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Law Approving The Protocol Relating To The Madrid Agreement Concerning The International Registration Of Marks, Adopted In Madrid On June 27, 1989 (1)

Original Language Title: Loi portant assentiment au Protocole relatif à l'Arrangement de Madrid concernant l'enregistrement international des marques, adopté à Madrid le 27 juin 1989 (1)

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belgiquelex.be - Carrefour Bank of Legislation

29 AOUT 1997. - An Act to approve the Madrid Agreement concerning the International Registration of Marks, adopted in Madrid on 27 June 1989 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in section 77, paragraph 1er6° of the Constitution.
Art. 2. The Protocol on the Madrid Agreement concerning the International Registration of Marks, adopted in Madrid on 27 June 1989, will come out its full and complete effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse on 29 August 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Economy,
E. DI RUPO
Minister of Foreign Trade,
Ph. MAYSTADT
Seal of the state seal:
Minister of Justice,
S. DE CLERCK

Protocol on the Madrid Agreement concerning the International Registration of Marks (adopted in Madrid on 27 June 1989)
Article 1er
Membership in the Union of Madrid
The States Parties to this Protocol (hereinafter referred to as "contracting States"), even if they are not parties to the Madrid Agreement concerning the International Registration of Revised Marks in Stockholm in 1967 and amended in 1979 (hereinafter referred to as "the Madrid Agreement (Stockholm)"), and the organizations referred to in Article 14.1)(b) that are parties to this Protocol (hereinafter referred to as "the Madrid Agreement") In this Protocol, the term "contracting parties" means both the Contracting States and the contracting organizations.
Article 2
Obtaining protection
by international registration
1. Where an application for the registration of a trademark has been filed with the Office of a Contracting Party, or where a mark has been registered in the registry of the Office of a Contracting Party, the person who is the applicant of that application (hereinafter referred to as the "basic application") or the holder of that registration (hereinafter referred to as the "basic registration") may, subject to the provisions of this Protocol
(i) where the basic application has been filed with the Office of a Contracting State or where the basic registration has been carried out by such Office, the person who is the applicant of that application or the holder of that registration is a national of that Contracting State or is domiciled or has an effective and serious industrial or commercial establishment in that Contracting State;
(ii) where the basic application has been filed with the Office of a contracting organization or when the basic registration has been carried out by such Office, the person who is the applicant of that application or the holder of that registration is the national of a member State of that contracting organization or is domiciled, or has an effective and serious industrial or commercial establishment, in the territory of that contracting organization.
2. The application for international registration (hereinafter referred to as "the international application") must be filed with the International Bureau through the Agency to which the basic application was filed or by which the basic registration was made (hereinafter referred to as "the original Agency"), as the case may be.
3. In this Protocol, the term "Office" or "Office of a Contracting Party" means the office which is responsible, on behalf of a Contracting Party, for the registration of marks, and the term "marks" means both the trademarks and the service marks.
4. In this Protocol, "territory of a Contracting Party", where the Contracting Party is a State, the territory of that State and, where the Contracting Party is an intergovernmental organization, the territory on which the constituting treaty of that intergovernmental organization applies.
Article 3
International request
1. Any international application made under this Protocol shall be submitted on the form prescribed by the Implementing Regulations. The Office of Origin will certify that the indications in the international application are consistent with those that appear at the time of certification in the basic application or registration, as the case may be. In addition, the Agency will indicate:
(i) in the case of a basic application, the date and number of that application;
(ii) in the case of a basic registration, the date and number of that registration, and the date and number of the application from which the basic registration was made.
The original Agency will also indicate the date of the international application.
2. The applicant shall indicate the products and services for which the trademark protection is claimed, as well as, if possible, the class(s) corresponding, according to the classification established by the Nice Agreement concerning the international classification of goods and services for the purposes of the registration of marks. If the applicant does not provide this indication, the International Bureau will classify products and services in the corresponding classes of the classification. The indication of the classes given by the applicant shall be subject to the control of the International Bureau, which shall exercise it in liaison with the Office of Origin. In the event of disagreement between the Office and the International Bureau, the opinion of the Office will be decisive.
