22 MARCH 2006. - An Act to Accredit the Benelux Intellectual Property Convention (marks and drawings or models), made at The Hague on 25 February 2005 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Benelux Convention on Intellectual Property (marks and drawings or models), made at The Hague on 25 February 2005, will come out with its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 March 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Economy,
Mr. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006:
Senate:
Documents. - Bill tabled on 29 November 2005, No. 3-1452/1. - Report, no. 3-1452/2.
Annales parliamentarians. - Discussion. Session of February 2, 2006. - Vote. Session of February 2, 2006.
House of Representatives:
Documents. - Senate Bill No. 51-2247/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2247/2.
Annales parlementaire . - Discussion. Session of February 23, 2006. - Vote. Session of February 23, 2006.

Benelux Intellectual Property Convention (marks and drawings or models)
The Kingdom of Belgium,
The Grand Duchy of Luxembourg,
The Kingdom of the Netherlands,
Animated by the desire to:
- replace the conventions, uniform laws and amending protocols for Benelux trademarks and designs with a single convention governing both the law of trademarks and the law of designs in a systematic and transparent manner;
- provide for rapid and effective procedures as possible to adapt Benelux regulations to community regulations and international treaties already ratified by the three High Contracting Parties;
- replace the Benelux Office of Trademarks and the Benelux Office of Drawings or Models by the Benelux Organization of Intellectual Property (marks, drawings or models) assuming its mission through decision-making and execution bodies with their own and complementary skills;
- to give the new Organization a structure consistent with the current conceptions of international organizations and guaranteeing its independence, including through a protocol on privileges and immunities;
- to bring the new Organization of Enterprises into full use to enable it to undertake new tasks in the field of intellectual property and to open off-site dependencies;
- to assign to the new Organization, as a non-exclusive measure, an evaluation competence and a right of initiative with regard to the adaptation of the Benelux law of trademarks, drawings or models;
Decided to conclude a convention to that effect and appointed their Plenipotentiaries, namely:
His Excellency Mr. K. De Gucht, Minister of Foreign Affairs,
His Excellency Mr. B.R. Bot, Minister of Foreign Affairs,
His Excellency Mr. J. Asselborn, Minister of Foreign Affairs,
which, after having communicated their full powers found in due form, have agreed on the following provisions:
PART I^er
GENERAL AND INSTITUTIONAL PROVISIONS
Article 1.1
Abridged expressions
For the purposes of this Convention,:
- Paris Convention: the Paris Convention for the Protection of Industrial Property of 20 March 1883;
- Madrid Agreement: the Madrid Agreement concerning the International Registration of Marks of 14 April 1891;
- Madrid Protocol: the Protocol on the Madrid Agreement concerning the International Registration of Marks of 27 June 1989;
- Nice arrangement: the Nice Agreement of 15 June 1957 concerning the International Classification of Products and Services for the Registration of Marks;
- Hague Agreement: The Hague Agreement concerning the International Deposit of Industrial Designs of 6 November 1925;
- Community Brand Regulation: Council Regulation (EC) No 40/94 of 20 December 1993 on the Community Brand;
- Regulation on Community Designs or Models: Council Regulation (EC) No 6/2002 of 12 December 2001 on Community Designs or Models;
- TRIPS Agreement: Agreement on Trade-Related Aspects of Intellectual Property Rights of 15 April 1994; Annex 1C to the Agreement establishing the World Trade Organization;
- International Bureau: the International Bureau of Intellectual Property, as established by the Convention of 14 July 1967 establishing the World Intellectual Property Organization.
Article 1.2
Organization
1. It is established a Benelux Intellectual Property Organization (marks and drawings or models), referred to as "Organization".
2. The organs of the Organization are:
a. the Committee of Ministers referred to in the Treaty establishing the Benelux Economic Union, referred to as "the Committee of Ministers";
b. the Board of Directors of the Benelux Office of Intellectual Property (marks and drawings or models), referred to as "the Board of Directors";
c. the Benelux Office of Intellectual Property (marks and drawings or models), referred to as "the Office".
Article 1.3
Objectives
The mission of the Organization is:
a. the performance of this Agreement and the Implementing Regulations;
b. promoting the protection of trademarks and designs in the Benelux countries;
c. performing additional tasks in other areas of intellectual property law that the Board of Directors designates;
d. the permanent assessment and, if necessary, the adaptation of Benelux law in terms of marks and designs, in the light of, among other things, international and community developments.
Article 1.4
Legal personality
1. The Organization has an international legal personality to carry out the mission entrusted to it.
2. The Organization has a national legal personality and therefore has, in the territory of the three Benelux countries, the legal capacity recognized to national legal entities, to the extent necessary for the fulfilment of its mission and for the achievement of its objectives, in particular the ability to enter into contracts, acquire and dispose of furniture and real estate, receive private and public funds, and dispose of and prosecute them.
3. The Director General of the Office, referred to as "the Director General", represents the Organization in judicial and extrajudicial matters.
Article 1.5
Headquarters
1. The Organization has its headquarters in The Hague.
2. The Agency is located in The Hague.
3. Board dependencies may be established elsewhere.
Article 1.6
Privileges and immunities
1. The privileges and immunities necessary for the performance of the mission and for the fulfilment of the objectives of the Organization are set out in a protocol to be concluded between the High Contracting Parties.
2. The Organization may conclude, with one or more of the High Contracting Parties, additional agreements relating to the establishment of services of the Organization in the territory of that State or those States, with a view to the implementation of the provisions of the protocol adopted in accordance with paragraph 1 with respect to that State or those States, as well as other arrangements to ensure the proper functioning of the Organization and the safeguarding of its interests.
Article 1.7
Competences of the Committee of Ministers
1. The Committee of Ministers is empowered to make the necessary amendments to this Convention to ensure compliance with this Convention with an international treaty or with the regulations of the European Community regarding marks and drawings or models. The amendments are published in the official journal of each of the High Contracting Parties.
2. The Committee of Ministers is authorized to make further amendments to this Convention than those referred to in paragraph 1. These amendments will be submitted for approval or approval to the High Contracting Parties.
3. The Committee of Ministers is empowered, the Board of Directors heard, to mandate the Director General to negotiate on behalf of the Organization and, with its authorization, to enter into agreements with States and intergovernmental organizations.
Article 1.8
Composition and operation of the Board of Directors
1. The Board of Directors is composed of members designated by the High Contracting Parties at the level of an effective administrator and two alternate directors per country.
2. He makes his decisions unanimously.
3. He stops his rules of procedure.
Article 1.9
Competences of the Board of Directors
1. The Governing Council is empowered to make proposals to the Committee of Ministers concerning the amendments to this Convention which are essential to ensure compliance with this Convention with an international treaty or with the regulations of the European Community and with respect to other amendments to this Convention which it considers desirable.
2. It establishes the rules of execution.
3. It sets out the Agency's internal and financial regulations.
4. It refers to additional tasks, as referred to in section 1.3 sub c, in other areas of intellectual property law.
5. He decided to establish dependencies of the Agency.
6. He appointed the Director-General and, as the Director-General heard, the Deputy Director-General and exercised disciplinary powers.
7. It shall annually determine the income and expenditure budget and possibly the amended or additional budgets and shall specify in the financial regulations the terms and conditions of control that will be exercised on budgets and their implementation. It approves the annual accounts prepared by the Director-General.
Article 1.10
Director-General
1. The Board's management is provided by the Director General who is responsible for the Agency's activities to the Board of Directors.
2. The Director General is authorized, the Board of Directors heard, to delegate to the Deputy Director General the exercise of some of the powers vested in him.
3. The Director-General and Deputy Director-General are nationals of member States. The three nationalities are represented in management.
Article 1.11
Competences of the Director-General
1. The Director General shall make proposals to the Board of Directors to amend the Implementing Regulations.
2. It shall take all measures, including administrative measures, to ensure the proper execution of the Agency's tasks.
3. It executes the Agency's internal and financial regulations and makes proposals to the Board of Directors to amend them.
4. He appoints officers and exercises the hierarchical authority and the disciplinary authority in respect of them.
5. It prepares and executes the budget and prepares the annual accounts.
6. It shall take any other measures that it considers appropriate in the interests of the operation of the Agency.
Article 1.12
Organization Finance
1. The operating costs of the Organization are covered by its revenues.
2. The Board of Directors may request from the High Contracting Parties a contribution to cover extraordinary expenses. This contribution is supported for half by the Kingdom of the Netherlands and for half by the Belgian Economic Union.
Article 1.13
Intervention of national administrations
1. On the amount of taxes collected for transactions carried out through national administrations, a percentage is paid to them to cover the costs of these transactions; this percentage is set by the enforcement regulations.
2. No national tax on these transactions can be established by national regulations.
Article 1.14
Recognition of judicial decisions
The authority of judicial decisions rendered in one of the three States pursuant to this Convention shall be recognized in the other two and the deletion pronounced by the Agency at the request of the most diligent party, if:
a. According to the legislation of the country where the decision has been made, the shipment which is produced meets the requirements for its authenticity;
b. the decision is no longer subject to opposition, appeal or appeal.
Article 1.15
Benelux Court of Justice
The Benelux Court of Justice as referred to in Article 1^er of the Treaty relating to the Institution and Status of a Benelux Court of Justice shall have questions of interpretation of this Convention and of the Implementing Regulations, except for questions of interpretation relating to the protocol on privileges and immunities referred to in Article 1.6, paragraph 1^er.
Article 1.16
Scope
The application of this Convention is limited to the territory of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands in Europe, referred to as "Benelux Territory".
PART II. - MARKS
CHAPTER 1^er- Individual brands
Article 2.1
Signs that may constitute a Benelux brand
1. The names, drawings, prints, stamps, letters, numbers, forms of products or packaging are considered to be individual marks, and any other signs that may have a graphic representation to distinguish the products or services of a company.
2. However, may not be regarded as marks the signs constituted exclusively by the form that is imposed by the very nature of the product, which gives a substantial value to the product or that is necessary to obtain a technical result.
