Posted the: 2004-06-03 Numac: 2004015045 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and 13 February 2004 development COOPERATION. -Law concerning consent to the Locarno Agreement establishing an international classification for industrial designs, and annex, signed at Locarno on October 8, 1968, and amended on September 28, 1979 (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.
2. the Locarno Agreement establishing an international classification for industrial designs, and annex, signed at Locarno on October 8, 1968, and amended on September 28, 1979, will release their full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, February 13, 2004.
ALBERT by the King: the Minister of Foreign Affairs, L. MICHEL Minister of the economy, Ms. F. MOERMAN sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Note (1) Session 2003-2004.
Senate: Parliamentary Documents. -Bill introduced on september 15, 2003, no. 3-194/1. -Report on behalf of the Committee, no. 3-194/2. -Supplementary report, no. 3 - 194/3.
Parliamentary Annals - Discussion: meetings of 13 November 2003 and 27 November 2003. -Vote: meeting of November 27, 2003.
House of representatives: parliamentary Documents.
-Draft transmitted by the Senate, no. 51-521/1. Text adopted in plenary meeting and submitted to the Royal assent, no. 51-521/2.
Parliamentary Annals - Discussion: meeting of December 18, 2003. -Vote: meeting of December 18, 2003.
Locarno Agreement establishing an international classification for industrial designs signed at Locarno on October 8, 1968, and amended on September 28, 1979 Article 1 establishment of a special Union;
adoption of an international classification 1) the countries to which this agreement applies constitute a special Union.
(2) they adopt the same classification for industrial designs (hereinafter referred to as "international classification").
(3) the international classification consists of: i) a list of classes and subclasses;
(ii) an alphabetical list of the products to which are incorporated drawings and models, with an indication of the classes and sub-classes in which they are stored;
(iii) explanatory notes.
(4) the list of classes and subclasses is that which is annexed to this agreement, subject to the amendments and additions that the Committee of experts established by article 3 (hereinafter referred to as the "Committee of experts") could bring.
(5) the alphabetical list of goods and the explanatory notes will be adopted by the Committee of experts according to the procedure laid down in article 3.
(6) the international classification may be amended or supplemented by the Committee of experts according to the procedure laid down in article 3.
(7) has) the international classification shall be established in the English and French languages.
(b) official texts of the international classification shall, after consultation with the interested Governments, established in the other languages that may be designated the Assembly referred to in article 5, by the international Bureau of intellectual property (hereinafter "the international Bureau") referred to in the Convention establishing the World Intellectual Property Organization (hereinafter referred to as 'the organization').
Article 2 Application and legal scope of the international classification 1) subject to the obligations imposed by the present agreement, the international classification is by itself an administrative character. However, each country may assign the scope that suits him. Inter alia, the international classification does not bind the countries of the Union as to the nature and the scope of protection of the design or model in these countries.
(2) each country of the Special Union reserves the right to apply the international classification as a main system or auxiliary system.
(3) the authorities of the countries of the Special Union will be included in the official titles of the deposits or registrations of designs or models, and if they are published officially in these publications, the numbers of the classes and subclasses of the international classification in which are stored products to which the designs are incorporated.
(4) in the choice of names to wear in the alphabetical list of products, the Expert Committee will avoid, as it will be reasonable to do so, to use designations on which exclusive rights may exist. However, the inclusion of a term any alphabetical list may be interpreted as expressing the opinion of the Committee of experts as to whether if such term is or is not covered by exclusive rights.
((Article 3 Committee of experts 1) there is hereby established within the international Bureau a Committee of experts responsible for the tasks referred to in article 1, 4), 1.5) and 1.6). Each country of the Special Union is represented in the Committee of experts, which is organized by a rules of procedure adopted by a simple majority of the countries represented.
(2) the Committee of experts adopted by the simple majority of the countries of the Special Union, the alphabetical list and explanatory notes.
(3) proposals for amendments or additions to the international classification may be made by the administration of any country of the Special Union or by the international Bureau. Any proposals coming from an administration is communicated by the international Bureau. The authorities and the international Bureau proposals are transmitted by the latter to the members of the Committee of experts no later than two months before the session at which these proposals will be considered.
