Law Approving The Benelux Convention On Intellectual Property (Trademarks And Designs), Done At The Hague On 25 February 2005 (1)

Original Language Title: Loi portant assentiment à la Convention Benelux en matière de propriété intellectuelle (marques et dessins ou modèles), faite à La Haye le 25 février 2005 (1)

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Posted the: 2006-04-26 Numac: 2006015065 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 22 March 2006. -Law approving the Benelux Convention on intellectual property (trademarks and designs), done at the Hague on 25 February 2005 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Benelux Convention on intellectual property (trademarks and designs), done at the Hague on 25 February 2005, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, March 22, 2006.
ALBERT by the King: the Minister for Foreign Affairs, K. DE GUCHT. the Minister of the economy, M. VERWILGHEN Scellé of the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2005-2006: Senate: Documents. -Bill filed on 29 November 2005, no. 3 - 1452/1. -Report, n ° 3-1452/2.
Parliamentary Annals. -Discussion. Meeting of February 2, 2006. -Vote. Meeting of February 2, 2006.
House of representatives: Documents. -Project trnsmis by the Senate, no. 51-2247/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-2247/2.
Parliamentary Annals. -Discussion. Meeting of February 23, 2006. -Vote.
Meeting of February 23, 2006.

Benelux Convention on intellectual property (trademarks and designs) the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, animated by the desire to:-replace the conventions, uniform laws and protocols amending trademark and designs or models Benelux by one agreement governing both the trademark law and the law of designs in a systematic and transparent manner;
-provide quick and effective procedures as possible to adapt the Benelux legislation to Community legislation and the international treaties already ratified by the three High Contracting Parties;
-replace the Benelux Trade Mark Office and the Bureau Benelux des Dessins or models by the Benelux Organisation for intellectual property (trademarks, designs) assuming its mission through decision-making and execution bodies with expertise specific and complementary;
-give to the new organization a structure consistent with the current designs for international organizations and guaranteeing its independence, including through a Protocol on privileges and immunities;
-close the new organization of enterprises utilizing fully its powers for him allow to assume new tasks in the field of intellectual property and open dependencies outsourced offshore;
-to assign to the new organization, on a non-exclusive basis, competence of evaluation as well as a right of initiative in what concerns the adaptation of the Benelux Trademarks, designs and models law;
Have decided to conclude a convention for this purpose and have appointed as their Plenipotentiaries, namely: His Excellency Mr K. De Gucht, Minister for Foreign Affairs, his Excellency Mr. B.R. Bot, Minister for Foreign Affairs, his Excellency Mr J. Asselborn, Minister for Foreign Affairs, who, after having communicated their full powers found in good and due form, have agreed upon the following provisions: title I General provisions and institutional Article 1.1 Abbreviated Expressions for the purposes of this convention, means : - Paris convention: the Paris Convention for the protection of industrial property of March 20, 1883;
-Madrid Agreement: the Madrid Agreement concerning the international registration of marks of April 14, 1891;
-Madrid Protocol: the Protocol relating to the Madrid Agreement concerning the international registration of marks of June 27, 1989;
-Nice Agreement: the Nice Agreement of 15 June 1957 concerning the international classification of goods and services for the purposes of the registration of marks;
-Hague Agreement: the Hague Agreement concerning the international deposit of industrial designs of November 6, 1925;
-The Community trade mark regulation: Regulation (EC) No 40/94 of the Council of 20 December 1993 on the Community trade mark;
-Regulation on Community designs: Regulation (EC) No 6/2002 of 12 December 2001 on Community designs Council;
-TRIPS Agreement: the agreement on aspects of intellectual property rights affecting trade of 15 April 1994; Annex 1 c to the agreement establishing the World Trade Organization;
-International bureau: the international Bureau of intellectual property, such as that established by the Convention of 14 July 1967 establishing the intellectual property World Organisation.
Article 1.2 Organization 1. There is hereby established a Benelux Organisation for intellectual property (trademarks and designs), hereinafter referred to as 'the organization '.
2. the bodies of the Organization are: a. the Committee of Ministers referred to in the Treaty establishing the Union economic Benelux, hereinafter referred to as "the Committee of Ministers";
b. the Board of Directors of the Benelux Office for intellectual property (trademarks and designs), hereinafter referred to as "the Board";
c. the Benelux Office for intellectual property (trademarks and designs), hereinafter referred to as 'the Office '.
Article 1.3 objectives the Organization has for mission: a. the execution of the present convention and the regulations;
b. the promotion of the protection of trademarks and designs in the Benelux countries;
v. additional tasks in other areas of the law of intellectual property that refers to the Board of Directors;
d. evaluating permanent and, if necessary, adaptation of the Benelux Law on trade marks and designs or models, in the light, inter alia, the international and community developments.
Section 1.4 legal personality 1. The Organization has international legal personality for the exercise of the mission entrusted to him.
2. the Organization has national legal personality and therefore, on the territory of the three Benelux countries, the legal capacity accorded to national corporations, to the extent necessary for the accomplishment of its mission and the achievement of its objectives, in particular the capacity to conclude contracts, to acquire and dispose of movable and immovable property, to receive private and public funding and to dispose and to litigate.
3. the Director general of the Agency, hereinafter "the Director general", referred to as represents the Organization in judicial and extra-judicial matters.
Section 1.5 seat 1. The Organization has its headquarters in the Hague.
2. the Office is established in the Hague.
3. dependencies of the Office may be established elsewhere.
Article 1.6 Privileges and immunities 1. The privileges and immunities necessary for the exercise of the mission and the achievement 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 in connection with the establishment of UNIDO's services in the territory of that State or those States for the implementation of the provisions of the Protocol in accordance with the first paragraph in regard to these States, as well as other arrangements to ensure the proper functioning of the Organization and to safeguard its interests.
Article 1.7 Competences of the Committee of Ministers 1. The Committee of Ministers is empowered to the amendments to this convention that are necessary to ensure the conformity of the agreement with an international treaty or with the regulations of the Community European trademark and designs or models.
Amendments are published in the official journal of each of the High Contracting Parties.
2. the Committee of Ministers is empowered to stop other amendments to this convention as referred to in the first paragraph. These changes will be presented to the High Contracting Parties for concurrence or approval.
3. the Committee of Ministers is empowered, the Board heard, to instruct the Director-general to negotiate on behalf of the Organization and, with his permission, enter into agreements with States and intergovernmental organizations.
Section 1.8 Composition and functioning of the governing body 1. The Board of Directors is composed of members appointed by the High Contracting Parties at the rate of an effective administrator and two alternate directors by country.
2. it takes its decisions by unanimous vote.
3. it shall adopt its rules of procedure.
Section 1.9 powers of the Board of Directors 1.
The Board of Directors is entitled to make the Committee of Ministers of the proposals for amendments to this convention which are indispensable to ensure compliance of this convention with an international treaty or with the regulations of the European Community and other amendments to this convention as it deems desirable.
2. it establishes the regulations.
3. it establishes internal and financial Office regulations.
4. it