3. Without prejudice to the provisions of common law, a patronymic name may serve as a mark.
Article 2.2
Acquisition of law
Without prejudice to the right of priority provided for in the Paris Convention or the right of priority resulting from the TRIPS Agreement, the exclusive right to the mark is granted by the registration of the mark, the deposit of which was made in Benelux territory (Benelux deposit) or resulting from a registration with the International Bureau (International Deposit).
Article 2.3
Rang of deposit
The rank of the deposit is assessed taking into account the rights, existing at the time of filing and maintained at the time of the dispute, to:
a. identical trademarks for identical products or services;
b. identical or similar trademarks for identical or similar products or services, where there is a risk of confusion in the public mind that includes the risk of association with the previous trademark;
c. resembling trademarks for non-similar products or services, which have a reputation in Benelux territory, where the use, without fair cause, of the posterior mark would unduly benefit from the distinctive character or fame of the previous mark or would affect them.
Article 2.4
Restrictions
No attribute of the right to the mark:
a. the registration of a mark that, regardless of its use, is contrary to the good morals or public order of one of the Benelux countries or whose refusal or invalidation is provided for in Article 6ter of the Paris Convention;
b. the registration of a brand that is likely to mislead the public, for example, on the nature, quality or geographic origin of products or services;
c. the registration of a trademark resembling a registered collective mark for similar products or services, to which was attached a right that was extinguished in the three years preceding the filing;
d. the registration of a mark resembling an individual mark registered by a third party for similar products or services and to which was attached a right that, in the two years preceding the deposit, was extinguished by the expiry of the registration, unless there was consent of that third party or default of use of that mark, as provided for in section 2.26, paragraph 2, sub-a;
e. the registration of a mark likely to create confusion with a brand known, within the meaning of Article 6bis of the Paris Convention, belonging to a third party that is not consenting;
f. the registration of a trademark whose deposit was made in bad faith, including:
1. the deposit, made knowingly or in the inexcusable ignorance of the normal use made in good faith in the last three years on Benelux territory, of a similar mark for similar products or services, by a third party that is not consenting;
2. the deposit, made in knowledge, resulting from direct relations, of the normal use made in good faith by a third party in the last three years outside of Benelux territory, of a similar mark for similar products or services, unless there is consent of that third party or that such knowledge was acquired only after the beginning of the use that the holder of the deposit would have made of the mark on Benelux territory;
g. the registration of a mark for wines that contains a geographical indication identifying the wines or that is constituted by such an indication, or the registration of a mark for spirits that contains a geographical indication identifying the spirits or that is constituted by such an indication, with respect to the wines or spirits that do not have that origin, unless the deposit that led to that record was made in good faith before 1^er January 2000 or before the beginning of the protection of the said geographical indication in the country of origin or in the Community.
CHAPTER 2. - Filing, registration and renewal
Article 2.5
Deposit
1. The Benelux filing of trademarks is made either with national administrations or with the Agency, in the forms fixed by enforcement regulations and by payment of fees due. It shall be checked if the parts produced meet the conditions prescribed for fixing the date of deposit and the date of deposit shall be stopped. The applicant shall be informed without delay and in writing of the date of filing or, if any, of the reasons not to award it.
2. If the applicant is not satisfied with the other provisions of the Implementing Regulations at the time of filing, the applicant shall be informed promptly and in writing of the conditions to which the applicant is not satisfied and the opportunity to respond.
3. The deposit is no longer effective if, within the time limit, it is not satisfied with the provisions of the Implementing Regulations.
4. When the filing is made with a national authority, the Agency shall forward the Benelux deposit to the Agency, either without delay after receiving the filing or after it has found that the filing meets the prescribed conditions.
5. The Agency publishes the filing, in accordance with the provisions of the Implementing Regulations, where the conditions for fixing a filing date have been met and the products or services mentioned have been classified in accordance with the Nice Arrangement.
Article 2.6
Prioritization
1. The claim for a priority right arising from the Paris Convention or the TRIPS agreement is made at the time of filing.
2. The priority right referred to in Article 4 of the Paris Convention also applies to service marks.
3. The claim for a priority right may also be made by special declaration made with the Agency, in the forms fixed by enforcement regulations and by paying taxes due in the month following the filing.
4. The absence of such a claim results in the loss of priority rights.
Article 2.7
Research
The Agency conducts an aerial examination upon request.
Article 2.8
Registration
1. Without prejudice to the application of sections 2.11, 2.14 and 2.16, the registered trademark shall be registered, if satisfied with the provisions of the regulations, for the goods or services mentioned by the applicant. A registration certificate is issued to the trademark holder.
2. The applicant may, if satisfied with all the conditions referred to in section 2.5, request the Agency in accordance with the provisions of the Implementing Regulations, to proceed without delay with the registration of the filing. Sections 2.11, 2.12, 2.14, 2.16 and 2.17 apply to such registered trademarks, provided that the Agency is empowered to decide to delete the registration and that the holder of the trademark may apply for the maintenance of the registration.
Article 2.9
Duration and renewal of registration
1. The registration of a mark, which was deposited in Benelux territory (Benelux deposit), has a duration of 10 years beginning on the date of deposit.
2. The constitutive sign of the mark may not be changed during the registration period or during its renewal.
3. The registration is renewed upon request for new periods of 10 years in the forms fixed by execution regulation and subject to payment of fees due.
4. Renewals must be required and taxes paid within six months prior to the expiry of the registration. Renewals may still be required and taxes paid within six months of the expiry date of the registration, subject to the simultaneous payment of a surtax. Renewals have effect as soon as the registration expires.
5. Six months before the expiry of the registration, the Agency recalls, by written notice to the holder of the mark, the date of the expiry of the registration.
6. Recalls are sent to the last address of the licensee of the Agency's known brand. The failure to send or receive such notices does not exempt obligations arising from paragraphs 3 and 4. It may not be invoked in court or in respect of the Agency.
7. The Agency records renewals.
Article 2.10
International Deposit
1. International trademarks are deposited in accordance with the Madrid Agreement and the Madrid Protocol. The tax provided for in Article 8, under (1) of the Madrid Agreement and the Madrid Protocol, as well as the tax provided for in Article 8, under 7 (a) of the Madrid Protocol, shall be determined by the Implementing Regulations.
2. Without prejudice to the application of sections 2.13 and 2.18, the Agency shall record the international deposits for which the extension of protection to Benelux territory has been requested.
3. The applicant may request the Agency, in accordance with the provisions of the Implementing Regulations, to conduct the registration without delay. Sections 2.11, 2.12, 2.14, 2.16 and 2.17 apply to such registered trademarks, provided that the Agency is empowered to decide to delete the registration and that the holder of the trademark may apply for the maintenance of the registration.
CHAPTER 3. - Examination for absolute reasons
Article 2.11
Refusal for absolute reasons
1. The Agency refuses to register a mark when it considers that:
a. the sign may not constitute a mark within the meaning of Article 2.1, paragraphs 1^er and 2;
b. the mark has no distinctive character;
c. the mark is composed exclusively of signs or indications that may be used, in trade, to designate the species, the quality, quantity, destination, value, geographical origin or time of the production of the product or service delivery, or other characteristics of the service;
d. the brand is composed exclusively of signs or indications that have become common in the current language or in the loyal and constant habits of trade;
e. the mark is a mark referred to in section 2.4, under a, b or g.
2. The refusal to register must relate to the brand's constituent sign in its entirety. It may be limited to one or more of the products or services to which the brand is intended.
3. The Agency shall inform the applicant without delay and in writing of its intention to refuse the registration in whole or in part, and shall give the applicant the reasons and the applicant the right to reply within a period of time to be determined by enforcement regulations.
4. If the Agency's objections against registration have not been raised within the specified time limit, the registration of the mark shall be refused in whole or in part. The Agency shall inform the applicant without delay and in writing of the reasons for the refusal and mentioning the avenue of appeal against the decision referred to in section 2.12.
5. The refusal becomes final only when the decision is no longer subject to appeal or, where applicable, the decision of the appeal court is no longer subject to appeal.
Article 2.12
Appeal against refusal
1. The applicant may, within two months of the communication referred to in Article 2.11, paragraph 4, file a request with the Court of Appeal of Brussels, the Gerechtshof of The Hague or the Court of Appeal of Luxembourg for an order to register the mark.
2. Under this procedure, the Agency may be represented by a designated staff member for that purpose.
3. The Territorially Competent Court shall be determined by the applicant's address, the agent's address or the postal address mentioned at the filing. If neither the applicant nor his agent has an address or a postal address on Benelux territory, the competent court is the address chosen by the applicant.
4. The decision of the appeal court is subject to a cassation appeal, which is suspensive.
Article 2.13
Refusal for absolute reasons for international deposits
1. Article 2.11, paragraphs 1^er and 2, is applicable to international deposits.
2. The Agency shall inform the International Bureau without delay and in writing of its intention to refuse the registration, specifying the reasons for it by means of a notice of provisional refusal of the trademark protection, and shall give the applicant the power to respond to it in accordance with the provisions established by the regulations. Section 2.11, paragraph 4, is applicable.
3. Section 2.12 is applicable, provided that the territorially competent court is determined by the address of the agent or by the postal address. If none of these two addresses is located in Benelux territory, the competent court is the one chosen by the applicant.
4. The Agency shall promptly and in writing inform the International Bureau of the decision that is no longer subject to appeal and shall state its reasons.
CHAPTER 4. - Opposition
Article 2.14
Introduction of the procedure
1. The applicant or holder of an earlier mark may, within two months of the first day of the month following the publication of the filing, file with the Agency a written objection to a mark that:
a. takes place after its own, in accordance with the provisions of Article 2.3, under a and b, or
b. is likely to create confusion with its well-known brand within the meaning of Article 6bis of the Paris Convention.