3. If the applicant claims the colour as a distinctive element of the mark, it will be held:
(i) declare it and accompany its international application with a statement indicating the colour or combination of colours claimed;
(ii) to include in its international application colour copies of the mark, to be annexed to the notifications made by the International Bureau; the number of such copies will be determined by the Implementing Regulations.
4. The International Bureau will immediately register trademarks filed in accordance with Article 2. The international registration will be the date on which the international application was received by the Office of Origin provided that the international application was received by the International Bureau within two months of that date. If the international application has not been received within that period, the international registration will be the date on which the international application was received by the International Bureau. The International Bureau will promptly notify the international registration of the Offices concerned. The marks registered in the international register will be published in a periodical gazette published by the International Bureau on the basis of the indications contained in the international application.
5. For the purpose of advertising to be given to registered trademarks in the international register, each Office will receive from the International Bureau a number of free copies and a number of copies at a reduced price of the said gazette under the conditions set by the Assembly referred to in Article 10 (hereinafter referred to as the "Assembly"). This advertisement will be considered sufficient for the purposes of all contracting parties, and no other may be required by the holder of the international registration.
Article 3bis
Territorial Effect
The protection resulting from international registration will extend to a contracting party only at the request of the person filing the international application or holding the international registration. However, such a request may not be made in respect of a Contracting Party whose Office is the Office of Origin.
Article 3ter
Request for "territorial extension"
1. Any request for an extension to a Contracting Party of the protection resulting from international registration shall be the subject of a special mention in the international application.
2. A request for territorial extension may also be made after international registration. Such a request must be submitted on the form prescribed by the Implementing Regulations. It will be immediately registered by the International Bureau, without delay, to notify the Agency or the Offices concerned. This registration will be published in the periodic gazette of the International Bureau. This territorial extension will result from the date on which it has been registered in the international registry; it will cease to be valid at the end of the international registration to which it relates.
Article 4
Effects of international registration
1. (a) From the date of registration or registration made in accordance with the provisions of Articles 3 and 3ter, the protection of the mark in each of the Contracting Parties concerned shall be the same as if that mark had been filed directly with the Office of that Contracting Party. If no refusal has been notified to the International Bureau in accordance with Article 5, §§ 1 and 2 or if a refusal notified in accordance with this Article has been withdrawn at a later date, the protection of the mark in the Contracting Party concerned shall, from that date, be the same as if that mark had been registered by the Office of that Contracting Party;
(b) The indication of the classes of goods and services provided for in Article 3 does not bind the contracting parties to the assessment of the scope of the trademark protection.
2. Any international registration shall enjoy the right of priority established by Article 4 of the Paris Convention for the Protection of Industrial Property, without the need to comply with the formalities provided for in the letter D of that Article.
Article 4bis
Replacement of national or regional registration
international registration
1. Where a mark that is the subject of a national or regional registration with the Office of a Contracting Party is also the subject of an international registration and that both registrations are registered on behalf of the same person, the international registration is considered to replace the national or regional registration, without prejudice to the rights acquired by the latter, provided that:
(i) the protection resulting from international registration shall extend to that Contracting Party under Article 3ter, § 1 or § 2;
(ii) all goods and services listed in the national or regional registration are also listed in the international registration in respect of that Contracting Party;
(iii) the above extension shall take effect after the date of national or regional registration.
(2) The Agency referred to in paragraph (1) shall, upon request, note, in its register, of the international registration.
Article 5
Refusal and invalidation of registration effects
of certain Contracting Parties
1. Where the applicable legislation authorizes it, the Office of a Contracting Party to which the International Bureau has notified an extension to that Contracting Party, according to Article 3ter § 1 or § 2, of the protection resulting from an international registration shall have the power to declare in a notice of refusal that the protection cannot be granted in that Contracting Party to the mark that is the subject of that extension. Such a refusal may only be based on the grounds that would apply, under the Paris Convention for the Protection of Industrial Property, in the case of a trademark deposited directly with the Agency which notifies the refusal. However, protection may not be denied, even partially, for the sole reason that the applicable legislation would allow registration only in a limited number of classes or for a limited number of products or services.