refers to additional tasks, such as referred to in article 1.3 under (c), in other areas of intellectual property law.
5. he decided the establishment of dependencies of the Office.
6. it appoints the Director-general and Executive Director heard, Assistant General managers and the disciplinary powers in respect.
7. it stops annually the budget of revenue and expenditure and possibly amending or additional and accurate budgets, in the financial regulation, the terms of the control that will be exercised on budgets and their execution. It approves the annual accounts drawn up by the Director-general.
Section 1.10 the Director general 1.
The management of the Office is provided by the Director general who is responsible for the activities of the Office to the Board of Directors.
2. the Director-general is empowered, the Board heard, to delegate the exercise of some of the powers vested in him to the Assistant Directors General.
3 the Director general and Deputy Directors General are nationals of the Member States. The three nationalities are represented within the Directorate.
Section 1.11 skills of the Director general 1. The Director-general to the Board of Directors proposals to amend the regulations.
2. it takes all measures, including administrative, to ensure the proper execution of the tasks of the Office.
3. it executes internal and financial Office regulations and made to the Board of Directors proposals to modify them.
4. He appoints officers and exercises hierarchical authority and disciplinary authority towards them.
5. it prepares and executes the budget and draws up the annual accounts.
6. it takes other measures as it sees fit in the interests of the functioning of the Office.
Article 1.12 finance organization 1. The operating costs of the Organization are covered by revenues.
2. the Board of Directors may request the High Contracting Parties a contribution to cover extraordinary expenses.
This contribution is borne half by the Kingdom of the Netherlands and half by the Belgo-Luxembourg Economic Union.
Article 1.13 involvement of national authorities 1.
On the amount of taxes levied during transactions carried out through national administrations, it is paid to a percentage to cover the costs of these operations; This percentage is fixed by the regulations.
2. no national tax on these transactions cannot be established by national regulations.
Article 1.14 recognition of judicial decisions the authority of judicial decisions rendered in one of the three States in application of the convention is recognized in the other two and pronounced judicially radiation is carried out by the Agency at the request of the most diligent party, if: a. According to the legislation of the country where the decision was rendered, the expedition that is produced fulfils the conditions necessary to establish its authenticity;
b. the decision is most likely neither opposition, appeal or appeal in cassation.
Section 1.15 Benelux the Benelux Court of Justice Court of Justice referred to in article 1 of the Treaty relating to the institution and to the Statute of a Benelux Court of Justice knows questions of interpretation of the convention and the regulations, with the exception of interpretation issues relating to the Protocol on the privileges and immunities referred to in section 1.6, paragraph 1.
Section 1.16 scope the application of the convention is limited to the territory of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands in Europe, hereinafter referred to as "Benelux territory".
TITLE II. -TRADEMARKS Chapter 1. -Individual marks Article 2.1 signs capable of constituting a trade mark Benelux 1. Are considered as individual brands names, designs, imprints, stamps, letters, numbers, shapes of products or packaging and all other signs capable of being represented graphically which serve to distinguish the goods or services of one undertaking.
2. However, cannot be considered as brands signs exclusively by the shape imposed by the nature of the product, which gives substantial value to the product or which is necessary to obtain a technical result.
3. without prejudice to the provisions of the common law, a surname may serve as a mark.
Article 2.2 Acquisition of law without prejudice to the right of priority under the Paris Convention or of the right of priority arising from the TRIPS Agreement, the exclusive right to the trade mark shall be acquired by registration of the mark, for which the deposit has been made in Benelux territory (Benelux filing) or registration at the international Bureau (international filing).
Article 2.3 rank of the rank of the deposit deposit is assessed taking into account the rights, existing at the time of filing and maintained at the time of the dispute, to: a. the identical trademarks for goods or services identical;
b. trademarks identical or similar trademarks for goods or services identical or similar, when there is, in the minds of the public, a likelihood of confusion which includes the likelihood of association with the earlier mark;
c. similar trademarks for products or services, who enjoy a reputation in the Benelux countries, where the use without due cause of the later trade mark would take unfair advantage of the distinctive character or the repute of the earlier mark or harm them.
Article 2.4 Restrictions do does not confer the right to the mark: a. the registration of a mark which, regardless of the use that is made, is contrary to morality or public order from one of the countries of the Benelux or whose refusal or invalidation are intended by article 6ter of the Paris Convention;
b. the registration of a mark which is likely to deceive the public, for example on the nature, quality or geographical origin of the goods or services;
v. the registration of a mark resembling a collective mark registered in respect of similar goods or services, to which was attached a right that goes over the three years preceding filing;
d. registration of a mark resembling an individual mark registered by a third party for similar services and products, and to which was attached a right which, during the two years preceding the filing, extinguished by the expiry of the registration, unless there is consent of the third party or non-use of the mark, as provided for in article 2.26 , paragraph 2 (a);
e. registration of a trademark liable to create confusion with a well-known mark, within the meaning of article 6bis of the Paris Convention, belonging to a third party who is not consenting;
f. registration of a mark for which the deposit has been made in bad faith, including: 1. the deposit knowingly or in inexcusable ignorance of the normal use of good faith in the past three years on the Benelux territory, of a similar mark for goods or similar services by a third party that is not consenting.
2. the deposit, made in knowledge, resulting from direct relations, normal use made in good faith by a third party in the past three years outside the Benelux territory, of a mark resembling for products or similar services, unless there is consent of the third party or that said knowledge has been gained as subsequently at the beginning of the use that the holder of the deposit would have made of the mark in Benelux territory;
g. registration of a trademark for wines which contains a geographical indication identifying wines or that consists of such an indication, or the registration of a trademark for spirits that contains a geographical indication identifying spirits or that consists of such an indication, as regards wines or spirits who have not this origin, unless the deposit which led to this record was made in good faith before 1 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. -Deposit, registration and renewal section 2.5 deposit 1. The deposit Benelux Trademark made either national administrations or the Office in the forms laid down in regulations and payment of fees due. It is checked if exhibits meet the requirements for the establishment of the filing date and the date of the deposit is stopped. The applicant is informed without delay and in writing of the date of filing or, where appropriate, of the reasons not to allocate it.
2. If it is not satisfied with the other provisions of the regulations upon filing, the applicant shall be informed without delay and in writing of the conditions under which he is not satisfied and the possibility is given to respond.
3. the deposit has more effect if, within the time limit, he is not satisfied with the provisions of the implementing regulation.
4. when the filing is done from a national authority, shall submit the Benelux filing to the Agency, either without delay after having received the deposit, or after finding that the filing meets the prescribed conditions.
5. the Office shall publish the deposit, in accordance with the provisions of the implementing regulation, when the conditions

for the establishment of a filing date have been met and that the goods or services mentioned were classified in accordance with the Nice Agreement.
Article 2.6 priority claim 1.
The claim to a right of priority under the Paris Convention or the TRIPS agreement is done at the time of filing.
2. the right of priority referred to in article 4 of the Paris Convention applies also to service marks.
3. the claim of a right of priority can also be done by special declaration made before the Office, in the forms laid down in regulations and payment of the fees payable in the month following the deposit.
4. the absence of such a claim results in the forfeiture of the right of priority.
Article 2.7 research the Agency conducts a review of prior art on request.
Section 2.8 recording 1.
Without prejudice to the application of sections 2.11, 2.14 and 2.16, the trademark is registered, if satisfied the provisions of the regulations, for the products or services mentioned by the applicant. A certificate of registration is given to the holder of the trademark.
2. the applicant may, if satisfied the conditions laid down in article 2.5, ask the Agency pursuant to the provisions of the implementing regulation, to proceed without delay to the registration of the filing. Sections 2.11 and 2.12, 2.14, 2.16, 2.17 apply to registered trademarks, on the understanding that the Agency is empowered to cancel the registration and that the holder of the trademark may request appellate maintaining the registration.
Section 2.9 duration and renewal of registration 1.
The registration of a trademark, which the deposit has been made in Benelux territory (Benelux filing), has a duration of 10 years taking courses at the date of the deposit.
2. the constitutive sign of the mark cannot be modified during the duration of the registration nor on the occasion of its renewal.
3. the registration is renewed on request for further periods of 10 years in the forms laid down in regulations and payment of fees due.
4. the renewals should be required and taxes paid in the six months preceding the expiry of the registration. Renewals can still be required and taxes paid within the six months following the date of expiry of the registration, subject to the simultaneous payment of a surcharge. Renewals have effect upon the expiry of the registration.
5. six months before the expiry of the registration, the Office points out, by a written notice to the holder of the trademark, the date of the expiration.
6. reminders are sent to the last address of the known brand of the Office holder. Failure to send or receipt of such notice does not exempt from the obligations resulting from paragraphs 3 and 4. It can be invoked in justice, nor with respect to the Office.
7. the Office recorded renewals.
Section 2.10 international filing 1. International filings of trademarks shall be in accordance with the provisions of the Madrid Agreement and the Madrid Protocol. The tax provided for in article 8 (1) of the Madrid Agreement and the Madrid Protocol, as well as the fee provided for in article 8, under 7 (a) of the Madrid Protocol are fixed by regulations.
2. without prejudice to the application of articles 2.13 and 2.18, the Office registers the international filings for which the extension of protection to the Benelux territory has been requested.
3. the applicant may request the Office, in accordance with the provisions of the implementing regulation, to proceed without delay to the registration.
Sections 2.11 and 2.12, 2.14, 2.16, 2.17 apply to registered trademarks, on the understanding that the Agency is empowered to cancel the registration and that the holder of the trademark may request appellate maintaining the registration.
CHAPTER 3. -Examination for absolute grounds Article 2.11 refusal on absolute grounds 1. The Office refuses to register a mark where it considers that: a. the sign cannot constitute a trade mark within the meaning of article 2.1, paragraphs 1 and 2;
b. the mark is devoid of distinctive character;
c. mark consists exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the product or the provision of the service, or other characteristics of the goods;
the mark is composed exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;
e. the mark is a mark referred to in article 2.4, under a, b or g. 2. The refusal to register must relate to the constitutive sign of the mark in its entirety. It may be limited to one or more of the goods or services for which the mark is intended.
3. the Office shall inform the applicant without delay and in writing of its intention to refuse registration in whole or in part, shall state it the reasons and gives the faculty to respond within a period to be determined by regulations.
4. If the objections of the Agency against the registration have not clarified within the given deadline, the registration of the mark is refused in whole or in part. The Office shall inform the applicant without delay and in writing stating the grounds for refusal and referring to remedy against this decision, referred to in article 2.12.
5. the refusal becomes final when the decision is most likely to appeal or, where appropriate, the decision of the Court of appeal is more likely to an appeal in cassation.
Section 2.12 appeal against refusal 1. The applicant may, within two months following the communication referred to in article 2.11 paragraph (4), bring before the Court of appeal of Brussels, the Gerechtshof at the Hague or the cour d'appel of Luxembourg a request tending to obtain an order for registration of the mark.
2. in the context of this procedure, the Agency may be represented by a member of staff designated for this purpose. 3. The territorially competent court is determined by the address of the applicant, the address of the representative or the postal address mentioned in the filing. If neither the applicant nor his representative have an address or a mailing address on the Benelux territory, the competent court is chosen by the applicant.
4. the decision of the appellate court is likely to an appeal in cassation, which is suspensive.
Section 2.13 refusal on absolute grounds of international deposits 1. Article 2.11, paragraphs 1 and 2, shall apply to international deposits.
2. the Office shall inform the international Bureau without delay and in writing of its intention to refuse registration, indicate the reasons by means of a notice of provisional refusal total or partial of the protection of the mark and gives the applicant the right to respond in accordance with the provisions laid down in regulations. Article 2.11, paragraph 4, shall apply.
3. article 2.12 shall apply, on the understanding that the territorially competent court is determined by the address of the representative or the mailing address. If none of these two addresses is on the Benelux territory, the competent court is chosen by the applicant.
4 the Office shall inform the international Bureau of the decision which is most likely to use and indicates the reasons without delay and in writing.
CHAPTER 4. -Opposition Article 2.14 Introduction of the procedure 1. The applicant or the holder of an earlier mark may, within a period of two months from the first day of the month following the publication of the deposit, introduce the Agency a written to an objection make that: a. ranks after his own, in accordance with the provisions of article 2.3, under a and b, or b. is likely to cause confusion with its well-known mark within the meaning of article 6bis of the Paris Convention.
2. the licensee has the same right if it is authorized by the holder.
3. the opposition can be based on one or more earlier marks.
4. the opposition shall be deemed to have been formed after the payment of the fees due.
Section 2.15 Representation in opposition 1.
Subject to paragraph 2, no one is obliged to be represented before the Office.
2. without prejudice to the second sentence of paragraph 3, natural and legal persons that have neither home nor headquarters or industrial or commercial establishment and effective in the Community European or in the European economic area shall be represented by an agent in the proceedings established by sections 2.14 and 2.16.
3. natural and legal persons who have their domicile or their seat or an industrial or commercial establishment and effective in the Community European or in the European economic area can act in the context of the opposition proceedings through an employee who must file with the Office a power of attorney signed the detailed rules are laid down in the implementing regulation. An employee of a legal person referred to in this paragraph may also act for other legal persons which are economically linked to that person, even if those other legal persons have neither home nor headquarters or industrial or commercial establishment and effective in the Community European or in the European economic area.
4. in the case of representation, are allowed to act as proxy: a. an agent registered with the Office;
b. a lawyer registered in the table in the court order or on the list of trainees of a bar located on the Benelux territory;
c. a lawyer having the nationality of a Member State of the community