2. The Licensee has the same right if authorized by the Licensee.
3. The opposition can be based on one or more previous brands.
4. The opposition is deemed to have been formed only after payment of fees due.
Article 2.15
Representation on opposition
1. Subject to paragraph 2, no person is required to be represented before the Agency.
2. Without prejudice to the second sentence of paragraph 3, natural and legal persons who have no actual and serious place of residence or industrial or commercial establishment in the European Community or in the European Economic Area shall be represented by an agent in the opposition procedure established by Articles 2.14 and 2.16.
3. Physical and legal persons who have their domicile or seat or an effective and serious industrial or commercial establishment in the European Community or in the European Economic Area may act within the framework of the opposition procedure through an employee who must file with the Agency a signed authority whose terms are set out in the Implementing Regulations. An employee of a legal entity referred to in this paragraph may also act for other legal persons who are economically related to that person, even if such other legal persons do not have an effective and serious domicile or industrial or commercial establishment in the European Community or in the European Economic Area.
4. In the event of representation, they are allowed to act as an agent:
a. an agent registered in the register with the Agency;
b. a lawyer registered in the table of the court or College or on the list of trainees of a bar located in Benelux territory;
c. a lawyer with the nationality of a Member State of the European Community or the European Economic Area, who is entitled to practise his profession in the territory of one of the Member States and who has his professional domicile in the European Community or the European Economic Area;
d. a person with the nationality of a Member State of the European Community or the European Economic Area and who is entitled to act as a representative in the context of opposition proceedings before the Office of Harmonization in the Internal Market (marks, drawings and models);
e. a person having the nationality of a Member State of the European Community or of the European Economic Area, who meets the requirement of a special professional qualification imposed to act as a representative in opposition proceedings at the central industrial property service of a Member State of the European Community or the European Economic Area and who owns his professional domicile in the European Community or the European Economic Area;
f. a person who has the nationality of a Member State of the European Community or the European Economic Area, who acts as a representative in opposition as usual for at least five years before the central service of the industrial property of a Member State of the European Community or the European Economic Area where the empowerment is not subordinate to the requirement of a special professional qualification and who owns his professional domicile in the European Community or the European Economic Community.
Article 2.16
Procedure
1. The Agency shall treat the opposition within a reasonable time in accordance with the provisions set out in the Implementing Regulations and shall respect the principle of the adversarial.
2. The opposition proceedings are suspended:
a. where the opposition is based on a trademark;
b. where an action in nullity or defecation is initiated;
c. during the period of the refusal procedure for absolute reasons;
d. on joint request of the parties.
3. The opposition procedure is closed:
a. where the opponent has lost quality to act or has not provided within the specified time limit any evidence that the right on his mark cannot be declared extinguished pursuant to section 2.26, paragraph 2, sub-a;
b. where the defendant does not react to the opposition filed. In this case, he is supposed to have waived his rights on the deposit;
c. where the opposition has become irrelevant, either because it is withdrawn, or because the opposition deposit has become irrelevant;
d. where the previous mark is no longer valid.
In these cases, a portion of the taxes paid is returned.
4. After completing the examination of the opposition, the Agency shall rule as soon as possible. When the opposition is found to be justified, the Agency refuses to record the mark in whole or in part. Otherwise, the opposition is rejected. The Agency's decision becomes final only when it is no longer subject to appeal or, where applicable, that the decision of the appeal court is no longer subject to appeal.
5. The costs are borne by the succumbing part. They are fixed in accordance with the provisions of the Implementing Regulations. The costs are not due to the partial success of the opposition. The Agency's decision on costs is binding. Its enforced execution is governed by the rules in force in the State in which it takes place.
Article 2.17
Appeal
1. The parties may, within two months after it has been decided on the opposition in accordance with Article 2.16, paragraph 4, file an application before the Court of Appeal of Brussels, the Gerechtshof of The Hague or the Luxembourg Court of Appeal for an order to cancel the Agency's decision.
2. The territorially competent court shall be determined by the address of the original defendant, the address of his agent or the postal address mentioned at the filing. If none of these addresses is located in Benelux territory, the territorially competent court shall determine by the address of the opponent or his agent. If neither the opponent nor his agent have an address or a postal address on Benelux territory, the court competent is the one chosen by the party who makes the appeal.
3. The decision of the appeal court is subject to a cassation appeal, which is suspensive.
Article 2.18
Opposition to international deposits
1. For a period of two months beginning on the first day of the month following the publication by the International Bureau, opposition may be made to the Agency at an international deposit whose extension of protection to Benelux territory has been requested. Sections 2.14 and 2.16 are applicable.
2. The Agency shall promptly and in writing inform the International Bureau of the Opposition filed while mentioning the provisions of sections 2.14 to 2.17 and the provisions relating thereto to the Implementing Regulations.
3. The Agency shall promptly and in writing inform the International Bureau of the decision that is no longer subject to appeal and shall state its reasons.
CHAPTER 5. - Rights of the licensee
Article 2.19
Registration requirement
1. With the exception of the holder of a well-known mark within the meaning of Article 6bis of the Paris Convention, no one may, irrespective of the nature of the action brought, claim a sign considered to be a mark, within the meaning of Article 2.1, paragraphs 1^er and 2, except if it can claim the registration of the mark it has filed.
2. Where applicable, the judge shall, on his or her own motion, raise the admissibility.
3. The provisions of this title in no way invalidate the right of users of a sign that is not considered to be a mark, within the meaning of Article 2.1, paragraphs 1^er and 2, to invoke common law to the extent that it allows to oppose the illegal use of this sign.
Article 2.20
Scope of protection
1. The registered trademark gives its holder an exclusive right. Without prejudice to the possible application of the common civil liability law, the exclusive right to the trademark allows the licensee to prohibit any third party, in the absence of its consent:
a. to make use in business life of a sign identical to the mark for goods or services identical to those for which the mark is registered;
b. to make use in business life, of a sign for which, because of its identity or similarity with the mark and because of the identity or similarity of the products or services covered by the mark and the sign, there is, in the mind of the public, a risk of confusion that includes the risk of association between the sign and the mark;
c. to make use in business life, of a sign identical to or similar to the mark for products or services that are not similar to those for which the mark is registered, when that mark enjoys a fame within Benelux territory and that the use of the sign without just cause unduly benefits from the distinctive character or reputation of the mark or their damage;
d. make use of a sign for purposes other than that of distinguishing products or services, where the use of this sign without fair cause unduly benefits from the distinctive character or reputation of the mark or their damage.
2. For the purposes of paragraph 1^er, means by use of a mark or a similar sign, including:
a. the display of the sign on the products or on their packaging;
b. the offer, placing in trade or holding of products for these purposes or the provision or provision of services under the sign;
c. import or export of products under the sign;
d. use of the sign in business papers and advertising.
3. The classification, adopted for the registration of marks in accordance with the Nice Agreement, is not a criterion for assessing the similarity of products or services.
4. The exclusive right to a mark written in one of the national or regional languages of Benelux territory extends fully to translations in another language. The appreciation of the likeness resulting from translations, when it comes to one or more foreign languages in the aforementioned territory, belongs to the court.
Article 2.21
Compensation and other actions
1. Under the same conditions as in 2.20, paragraph 1^er, the exclusive right to the mark allows the licensee to claim compensation for any damage that it would suffer as a result of the use within the meaning of this provision.
2. In addition to the action for reparation or instead of the action, the holder of the mark may bring an action for the sale of the benefit realized as a result of that use, as well as for the surrender of the benefit in that regard; the court will reject the application if it considers that this use is not in bad faith or that the circumstances of the case do not give rise to such conviction.
3. The holder of the mark may bring the action in compensation or in transfer of the benefit on behalf of the Licensee, without prejudice to the right granted to the Licensee in section 2.32, paragraphs 4 and 5.
4. The holder of the mark may require a reasonable compensation from the person who, during the period between the date of publication of the deposit and the date of registration of the mark, carried out acts as referred to in section 2.20, to the extent that the holder of the mark acquired exclusive rights in that respect.
Article 2.22
Additional requests
1. The owner of the mark has the power to claim the ownership of the movable property that infringed his or her right or property that was used in the production of these goods or to require destruction or non-use. Such a claim may be exercised in respect of amounts of money alleged to have been collected as a result of the breach of trademark law. The application will be rejected if the breach has not been brought in bad faith.
2. The provisions of national law relating to the precautionary measures and the forced execution of judgements and authentic acts are applicable.
3. The court may order that the grant shall be made only against payment by the plaintiff of an allowance that it fixes.
4. At the request of the trademark holder, the court may order the infringer to provide the licensee with all the information available to it regarding the origin of the property that has infringed the mark and to provide it with all the data related to it.
Article 2.23
Restriction on exclusive right
1. The exclusive right does not imply the right to oppose the use by a third party in business life:
a. its name and address;
b. information relating to the species, the quality, quantity, destination, value, geographic origin, the time of production of the product or service delivery or other characteristics of the service;
c. of the mark where necessary to indicate the destination of a product or service, including as accessories or spare parts;
provided that this use is made in accordance with the honest industrial or commercial uses.
2. The exclusive right to the trademark does not imply the right to object to the use, in business life, of a similar sign that derives its protection from an earlier right of local scope, if this right is recognized under the legal provisions of one of the Benelux countries and within the limits of the territory in which it is recognized.
3. The exclusive right does not imply the right to object to the use of the mark for products that have been put in the trade in the European Community or the European Economic Area under that mark by the holder or with his consent, unless legitimate reasons justify that the holder opposes the subsequent marketing of the products, in particular when the condition of the products is changed or altered after they are placed in the trade.
Article 2.24
Forclusion by tolerance and opposition to use
1. The holder of an earlier mark that has tolerated the use of a posterior mark registered for a period of five consecutive years in knowledge of that use, shall no longer oppose the use of the posterior mark under section 2.20, paragraph 1^er, under a, b and c, for products or services for which this mark has been used, unless the subsequent mark has been deposited in bad faith.
2. The tolerance of the use of a registered posterior mark within the meaning of paragraph 1^er, does not give the holder of the registered posterior mark the right to oppose the use of the previous mark.