(4) decisions of the Committee of experts on amendments and additions to the international classification are taken by a simple majority of the countries of the Special Union. However, if they involve the creation of a new class or the transfer of goods from one class to another, unanimity is required.
(5) experts shall be entitled to vote by correspondence.
(6) where a country does not appoint representative for a given session of the Committee of experts, as well as where the designated expert have not expressed vote forthwith or within a period to be determined by the rules of procedure of the Committee of experts, the country in question would be regarded as accepted the decision of the Committee.
Article 4 Notification and publication of the classification and its amendments and supplements 1) the alphabetical list of goods and the explanatory notes adopted by the Committee of experts, as well as modifications and any addition to the international classification decided by him, are notified to the offices of the countries of the Special Union by the international Bureau. The decisions of the Committee of experts shall be effective upon receipt of the notification.
However, if they involve the creation of a new class or the transfer of goods from one class to another, they come into force within a period of six months from the date of dispatch of the notification.
(2) the international Bureau, in its capacity as depositary of the international classification, incorporates the amendments and additions entered into force. The amendments and additions subject to notices published in the periodicals to be designated by the Assembly.
(Article 5 Assembly of the Union 1) a) the Special Union has an Assembly consisting of the countries of the Special Union.
(b) the Government of each country of the Special Union is represented by one delegate, who may be assisted by alternates, advisers and experts.
(c) the expenses of each delegation are borne by the Government which has appointed it.
((2)) subject to the provisions of article 3, the Assembly: i) deals with all matters concerning the maintenance and development of the Special Union and the implementation of this agreement;
(ii) give to the international Bureau of the directives concerning the preparation for conferences of revision;
III) review and approve the reports and activities of the Director-general of the Organization (hereinafter referred to as "the Director general") concerning the Union special and it gives all necessary instructions concerning matters within the competence of the Special Union;
(iv) stops the program, adopt the biennial budget of the Special Union, and approve its final accounts;
(v) adopt the financial regulations of the Special Union;
VI) decided the establishment of official texts of the international classification in languages other than English and the french;
VII) creates, regardless of the Committee of experts established by article 3, other committees of experts and working groups as it deems useful to the achievement of the objectives of the Special Union;
(viii) decides which countries not members of the Special Union are and what are the intergovernmental and international non-governmental which can be admitted to its meetings as observers;
(ix) adopt amendments to articles 5 to 8;
(x) undertakes any other action appropriate to achieve the objectives of the Special Union;
(xi) perform all other tasks involved in this Arrangement.
(b) on issues that are also other
Unions administered by the Organization, the Assembly statue, knowledge taken from the opinion of the coordination Committee of the organization.
(3) a) each country member of the Assembly has one vote.
(b) one-half of the countries members of the Assembly shall constitute a quorum.
c) Notwithstanding the provisions of subparagraph (b)), if, during a session, the number of countries represented is less than one-half but equal to or greater than the third, countries members of the Assembly, it may take decisions;
However, the decisions of the Assembly, with the exception of those relating to its process, become enforceable when the following conditions are met. The international Bureau communicates those decisions to the countries members of the Assembly which were not represented and invite them to express in writing, within a period of three months from the date of the said communication, their vote or abstention. If, on expiry of that period, the number of countries having thus expressed their vote or abstention is at least equal number of countries which was lacking so that a quorum was present at the session, those decisions become binding, provided that at the same time the required majority still obtains.
(d) subject to the provisions of article 8. 2), decisions of the Assembly are taken by a majority of two-thirds of the votes cast.
(e) the abstention is not considered as a vote.
(f) a delegate may represent one country only and may vote only on behalf of it.
(4) a) Assembly meets once every two years in ordinary session, upon convocation by the Director general and, except in exceptional cases, for the same period and at the same place as the General Assembly of the organization.
(b) the Assembly shall meet in extraordinary session upon convocation by the Director general, at the request of a quarter of the countries members of the Assembly.
(c) the agenda of each session is prepared by the Director general.
(5) the Assembly shall adopt its rules of procedure.