European or of the European economic area, who is entitled to practise his profession on the territory of one of the Member States and having his place of business within the European Community or the European economic area;
d. a person having the nationality of a Member State of the European Community or the European economic area and which is authorized to act as representative in the context of the opposition proceedings before the Office for harmonization in the internal market (trade marks and designs);
e. a person having the nationality of a Member State of the European Community or the European economic area, which meets the requirement of a special professional qualification imposed to act as representative in the opposition proceedings with the central industrial property of a Member State of the European Community or the European economic area and which has its place of business in the Community European or the European economic area;
f. a person having the nationality of a Member State of the European Community or the European economic area, which acts as representative in opposition on a regular basis for five years at least before the central IP of a Member State of the Community European or space European economic where empowerment is not subject to the requirement of a special professional qualification and who has his place of business in the Community European or European economic area.
Article 2.16 proceedings 1. The agency deals with the opposition within a reasonable time in accordance with the provisions laid down in the implementing regulation and respects the principle of audi alteram partem.
2. the opposition procedure is suspended: a. where the opposition is based on a deposit of trademark;
b. when an action in nullity or forfeiture is committed;
c. the duration of the procedure of refusal on absolute grounds;
d. at the joint request of the parties.
3. the opposition procedure is closed: a. when the opponent has lost quality to act or within the time limit provided any document capable of establishing that the right on his mark cannot be declared extinguished pursuant to article 2.26, paragraph 2 (a);
b. when the defendant does not respond to the opposition introduced. In this case, it is supposed to have renounced its rights to the deposit;
c. when the opposition has become moot, because it is removed, either because the deposit which is the subject of the opposition has become without effect;
d. when the earlier mark is no longer valid.
In these cases, a portion of taxes paid is returned.
4. After completing the examination of the opposition, an agency ruling as soon as possible. When the opposition is acknowledged justified, the Agency refused to register the mark in whole or in part. Otherwise, the opposition is rejected. The decision of the Office becomes final only when it is more likely to appeal or, where appropriate, the decision of the Court of appeal is more likely to an appeal in cassation.
5. costs shall be borne by the losing party. They are secured in accordance with the provisions of the implementing regulation. Costs are not due in the case of partial success of the opposition. The agency decision concerning costs enforceable. Its enforcement is governed by the rules in force in the State on whose territory it is.
Article 2.17 appeal 1.
The parties may, within two months after it has ruled on the objection under section 2.16, paragraph 4, bring before the Court of appeal of Brussels, the Gerechtshof at the Hague or the cour d'appel of Luxembourg a request tending to obtain an order for annulment of the decision of the Office.
2. the territorially competent court is determined by the address of the original defendant, address of its representative, or the postal address mentioned in the filing. If none of these addresses is located on the Benelux territory, the territorially competent court is determined by the address of the opponent or his representative. If the opponent or his representative have no address or mailing address on the Benelux territory, the competent court is chosen by the party initiating the use.
3. the decision of the appellate court is likely to an appeal in cassation, which is suspensive.
Article 2.18 Opposition to international deposits 1. For a period of two months from the first day of the month following the publication by the international Bureau, opposition may be made with the Agency to an international deposit sought to be the extension of the protection in Benelux territory. Sections 2.14 and 2.16 are applicable.
2. the Office informs without delay and in writing the international Bureau of the introduced any opposition by mentioning the provisions of sections 2.14 to 2.17 and provisions y relating laid down in the implementing regulation.
3 the Office shall inform the international Bureau of the decision which is most likely to use and indicates the reasons without delay and in writing.
CHAPTER 5. -Rights of the holder Article 2.19 registration requirement 1. With the exception of the owner of a well-known mark within the meaning of article 6bis of the Paris Convention, no person shall, regardless of the nature of the action, claim to justice a sign regarded as mark, within the meaning of article 2.1, paragraphs 1 and 2, unless it can be argued the registration of the mark which he deposited.
2. where appropriate, the estoppel is raised ex officio by the judge.
3. the provisions of this title do nothing invalidate the rights of users of a sign that is not considered as a trade mark, within the meaning of article 2.1, paragraphs 1 and 2, to invoke the common law insofar as it allows to oppose the illegal use of this sign.
Article 2.20 scope of protection 1.
The registered trade mark gives its owner an exclusive right. Without prejudice to the possible application of the ordinary law governing civil liability, the exclusive right to a mark allows the proprietor to prevent all third parties not having his consent: a. to make use in the life of the business, of a sign identical to the trade mark for goods or services identical with those for which it is registered;
b. to use in the life of the business, of a sign for which, because of its identity or similarity with the mark and the identity or similarity of the goods or services covered by the trade mark and the sign, there is, in the minds of the public, a likelihood of confusion which includes the likelihood of association between the sign and the mark.
c. to use in the life of the business, of a sign identical or similar to the trade mark for goods or services which are not similar to those for which the mark is registered, where this brand has a reputation within the Benelux territory and that the use of the sign without due cause takes unfair advantage of the distinctive character or the repute of the mark or adversely affect their;
d. to make use of a sign for purposes other than to distinguish the goods or services, where use of that sign without due cause takes unfair advantage of the distinctive character or the repute of the mark or detrimental.
2. for the purposes of paragraph 1, means use of a mark or a similar sign, including: a. affixing the sign to goods or on their packaging.
b. offer, placing in trade or the detention of products for these purposes either the offer or the provision of services under the sign;
c. the import or export of the goods under the sign;
d. the use of the sign in business papers and advertising.
3. the classification adopted for the registration of marks under the Nice Agreement does not constitute a criterion for assessing the similarity of the goods or services.
4. the exclusive right to a mark in one of the national or regional language of the Benelux territory extends from right to translations in another language. The assessment of the similarity resulting from translations, when it comes to one or more foreign languages at the above territory, belongs to the Court.
Section 2.21 repair damage and other actions 1. Under the same conditions as in section 2.20, paragraph 1, the exclusive right to the trade mark enables the holder to claim compensation for any damage sustained as a result of the use within the meaning of this provision.
2. in addition to the action repair or instead of it, the holder of the mark may bring an action in transfer of the profit realized as a result of this use, as well as accountability in this 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 trademark may bring the action repair or assignment of the benefit on behalf of the licensee, without prejudice to the right granted him in article 2.32, paragraphs 4 and 5.
4. the holder of the mark may require reasonable compensation from that during the period between the date of publication of the deposit and the date of registration of the mark, carried out acts such as referred to in article 2.20, insofar as the holder of the trademark has acquired exclusive to this title rights.
Section 2.22 requests additional 1. The trademark holder has the ability to claim ownership of movables which have interfered with his