CHAPTER 6. - Radiation, termination of the law and nullity
Article 2.25
Radiation on request
1. The holder of a Benelux brand may at any time require the delisting of its registration.
2. However, if a licence has been registered, the deletion of the trademark registration may only be effected on a joint request of the trademark holder and the Licensee. The provision of the previous sentence applies in the event of registration of a right of gage or seizure.
3. Radiation has effect for the entire Benelux territory.
4. The waiver of protection resulting from an international deposit, limited to part of Benelux territory, has effect for the entire territory, notwithstanding any contrary statement by the licensee.
5. Voluntary radiation may be limited to one or more of the products or services for which the mark is registered.
Article 2.26
Extinction of law
1. The right to the mark is extinguished:
a. by voluntary radiation or the expiry of the registration of the mark;
b. by the deletion or expiry of the international registration, or by the waiver of protection for Benelux territory or, in accordance with the provisions of Article 6 of the Madrid Agreement and Protocol, as a result of the fact that the trademark no longer enjoys legal protection in the country of origin.
2. The right to the mark shall be declared extinguished within the limits set out in section 2.27, to the extent that, after the date of registration:
a. there was, without just cause, no normal use of the brand in Benelux territory for products or services for which the mark is registered, for an uninterrupted period of five years; in the event of a dispute, the court may put, in whole or in part, the burden of proof to the holder of the mark;
b. the mark has become, by virtue of the activity or inactivity of its holder, the usual designation in the trade of a product or service for which it is registered;
c. the mark, as a result of the use made by the licensee or with its consent, for the products or services for which it is registered, is likely to mislead the public, including the nature, quality or geographic origin of such products or services.
3. For the purposes of paragraph 2, subparagraph (a), the mark shall also be used:
a. the use of the mark in a form that differs by elements that do not alter its distinctive character in the form in which it was registered;
b. the marking on products or their packaging for the sole purpose of export;
c. use of the mark by a third party with the consent of the trademark holder.
Article 2.27
Invocation of the termination of the right
1. Any interested person may invoke the termination of the right to the mark in the cases provided for in section 2.26, paragraph 2.
2. The termination of the right to the mark pursuant to the provision provided for in section 2.26, paragraph 2 (a), may no longer be invoked if, between the expiry of this five-year period and the submission of the application for a termination, the mark was the subject of a commencement or resumption of normal use. However, the beginning or resumption of use that takes place within three months of the submission of the application for a waiver is not taken into consideration when preparations for the commencement or resumption of use occur only after the licensee has learned that a request for a waiver could be submitted.
3. The holder of the right to the mark whose termination may no longer be invoked under the second paragraph may not object under section 2.20, first paragraph, subparagraph (a), (b) and (c), to the use of a mark that was deposited during the period during which the right before the mark could be declared extinguished under section 2.26, second paragraph, under (a).
4. The holder of the right to the mark whose termination may no longer be invoked under the second paragraph shall not, in accordance with the provision of section 2.28, third paragraph, invoke the invalidity of the registration of a mark that was deposited during the period during which the right before the mark could be declared extinguished under section 2.26, second paragraph, under (a).
Article 2.28
Invocation of invalidity
1. Any interested person, including the Public Prosecutor ' s Office, may invoke nullity:
a. of the registration of the sign that cannot constitute a mark within the meaning of Article 2.1, paragraphs 1^er and 2;
b. the registration of the mark that is not distinctive;
c. of the registration of the mark that is composed exclusively of signs or indications that may be used in the trade to designate the species, the quality, quantity, destination, value, geographical origin or time of the production of the product or service delivery, or other characteristics of the service;
d. the registration of the mark that is composed exclusively of signs or indications that have become common in the current language or in the loyal and constant habits of trade.
e. of the registration of the mark that is not attributable to the right to the mark pursuant to section 2.4, sub a, b and g.
f. of the registration of the mark that is not attributable to the right to the mark pursuant to section 2.4, sub c, provided that the nullity is invoked within five years from the date of registration.
2. The courts may decide that the marks referred to in paragraph 1^er, under b, c and d, acquired after registration a distinctive character due to the use that was made of it.
3. As long as the holder of the previous registration or the third party referred to in section 2.4, under d, e and f, takes part in the action, any interested person may invoke the invalidity:
a. the registration of the mark that takes place after that of a resembling mark under the conditions set out in section 2.3;
b. the deposit that is not attributable to the right to the mark pursuant to Article 2.4, sub d, e and f; the invalidity resulting from section 2.4, sub d, shall be invoked within three years from the expiry of the previous registration; the invalidity resulting from section 2.4, under e and f, shall be invoked within five years from the date of registration. This five-year period does not apply to registrations of trademarks as referred to in section 2.4, under e, that were filed in bad faith.
4. When the nullity action is introduced by the Public Prosecutor's Office, only the courts in Brussels, The Hague and Luxembourg are competent in the cases provided for in paragraph 1^er. The action brought by the Public Prosecution Service suspends any other action brought on the same basis.
Article 2.29
Forclusion by tolerance and invocation of nullity
The holder of an earlier mark that has tolerated the use of a posterior mark registered for a period of five consecutive years in knowledge of that use, may no longer invoke the nullity of the posterior mark on the basis of its prior right under section 2.28, paragraph 3, sub-a, unless the subsequent mark has been deposited in bad faith.
Article 2.30
Scope of cancellation, termination declaration and voluntary radiation
1. The cancellation of a registration, the declaration of termination of a right to the mark or the voluntary deletion of a registration must relate to the constitutive sign of the mark in its entirety.
2. Cancellation or termination declaration shall be limited to one or more of the goods or services for which the mark is registered if the cause of nullity or termination affects only part of these products or services.
CHAPTER 7. - Transmission, licence and other rights
Article 2.31
Transmission
1. The mark may, regardless of the transfer of all or part of the establishment, be transmitted for all or part of the goods or services for which the mark has been filed or registered.
2. Are zero:
a. transfers between livers that are not recorded in writing;
b. transfers or other transmissions that are not made for the entire Benelux territory.
Article 2.32
Licence
1. The mark may be licensed for all or part of the goods or services for which the mark has been filed or registered.
2. The holder of the mark may invoke the exclusive right to the mark against a Licensee who violates the terms of the licence contract, with respect to its duration, the form covered by the registration under which the mark may be used, the products or services for which the licence is granted, the territory on which the mark may be affixed or the quality of the goods or services put in the trade by the Licensee.
3. The deletion of the registration of the licence in the registry may only be effected on a joint request by the holder of the mark and the Licensee.
4. In order to obtain compensation for the damage that he directly suffered or to be awarded a proportional share of the benefit realized by the defendant, the Licensee has the right to intervene in an action referred to in 2.21, paragraph 1^er and 2, brought by the trademark holder.
5. The Licensee may only pursue an autonomous action within the meaning of the preceding paragraph provided that the licensee has obtained authorization for that purpose.
6. The Licensee is entitled to exercise the powers referred to in 2.22, paragraph 1^er, provided that the rights granted to it are protected by these rights and provided that they have obtained the authorization of the trademark holder for this purpose.
Article 2.33
Third-party effectiveness
The assignment or other transmission or the licence shall be subject to third parties only after the registration of the deposit, in the forms fixed by the regulations of execution and by payment of the fees due, an excerpt from the deed that notices it or a related declaration signed by the parties concerned. The provision of the previous sentence applies to rights of gage and seizures.
CHAPTER 8. - Collective marks
Article 2.34
Collective marks
1. All signs so designated at the time of the deposit are considered collective marks and are used to distinguish one or more common features of products or services from different companies, which use the mark under the licensee's control.
2. The licensee shall not make use of the mark for products or services derived from its business or from a company to the direction or supervision of which it participates directly or indirectly.
3. All signs so designated at the time of filing and serving in business life to designate the geographical origin of the goods or services are also considered collective marks. Such a trademark does not authorize the licensee to prohibit a third party from using these signs in business life in accordance with the honest industrial or commercial use; in particular, such a mark may not, in particular, be opposed to a third party authorized to use such a geographical name.
Article 2.35
Analogue application
Unless otherwise provided, individual and collective marks are subject to a common regime.
Article 2.36
Deposit
1. The exclusive right to a collective mark is granted only if a regulation of use and control accompanies the filing of the mark.
2. However, in the case of an international deposit, the applicant has a period of six months from the notification of the international registration provided for in Article 3, subparagraph (4) of the Madrid Agreement and Protocol.
Article 2.37
Use and control regulations
1. The regulation of use and control of a collective mark must indicate the common characteristics of the products or services that the mark is intended to guarantee.
2. It must also determine the modalities for serious and effective control of these characteristics, with appropriate sanctions.
Article 2.38
Exception
Section 2.4, sub c, is not applicable to the registration of a collective mark by the former holder of the registration of a resembling collective mark or by his or her rightful.
Article 2.39
Recording refusal
The Agency may not record the Benelux filing of a collective mark if the regulations for use and control of that mark are not filed under the conditions set out in section 2.36.
Article 2.40
Change in the use and control regulations
1. Holders of collective marks are required to notify the Agency of any changes to the trademark use and control regulations.
2. This notification is registered by the Agency.
3. The amendment does not come into force before the notification provided for in paragraphs 1^er and 2.
Article 2.41
Persons allowed to invoke the right to the mark
1. The right to sue for the protection of a collective mark is reserved for the trademark holder.
2. However, the rules of use and control may grant persons admitted to use the mark, the right to act jointly with the holder or to join or intervene in the action taken by or against the holder.
3. Similarly, the regulations for use or control may provide that the licensee acting alone may state the particular interest of the brand's users and include in its claim for compensation the particular damage suffered by one or more of them.
Article 2.42
Persons allowed to invoke the termination of the right
1. Without prejudice to the provisions of section 2.27, any interested person, including the Public Prosecutor's Office, may invoke the termination of the right to a collective mark if the holder makes use of the mark under the conditions set out in section 2.34, paragraph 2, or authorizes or tolerates the use contrary to the provisions of the regulations for use and control.