(Article 6 international Bureau 1) has) the administrative tasks of the Special Union are carried out by the international Bureau.
b) in particular, the international Bureau shall prepare the meetings and provides the secretariat of the Assembly, the Committee of experts, and of all other committees of experts and all groups working as the Assembly or the Committee of experts can create.
c) the Director-general is the highest official of the Special Union and represents it.
(2) the Director general and any member of the staff designated by him shall participate, without the right to vote, in all meetings of the Assembly, the Committee of experts, and any other Committee of experts or any working group that the Assembly or the Committee of experts can create. The Director general or a member of the staff designated by him is ex officio Secretary of these bodies.
(3) a) the international Bureau according to the directives of the Assembly prepares conferences of revision of the provisions of the agreement other than articles 5 to 8.
(b) the international Bureau may consult with intergovernmental and international non-governmental organizations on preparations for conferences of revision.
c) the Director general and persons designated by him shall participate, without the right to vote, in the deliberations in these conferences.
(4) the international Bureau performs all other tasks which are attributed to him.
(Article 7 Finance 1) a) the Special Union has a budget.
(b) the budget of the Special Union includes the income and expenses proper to the Special Union, its contribution to the budget of expenses common to the Unions, as well as, where applicable, the sum made available to the budget of the Conference of the organization.
(c) are considered as expenses common to the Unions spending that are not assigned exclusively to the Special Union but also to one or more other Unions administered by the organization.
The part of the Special Union in such common expenses is proportional to the interest that these expenditures are for it.
(2) the budget of the Special Union stopped taking into account the requirements of coordination with the budgets of the other Unions administered by the organization.
(3) the budget of the Special Union is funded by the following resources: i) contributions of the countries of the Special Union;
(ii) fees and charges due for services rendered by the international Bureau in respect of the Special Union;
(iii) the proceeds from the sale of the publications of the international Bureau concerning the Special Union and the rights attached to these publications);
(iv) gifts, bequests, and subventions;
(v) rents, interests and other miscellaneous income).
((4)) for determining its share within the meaning of paragraph (3)), i), each country of the Special Union belongs to the class in which it is stored for the Paris Union for the protection of industrial property, and shall pay its annual contributions on the basis of the number of units as is fixed for that class in that Union.
(b) the annual contribution of each country of the Special Union consists of an amount for which the ratio to the total amount of the annual contributions to the budget of the Special Union by all countries is the same as the ratio between the number of units of the class in which it is stored and the total number of units across the country.
(c) contributions are due on January 1 of each year.
(d) a country in arrears in the payment of its contributions may exercise its right to vote in any organ of the Special Union if the amount of its arrears is equal to or higher than that of the contributions which he is liable for the past two full years. However, such a country may be authorized to retain the exercise of his right to vote in the breast that body as long as the latter considers that delay arises from exceptional and unavoidable circumstances.
(e) if the budget is not adopted before the beginning of a new financial period, the budget of the previous year is renewed as laid down by the financial regulation.
(5) the amount of fees and charges due for services rendered by the international Bureau in respect of the Special Union shall be fixed by the Director general, who shall report to the Assembly.
(6) a) the Special Union shall have a working capital fund constituted by a single payment made by each country of the Special Union. If the Fund becomes insufficient, the Assembly decided by its increase.
(b) the amount of the initial payment of each country to the supra Fund or of its participation in the increase thereof is proportional to the contribution of that country for the year in which the Fund is established or the increase decided.
(c) the proportion and the terms of payment shall be adopted by the Assembly, on the proposal of the Director general and after consultation of the coordination Committee of the organization.
(7) a) the headquarters agreement concluded with the country on whose territory the Organization has its headquarters provides that, if the Working Capital Fund is insufficient, this country affords advances. The amount of these advances and the conditions in which they are granted are, in each case, to separate between the country concerned and the Organization agreements.
b) the country referred to in subparagraph a) and the organization each have the right to withdraw the undertaking to grant advances, by written notification. The denunciation shall take effect three years after the end of the year during which it has been notified.
(8) the auditing of the accounts is insured according to the procedures laid down by the financial regulation, by one or more countries of the Special Union or by external auditors, which are, with their consent, appointed by the Assembly.