right or property used in the production of these goods or to require the destruction or putting out of use. Such claim may if exercise in respect of the sums of money allegedly have been collected as a result of the infringement of the trademark right. The application will be rejected if the infringement has not been brought in bad faith.
2. the provisions of national law relating to provisional measures and the enforcement of judgments and authentic instruments are applicable.
3. the Court may order the issuance will be made against payment by the applicant of compensation to be fixed.
4 at the request of the holder of the trademark, the tribunal may order the author of the infringement of his right to provide to the licensee all information available to it concerning the origin of the goods that have infringed the trade mark and transmit all the data.
Section 2.23 Restriction Law exclusive 1. The exclusive right does not imply the right to oppose the use by a third party in the life of the business: a. name and address;
b. indications concerning the species, quality, quantity, destination, value, geographical origin, the time of production of the product or providing the service, or other characteristics thereof;
c. the trademark when it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare.
insofar as this use is made in accordance with honest practices in industrial or commercial matters.
2. the exclusive right to the mark is not entitled to oppose the use, in the life business, a similar sign which takes its protection of a prior right of local scope, if that right is recognized under the legislation of one of the countries of the Benelux and within the limits of the territory where it is recognized.
3. the exclusive right does not imply the right to oppose to the use of the mark for goods which have been put on the market in the European Community or the European economic area under that mark by the proprietor or with his consent, unless legitimate reasons justify that proprietor in opposing further commercialisation of products especially where the condition of the goods is changed or impaired after putting them in trade.
Article 2.24 foreclosure by tolerance and opposition to use 1. The holder of an earlier mark which has tolerated the use of a subsequent trade mark registered for a period of five consecutive years with knowledge of this use, can no longer oppose the use of the later trade mark under section 2.20, paragraph 1(a), (b) and (c) for the goods or services for which that trade mark has been used, unless the deposit of the later trade mark was made in bad faith.
2. tolerance of the use of a subsequent trade mark registered within the meaning of paragraph 1, does not give the holder of the later registered trademark the right to oppose to the use of the earlier mark.
CHAPTER 6. -Radiation, extinction of the right and invalidity Article 2.25 Radiation on request 1. The holder of a Benelux trademark may at any time request the cancellation of its registration.
2. However, if a licence has been registered, the cancellation of the registration of the mark can be accomplished only at the joint request of the owner of the trademark and the licensee. The provision of the preceding sentence shall apply if registration of a right of pledge or a seizure.
3. the cancellation has effect for the whole of the Benelux.
4. the renunciation of protection resulting from an international deposit, limited to part of the Benelux territory, has effect for the whole of this territory notwithstanding any contrary declaration by the holder.
5. Voluntary cancellation may be limited to one or more products or services for which the mark is registered.
Section 2.26 extinguishment of the right 1. The right to the mark goes: a. by voluntary cancellation or expiration of the registration of the mark;
b. the cancellation or expiry of the international registration, or the renunciation of protection for the Benelux territory or, pursuant to the provisions of article 6 of the agreement and the Madrid Protocol, as a result of the fact that the brand has over legal protection in the country of origin.
2. the right to the mark is declared extinguished within the limits set in article 2.27, in the measure where, after the date of registration: a. it was, without just cause, no normal use of the mark in Benelux territory for the goods or services for which the mark is registered, for an uninterrupted period of five years;
in case of dispute, the Court may set, in whole or in part, the burden of proof to charge the holder of the trademark;
b. the brand became, by the fact of the activity or inactivity of the proprietor, the common name in the trade for a product or service for which it is registered;
c. mark, as a result of the use which is made by the holder or with his consent, for the goods or services for which it is registered, is likely to mislead the public, particularly on the nature, quality or geographical origin of those goods or services.
3. for the purposes of subparagraph 2, under a, also means by use of the mark: a. the use of the mark in a form differing in elements which do not alter its distinctive character in the form in which it was registered;
b. the affixing of the mark on goods or on their packaging for the sole purpose of export;
c. the use of the mark by a third party with the consent of the holder of the trademark.
Article 2.27 Invocation of the extinguishment of the right 1. Any interested party may invoke the extinction of the right to a mark in the cases provided for in article 2.26, paragraph 2.
2. the extinction of the right to a mark under article 2.26 provision, paragraph 2 (a), may more be invoked if, between the expiry of the period of five years and the submission of the application for revocation, the mark was the subject of a beginning or resumption of normal use. However, the commencement or resumption of use which has held within a period of three months before the submission of the application for revocation do not consider where preparations for the commencement or resumption of use occur only after the holder has learned that an application for revocation may be filed.
3. the holder of the right to a mark whose extinction may not longer be invoked pursuant to the second subparagraph may oppose to it under section 2.20, first paragraph, under a, b and c, with the use of a trademark whose filing was made during the period during which the earlier right in the mark could be declared extinct under article 2.26 second paragraph, under a. 4. The holder of the right to the mark for which the extinction may no longer be invoked under paragraph 2 cannot, pursuant to the provision of article 2.28, third paragraph, invoke the nullity of the registration of a mark for which the deposit has been made during the period during which the previous trademark law could be declared extinct under article 2.26 second paragraph, under a. section 2.28 Invocation of invalidity 1. Any person, including the public prosecutor, may invoke the nullity: a. the registration of the sign which cannot constitute a trade mark within the meaning of article 2.1, paragraphs 1 and 2;
b. registration of the mark which is devoid of any distinctive character;
v. the registration of the mark which consists exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the product or of rendering of the service, or other characteristics thereof;
d. registration of the trade mark which consists exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade.
e. registration of the mark which is not conferring the right to the mark pursuant to article 2.4, under a, b and g. f. of the registration of the mark which is not conferring the right to the mark pursuant to article 2.4, (c), provided that the invalidity is invoked within a period of five years from the date of registration.
2. the courts may decide that the marks referred to in paragraph 1(b), (c) and (d), have acquired after recording a distinctive character because of the use which has been made.
3 provided that the holder of the prior registration or the third party referred to in article 2.4, d, e and f, take part in the action, any interested party may invoke the nullity: a. the registration of the mark which ranks after that of a similar mark, under the conditions laid down in article 2(3);
b. the deposit which is not conferring the right to the mark pursuant to article 2.4, d, e and f; the nullity resulting from article 2.4 in (d), must be invoked within a period of three years from the expiration of the earlier registration; the nullity resulting from article 2.4, under e and f must be invoked within a period of five years from the date of registration. This five year period does not apply to trademark registrations as referred to in article 2.4, under e, that have been filed in bad faith.
4. when the action in nullity is brought by the public prosecutor, only

the courts of Brussels, the Hague and Luxembourg have jurisdiction in cases referred to in paragraph 1.
The action brought by the public prosecutor shall suspend any action on the same basis.
Section 2.29 foreclosure by tolerance and invocation of invalidity the holder of an earlier mark which has tolerated the use of a subsequent trade mark registered for a period of five years with knowledge of this use, may invoke the nullity of the later trade mark on the basis of its earlier article 2.28 right, paragraph 3 (a) unless the deposit of the later trade mark was made in bad faith.
Item 2.30 scope of annulment of the declaration of extinction and the voluntary deregistration 1. Cancellation of a registration, the declaration of extinguishment of a right to the trademark or voluntary cancellation of a registration must bear on the constitutive sign of the mark in its entirety.
2. annulment or the declaration of termination should be limited to one or more products or services for which the mark is registered if the cause of nullity or of extinction affects only a part of those goods or services.
CHAPTER 7. -Transmission, license and other rights section 2.31 Transmission 1.
The mark may, independently 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 registered or recorded.
2 are zero: a. assignments inter vivos which are not recorded in writing;
b. assignments or other transmissions that are not made for the entire Benelux territory.
Section 2.32 1 Licence. The mark may be licensed for all or part of the products or services for which the mark has been filed or registered.
2. the holder of the mark can invoke the exclusive right to the trade mark against a licensee who contravenes the terms of the license agreement, with regard to its duration, the form covered by the registration in which the trade mark may be used, the goods 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 in commerce by the licensee.
3. the cancellation of the registration of the licence in the register can be done only at the joint request of the owner of the trademark and the licensee.
4. in order to obtain compensation for the damage that he suffered directly or to allocate a proportionate share of the profit realized by the respondent, the licensee has the right to intervene in an action referred to in section 2.21, paragraphs 1 and 2, brought by the proprietor of the mark.
5. the licensee may bring an autonomous action within the meaning of the preceding paragraph unless you have obtained the consent of the owner for this purpose. 6. The licensee is entitled to exercise the powers mentioned in section 2.22, paragraph 1, insofar as they tend to protect the rights whose exercise has been granted and provided that the consent of the holder of the trade mark for this purpose.
Section 2.33 opposability to third parties the assignment or other transmission or the license is enforceable against third parties that after registration of the deposit, in the forms laid down in regulations and payment of fees, an extract of the Act which the notes or a statement y relative signed by interested parties. The provision of the preceding sentence applies to rights of pledge and seizures.
CHAPTER 8. -Trademarks collective Article 2.34 marks collective 1.
Are considered collective marks all signs so designated at the filing and serving to distinguish one or more common features of goods or services from different firms that use the mark under the control of the holder.
2. the holder may make use of the mark for goods or services from its company or business management or supervision which it participates directly or indirectly.
3 are also considered collective marks all signs so designated at the filing and serving, in the life of the business, to designate the geographical origin of the goods or services. Such a mark does not authorize the licensee to prohibit a third party from using such signs in the course of trade in accordance with honest practices in industrial or commercial matters; in particular, such a mark may in particular be opposed to a third skill to use such geographical name.
Section 2.35 analog Application except as otherwise provided, individual and collective marks are subject to a common system.
Section 2.36 deposit 1. The exclusive right to a collective mark is acquired only if it is a regulation of use and control the registration of the brand.
2. However, when it comes to an international deposit, the applicant has to file this regulation for a period of six months from the notification of the international registration provided for in article 3 (4) of the agreement and the Madrid Protocol.
Section 2.37 regulations on use and control 1. The rules of use and control relating to a collective mark shall indicate the common characteristics of the goods or services that the mark is intended to guarantee.
2. it shall also determine the conditions of a serious and effective control of these characteristics, together with adequate sanctions.
Section 2.38 Exception section 2.4, (c), is not applicable to the registration of a collective mark made by the former proprietor of the registration of a like collective mark or his successor in title.
Article 2.39 refusal of registration the Agency cannot save deposit Benelux of a collective mark if the regulations of use and control on this brand is not filed in accordance with section 2.36.
Article 2.40 amendment of the regulations for use and control 1.
The owners of collective marks shall notify to the Agency any amendment of the regulations of use and control mark.
2. this notification is registered by the Office.
3. the amendment is not in effect before the notification under paragraphs 1 and 2.
Section 2.41 persons admitted to invoke the right to the trade mark 1. The right to go to court to claim the protection of a collective mark is reserved for the holder of the trademark.
2. However, the rules of use and control may grant to the persons authorized to make use of the trademark, the right to act jointly with the licensee or to join or to intervene in proceedings instituted by or against it.
3. Similarly, the regulation of use or control may provide that only acting holder may make State of the special interest of the users of the mark and include in its claim for the particular damage suffered by one or more of them.
Section 2.42 people admitted to invoke the extinguishment of the right 1.
Without prejudice to provisions of article 2.27, any interested party, including the public prosecutor, may invoke the extinguishment of the right to a collective mark if the licensee makes use of the mark under the conditions referred to in article 2.34, paragraph 2, or authorizes or tolerates the use contrary to the provisions of the regulations for use and control.
2. when the action in extinction is brought by the public prosecutor, the courts of Brussels, the Hague and Luxembourg are competent.
3. the action brought by the public prosecutor shall suspend any action on the same basis.
Section 2.43 Invocation of invalidity by the public prosecutor 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 rules of use and control is contrary to public order, or when it does not conform to the requirements of article 2.37.
2. the public prosecutor may also invoke the nullity of amendments to the regulations for use and control which would be contrary to public policy or to the provisions of article 2.37 or which would have the effect of weakening the guarantees given by the regulations to the public.
3. to decide on these actions, the courts of Brussels, the Hague and Luxembourg are competent; They pronounced ex officio cancellation cancelled recordings, or cancelled changes.
Section 2.44 Prohibition of use collective marks off, cancelled and revoked, and those whose renewal not occurred, without be followed by recovery, referred to in article 2.38, can be used on no basis, in the three years following the date of the registration from extinction, cancellation, cancellation or expiry of the non-renewed registration except by those who can rely on a prior to a like individual mark right.
CHAPTER 9. -Provisions concerning Community trade marks Article 2.45 rank article 2.3 and article 2.28, paragraph 3 (a), shall apply where the registration is based on the earlier filing of a Community trade mark.
Section 2.46 seniority article 2.3 and article 2.28, paragraph 3(a), shall apply to Community trade mark for which seniority for the Benelux territory is validly invoked under the regulation on the Community trade mark even if there has been voluntary cancellation or expiration of the registration Benelux or international at the base of seniority.
Previous article 2.47 Invocation of invalidity or revocation of the earlier when the seniority of a trade mark right is invoked for a Community trade mark,