2. When the extinction action is introduced by the public prosecutor, only the courts of Brussels, The Hague and Luxembourg are competent.
3. The action brought by the Public Ministry suspends any other action brought on the same basis.
Article 2.43
Invocation of nullity by the Public Prosecutor ' s Office
1. Without prejudice to the provisions of Article 2.28, the Public Prosecutor may invoke the invalidity of the registration of a collective mark when the regulation of use and control is contrary to public order, or when it is not in conformity with the requirements of Article 2.37.
2. The Public Prosecutor's Office may also invoke the invalidity of the amendments to the regulations of use and control that would be contrary to public order or to the provisions of section 2.37 or that would have the effect of weakening the guarantees given by the regulations to the public.
3. To decide on these actions, only the courts in Brussels, The Hague and Luxembourg are competent; They denounce the deletion of cancelled records or cancelled changes.
Article 2.44
Prohibition of use
The collective marks extinguished, cancelled and radiated, as well as those whose renewal did not take place, without being followed by the resumption, referred to in section 2.38, may not be used, in any way, during the three years following the date of the registration of extinction, cancellation, cancellation or expiry of the non-renewed registration, except by an individual who may avail himself of an earlier trademark to
CHAPTER 9. - Provisions concerning community marks
Article 2.45
Rang
Section 2.3 and section 2.28, paragraph 3, sub a, apply where the registration is based on the earlier filing of a community mark.
Article 2.46
Ancient
Section 2.3 and section 2.28, paragraph 3, subparagraph (a), apply to community marks for which seniority for Benelux territory is validly invoked in accordance with the Community Mark Regulations even if there has been a voluntary termination or expiry of the Benelux or international registration based on seniority.
Article 2.47
Invocation of the invalidity or termination of the prior right
Where the formerty of an earlier trademark right is invoked for a community trademark, the invalidity or loss of that prior right may be invoked, even if that right has already been extinguished by the voluntary deletion or expiry of the registration.
PART III. - DESSINS OR MODELES
CHAPTER 1^er. - Designs or models
Article 3.1
Drawings or models
1. A design or model is protected only to the extent that the drawing or model is new and has an individual character.
2. Is considered as drawing or model the appearance of a product or part of a product.
3. The appearance of a product is conferred, in particular, by the characteristics of the lines, contours, colors, shape, texture or materials of the product itself or its ornamentation.
4. Any industrial or artisanal product, including, inter alia, parts designed to be assembled into a complex product, packaging, presentation, graphic symbol and typographical character. Computer programs are not considered a product.
Article 3.2
Exceptions
1. Are excluded from the protection provided for in this title:
a. the characteristics of the appearance of a product that are exclusively imposed by its technical function;
b. the characteristics of the appearance of a product that must necessarily be reproduced in their exact form and dimensions so that the product in which is incorporated or to which the drawing or model is applied can mechanically be connected to another product, be placed inside or around another product, or be put in contact with another product, so that each product can fulfill its function.
2. Derogation from paragraph 1^er, under b, the characteristics of the appearance of a product that are intended to allow the assembly or multiple connection of interchangeable products within a modular system are protected by rights on a drawing or model meeting the conditions set out in 3.1, paragraph 1^er.
Article 3.3
New and individual character
1. A drawing or model is considered new if, on the filing date or on the priority date, no identical drawings or templates were disclosed to the public. Drawings or models are considered identical when their characteristics differ only by insignificant details.
2. A drawing or model is considered to be of an individual character if the overall impression that this drawing or model produced on the informed user differs from that produced on such a user any drawing or model that was disclosed to the public before the filing date or priority date. To appreciate the individual character, it is taken into account the degree of freedom of the creator in drawing or model development.
3. For the assessment of novelty and individual character, a design or design is deemed to have been disclosed to the public if this design or model has been published after registration or otherwise, or exhibited, used in trade or made public in any other manner, unless these facts, in normal business practice, could not reasonably be known to the specialized circles of the sector concerned, operating in the European Community or the European Economic Area, before the date of filing or However, the design or model is not deemed to have been disclosed to the public only because it was disclosed to a third party on explicit or implicit terms of secrecy.
4. For the purpose of assessing novelty and individuality, it is not taken into account the disclosure to the public of a design or design, for which protection is claimed under a registration, if, within twelve months before the filing date or the priority date:
a. the disclosure was made by the creator or his rightful person or by a third party on the basis of information provided or acts performed by the creator or his rightful person, or
b. the disclosure was made as a result of improper conduct with respect to the creator or his or her rightful person.
5. The right of priority is defined in Article 4 of the Paris Convention. This right may be claimed by a person who has regularly introduced a drawing or model application or a utility model in one of the countries parties to the said Convention or the TRIPS agreement.
Article 3.4
Complex product parts
1. A drawing or model applied to a product or incorporated in a product that constitutes a piece of a complex product is considered to be new and of an individual character only to the extent that:
a. the part, once incorporated in the complex product, remains visible during normal use of this product, and
b. the visible features of the part fulfil as such the conditions of novelty and individual character.
2. For the purposes of this title, a complex product consists of multiple parts that can be replaced in such a way as to allow the dismantling and winding of the product.
3. By normal use within the meaning of paragraph 1^er, we hear the use by the end user with the exception of maintenance, service or repair.
Article 3.5
Acquisition of law
1. Without prejudice to the right of priority, the exclusive right to a drawing or model is granted by the registration of the deposit, carried out in Benelux territory with the Office (Benelux Deposit), or carried out with the International Bureau (International Deposit).
2. In the event of a deposit contest, if the first deposit is not followed by the publication provided for in Article 3.11, paragraph 2, of this Agreement or Article 6, subparagraph 3 of the Hague Agreement, the subsequent filing shall be the first deposit.
Article 3.6
Restrictions
Within the limits of sections 3.23 and 3.24, paragraph 2, the registration is not attributable to the right to a drawing or model when:
a. drawing or model e²conflicts with an earlier design or design that has been disclosed to the public after the date of filing or the date of priority and that has been protected, since a previous date, by an exclusive right deriving from a community drawing or model, from the registration of a Benelux repository, or from an international filing;
b. is made use of an earlier mark in the drawing or model without the consent of the holder of that mark;
c. a work protected by copyright without the consent of the copyright holder in the drawing or model;
d. the drawing or model constitutes an abusive use of one of the elements listed in Article 6ter of the Paris Convention;
e. the drawing or model is contrary to the good customs or public order of one of the Benelux countries;
f. the repository does not sufficiently reveal the characteristics of the drawing or model.
Article 3.7
Claim of deposit
1. Within a period of five years from the publication of the repository's registration, the creator of the drawing or model, or the person who, according to section 3.8, is considered to be creator, may claim the right to the Benelux repository or the rights deriving, for Benelux territory, from the international filing of that drawing or model, if the deposit was made by a third party, without his consent; it may for the same reason invoke the invalidity of the registration of this deposit or of these rights without limitation in time. The claim action will be registered with the Agency at the request of the applicant in the forms set out by enforcement regulations and by payment of the fees due.
2. If the applicant referred to in paragraph 1^er has required the total or partial deletion of the Benelux deposit, or has waived the rights of the Benelux territory of the international deposit, that deletion or renunciation shall, subject to paragraph 3, have no effect with respect to the creator or the person who, under section 3.8, is deemed to be a creator, provided that the deposit has been claimed before the deletion of the deletion period^er.
3. If in the range of the deletion or renunciation referred to in paragraph 2, and the registration of the claim action, a third party in good faith has exploited a product that has an identical aspect or does not produce a different overall impression on the informed user, this product will be considered to be lawfully placed on the market.
Article 3.8
Rights of employers and policy donors
1. If a drawing or model has been created by a worker or employee in the exercise of his or her employment, the employer shall, unless otherwise stipulated, be considered creative.
2. If a design or model has been created on order, the one who has placed the order will be considered, unless otherwise specified, as a creator, provided that the order has been placed for commercial or industrial use of the product in which the drawing or model is incorporated.
CHAPTER 2. - Filing, registration and renewal
Article 3.9
Deposit
1. The Benelux repository of drawings or models is made either from national administrations or from the Agency, in the forms fixed by execution regulations and by payment of fees due. The Benelux repository can include either a single drawing or model (single deposit) or several (multiple deposit). It shall be checked if the parts produced meet the conditions prescribed for fixing the deposit date and the date of deposit shall be stopped. The applicant shall be informed without delay and in writing of the date of filing or, if any, of the reasons not to award it.
2. If the applicant is not satisfied with the other provisions of the Implementing Regulations at the time of filing, the applicant shall be informed promptly and in writing of the conditions to which the applicant is not satisfied and the opportunity to respond.
3. The deposit is no longer effective if, within the time limit, it is not satisfied with the provisions of the Implementing Regulations.
4. When the filing is made with a national authority, the Agency shall forward the Benelux deposit to the Agency, either without delay after receiving the filing or after it has found that the filing meets the conditions prescribed in paragraphs 1^er 3.
5. Without prejudice, with respect to Benelux filings, to the application of section 3.13, the filing of a design or design may not, on the merits, result in any examination whose conclusions may be opposed to the applicant by the Agency.
Article 3.10
Prioritization
1. The claim for the right of priority is made at the time of filing or by special declaration made with the Agency within the month following the filing, in the forms determined by the enforcement regulations and by payment of the fees due.
2. The absence of such a claim results in the loss of priority rights.
Article 3.11
Registration
1. The Agency promptly records the Benelux filings, as well as the international filings that have been published in the "International Bulletin of Designs or Models - International Design Gazette" and for which applicants have requested that they produce their effects in Benelux territory.
2. Without prejudice to the provisions of sections 3.12 and 3.13, the Agency shall publish as soon as possible the records of the Benelux filings in accordance with the Implementing Regulations.
3. If the publication does not sufficiently reveal the characteristics of the drawing or model, the applicant may request the Agency, within the time limit set for that purpose, to make a new publication without charge.
