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)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013015159&caller=list&article_lang=F&row_id=1200&numero=1205&pub_date=2013-07-17&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-07-17 Numac: 2013015159 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 6, 2013. -Law approving the Protocol amending the Benelux Convention on intellectual property (trademarks and designs), done at Brussels on July 22, 2010 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Protocol amending the Benelux Convention on intellectual property (trademarks and designs), done at Brussels on 22 July 2010, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, June 6, 2013.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of economy, J. VANDE LANOTTE seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
Senate Documents.
-Bill filed January 25, 2013, no. 5 - 1946/1. -Report, n ° 5-1946/2.
Parliamentary Annals.
-Discussion. Meeting of March 28, 2013. Vote. Meeting of March 28, 2013.
House of representatives Documents.
-Draft transmitted by the Senate, no. 53-2732/1. -Text adopted in plenary and subject to Royal assent, session No. 53-2732/2.
Parliamentary Annals. -Discussion and vote. Meeting of May 8, 2013.
Protocol amending the Benelux Convention on intellectual property (trademarks and designs) the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, animated by the desire to alter the Benelux Convention on intellectual property (trademarks and designs) on some points, have agreed upon the following provisions: Article I the Benelux Convention on intellectual property (trademarks and designs) is hereby amended as follows : A. article 1.1, the words ' the Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark ' shall be replaced by the words "Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark Council.
B. article 2.7 is replaced by the following provision: «Article 2.7 research 1. The Agency may provide a prior art search service.
2. the Director-general in fixed terms.
» C a. article 2.9, the following changes are made: 1. paragraph 3 is replaced by the following: "the registration may be renewed for further periods of 10 years. ' 2. paragraph 4 is replaced by the following: "renewal occurs through the payment of the fee laid down for this purpose. This fee must be paid within six months before the expiry of the registration; It can still be paid within the six months following the date of expiry of the registration, subject to the simultaneous payment of a surcharge. The renewal has effect from the expiry of the registration. » D. a. item 2.14, paragraph 1, the words "from the first day of the month following the publication" shall be replaced by the words "the date of publication.
E. article 2.15 is repealed.
F. A section 2.16, paragraph 3 (a), the words "pursuant to article 2.26, paragraph 2, (a)" are replaced by the words "following the absence, without just cause, normal use of the mark within the meaning of this Convention or, where appropriate, of the regulation on the Community trade mark.
G. A section 2.18, paragraph 1, the words "from the first day of the month following the publication" shall be replaced by the words "the date of publication.
H. A section 2.28, paragraph 3 (b), in the french text, the words "the deposit" are replaced by the words "for the record.
I. in article 3.7, paragraph 3, in the Dutch text, the words 'of bij de geinformeerde gebruiker geen andere algemene indruk wekt' shall be inserted between the words 'hetzelfde uiterlijk UN' and 'wordt said voortbrengsel'.
J. article 3.26, paragraph 3, in the Dutch text, the word "merkhouder" is replaced by the words "de stativet van de tekening of het model.
K. the heading of title IV shall be replaced by: "miscellaneous provisions".
L. Chapter 1 of title IV is repealed.
Mr. Larticle 4.4, (d), is repealed.
N. a new article 4.4bis shall be inserted, worded as follows: ' Article 4.4bis i-DEPOT 1.» The Agency may provide under the name "i-DÉPÔT" proof of the existence of documents on the date of their receipt.
2. the documents shall be kept by the Agency for a specified period. Conservation takes place under the seal of secrecy, except express waiver of the applicant.
3. the terms of this service are laid down by the implementing regulation. "O. Article 6.2, paragraph 2, is repealed.
P. A section 6.5, the following changes are made: 1. the paragraph 1, the second sentence is replaced by the following sentence: "the Director general ensures the publication on the website of the Office."
2 section 6.5 are added two paragraphs read as follows: "3. the amendments to the regulations come into force as soon as possible after the publication referred to in paragraph 1.
4. the High Contracting Parties also publish these changes in their official journals.
"Section II in pursuance of article 1, paragraph 2, of the Treaty concerning the establishment and the Statute of a Benelux Court of Justice, the provisions of this Protocol are designated as common legal rules for the application of chapters III and IV of the Treaty.
Article III in accordance with article 1.7, paragraph 2, Benelux Convention on intellectual property (trademarks and designs), the modifications listed in article I will be presented for concurrence or approval to the High Contracting Parties. This Protocol shall be ratified and the instruments of ratification shall be deposited with the Government of the Kingdom of Belgium. This Protocol shall enter into force the first day of the third month following the deposit of the third instrument of ratification.
In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Brussels, 22 July 2010, in triplicate, in Dutch and French languages both texts being equally authentic.

List of related States / OrganisationsDate authentificationType of consentementDate Consentemententree force local BELGIQUE22/07/2010Ratification03/07/201301/10/2013 LUXEMBOURG22/07/2010Ratification24/01/201201/10/2013 country-BAS22/07/2010Ratification04/01/201301/10/2013 Netherlands (European part)