2. (a) Any Agency that wishes to exercise that power shall notify the International Bureau of its refusal, with the indication of all grounds, within the time limit provided by the law applicable to that Office and at the latest, subject to subparagraphs (b) and (c), before the expiry of a year from the date on which the notification of the extension referred to in paragraph 1er was sent to this Office by the International Bureau.
(b) Notwithstanding subparagraph (a), any Contracting Party may declare that, for international registrations under this Protocol, the one-year period referred to in subparagraph (a) shall be replaced by 18 months.
(c) Such a declaration may further specify that, where a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified to the International Bureau by the Office of that Contracting Party after the expiry of the 18-month period. Such an Office may, in respect of a given international registration, notify a refusal of protection after the expiry of the 18-month period, but only if:
(i) he, prior to the expiration of the 18-month period, informed the International Bureau of the possibility of oppositions being filed after the expiration of the 18-month period, and that;
(ii) notification of refusal based on an opposition shall be made within a maximum period of seven months from the date on which the opposition period begins; if the opposition period expires before the seven months, the notice must be made within one month of the expiry of the said opposition period.
(d) Any declaration under subparagraphs (b) or (c) may be made in the instruments referred to in Article 14, § 2, and the date on which the declaration shall take effect shall be the same as the date on which this Protocol comes into force with respect to the State or intergovernmental organization that made the declaration. Such a declaration may also be made at a later date, in which case the declaration shall take effect three months after it is received by the Director General of the Organization (hereinafter referred to as the Director General), or at any later date specified in the declaration, in respect of international registrations whose date is the same as the date on which the declaration takes effect or is after that date.
(e) Upon expiry of a ten-year period from the date of entry into force of this Protocol, the Assembly shall conduct an audit of the operation of the system established by subparagraphs (a) to (d). After that, the provisions of those subparagraphs may be amended by a unanimous decision of the Assembly.
3. The International Bureau will promptly transmit to the holder of the international registration one of the copies of the notification of refusal. The licensee shall have the same means of appeal as if the trademark had been directly filed by the licensee with the Agency that notified its refusal. When the International Bureau has received information under paragraph 2. (c) (i), it shall promptly transmit such information to the holder of the international registration.
4. The grounds for refusal of a mark will be communicated by the International Bureau to the interested parties who request it.
5. Any Agency that has not notified the International Bureau of a preliminary or final refusal in respect of a particular international registration, in accordance with paragraphs 1er and 2, in respect of this international registration, shall lose the benefit of the faculty provided for in paragraph 1er.
6. The invalidation, by the competent authorities of a contracting party, of the effects on the territory of that contracting party of an international registration may not be pronounced without the holder of that international registration being able to assert his rights in due course. Invalidation will be notified to the International Bureau.
Article 5bis
Evidence of legitimacy
use of certain elements of the mark
The supporting documents of the legitimacy of the use of certain elements contained in the marks, such as coat of arms, coats, portraits, honorary distinctions, titles, trade names or names of persons other than that of the applicant, or other similar registrations, which could be claimed by the Offices of the Contracting Parties, will be exempted from any legalization and from any certification other than that of the Office of Origin.
Article 5ter
Copy of references in the international register;
antique research; extracts from the international register
1. The International Bureau shall issue a copy of the records in the international register in respect of a specified mark to any person who makes the application, with the payment of a fee set by the Implementing Regulations.
2. The International Bureau will also be able, against remuneration, to conduct antique searches among brands that are subject to international registrations.
3. Extracts from the international register requested for production in one of the contracting parties will be exempted from legalization.
Article 6
Validity of international registration;
dependence and independence of international registration
1. The registration of a mark at the International Bureau shall be carried out for ten years, with the possibility of renewal under the conditions set out in Article 7.