4. From the publication of the drawing or model, the public may be aware of the recording as well as of the pieces produced at the repository.
Article 3.12
Adjournment of publication on request
1. The applicant may request, at the Benelux filing, that the publication of the registration be adjourned for a period that may not exceed a period of twelve months beginning on the date of filing or on the date that the right of priority arises.
2. If the applicant makes use of the faculty provided for in paragraph 1^er, the Agency adjourns the publication in accordance with the application.
Article 3.13
Public order and morality contract
1. The Agency shall adjourn the publication if it considers that the drawing or model falls under the application of section 3.6, under e.
2. The Agency shall notify the applicant and invite him to withdraw his deposit within two months.
3. Where, at the expiry of this period, the interested party has not withdrawn its filing, the Agency shall invite the Public Prosecutor's Office, as soon as possible, to introduce an action to invalidate the filing.
4. If the Public Prosecutor's Office is of the opinion that it is not necessary to bring such action or when the action is rejected by a judicial decision that is no longer subject to opposition, appeal or appeal, or appeal in cassation, the Agency shall publish without delay the registration of the drawing or model.
Article 3.14
Duration and renewal of registration
1. The registration of a Benelux deposit has a duration of five years beginning on the date of filing. Without prejudice to the provisions of section 3.24, paragraph 2, the drawing or model object of the repository may not be modified for the duration of the registration or for the occasion of its renewal.
2. It can be renewed for four successive five-year periods up to a maximum of 25 years.
3. Renewal is made by the only payment of the tax fixed to this effect. This tax must be paid within twelve months of the expiry of the registration; 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.
4. Renewal may be limited to only part of the drawings or models included in a multiple repository.
5. Six months prior to the expiration of the first to the fourth registration period, the Agency recalls the date of this expiry by a notice to the drawing or model holder and to third parties whose drawing or model rights were recorded in the registry.
6. The Agency's recalls are sent to the last address that the Agency knows. The failure to send or receive such notices does not exempt obligations arising from paragraph 3. It may not be invoked in court or in respect of the Agency.
7. The Agency records and publishes renewals in accordance with the Implementing Regulations.
Article 3.15
International deposits
International deposits are made in accordance with the provisions of the Hague Agreement.
CHAPTER 3. - Rights of the licensee
Article 3.16
Scope of protection
1. Without prejudice to the possible application of the common civil liability law, the exclusive right to a drawing or model allows the holder to object to the use of a product in which the drawing or model is incorporated or to which the drawing is applied and having an identical aspect to the drawing or model as it has been filed, or that does not produce on the informed user a different overall impression, taking into account the degree of freedom of the creator in the development of the drawing.
2. In particular, manufacturing, supply, marketing, sale, delivery, leasing, import, export, exposure, use, or detention for any of these purposes is meant by use.
Article 3.17
Compensation and other actions
1. The exclusive right allows the licensee to claim compensation for the acts listed in section 3.16, only if such acts have taken place after the publication referred to in section 3.11, sufficiently revealing the characteristics of the drawing or model.
2. In addition to the action for reparation or instead of the action, the proprietor of the exclusive right may bring an action for the sale of the benefit made following the acts referred to in section 3.16, in the circumstances referred to in paragraph 1^er this article, as well as its accountability in this regard. The court will reject the application if it considers that the acts considered have not been carried out in bad faith or that the circumstances of the case do not result in a conviction to the assignment of the profit illicitly realized.
3. The holder of the exclusive right to a drawing or model may bring the action in compensation or in assignment of benefit on behalf of the Licensee, without prejudice to the right granted to the Licensee in section 3.26, paragraph 4.
4. From the date of filing, a reasonable allowance may be required from the person who, in the knowledge of the deposit, has performed acts as referred to in section 3.16, to the extent that the licensee has acquired exclusive rights in that respect.
Article 3.18
Additional requests
1. The proprietor of the exclusive right to a drawing or model has the power to claim the ownership of the movable property that has infringed his or her right or property that has been used in the production of these goods or to require destruction or non-use. Such a claim may apply in respect of amounts of money alleged to have been collected as a result of the infringement of the exclusive right to a drawing or model. The application will be rejected if the breach has not been brought in bad faith.
2. The provisions of national law relating to the precautionary measures and the forced execution of judgements and authentic acts are applicable.
3. The court may order that the grant shall be made only against payment by the plaintiff of an allowance that it fixes.
4. At the request of the proprietor of the exclusive right to a drawing or model, the court may order the perpetrator of the infringement to provide the licensee with all the information available to it regarding the origin of the goods that have infringed the drawing or model and to provide it with all the relevant data.
Article 3.19
Restriction on exclusive right
1. The exclusive right to a design does not imply the right to object:
a. for private and non-commercial acts;
b. acts performed for experimental purposes;
c. for acts of reproduction for purposes of illustration or teaching, provided that such acts are consistent with loyal business practices, do not unduly prejudice the normal exploitation of the drawing or model and that the source is indicated.
2. In addition, the exclusive right to a drawing or model does not imply the right to object:
a. equipment on ships or aircraft registered in another country when temporarily entering Benelux territory;
b. the importation of spare parts and accessories to Benelux territory for the purpose of repairing these vehicles;
c. the performance of repairs on these vehicles.
3. The exclusive right to a drawing or model that constitutes a piece of a complex product does not imply the right to object to the use of the drawing or model for the purpose of repairing this complex product with a view to making it its original appearance.
4. The exclusive right to a drawing or model does not imply the right to object to acts referred to in Article 3.16 relating to products that have been put in circulation in one of the Member States of the European Community or the European Economic Area, either by the holder or with his consent, or to acts referred to in Article 3.20.
5. Actions may not relate to products that have been put in circulation in Benelux territory before deposit.
Article 3.20
Right to personal possession
1. A personal right of possession is recognized to the third party who, before the date of filing a drawing or model or before the priority date, manufactured in Benelux territory products having an identical appearance to the drawing or model deposited or not producing on the user a different overall impression.
2. The same right is recognized to the person who, under the same conditions, gave a beginning of execution to his intention to manufacture.
3. However, this right will not be recognized to the third party who copied, without the consent of the creator, the drawing or model in question.
4. The right of personal possession allows the licensee to continue or, in the case referred to in paragraph 2 of this section, to undertake the manufacture of these products and to perform, notwithstanding the right of registration, all other acts referred to in section 3.16, excluding the importation.
5. The right of personal possession may only be transmitted to the institution in which the acts which gave birth were taken place.
CHAPTER 4. - Radiation, termination of the law and nullity
Article 3.21
Radiation on request
1. The holder of the registration of a Benelux repository may at any time require the deletion of that registration, unless there are contractual third-party rights in court and notified to the Agency.
2. In the event of multiple deposition, the delisting may cover only a portion of the drawings or models included in this deposition.
3. If a licence has been registered, the delisting of the drawing or model can only be done on a joint request of the drawing or model holder and the Licensee. The provision of the previous sentence applies in the event of registration of a right of gage or seizure.
4. Radiation has effect for the entire Benelux territory, notwithstanding any statement to the contrary.
5. The rules set out in this article are also applicable to the waiver of the protection resulting for Benelux territory of an international repository.
Article 3.22
Extinction of law
Subject to the provisions of Article 3.7, paragraph 2, the exclusive right to a drawing or model shall cease:
a. by voluntary delisting or expiration of the registration of the Benelux deposit;
b. by the expiry of the registration of the international deposit or by the waiver of the rights to the Benelux territory of the international deposit or by the deletion of the international deposit referred to in Article 6, paragraph 4, subparagraph (c), of the Hague Agreement.
Article 3.23
Invocation of invalidity
1. Any interested person, including the Public Prosecutor's Office, may invoke the invalidity of the registration of a drawing or model if:
a. the drawing or model does not meet the definition referred to in section 3.1, paragraphs 2 and 3;
b. the drawing or model does not meet the conditions set out in section 3.1, paragraph 1^erand Articles 3.3 and 3.4;
c. the drawing or model falls under the application of section 3.2;
d. if this recording is not attributable to the right to drawing or model under 3.6, under e or f.
2. Only the applicant or holder of an exclusive right to a drawing or model deriving from the registration of a community drawing or model, a Benelux registration or an international repository may invoke the invalidity of the registration of the posterior repository of a drawing or model that is in conflict with its right, if the registration of the repository is not attributable of the right to drawing or model under the terms of the article has.
3. Only the holder of an earlier trademark right or the holder of an earlier copyright may invoke the invalidity of the registration of the Benelux deposit or the deriving rights for the Benelux territory of an international repository of that drawing or model, if no right to a drawing or model is acquired under section 3.6, sub b, respectively under c.
4. Only the interested person may invoke the invalidity of the recording of the drawing or model, if no right to the drawing or model is acquired under Article 3.6, sub-d.
5. Only the creator of a drawing or model as referred to in 3.7, paragraph 1^er, may, under the conditions referred to in this article, invoke the invalidity of the registration of a drawing or model made by a third party without its consent.
6. The invalidity of the registration of a drawing or model may be pronounced even after termination of the right or waiver of that right.
7. When the nullity action is introduced by the Public Ministry, only the courts of Brussels, The Hague and Luxembourg are competent. The action brought by the Public Ministry suspends any other action brought on the same basis.
Article 3.24
Scope of cancellation, termination declaration and voluntary radiation
1. Subject to the provisions of paragraph 2, the cancellation, voluntary deletion and renunciation shall relate to the drawing or model in its entirety.
2. If the registration of a drawing or model deposit may be cancelled under section 3.6, subb, c, d or e, and section 3.23, paragraph 1^er, in b and c, the repository may be maintained in a modified form, if in that form, the drawing or model meets the criteria for granting protection and that the identity of the drawing or model is retained.
3. By the maintenance referred to in paragraph 2, the registration may be heard with a partial waiver by the holder of the right or the registration of a judicial decision that is no longer subject to opposition, appeal or appeal, or to appeal in cassation, pronouncing the partial invalidity of the registration of the deposit.