Article 8 amendment of articles 5 to 8, with 1) proposals for the amendment of articles 5, 6, 7, and of the present article may be initiated by any country of the Special Union or by the Director general. These proposals shall be communicated by the latter to the countries of the Union special six months at least before being submitted to the Assembly for consideration.
(2) any amendment to the articles referred to in paragraph (1)) is adopted by the Assembly. The adoption requires three quarters of the votes cast; However, any amendment of this paragraph and article 5 requires four fifths of the votes cast.
(3) any amendment to the articles referred to in paragraph 1) enter into force one month after the receipt by the Director general of written notifications of acceptance, effected in accordance with their constitutional rules respective, on the part of the three quarters of countries which were members of the Special Union at the time the amendment was adopted. Any editing said articles thus accepted binding on all countries that are members of the Special Union at the time when the amendment enters into force or which become members at a subsequent date; However, any amendment increasing the financial obligations of countries of the Special Union binds only those which have notified their acceptance of such amendment.
Article 9 Ratification, accession;
entered into force 1) any country party to the Paris Convention for the protection of industrial property which has signed this agreement may ratify it, and, if it has not signed it, may accede.
(2) the instruments of ratification and accession shall be deposited with the Director general.
(3) has) on the five countries which were, first, filed their instruments of ratification or accession, this Agreement shall enter into force three months after the deposit of the fifth of these instruments.
With respect to any other country, this agreement enter into force three months after the date on which its ratification or accession was notified by the Director general, unless a subsequent date has been indicated in the instrument of ratification or accession. In the latter case, this agreement comes into force, with respect to that country on the date thus indicated.
(4) ratification or accession carries full legal accession to all the clauses and admission to all the advantages of this Arrangement.
Article 10 Force and duration of the agreement this agreement has the same force and duration as the Paris Convention for the protection of industrial property.
Article 11 Revision of articles 1 to 4 and 9 to 15 1) articles 1 to 4 and 9 to 15 of this agreement are likely revisions introduce desirable improvements.
(2) each of these revisions will be a Conference that will be held between the delegates of the countries of the Special Union.
Article 12 denunciation 1) any country may denounce this agreement by notification addressed to the Director general. This denunciation does its effect only in respect of the country that has made it, remaining in force and binding Arrangement with other countries of the Special Union.
(2) denunciation shall take effect one year after the day on which the Director general has received the notification.
(3) the right of denunciation provided for by this article may be exercised by a country before the expiry of a period of five years from the date at which it became a member of the Special Union.
Article 13 Territories the provisions of article 24 of the Paris Convention for the protection of industrial property shall apply to this agreement.
(Article 14 Signature, languages, notifications 1) has) this agreement is signed in a single copy in the English and French languages, these texts being equally authentic. It shall be deposited with the Government of the Switzerland.
(b) this agreement remains open for signature in Bern, until June 30, 1969.
(2) official texts shall be established by the Director general, after consultation with the interested Governments, in such other languages as the Assembly may designate.
(3) the Director general shall transmit two copies, certified by the Government of Switzerland, of the signed text of this agreement to the Governments of the countries that have signed it and, on request, to the Government of any other country.
(4) the Director-general is register this agreement with the Secretariat of the United Nations.
(5) the Director general shall notify the Governments of all countries of the Special Union the date of entry into force of the agreement, signatures, deposits of instruments of ratification or accession, acceptances of amendments to this agreement and the dates on which these amendments enter into force, and notifications of denunciation.
Article 15 transitional provision until the first director general, references in this agreement to the international Bureau of the organization or Executive Director shall be considered as referring to the United International Bureaux for the protection of intellectual property (BIRPI) or its Director, respectively.