the invalidity or forfeiture of that earlier right may be invoked, even if this right is already off by voluntary cancellation or expiration of the registration.
TITLE III. -DRAWINGS or models Chapter 1. -Drawings or models section 3.1 of drawings or models 1. A registered design is protected only insofar as the design is new and has an individual character.
2 is considered drawing or model the appearance of a product or part of product.
3. the appearance of a product is given, in particular, by the characteristics of the lines, contours, colours, shape, texture or materials of the product itself or its ornamentation.
4 product means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, presentation, graphic symbols and typographic. Computer programs are not considered to be a product.
Article 3.2 Exceptions 1. Are excluded from the protection provided by this title: a. the characteristics of the appearance of a product which are solely dictated by its technical function;
b. characteristics of the appearance of a product which must necessarily be reproduced in their form and their exact dimensions so that the product which is incorporated or to which is applied the design to be mechanically connected to another product, be placed indoors or around another product, or be put in contact with another product so that each can fulfil its function.
2. by way of derogation from paragraph 1(b), characteristics of the appearance of a product which are intended to allow Assembly or connection multiple interchangeable within a modular system products are protected by rights in a design fulfilling the conditions laid down in section 3.1, paragraph 1.
Article 3.3 novelty and individual character 1. A design is considered new if, at the filing date or the priority date, any drawing or same model was disclosed to the public. Designs are considered identical if their features differ only in insignificant details.
2. a registered design is considered to be having an individual character if the impression overall than this drawing or model produces on the informed user differs from that produced on such a user by any design or model which has been disclosed to the public before the filing date or the priority date. In assessing individual character, is account of the degree of freedom of the designer in developing the design.
3. for the assessment of novelty and individual character a design is deemed to have been disclosed to the public if this drawing or this model was published after registration or otherwise, or presentation used in the trade or made public in any other manner, unless these facts, in the normal course of affairs, could not reasonably be known specialized in the sector concerned environments operating in the European Community or the European economic area, before the filing date or the priority date. However, the design shall not be deemed have been disclosed to the public only because it has been disclosed to a third party on terms express or implied of secrecy.
4. for the purposes of the assessment of novelty and individual character, it is not taken into account by the public disclosure of a design, for which protection is claimed in respect of a record, if in the twelve months preceding the filing date or the priority date: a. the disclosure was made by the creator or his successor in title or by a third party on the basis of information provided or acts done by the creator or his assignee, or b. the disclosure was made as a result of an abusive conduct towards the creator or his successor in title.
5 means right of priority provided for in article 4 of the Paris Convention. This right may be claimed by the person who has introduced regularly apply drawing or model or a utility model in one of the countries party to that convention or the TRIPS Agreement.
Article 3.4 parts of complex products 1. A design applied to or incorporated in a product which constitutes a component part of a complex product is regarded as new and individual as the character: a. the piece, once incorporated into the complex product, remains visible during normal use of this product, and b. the visible characteristics of the room fill as the conditions of novelty and individual character.
2. for the purposes of this title, complex product means a product consisting of multiple parts that can be replaced to allow disassembly and reassembly of the product.
3. by normal use within the meaning of paragraph 1 means the use by the end user, excluding maintenance, service or repair.
Section 3.5 of the right 1. Without prejudice to the right of priority, the right exclusive to a drawing or model is acquired by registration of the deposit in Benelux territory with the Office (Benelux filing) or effected at the international Bureau (international filing).
2. in the event of a contest of deposits, if the first deposit is not followed by the publication provided for in article 3.11, paragraph 2, of this convention or article 6, under the Hague Agreement, the refiling 3 Gets the rank of first deposit.
Section 3.6 Restrictions within the limits of articles 3.23 and 3.24, paragraph 2, the registration is not conferring the right to a design or model when: a. the drawing or model e2st in conflict with a prior design which was the subject of a disclosure to the public after the date of filing or the priority date, and which is protected Since an earlier date, by an exclusive right deriving from a registered Community design, of the registration of a Benelux deposit or of an international deposit;
b. it is used, in the drawing or model of an earlier mark without the consent of the proprietor of that mark;
c. is used, in the drawing or model, of a work protected by copyright without the consent of the copyright holder;
d. Drawing or model constitutes an improper use of any of the items listed in article 6ter of the Paris Convention;
e. the drawing or model is contrary to morality or public order of one of the Benelux countries;
f. the filing discloses enough characteristics of the design.
Article 3.7 claim of filing 1. Within a period of five years starting from the publication of the registration of the filing, the creator of the or model, or the person who, according to article 3.8, is regarded as creator, can claim the right to the Benelux or the rights deriving for Benelux territory, filing international filing of this design, if the deposit has been made by a third party , without his consent; It can for the same reason invoke the nullity of the registration of that deposit or those rights without limitation in time. The action to claim will be registered with the Office at the request of the applicant in the forms laid down in regulations and payment of fees due.
2. If the applicant referred to in paragraph 1 required the cancellation total or partial registration of the deposit Benelux or has renounced the rights deriving for Benelux territory, international filing, this cancellation or renunciation shall, subject to paragraph 3, no effect with respect to the creator or the person who, according to article 3.8, is regarded as the creator provided that the filing claimed until a year not elapsed since the date of publication of the cancellation or renunciation and this before the expiry of the period of five years mentioned in paragraph 1.
3. If in the meantime by the cancellation or renunciation referred to in paragraph 2 and of the registration of the action to claim, a third party in good faith has exploited a product having an identical appearance or does not produce on the informed user a different overall impression, this product will be considered as lawfully on the market.
Article 3.8 rights of employers and contractors 1. If a design has been created by a worker or an employee in the exercise of his employment, the employer will be, unless stated otherwise, regarded as the creator.
2. If a design has been created on command, one that has passed the command will be considered, unless otherwise agreed, as the creator, provided that the order has been placed for commercial use or industrial product in which the design is incorporated.
CHAPTER 2. -Deposit, registration and renewal section 3.9 deposit 1. The Benelux designs filing is either national administrations or the Office in the forms laid down in regulations and payment of fees due. The Benelux deposit may include either a single drawing and model (single deposit) or several (multiple deposit). It is checked if exhibits meet the requirements for the establishment of the filing date and the date of the deposit is stopped. The applicant is informed without delay and in writing of the date of filing or, where appropriate, of the reasons not to allocate it.
2. If it is not satisfied with the other provisions of the regulations at the time of filing, the applicant is informed without delay and in writing