CHAPTER 5. - Transmission, licence and other rights
Article 3.25
Transmission
1. The exclusive right to a drawing or model can be transmitted.
2. Are zero:
a. transfers between livers that are not recorded in writing;
b. transfers or other transmissions that are not made for the entire Benelux territory.
Article 3.26
Licence
1. The exclusive right to a drawing or model may be the subject of a licence.
2. The holder of the drawing or model may invoke the exclusive right to a drawing or model against a Licensee who contravenes the terms of the licence contract, with respect to its duration, the form covered by the registration under which the drawing or model may be used, the products for which the license was granted and the quality of the products put in the trade by the Licensee.
3. The deletion of the registration of the licence in the registry may only be effected on a joint request of the design holder and the Licensee.
4. In order to obtain compensation for the damage he suffered directly or to be awarded a proportional share of the benefit realized by the defendant, the Licensee has the right to intervene in an action referred to in article 3.17, paragraphs 1 and 2, brought by the holder of the exclusive right to a drawing or model. The Licensee may not pursue an autonomous action within the meaning of Article 3.17, paragraphs 1^er and 2, that provided that the licensee has obtained the exclusive right to that end.
5. The Licensee is entitled to exercise the powers referred to in Article 3.18, paragraph 1^er, provided that the rights granted to him or her are protected by these rights and provided that they have obtained the authorization of the holder of the exclusive right to a drawing or model.
Article 3.27
Third-party effectiveness
The assignment or other transmission or the licence shall be subject to third parties only after the registration of the deposit, in the forms fixed by execution regulations and by payment of the fees due, an excerpt from the record which found it or a related declaration signed by the parties concerned. The provision of the previous sentence applies to rights of gage and seizures.
CHAPTER 6. - Cumulus with copyright
Article 3.28
Cumul
1. The authorisation given by the creator of a work protected by copyright to a third party, to make a drawing deposit or model in which this work of art is incorporated, implies the transfer of copyright relating to this work, as it is incorporated in this drawing or model.
2. The applicant of a design or model is also presumed to be the copyright holder of the drawing or model; However, this presumption does not play in respect of the true creator or his rightful being.
3. The assignment of copyright relating to a drawing or model, entails the assignment of the right of drawing or model and vice versa, without prejudice to the application of Article 3.25.
Article 3.29
Copyright of employers and donors
Where a drawing or model is created under the conditions referred to in Article 3.8, the copyright relating to that drawing or model shall be vested in the copyright of the person who is considered to be creator in accordance with the provisions of this Article.
PART IV
PROVISIONS FOR MARKS AND LEASTS
CHAPTER 1^er. - Register of Agents
Article 4.1
General provisions concerning the register of agents
1. The Agency shall maintain, in accordance with the provisions set out in the Implementing Regulations, a register of agents in marks and drawings or models to determine who meets the requirements for the exercise of the proxy activity in marks and drawings or models under this Agreement. The register is made available free of charge to the public.
2. Any person in possession:
a. a degree recognized by the Board of Directors or a similar supporting document, or
b. of a certificate issued by the Director General, which appears to have passed a suitability test, or
c. derogation from the requirement to produce a document as referred to in (a) or (b) granted by the Director-General may be registered, at his request, in the register referred to in the first paragraph.
3. The Board of Directors recognizes a degree as referred to in paragraph 2, subparagraph (a) above, if it considers that the review conducted by the proceeding that issues the diploma leads to sufficient knowledge of the Benelux regulations and the main international instruments in the field of trademark law and the law of drawings or models and to a sufficient ability to apply them.
Article 4.2
Remedies against refusal to register or recognition of a diploma
1. In the event of refusal of registration or derogation or in the event of de-registration in the register, or in the case of refusal of recognition or withdrawal of recognition of a diploma, the interested party may, within two months after the refusal, the said de-registration or withdrawal, introduce a request to the Court of Appeal of Brussels, the Gerechtshof of The Hague or the Court of Appeal of Luxembourg to obtain an order
2. Under this procedure, the Agency may be represented by a designated staff member for that purpose.
3. The decision of the appeal court is subject to a cassation appeal, which is suspensive.
Article 4.3
Abuse by unregistered persons
Other persons may not be registered in the register referred to in section 4.1, paragraph 1^erto be known in business life as if they were registered in the aforementioned registry. The Implementing Regulations set the applicable rules.
CHAPTER 2. - Other Authority responsibilities
Article 4.4
Attributions
In addition to the powers conferred on it by the foregoing titles, the Agency is responsible for:
a. to make any changes required by the licensee to deposits and records, or resulting from notifications from the International Bureau or judicial decisions, and to inform, where appropriate, the International Bureau;
b. to publish the recordings of Benelux depositions of marks and drawings or models, as well as any other mentions required by the Implementing Regulations;
c. to issue to the request of any interested person, copy of the records;
d. provide to any person upon request information extracted from the register of agents in marks and drawings or models, as well as in the rules relating to the registration of agents in marks and drawings or models that are arrested by or under this Agreement.
CHAPTER 3. Jurisdiction
Article 4.5
Settlement of disputes
1. The courts are solely competent to decide on the actions that have their basis in this Convention.
2. Irreceivability that arises from the failure to record the mark or drawing or model deposit is covered by the registration or renewal of the mark or design, carried out during the proceeding.
3. The judge shall de-register the cancelled or extinguished records.
Article 4.6
Territorial jurisdiction
1. Except as expressly provided for in a contract of territorial jurisdiction, it shall be determined, in respect of marks or drawings or models, by the respondent's domicile or by the place where the disputed obligation was born, was or must be performed. The place of filing or recording of a mark or drawing or model may not, in any case, be used as the sole basis for determining jurisdiction.
2. Where the above criteria are insufficient to determine territorial jurisdiction, the applicant may bring the case before the court of his domicile or residence, or, if he has no domicile or residence in Benelux territory, before the court of his choice, either in Brussels or in The Hague or in Luxembourg.
3. The courts shall apply the rules defined in paragraphs 1 on their own motion.^er and 2 will expressly determine their jurisdiction.
4. The court to which the main application is pending, receives warranty requests, requests for intervention and incidental requests, and counterclaims, unless it is incompetent due to the matter.
5. The courts of one of the three countries refer, if one of the parties so requests, to the courts of one of the other countries the disputes they have before them, when these disputes are already pending or when they are related to other disputes submitted to these courts. Referral can only be requested when the causes are pending at the first level of jurisdiction. It is for the benefit of the court first seized by an introductive proceeding, unless another court has rendered a decision other than an internal order, in which case the referral is made to that other court.
CHAPTER 4. - Other provisions
Article 4.7
Direct effect
Nationals of the Benelux countries as well as nationals of countries not part of the Union constituted by the Paris Convention that are domiciled or have actual and serious industrial or commercial establishments in the Benelux territory, may, within the framework of this Agreement, claim the application to their benefit, on the whole of the said territory, of the provisions of the said Agreement, the Agreement and the Protocol of Madrid, the Agreement
Article 4.8
Other applicable rights
The provisions of this Convention shall not affect the application of the Paris Convention, the TRIPS Agreement, the Madrid Agreement and the Hague Agreement and the provisions of Belgian, Luxembourg or Dutch law which would result from the prohibitions on the use of a trademark.
Article 4.9
Taxes and deadlines
1. All taxes due for transactions with the Agency or the Agency are determined by enforcement regulations.
2. All times applicable to transactions with the Agency or the Agency that are not set out in the agreement are set by enforcement regulations.
PART V. - TRANSITIONAL PROVISIONS
Article 5.1
The Organization causing the Benelux Offices
1. The Organization is the cause of the Benelux Office of the Trademarks, established under Article 1^er of the Benelux Convention in respect of trademarks of 19 March 1962, and of the Benelux Bureau of Drawings or Models, established under Article 1^er of the Benelux Convention on Drawings or Models of 25 October 1966. The Organization shall succeed in all the rights and obligations of the Benelux Office of the Trademarks and the Benelux Office of the Drawings or Models from the date of entry into force of this Agreement.
2. The Protocol concerning the legal personality of the Benelux Office of Trademarks and the Benelux Office of drawings or models of November 6, 1981 is repealed from the date of entry into force of this Convention.
Article 5.2
Repeal of Benelux conventions in terms of brands and designs
The Benelux Convention on trademarks of 19 March 1962 and the Benelux Convention on drawings or models of 25 October 1966 are repealed from the date of entry into force of this Convention.
Article 5.3
Maintenance of existing rights
The rights that existed respectively under the Benelux Uniform Act on Marks and the Benelux Uniform Law on Designs or Models are maintained.
Article 5.4
Opening by class of opposition proceedings
Article III of the 11 December 2001 Protocol amending the Benelux Uniform Act on Marks remains applicable.
Article 5.5
First Implementing Regulation
By derogation from section 1.9, paragraph 2, the Board of Directors of the Benelux Trademarks Bureau and the Board of Directors of the Benelux Drawings or Models Bureau are authorized to jointly establish the first Implementing Regulations.
PART VI. - FINAL PROVISIONS
Article 6.1
Ratification
This Convention will be ratified. The instruments of ratification shall be deposited with the Government of the Kingdom of Belgium.
Article 6.2
Entry into force
1. Subject to paragraphs 2 and 3, this Convention shall enter into force on the first day of the third month following the deposit of the third instrument of ratification.
2. Section 2.15, Chapter 1^er Title IV and Article 4.4, sub d, come into force on a date fixed by execution regulations, different dates that may be arrested for these different provisions.
3. Section 5.5 applies provisionally.
Article 6.3
Duration of the convention
1. This Agreement shall be concluded for an indefinite period.
2. This Agreement may be denounced by each of the High Contracting Parties.
3. The denunciation shall take effect no later than the first day of the fifth year following the year of receipt of the notification by the other High Contracting Parties, or on another agreed date by the High Contracting Parties.