2. Upon the expiry of a five-year period from the date of international registration, the international registration shall become independent of the basic application or registration that originates from it, or of the basic registration, as the case may be, subject to the following provisions:
3. The protection resulting from the international registration, whether or not the subject of a transmission, shall no longer be invoked if, before the expiry of five years from the date of the international registration, the basic application or the registration thereof, or the basic registration, as the case may have been the subject of a withdrawal, expired or has been the subject of a renunciation or a cancellation It will be the same if:
(i) an appeal against a decision denying the effects of the basic application;
(ii) an action for the withdrawal of the basic application or the revocation, deletion or invalidation of the registration that is the result of the basic application, or the basic registration, or
(iii) an objection to the basic application shall, after the expiry of the five-year period, result in a final decision of rejection, revocation, deletion or invalidation, or requiring the withdrawal, basic application or registration, as the case may be, or the basic registration, provided that the appeal, action or opposition in question began before the expiry of the said period. It will also be the same if the basic application is withdrawn, or if the registration that originates from the basic application, or the basic registration, is the subject of a waiver, after the expiry of the five-year period, provided that, at the time of withdrawal or renunciation, such application or registration is the subject of a procedure referred to in (i), (ii) or (iii) and that such procedure has commenced.
4) The Office of Origin shall notify the International Bureau, as prescribed in the Implementing Regulations, of the facts and decisions relevant to paragraph 3, and the International Bureau shall inform interested parties and shall make any relevant publication, as prescribed in the Implementing Regulations. The Office of Origin will, where appropriate, request the International Bureau to remove, to the extent applicable, international registration, and the International Bureau will respond to its application.
Article 7
Renewal of international registration
1. Any international registration may be renewed for a period of ten years from the expiration of the preceding period, by the simple payment of the basic emolument and, subject to Article 8, § 7, additional emoluments and emoluments provided for in Article 8, § 2.
2. Renewal may not make any changes to the international registration in its last state.
3. Six months prior to the expiry of the term of protection, the International Bureau will remind the holder of the international registration and, if applicable, to his agent, by sending an informal notice, the exact date of such termination.
4. With the payment of a surtax established by the Implementing Regulations, a grace period of six months will be granted for the renewal of the international registration.
Article 8
Taxes for international demand and international registration
1. The Office of Origin shall have the power to determine at its option and to collect a fee for its benefit to the applicant or the holder of the international registration on the occasion of the filing of the international application or on the occasion of the renewal of the international registration.
2. The registration of a mark in the International Bureau shall be subject to the prior regulation of an international emolument that shall include, subject to the provisions of paragraph 7 (a):
(i) a basic emolument;
(ii) an additional emolument for any class of the international classification in excess of the third in which the goods or services to which the mark applies;
iii) an emolument supplement for any application for protection extension in accordance with Article 3ter.
3. However, the additional emolument specified in paragraph 2, (ii) may be settled within a time limit set by the Implementing Regulations, if the number of classes of goods or services has been fixed or challenged by the International Bureau and without prejudice to the date of international registration. If, at the expiry of that period, the additional emolument was not paid or if the list of products or services has not been reduced by the applicant to the extent necessary, the international application will be considered abandoned.
4. The annual proceeds of the various international registration revenues, with the exception of receipts from emoluments referred to in paragraph (2) (ii) and (iii), shall be equally distributed among the contracting parties by the International Bureau, after deduction of the costs and expenses required by the execution of this Protocol.
5. The amounts from the additional emoluments referred to in paragraph 2. (ii) shall be distributed, at the end of each year, between the Contracting Parties concerned proportionally to the number of marks for which protection has been requested in each of them during the past year, with the number assigned, with respect to the Contracting Parties conducting a review, a coefficient to be determined by the Implementing Regulations.
6. The amounts from the emolument supplements referred to in paragraph 2. (iii) shall be divided according to the same rules as those set out in paragraph 5.
7. (a) Any Contracting Party may declare that, in respect of each international registration in which it is mentioned under Article 3ter and in respect of the renewal of such an international registration, it wishes to receive, instead of a portion of the income from the additional emoluments and additional emoluments, a tax (hereinafter referred to as "individual tax") that is indicated in the declaration, and that may be When such an individual tax is to be paid:
(i) no additional emolument referred to in paragraph 2 (ii) shall be payable if only Contracting Parties that have made a declaration under this subparagraph are referred to in Article 3ter, and
(ii) no further emolument referred to in paragraph 2 (iii) shall be due in respect of any Contracting Party that has made a declaration under this subparagraph.