the conditions to which he is not satisfied and the possibility is given to respond.
3. the deposit has more effect if, within the time limit, he is not satisfied with the provisions of the implementing regulation.
4. when the filing is done from a national authority, shall submit the Benelux filing to the Office, or without delay after having received the deposit, either after finding that the filing meets the requirements prescribed in paragraphs 1 to 3.
5. without prejudice, as regards deposits Benelux, from the application of article 3.13, the filing of a design may give rise, on the merits, no examination findings might be opposed to the applicant by the Office.
Article 3.10 priority claim 1. The claim of the right of priority is at the time of filing or by special declaration made with the Agency in the month following the deposit, in the forms laid down in regulations and payment of fees due.
2. the absence of such a claim results in the forfeiture of the right of priority.
Article 3.11 recording 1. The Office registers without delay the Benelux deposits, as well as international deposits which were the subject published in the "Bulletin International designs - International Design Gazette" and for which the applicants have requested that they produce their effects in the Benelux.
2. without prejudice to the provisions of articles 3.12 and 3.13, the Office publishes in the shortest possible time registrations of Benelux deposits in accordance with the regulations.
3. If the publication reveals enough characteristics of the design, the applicant may ask the Agency, within the time limit therefor, to make free of charge a new publication.
4. from the publication of the design, the public can take knowledge of the registration as well as coins produced at the time of filing.
Article 3.12 deferment of publication on request 1. The applicant may request, at the Benelux filing, that the publication of the registration be adjourned for a period which may not exceed a duration of twelve months at the date of filing or the date which is born the right of priority.
2. If the applicant makes use of the option provided for in paragraph 1, the Agency adjourned the publication in accordance with the request.
Article 3.13 contrary to ordre public and morality 1. The Agency defers the publication if it considers that the design falls within the scope of article 3.6, under e. 2. The agency notifies the applicant and invites him to withdraw his deposit within a period of two months.
3. where, upon expiry of this period, the person concerned has not withdrawn its filing, the Office shall invite in the shortest possible time the Crown to introduce an action for nullity of the deposit.
4. If the public prosecutor considers that there is no place to commence such an action or where the action is dismissed by a judicial decision which is most likely neither opposition, appeal or appeal in cassation, the Office shall publish without delay the registration of the design.
Article 3.14 duration and renewal of registration 1. The registration of a Benelux deposit has a duration of five years taking courses at the date of the deposit. Without prejudice to the provisions of article 3.24, paragraph 2, the design object of the deposit may be modified during the duration of the registration nor on the occasion of its renewal.
2. it can be renewed for four periods of five years up to a maximum of 25 years.
3. the renewal occurs through the payment of the fee laid down for this purpose. This fee must be paid within twelve months preceding the expiry of the registration; It can still be paid within the six months following the date of expiry of the registration, subject to the simultaneous payment of a surcharge. The renewal has effect from the expiry of the registration.
4. the renewal may be limited to part only of the designs included in a multiple deposit.
5. six months before the expiry of the first to the fourth period of record, the Agency reminds the expiry date of this by a notice addressed to the holder of the design or model and third parties whose rights to the design were registered in the register.
6. Office reminders are sent to the last address known to interested parties. Failure to send or receipt of such notice does not exempt from the obligations of paragraph (3). It can be invoked in justice, nor with respect to the Office.
7. the Office shall register renewals and publish them in accordance with the regulations.
Article 3.15 international deposits international deposits shall be in accordance with the provisions of the Hague Agreement.
CHAPTER 3. -Rights of the holder Article 3.16 scope of protection 1. Without prejudice to the possible application of the ordinary law governing civil liability, the right exclusive to a drawing or model allows the proprietor to oppose the use of a product in which the design is incorporated or to which it is applied and look identical to the drawing or model as it was deposited, or which does not produce on the informed user a different overall impression taking into account the degree of freedom of the designer in developing the design.
2. by use, means in particular the manufacture, supply, placing on the market, sale, delivery, rental, importation, exportation, exposure, use, or detention for any of those purposes.
Article 3.17 repair damage and other actions 1. The exclusive rights entitle the holder to claim compensation for the acts listed in article 3.16, as if these acts took place after the publication referred to in article 3.11, revealing enough characteristics of the design.
2 in addition to the action repair or instead of it, the holder of the exclusive right may bring an action for assignment of the profit realized as a result of acts referred to in article 3.16, in the circumstances referred to in paragraph 1 of this article, as well as accountability in this regard. The tribunal will reject the application if it considers that the acts considered were not made in bad faith or that the circumstances of the case do not give rise to conviction to the assignment of the profit realised illicitly.
3. the holder of the right exclusive to a drawing or model may bring the action in repair or assignment of the benefit on behalf of the licensee, without prejudice to the right granted him in article 3.26, paragraph 4.
4. as from the date of filing, reasonable compensation may be required from that knowledge of the filing, conducted in acts such as referred to in article 3.16, to the extent that the holder has acquired exclusive rights to this title.
Section 3.18 requests additional 1.
The holder of the right exclusive to a drawing or model has the right to claim the property of chattels which impaired his right or property that were used in the production of these goods or to require the destruction or upgrading disused. Such claim may if exercise in respect of alleged money have been collected following the achievement to the exclusive right to a design or model. The application will be rejected if the infringement has not been brought in bad faith.
2. the provisions of national law relating to provisional measures and the enforcement of judgments and authentic instruments are applicable.
3. the Court may order the issuance will be made against payment by the applicant of compensation to be fixed.
4 at the request of the holder of the right exclusive to a drawing or model, the tribunal may order the infringer to its right to provide to the licensee all information available to it concerning the origin of the goods that have infringed the design or model and to communicate all the data.
Article 3.19 Restriction Law exclusive 1. The right exclusive to a drawing or model does not imply the right to oppose: a. acts done privately and for non-commercial purposes;
b. acts done for experimental purposes;
c. acts of reproduction for the purposes of illustration or teaching, provided that such acts are compatible with fair trade practices, do not unduly prejudice the normal exploitation of the design model and that the source is indicated.
2. in addition, the right exclusive to a drawing or model does not imply the right to oppose: a. equipment on ships and aircraft registered in another country when they temporarily on the Benelux territory;
b. import on the Benelux territory, spare parts and accessories for the purpose of repair of these vehicles;
c. the execution of repairs on such vehicles.
3. the exclusive right to a design which constitutes a component part of a complex product does not imply the right to oppose the use of drawing or model for the purpose of repair of that complex product so as to restore its original appearance.
4. the right exclusive to a drawing or model does not imply the right to oppose acts mentioned in article 3.16 relating to products that have been put into 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 in acts referred to in article 3.20.
5. the shares may not bear on products that were put into circulation in Benelux territory prior to the filing.
Article 3.20 right of personal possession

