. The renewal has effect from the expiry of the registration. »
D.
Article 2.14, paragraph 1er, the words "from the first day of the month following the publication" are replaced by the words "from the publication".
E.
Section 2.15 is repealed.
F.
In section 2.16, paragraph 3, subparagraph (a), the words "in accordance with section 2.26, paragraph 2 (a) shall be replaced by the words "as a result of the absence, without fair cause, of a normal use of the mark within the meaning of this Convention or, where applicable, of the Community Marking Regulations".
G.
Article 2.18, paragraph 1er, the words "from the first day of the month following the publication" are replaced by the words "from the publication".
H.
In section 2.28, paragraph 3, subparagraph (b), in the French text, the words "of the deposit" are replaced by the words "of the registration".
I.
In article 3.7, paragraph 3, in the Dutch text, the words "of bij de geïnformeerde gebruiker geen andere algemene indruk wekt" are inserted between the words "hetzelfde uiterlijk vertoont" and the words "wordt dit voortbrengsel".
J.
In article 3.26, paragraph 3, in the Dutch text, the word "merkhouder" is replaced by the words "de houder van de tekening of het model".
K.
The title IV is replaced by: "Different Provisions".
L.
Chapter 1er Title IV is repealed.
Mr.
Section 4.4, sub d, is repealed.
N.
A new article 4.4bis is inserted, as follows:
« Article 4.4bis i-DEPOT
1. The Agency may provide under the name "i-DEPOT" proof of the existence of exhibits on the date of receipt.
2. Exhibits are retained by the Agency for a specified period of time. Preservation takes place under the seal of secrecy, unless the applicant expressly waives.
3. The terms and conditions of this service are set by the Implementing Regulations. »
O.
Section 6.2, paragraph 2, is repealed.
P.
The following amendments are made to section 6.5:
1. Paragraph 1er, the second sentence is replaced by the following sentence:
"The Director General shall publish it on the Agency's website. »
2. In section 6.5, two paragraphs are added as follows:
“3. Amendments to the Implementing Regulations come into force no later than the publication referred to in paragraph 1er.
4. The High Contracting Parties also publish these amendments in their official newspapers. »
Article II
Pursuant to Article 1er, paragraph 2, of the Treaty relating to the Institution and Status of a Benelux Court of Justice, the provisions of this Protocol shall be designated as common legal rules for the application of chapters III and IV of that Treaty.
Article III
In accordance with Article 1.7, paragraph 2, Benelux Intellectual Property Convention (marks and drawings or models), the amendments to Article Ier will be submitted for approval or approval to the High Contracting Parties. This protocol will be ratified and the instruments of ratification will be deposited with the Government of the Kingdom of Belgium. This Protocol enters into force on the first day of the third month following the deposit of the third instrument of ratification.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Brussels on 22 July 2010, in three copies, in French and Dutch, both texts being equally authentic.

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