Annex list of classes and subclasses of the international classification class 01 food products 01) bakery, biscuits, pastry, pasta and other products from cereals, chocolates, confectionery, ICES;
(02) fruit and vegetables;
(03) cheeses, butter and butter, other dairy substitutes;
(04) products of butchery, charcuterie and fishmonger;
(06) animal feed;
Class 02 Articles of clothing and haberdashery 01) undergarments, lingerie, corsets, brassieres, nightwear;
(03) articles of headgear;
(04) shoes, stockings and socks;
(05) neckties, scarves, scarves and handkerchiefs;
(07) haberdashery and clothing accessories;
Class 03 travel goods, cases, parasols and personal belongings, not included in other classes 01) trunks, suitcases, towels, handbags, key chains, cases adapted for their contents, wallets and similar articles;
(03) umbrellas, parasols, sunshades and walking sticks;
Class 04 brush 01) brushes, brushes and brooms for cleaning;
(02) brushes and toilet brushes, clothes brushes and shoe brushes;
(03) brushes for machines;
(04) brushes and paintbrushes, brushes for cooking;
Class 05 not made-up textile Articles, artificial or natural material leaves 01) spun;
(04) ribbons, trims and other trimmings;
(05) fabrics and fabrics;
(06) sheets of artificial or natural material;
Class 06 furnishings 01) beds and seats;
(03) tables and similar furniture;
(04) storage cabinets;
(05) furniture combined;
(06) other pieces of furniture and parts of furniture;
(07) mirrors and picture frames;
(09) mattresses and cushions;
(10) curtains and indoor blinds;
(11) carpet floor, mats and rugs;
(13) blankets, linens and table;
Class 07 household goods not included in other classes 01) dishes and glassware;
(02) appliances, utensils and containers for cooking;
(03) table cutlery, forks, spoons;
(04) appliances and utensils, mus manually, for preparing food or beverages;
(05) irons, utensils for the washing, cleaning and drying equipment;
(06) other cutlery;
(07) other household containers;
(08) apartment fireplace accessories;
Class 08 tools and hardware 01) hand tools and implements for drilling, milling or digging.
(02) hammers, tools and similar instruments;
(03) tools and sharps;
(04) screwdrivers, tools and similar instruments;
(05) other tools and instruments;
(06) handles, knobs and hinges;
(07) devices for locking or closing;
(08) means of fastening, supporting or mounting, not included in other classes;
(09) fittings and similar devices;
Class 09 packaging and containers for the transport or handling of goods 01) bottles, flasks, jars, bottles, fitted with a pressure system containers;
(02) cans and drums;
(03) boxes, crates, containers and cans;
(04) crates and baskets;
(05) bags, sachets, tubes and capsules;
(06) strings and strapping materials;
(07) means of closure and accessories;
(08) pallets and platforms for forklifts;
(09) garbage cans and containers for garbage and their supports;
Class 10 watches and other measuring instruments, instruments control or signalling 01) clocks, clocks and alarm clocks;
(02) watches and wristwatches;
(03) other time-measuring instruments;
(04) other watches;
(05) instruments, apparatus and devices for checking, security or testing;
(06) devices and signalling devices;
(07) boxes, cases, dials, hands and all other parts and accessories of instruments for measuring, control or signalling;
Class 11 articles of adornment 01) jewellery and jewellery;
(02) trinkets, table ornaments, top of chimney or wall, vases and flower pots;
(03) medals and badges;
(04) flowers, plants and artificial fruits;
(05) flags, Festival decoration;
Class 12 means of transport or hoisting 01) animal traction vehicles.
(02) hand trucks, wheelbarrows;
(03) locomotives and rolling stock for railways and all other rail vehicles;
(04) cableways, chairlifts and ski lifts;
(05) elevators, lifting or handling;
(06) ships and boats;
(07) aircraft and other vehicles air or space.