Article 6.4
Protocol on Privileges and Immunities
The protocol on privileges and immunities is an integral part of this Convention.
Article 6.5
Implementing Regulations
1. The performance of this Agreement shall be ensured by an enforcement regulation. It is published in the official journal of each of the High Contracting Parties.
2. In the event of a discrepancy between the text of this Convention and the text of the Implementing Regulations, the text of the Convention shall be construed.
In faith, the Plenipotentiaries signed this Agreement and put it on their seal.
Done at The Hague on 25 February 2005, in three copies, in French and Dutch, both texts being equally authentic.
Protocol on the Privileges and Immunities of the Benelux Organization in Intellectual Property (marks and drawings or models)
High Contracting Parties wishing to implement Article 1.6, paragraph 1^er of the Benelux Convention on Intellectual Property (marks, drawings or models) that the privileges and immunities necessary for the performance of the mission and for the fulfilment of the objectives of the Organization shall be established in a Protocol to be concluded between the High Contracting Parties;
The following agreed:
Article 1^er
1. For the purposes of this Protocol, the official activities of the Organization are those strictly necessary for the fulfilment of its mission as defined in Article 1.3 of the Convention.
2. The privileges and immunities granted by this Protocol to the representatives of the High Contracting Parties, their alternates, their advisers or experts, the Director General, the staff of the Organization and the experts performing functions on behalf of the Organization or carrying out missions for the Organization are not established with a view to granting personal benefits to those concerned. They have the sole purpose of ensuring, under all circumstances, the free functioning of the Organization and the full independence of the concerned.
3. For the purpose of this Protocol:
- "Organization premises" are the land and buildings used by the Organization for the exercise of its official activities;
- "architects" are all records, documents, manuscripts, electronic documents, photos, films, and audio and video recordings owned or detained by the Organization or its staff in the course of their official activities;
- the "host country" is the country where the Organization has its seat or dependency.
Article 2
1. The premises of the Organization and its archives and any documents owned or detained by it are inviolable.
2. The authorities of the High Contracting Parties in whose territory the Organization has its premises can only enter these premises with the consent of the Director General. This consent is presumed to be acquired in the event of a fire or other disaster requiring immediate protection.
3. The provision of all procedural acts required by a court in respect of the Organization in the premises of the Organization does not constitute an offence to inviolability.
Article 3
1. As part of its official activities, the Organization is granted immunity from jurisdiction and enforcement unless:
(a) to the extent that the Organization has expressly waived such immunity in a particular case;
(b) in the event of a third party's civil action concerning persons and/or property, provided that this civil action does not relate directly to the official functioning of the Organization;
(c) in the event of a civil action brought by a third party for the damage caused by an accident caused by a self-propelled vehicle belonging to the Organization or circulating on its behalf or in the event of a violation of the regulation of motor traffic of the aforementioned vehicle.
2. The property, funds and assets of the Organization, regardless of where they are located in the territory of the High Contracting Parties, shall be immune to any form of requisition, confiscation, expropriation and sequestration.
3. The Organization's assets, funds and assets also benefit from immunity in respect of any form of administrative or judicial constraint, except to the extent that it temporarily requires the prevention of accidents involving self-propelled vehicles belonging to the Organization or circulating on behalf of the Organization and the investigations to which such accidents may occur.
Article 4
1. For its official communications and the transfer of all documents, the Organization shall, in each High Contracting Party, receive the most favourable treatment granted to any other international organization by that High Contracting Party.
2. No censorship may be exercised in respect of the official communications of the Organization, regardless of the channel of communication used.
Article 5
1. As part of its official activities, the Organization, its assets, assets and revenues are exempt from direct taxes.
2. Where significant purchases of goods or services are made by the Organization for the exercise of its official activities and the price of such goods and services includes duties or taxes, appropriate arrangements shall be made by the High Contracting Parties, whenever possible, and without prejudice to the application of the Community regulations and directives, for the purpose of remission or repayment to the Organization of the amount of such fees and taxes.
3. No exemption is granted in respect of taxes and royalties which are only the mere remuneration of public utility services.
4. Assets or services that have been exempted from taxes referred to in the first and second paragraphs may be assigned to any other use than that for which the exemption was granted only in accordance with the conditions established by the host country of the headquarters or an dependency of the Organization for the benefit of which or for which the exemption was granted.
Article 6
Representatives of the High Contracting Parties, their alternates, their advisers or experts shall, at meetings of the Board of Directors or any body established by the Board of Directors and during their travel to or from the place of the meeting of the following privileges and immunities:
(a) Immunity for arrest and detention, as well as for the seizure of personal baggage, except in cases of flagrante delicto;
(b) immunity from jurisdiction, even after the end of their mission, for acts, including their writings and words, performed in the performance of their duties; such immunity does not, however, play in the case of an offence to regulate the movement of motor vehicles, committed by one of the persons referred to above, or in the case of damage caused by a self-propelled vehicle owned or driven by it;
(c) inviolability for all official documents and documents;
(d) the right to use codes and to receive documents or correspondence by special mail or sealed bags;
(e) exemption for themselves and for their legal or recognized spouses and their dependent children living in their home from any measures limiting the entry of foreigners and any registration of foreigners.
Article 7
The Director General and the agents of the Organization:
(a) enjoy, even when they have ceased to exercise their functions, immunity from jurisdiction for acts, including words and writings, performed in the performance of their duties; This immunity does not, however, play in the case of a violation of the regulation of the movement of self-propelled vehicles, committed by the Director General or an agent of the Organization, or in the case of damage caused by a self-propelled vehicle owned or driven by them;
(b) are exempt from any military service obligation;
(c) enjoy inviolability for all official documents and documents;
(d) enjoy, for themselves and for their legal or recognized spouses and their dependent children living in their homes, the same exceptions to the provisions limiting immigration and regulating the registration of aliens, as those generally recognized to staff of international organizations;
(e) enjoy, in times of international crisis, their legal or recognized spouses and their dependent children living in their homes, the same repatriation facilities as diplomatic agents.
Article 8
1. In addition to the privileges and immunities referred to in Article 7, the Director-General enjoys the privileges and immunities granted to a diplomatic officer under the Vienna Convention of 18 April 1961 on Diplomatic Relations.
2. Immunity of jurisdiction does not play in the case of civil actions arising out of the damage caused by the Director General in private life or contracts that he has entered into in private.
3. Notwithstanding paragraph 1^er, for the purposes of income and property tax, the income and assets of the Director General shall be taxable in the State in which he is considered to be a resident in accordance with the provisions of the preventive conventions of double taxation.
Article 9
The following privileges and immunities shall be enjoyed by experts performing functions on behalf of the Organization or performing missions on behalf of the Organization, as they are necessary for the performance of their functions, including during travel during the performance of their duties or during such missions:
(a) immunity from jurisdiction for acts performed in the performance of their duties, including words and writings, except in the case of a violation of the regulation of the movement of self-propelled vehicles by an expert or of damage caused by a self-propelled vehicle owned or operated by the expert; experts will continue to benefit from this immunity after the termination of their duties with the Organization;
(b) Inviolability for all official documents and documents.
Article 10
1. The High Contracting Parties are not required to grant the privileges and immunities referred to in Articles 6, 7(b) and 8:
(a) their own nationals;
(b) persons who have their permanent residence in their territory at the time they take office with the Organization and are not agents of a predecessor in law of the Organization.
2. For the purposes of this Article, a permanent residence is defined in the territory of one of the High Contracting Parties with a minimum duration within the meaning of the provisions in force within that High Contracting Party, except for years spent in the service of an international organization or a foreign mission.
Article 11
1. The Director General has the duty to lift the immunity of the agents referred to in Article 7 and of the experts referred to in Article 9 when he considers that this immunity hinders the course of justice and that it is possible to waive it without prejudice to the interests of the Organization.
2. The Board of Directors may, for the same reasons, waive the immunities granted to the Director General referred to in Article 8.
3. Each of the High Contracting Parties shall have the duty to lift the immunity of its representatives, alternates, advisers or experts referred to in Article 6, in any case where, in its opinion, immunity would hinder the action of justice and may be lifted without compromising the purposes for which it was granted.
Article 12
Each High Contracting Party reserves the right to take all appropriate precautions in the interest of its security.
Article 13
The Organization shall cooperate at any time with the competent authorities of the High Contracting Parties to facilitate good administration of justice, to ensure compliance with the police regulations and those concerning public health and inspection of work or other similar national laws and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol.
Article 14
1. Any dispute between two or more High Contracting Parties or between the Organization and one or more High Contracting Parties relating to the interpretation and application of this Protocol shall be settled by consultation, negotiation or by any other agreed means.
2. If the dispute is not settled in accordance with paragraph 1^er of this Article within three months after the written request made to that effect by one of the parties to the dispute, it shall, at the request of one of the two parties, be brought before an arbitral tribunal in accordance with the procedure set out in paragraphs 3 to 6 of this Article.
3. The arbitral tribunal consists of three members: each party to the dispute selects a member and the third member, who chairs the court, is chosen by the other two members. If either of the two parties to the dispute did not appoint an arbitrator within two months of the appointment of the other arbitrator by the other party, the latter party may request the President of the International Court of Justice to proceed with that designation. If there is no agreement between the first two members on the choice of the President of the Arbitral Tribunal within two months of their designation, one of the two parties may request the President of the International Court of Justice to appoint the President.
4. Unless the parties to the dispute decide otherwise, the arbitral tribunal shall determine its own procedure. The costs are borne by the parties to the dispute in the manner determined by the arbitral tribunal.
5. The arbitral tribunal, which shall decide by majority, shall decide on the dispute on the basis of the provisions of this Protocol and the applicable rules of international law. Its decision is final and binding on the parties to the dispute.
6. The decision of the arbitral tribunal shall be communicated to the parties to the dispute and to the Director General of the Organization.

LIST OF LIES
For the consultation of the table, see image
This Convention and its Protocol have not yet entered into force in accordance with Article 6.2 of the Convention.