1. a right of personal possession is recognized third party which, before the date of the deposit of a design or before the priority date, has manufactured on Benelux territory products having an appearance identical to the design filed or does not produce on the informed user a different overall impression.
2. the same right is recognized person who, under the same conditions gave a commencement of execution to its intention to manufacture.
3. However, this right will not be recognized third party who has copied, without the consent of the creator, the drawing or model in question.
4. the right of personal possession allows the holder to continue or, in the case referred to in paragraph 2 of the present article, to undertake the manufacture of these products and to fulfil, notwithstanding the right deriving from registration, all other acts referred to in article 3.16, excluding imports.
5. the right of personal possession cannot be transmitted with the establishment in which took place the acts that gave him birth.
CHAPTER 4. -Radiation, extinction of the right and invalidity Article 3.21 Radiation on request 1. The holder of the registration of a Benelux filing may at any time request the cancellation of this registration, unless there are rights of third party contractual justice and notified to the Agency.
2. in the case of a multiple deposit, cancellation may relate to a part only of the designs included in the deposit.
3. If a licence has been registered, the cancellation of the registration of the design can be carried out only at the joint request of the holder of the design or model and the licensee.
The provision of the preceding sentence shall apply if registration of a right of pledge or a seizure.
4. the radiation has effect for all of the Benelux territory, notwithstanding any declaration to the contrary.
5. the rules set out in this article are also applicable to the renunciation of protection resulting for the Benelux countries of an international deposit.
Article 3.22 extinguishment of the right subject to the provisions of article 3.7, clause 2, the exclusive right to a design goes: a. by voluntary cancellation or expiration of the registration of the Benelux filing;
b. by the expiration of the registration of the international deposit or by waiver of the rights deriving for Benelux territory, the international deposit or cancellation of office of international filing referred to in article 6, 4th paragraph, under (c) of the Hague Agreement.
Article 3.23 Invocation of invalidity 1. Any person, including the public prosecutor, may invoke the nullity of the registration of an industrial design if: a. the drawing or model does not meet the definition referred to in article 3.1, paragraphs 2 and 3;
b. the drawing or model does not meet the conditions laid down in article 3.1, 1st subparagraph, and in articles 3.3 and 3.4;
c. Drawing or model falls under the application of article 3.2;
d. If this record is not conferring the right to the drawing or model in application of article 3.6, under e or f. 2. Only the applicant or the holder of an exclusive to a drawing or model right deriving from the registration of a registered Community design, of a Benelux registration or an international deposit may invoke the nullity of the registration of the deposit posterior of a drawing or model which is in conflict with his right, if the registration of the filing is not conferring the right to the drawing or model in application of article 3.6 , under a. 3. Only the holder of a right of previous mark or the holder of an earlier copyright law may invoke the nullity of the registration of the Benelux filing or rights deriving for Benelux territory a deposit international this drawing or model, if any right to a design is acquired pursuant to article 3.6, (b), respectively (c). 4.
Only the interested party may invoke the nullity of the registration of the design, if any right to the design is acquired pursuant to article 3.6 (d). 5. Only the creator of a design or model as referred to in article 3.7, paragraph 1, may, under the conditions referred to in this article, invoke the nullity of the registration of the filing of a design carried out by a third party without his consent.
6. the nullity of the registration of the filing of a design may be imposed even after the extinguishment of the right or waiver of this right.
7 when the action in nullity is instituted by the public prosecutor, the courts of Brussels, the Hague and Luxembourg are competent. The action brought by the public prosecutor shall suspend any action on the same basis.
Article 3.24 scope of annulment of the declaration of extinction and the voluntary deregistration 1. Subject to the provisions of paragraph (2), cancellation, voluntary cancellation and waiver must wear on the design as a whole.
2. If the registration of the filing of a design can be cancelled under article 3.6, under b, c, d or e, and article 3.23, paragraph 1, (b) and (c), the deposit can be maintained in an amended form, if under the said form, the design meets the eligibility criteria for protection and the identity of the design is retained.
3. by maintaining referred to in paragraph 2, we can hear the registration accompanied by a partial waiver on the part of the holder of the right to registration of a judicial decision which is most likely neither opposition, appeal or appeal in cassation declaring the partial invalidity of the registration of the filing.
CHAPTER 5. -Transmission, license and other rights Article 3.25 Transmission 1.
Exclusive to a drawing or model law can be passed.
2 are zero: a. assignments inter vivos which are not recorded in writing;
b. assignments or other transmissions that are not made for the entire Benelux territory.
Article 3.26 1 Licence.
Exclusive to a drawing or model law may be the subject of a license.
2. the holder of the design or model may invoke the exclusive right to a design or model against a licensee who violates the terms of license agreement, in which case its duration, the form covered by the registration in which the design may be used, products for which the licence has been granted and the quality of the products used in trade by the licensee.
3. the cancellation of the registration of the licence in the register cannot be carried out on request joint holder of the design or model and the licensee.
4. in order to obtain compensation for the prejudice that it suffered directly or to allocate a proportionate share of the profit realized by the respondent, the licensee has the right to intervene in an action referred to in section 3.17, paragraphs 1 and 2, brought by the holder of the right exclusive to a drawing or model. The licensee may bring an autonomous action within the meaning of section 3.17, paragraphs 1 and 2, unless the permission of the holder of the exclusive right for this purpose. 5. The licensee is authorized to exercise the powers mentioned in article 3.18, paragraph 1, insofar as they tend to protect the rights whose exercise has been granted and provided they have obtained therefor the authorization of the holder of the right exclusive to a drawing or model.
Article 3.27 opposability to third parties the assignment or other transmission or the license is enforceable against third parties that after the registration of the filing, in the forms laid down in regulations and payment of fees, a extract Act which stated or declaration y relative signed by interested parties. The provision of the preceding sentence applies to rights of pledge and seizures.
CHAPTER 6. -Cumulation with copyright Article 3.28 Rollup 1. The authorization given by the creator of a work protected by copyright to a third party, of a deposit of drawing or model in which this work of art is embodied, involves the assignment of the copyright on this work, as it is embodied in this drawing or model.
2. the applicant for a design is presumed to be the copyright holder also y; However, this presumption does not play with respect to the true creator or his successor in title.
3. the assignment of the copyright in a design, leads to the assignment of the design right and vice versa, without prejudice to the application of article 3.25.
Article 3.29 copyright employers and buyers when a design is created in the conditions referred to in article 3.8, the copyright on this drawing or model belongs to those who is considered creator, in accordance with the provisions of this article.
Title IV provisions common to the marks and designs or models Chapter 1. -Register agents section 4.1 General provisions concerning the register of professional representatives 1. In accordance with the provisions laid down in the implementing regulation, the Office maintains a registry of agents in trademarks and drawings or models to determine who meets the requirements of qualification in the activity of representative brands and designs or models under the present convention. The register is available free at the disposal of the public.
2. any person who is in possession: a. a diploma recognized by the Board of directors or a voucher similar, or (b). a certificate issued by the Director-general, which indicates a successful event in aptitude, or c. a derogation from the obligation to produce a document as referred to under a or b, issued by the Director

General, may be registered, at his request, in the register referred to in the first subparagraph.
3. the Board of Directors recognizes a diploma as referred to in the paragraph 2, (a) supra, if it considers that examination organized by the instance that issued the diploma leads to sufficient knowledge of Benelux regulations and the main international instruments in the field of law trademarks and designs law as well as a sufficient aptitude to apply.
Article 4.2 appeal against refusal of registration in the register or recognition of a 1 degree.
In case of refusal of registration or exemption or in the event of cancellation of a registration in the registry, or well in the event of refusal of recognition or withdrawal of recognition of a diploma, the person may, within two months following such refusal, said radiation or said withdrawal, introduce the Court of appeal of Brussels, the Gerechtshof at the Hague or the cour d'appel of Luxembourg one query to get an order registered in the register or recognition a diploma.
2. in the context of this procedure, the Agency may be represented by a member of staff designated for this purpose. 3. The decision of the Court of appeal is likely to an appeal in cassation, which is suspensive.
Article 4.3 abuse by unregistered persons it is forbidden to persons other than those that are registered in the register referred to in article 4.1, 1st subparagraph, to publicize in the life business as if they were recorded in the above registry. The implementing regulation lays down rules.
CHAPTER 2.
-Other responsibilities of Article 4.4 responsibilities in addition to the powers conferred by the titles preceding Office, the Office is responsible for: a. to deposits and records the changes that are requested by the holder, or as a result of notifications by the international Bureau or judicial decisions and to inform, where appropriate, the international Bureau;
b. publish records of deposits Benelux Trademarks and designs, as well as all other information required by the regulations;
c. to issue at the request of any interested person, copy records;
d. to provide to anyone who actually demand information extracted from the register of trade marks attorneys and drawings or models as well as on the rules relating to the registration of trademarks and designs agents who are adopted by or under the present convention.
CHAPTER 3. -Jurisdiction legal section 4.5 dispute resolution 1. The courts are only competent to rule on actions with their base in this convention.
2. the inadmissibility resulting from the lack of registration of the filing of the mark or of the drawing or model is covered by the registration or the renewal of the brand or the drawing or model, carried out pending.
3. the judge decide ex officio the cancellation of registrations cancelled or turned off.
Section 4.6 territorial jurisdiction 1. Except express contractual allocation of territorial jurisdiction, it is determined, on trade marks or designs, the domicile of the defendant or by the place where the obligation in question was born, has been or is to be performed. Instead of the deposit or registration of a trademark or a registered design can only serve alone database to determine the jurisdiction.
2. when the above criteria are insufficient to determine the territorial jurisdiction, the plaintiff 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 its choice, either to Brussels, either in the Hague or Luxembourg.
3. the courts will apply the rules laid down in paragraphs 1 and 2 of office and will expressly note their competence.
4. the Court before which the principal claim is pending, known applications guarantee, requests to intervene and incidental claims and counterclaims unless it is incompetent due to the material.
5. the courts of one of the three countries refer, if one party requests, the courts of one of the other two countries challenges which they are seized, when those challenges are already pending, or when they are related to other disputes submitted to the courts. The reference may be requested only when the causes are pending at the first degree of jurisdiction. It is carried out for the benefit of the court first seized by a document instituting proceedings, unless another court has made the case one decision other than a disposition of internal order, in which case the reference occurs before this Court other.
CHAPTER 4. -Other provisions Article 4(7)(a) direct effect the nationals of the countries of the Benelux countries and nationals of countries doing not part of the Union established by the Paris Convention who are domiciled or have industrial or commercial effective and serious on the Benelux territory, may, under this convention, claim the application to their benefit, on the whole territory provisions of the convention, the Arrangement and the Madrid Protocol, the Hague Agreement and the TRIPS Agreement.
Article 4.8 other duties the provisions of this convention shall not affect the application of the Paris Convention, the TRIPS Agreement, the Arrangement and the Madrid Protocol, the Hague Agreement and the provisions of the Belgian, Luxembourg or Dutch law which would result from the prohibitions of use of a mark.
Section 4.9 fees and time limits 1. All fees due for transactions with the Office or by the Office are determined by regulations.
2 all time limits applicable to the transactions with the Office or by the Office which are not fixed in the convention are fixed by regulations.
TITLE v - Provisions transitional Article 5.1 the Organization successor offices Benelux 1. The Organisation is the successor of the Benelux Trademark Office, established under article 1 of the Benelux Convention concerning trademarks of March 19, 1962, to the Benelux Office of designs, established under article 1 of the Benelux Convention on designs of October 25, 1966. The Organization succeeds to all rights and obligations of the Benelux Trade Mark Office and the Benelux designs Office from the date of entry into force of this convention.
2. the Protocol concerning the legal personality of the Benelux Trade Mark Office and the Benelux designs Office or models of 6 November 1981 is repealed from the date of entry into force of this convention.
Article 5(2) Abrogation of conventions Benelux trademark and designs the Benelux Convention concerning trademarks of March 19, 1962 and the Benelux Convention on designs or models of 25 October 1966 are repealed with effect from the date of entry into force of this convention.
Article 5.3 maintenance on existing human rights which existed respectively under the Uniform Benelux Law on trademarks and the Uniform Benelux designs law are maintained.
Section 5.4 opening by class of opposition proceedings in article III of the Protocol of 11 December 2001 amending the uniform law on trademarks Benelux continue to apply.
Article 5.5 first regulations by way of derogation from article 1.9, paragraph (2), the Board of Directors of Benelux Trade Mark Office and the Board of Directors of the Benelux of the designs Office are entitled to jointly establish the first implementing regulation.
TITLE VI.
-PROVISIONS finals Article 6.1 Ratification the convention will be ratified. 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 the first day of the third month following the deposit of the third instrument of ratification.
2. article 2.15, Chapter 1 of title IV and article 4.4 (d) come into force on a date determined by regulations, different dates that can be adopted for these various provisions.
3. article 5(5) applies provisionally.
Section 6.3 duration of the convention 1. This convention is 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 its notification by the two other High Contracting Parties or at another fixed date by mutual agreement by the High Contracting Parties.
Section 6.4 Protocol on the privileges and immunities the Protocol on the privileges and immunities is an integral part of this convention.
Section 6.5 regulations 1. This convention is implemented by an implementing 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 regulations, the text of the convention is authentic.
In faith whereof the Plenipotentiaries have signed the present convention and it have under their seal.
Fact to the