(08) automobiles, buses and trucks;
(10) road vehicle trailers;
(11) cycles and motorcycles;
(12) child cars, wheelchairs for disabled, stretchers;
(13) special purpose vehicles;
(14) other vehicles;
(15) tires, tyres and anti-skid chains for vehicles;
(16) parts, equipment and accessories for vehicles, not included in other classes or subclasses;
Class 13 equipment for production, distribution or transformation of electricity 01) generators and motors;
(02) transformers, rectifiers, batteries and accumulators;
(03) material distribution or control of electric power;
Class 14 recording apparatus, communication or 01 information processing) equipment for recording or reproduction of sound or images;
(02) devices for the treatment of information as well as apparatus and peripheral devices;
(03) telecommunications and wireless remote control, equipment amplifiers-radios;
Class 15 Machines not included in other classes 01) engines;
(02) pumps and compressors;
(03) agricultural machinery;
(04) Machines to build;
(05) Machines for the washing, cleaning and drying equipment;
(06) machinery textile, sewing, knitting or embroidering including their integral parts;
(07) Machines and apparatus of refrigeration;
(09) machine tools, abrading, foundry machines;
Class 16 Articles of photography, cinematography or optical 01) apparatus for photographing or filming;
(02) devices for projectors and viewers;
(03) apparatus for photocopy or expand;
(04) appliances and utensils for development;
(06) optical products;
Class 17 Musical Instruments 01) keyboard Instruments;
(02) wind instruments;
(03) stringed instruments;
(04) percussion instruments;
(05) mechanical instruments;
Class 18 printing and office machinery 01) typewriters or calculate.
(02) Machines for printing;
(03) characters and typographic;
(04) binding Machines, staplers for printing, paper cutters;
Class 19 stationery, office equipment for artists or teaching 01) writing paper, cards for correspondence and announcements;
(02) office supplies;
(04) books, books and objects of similar outward appearance;
(06) materials and instruments for writing by hand, for drawing, for painting, to sculpt, to burn or for other artistic techniques;
(07) teaching materials;
(08) other printed matter;
Class 20 Equipment sales or advertising, signs 01) vending machines;
(02) material for exhibition or sale;
(03) signs, advertising devices;
Class 21 games, toys, tents and sports goods 01) games and toys;
(02) equipment and supplies for gymnastics or sport;
(03) other items of amusement and entertainment;
(04) tents and accessories;
Class 22 weapons, pyrotechnic articles, articles for hunting, fishing and the destruction of harmful animals 01) gun projectiles;
(02) other weapons;
(03) ammunition, rockets and pyrotechnic articles;
(04) targets and accessories;
(05) articles for hunting or fishing;
(06) traps, articles for the destruction of vermin;
Class 23 facilities for the distribution of fluids, sanitary facilities, heating, ventilation or air conditioning, solid fuels 01) facilities for the distribution of fluids;
(03) equipment for heating;
(04) ventilation and air conditioning;
(05) solid fuels;
Class 24 medicine and laboratories 01) apparatus and installations for physicians, hospitals, or laboratories;
(02) medical instruments, instruments and laboratory utensils;
(04) dressing, bandages and medical care items;
Class 25 building units and construction elements 01) building materials;
(02) prefabricated or pre-assembled building parts;
(03) houses, garages and other buildings;
(04) stairs, ladders and scaffolds;
Class 26 lighting 01) sconces and candlesticks;
02) torches, lamps and lanterns portable;
(03) public lighting;
(04) sources light, electric or not;
(05) lamps, floor lamps, chandeliers, wall sconces and ceiling, lampshades, reflectors, lamps for photography or cinematography projectors;
(06) luminous devices for vehicles;
Class 27 tobacco and smokers 01) tobacco, cigars and cigarettes;
(02) pipes, cigar and cigarette holders;
(05) cigarette lighters;
(06) cigar cases, cigarette cases, snuff boxes and tobacco jars;
Class 28 pharmaceuticals or cosmetics, and toilet facilities 01) pharmaceutical products;
(02) cosmetic products;
(03) items of toilet and equipment for beauty treatments;
(04) hair, beards and moustaches hairpieces;
Class 29 devices and equipment against fire, for the prevention of accidents or rescue 01) devices and equipment against fire;
(02) devices and equipment for accident prevention or rescue, not included in other classes;
Class 30 blogs for the care and maintenance of animals 01) pet clothing;
(02) enclosures, cages, niches and similar shelters;
(03) feeders and troughs;
(05) whips and goads;
(06) beds and nests;
(07) perches and other cage attachments;
(08) markers, marks and barriers;
(09) posts of Attaché;
Class 31 Machines and appliances for preparing food or drink, not included in other classes class 99 miscellaneous.
Agreement establishing an international CLASSIFICATION for designs and industrial and list annex, made A LOCARNO on 8 October 1969 for the consultation of the table, see picture