Hague, 25 February 2005, in triplicate, in Dutch and French languages both texts being equally authentic.
Protocol on the privileges and immunities of the Benelux Organisation for intellectual property (trademarks and designs) the High Contracting Parties, desiring to implement section 1.6, paragraph 1 of the Benelux Convention on intellectual property (trademarks, designs), that the privileges and immunities necessary for the exercise of the mission and the achievement of the objectives of the Organization will be set out in a protocol to be concluded between the High Contracting Parties;
Have agreed as follows: Article 1 1. For the purposes of this Protocol, the official activities of the Organization are those which are 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, to the Director-general to the members of the staff of the Organization and experts performing functions on behalf of the organization or performing missions for it are not established to provide personal benefits to the persons concerned. They only aim to ensure, in all circumstances, the free functioning of the Organization and the complete independence of the persons concerned.
3. for the purposes of this Protocol: – the "premises" are the land and buildings used by the Organization for the exercise of its official activities;
-the 'archives' are all the folders, documents, manuscripts, electronic documents, photos, movies, and audio and video recordings belonging to or held by the organization or its staff in the performance of their official duties;
-the "host country" is the country where the Organisation has its headquarters or addictive.
Article 2 1. The premises of the Organization as well as its archives and any material owned or held by it shall be inviolable.
2. the authorities of the High Contracting Parties on whose territory the Organization has its premises may enter these premises with the consent of the Director-general. This consent is presumed to be obtained in case of fire or other disaster requiring immediate protection measures.
3. the discount in the premises of the Organization of all pleadings necessitated by an instance in justice regarding the organization does not constitute a breach of inviolability.
Section 3(1). Part its official activities, the organization enjoys immunity from jurisdiction and execution except: a) insofar as the Organization would have expressly waived such immunity in a particular case;
(b) in the case of a civil action brought by a third party relating to persons and/or property, provided that this civil action has no direct link with the official functioning of the Organization;
(c) in the case of a civil action brought by a third party for damage resulting from an accident caused by a motor vehicle belonging to the organization or circulating on its behalf or infringements to the regulation of traffic affecting the above vehicle.
2. the property, funds and assets of the Organization, regardless of where they are on the territory of the High Contracting Parties, benefit from immunity from any form of requisition, confiscation, expropriation and receiver.
3. the property, funds and assets of the organization also enjoy immunity from any form of administrative coercion or judicial, except to the extent where it temporarily require the prevention of accidents involving motor vehicles belonging to the organization or running for the account of and investigations that can lead such accidents.
Article 4 1. For its official communications and the transfer of all its documents, the Organization has, in each High Contracting Party, of the most favourable treatment accorded to any other international organization by that high contracting party.
2. no censorship cannot be exercised with respect to official communications, regardless of the means of communication used.
Article 5(1). As part of its official activities, the Organization, its property, assets and income are exempt from direct taxes.
2. when goods or services purchases are made by the Organization for the exercise of its official activities and the price of such goods and services includes fees or taxes, appropriate arrangements are made by the High Contracting Parties, whenever it is possible, and without prejudice to the application of regulations and directives, with a view to rehabilitation or reimbursement to the Organization of the amount of duties and taxes of this nature.
3. no exemption is granted in relation to the taxes and charges that are just simple compensation of public utility services.
4. the goods or services which have benefited from a tax exemption referred to in the first and second paragraphs may be assigned to a use other than that for which the exemption has been granted in accordance with the conditions laid down by the host country of the seat or dependence of the Organization to the benefit of which or for which the exemption has been granted.
Article 6 representatives of the High Contracting Parties, their alternates, their advisers or experts shall enjoy, during meetings of the Board of directors or any body established by the said Council, and during their travel to destination or from the place of meeting of the privileges and immunities following: has) immunity from arrest and detention, seizure of their personal baggage except in case of flagrante delicto;
(b) immunity from legal process, even after the end of their mission, for acts, including their writings and their lyrics, performed in the exercise of their functions; This immunity is however not in the case of an offence to the regulation of the use of motor vehicles, committed by one of the persons mentioned above, or in the case of damage caused by a motor vehicle owned or driven by it;
(c) inviolability for all papers and documents;
(d) right to use codes and to receive papers or correspondence by courier or in sealed bags;
(e) exemption for themselves and their legal or recognized spouses and their dependent children living in their household of any measure limiting the entry of foreigners and all formalities for the registration of foreigners.
Article 7 the Director-general and officials of the Organization: has) enjoy, even when they have ceased to exercise their functions, the immunity from jurisdiction for acts, including lyrics and writings, made in the exercise of their functions; This immunity is however not in the case of infringement of the regulation of the use of motor vehicles, by the Director general or an agent of the Organization, or in the case of damage caused by a motor vehicle belonging to them or that they drive;
(b) are exempt from any obligation to military service;
c) shall enjoy inviolability for all papers and documents;
(d) have, for themselves and for their legal or recognized spouses and their dependent children living in their household, the same exceptions to the provisions limiting immigration and regulating the registration of foreigners, as those usually accorded to members of the staff of international organizations;
e) in time of international crisis, together with their legal or recognized spouses and their dependent children living in their household, the same repatriation facilities as diplomatic agents enjoy.
Article 8 1. In addition to the privileges and immunities referred to in article 7, the Director-general enjoys the privileges and immunities accorded to a diplomatic agent under the Vienna Convention of 18 April 1961 on diplomatic relations.
2. the immunity from jurisdiction does not play in the case of civil actions arising out of damage caused by the Director-general in private life or contracts it has entered into privately.
3. Notwithstanding paragraph 1, for the purposes of the tax on income and on capital, income and assets of the Director general are taxable in the State where it is considered to be resident in accordance with the provisions of the preventive double taxation conventions.
Article 9 experts performing functions on behalf of the organization or performing missions for, shall enjoy the privileges and immunities hereinafter insofar as they are necessary for the exercise of their functions, including during journeys made in the exercise of their functions or during these missions: a) immunity for acts done in the exercise of their functions including the lyrics and writings, except in the case of infringement of the regulation of the use of motor vehicles made by an expert or damage caused by a motor vehicle belonging to him or which he leads.
experts will continue to benefit from this immunity after the termination of their functions with the Organization;
(b) inviolability for all papers and documents.
Article 10 1. The High Contracting Parties are not obliged to grant the privileges and immunities referred to in articles 6, 7 (b)) and 8:

a) to their own nationals;
(b) to persons who have their permanent residence in their territory to the moment they take their duties with the Organization and are not agents of a predecessor in title of the organization.
2. for the purposes of this article, permanent residence means a previous residence in the territory of one of the High Contracting Parties to a minimum within the meaning of the provisions in force within this High Contracting Party, with the exception of the years spent in the service of an international organization or of a foreign mission.
Article 11 1. The Director-general has the duty to waive the immunity of the officers referred to in article 7 as well as experts referred to in article 9 where it considers that such immunity impedes the course of justice and can be waived without prejudice to the interests of the organization.
2. the Board of Directors can, for the same reasons, throw the immunities granted to the Director-general referred to in article 8.
3. each High Contracting Party has the duty to waive the immunity of its representatives, their alternates, advisers or experts referred to in article 6, in any case where, in his opinion, the immunity would hamper the action of justice and where it can be waived without compromising the purpose for which it was granted.
Article 12 each of the High Contracting Parties reserves the right to take all useful precautions in the interests of its security.
Article 13 the Organization at all times cooperates with the competent authorities of the High Contracting Parties to facilitate the proper administration of justice, secure the observance of the regulations of police and those relating to public health and the labour inspectorate or other national legislation of a similar nature and to prevent any abuse of 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, is set by way of consultation, negotiation or other agreed means.
2. If the dispute is not settled in accordance with paragraph 1 of this article within three months following the written request to that effect by one of the parties to the dispute, it is brought, at the request of one of the two parties 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 chooses a member and the third member, who chaired the tribunal, is chosen by the other two members. If either of the two parties to the dispute has not appointed an arbitrator within two months following the appointment of another arbitrator by the other party, the latter may request the President of the International Court of Justice to proceed with this designation.
Failing agreement between the first two members on the choice of the president of the arbitral tribunal within two months following 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 agree otherwise, the arbitral tribunal sets 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 act by the majority, shall decide the dispute based on the provisions of the Protocol and the rules of international law applicable. 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 States related to 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.

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