(b) Any declaration under subparagraph (a) may be made in the instruments referred to in article 14, paragraph 2, and the date on which the declaration takes effect shall be the same as the date on which this Protocol comes into force with respect to the State or intergovernmental organization that made the declaration. Such a declaration may also be made at a later date, in which case the declaration shall take effect three months after its receipt by the Director General, or at any later date specified in the declaration, in respect of international registrations whose date is the same as the date on which the declaration takes effect or is later.
Article 9
Registration of a licensee change
International Registration
At the request of the person on whose behalf the international registration is registered, or at the request of an Office concerned made on its own or at the request of an interested person, the International Bureau shall record in the international register any change in the holder of that registration, in respect of the whole or of some of the Contracting Parties in whose territory the said registration has effect and in respect of all or part of the goods and services listed in the registration, subject to reservation §
Article 9bis
Certain entries concerning international registration
The International Bureau will register:
(i) any change in the name or address of the holder of the international registration;
(ii) the establishment of an agent of the holder of the international registration and any other relevant data relating to such an agent;
(iii) any limitation, in respect of all or some of the contracting parties, of the goods and services listed in the international registration;
(iv) any waiver, deletion or invalidation of the international registration in respect of the whole or some of the contracting parties;
(v) any other relevant data identified in the Implementing Regulations relating to rights on a mark that is subject to international registration.
Article 9ter
Taxes for certain entries
Any registration made under section 9 or under section 9bis may result in the payment of a tax.
Article 9quater
Joint Office of several Contracting States
1. If several Contracting States agree to unify their national trademark laws, they may notify the Director General:
(i) that a Joint Office shall replace the National Office of each of them, and
(ii) that all their respective territories shall be considered as a single State for the application of all or part of the provisions preceding this article and the provisions of articles 9quinquies and 9sexies;
2. This notification shall take effect only three months after the date of the communication to be made by the Director-General to the other contracting parties.
Article 9
Transformation of an international registration
national or regional requests
Where, in the event that the international registration is terminated by the request of the Office of Origin under Article 6, § 4, in respect of all or part of the goods and services listed in the said registration, the person who was the holder of the international registration shall file an application for the registration of the same mark with the Office of one of the Contracting Parties in whose territory the international registration had effect, that application shall be treated as
(i) that the application be filed within three months from the date on which the international registration was terminated;
ii) that the products and services listed in the application are actually covered by the list of goods and services listed in the international registration in respect of the Contracting Party concerned, and
(iii) that the application complies with all the requirements of applicable legislation, including those relating to taxes.
Article 9
Back to the Madrid Agreement (Stockholm)
1. Where, in respect of a given international application or international registration, the Office of Origin is the Office of a State that is a party to both this Protocol and the Madrid Agreement (Stockholm), the provisions of this Protocol shall not affect the territory of any other State that is also a party to both this Protocol and the Madrid Agreement (Stockholm).
2. The Assembly may, by a three-quarter majority, repeal paragraph 1, or restrict the scope of paragraph 1er, after the expiry of a period of ten years from the date of entry into force of this Protocol, but not before the expiry of a five-year period from the date on which the majority of the countries Parties to the Madrid Agreement (Stockholm) have become parties to this Protocol. Only States that are parties to the Agreement and this Protocol shall be entitled to participate in the voting of the Assembly.
Article 10
Assembly
1. (a) The Contracting Parties are members of the same Assembly as the countries Parties to the Madrid Agreement (Stockholm).
(b) Each Contracting Party shall be represented in this Assembly by a delegate, who may be assisted by alternates, advisers and experts.
(c) The expenses of each delegation shall be borne by the Contracting Party which has designated it, with the exception of travel expenses and residence allowances for a delegate of each Contracting Party who is responsible for the Union.
2. The Assembly, in addition to its functions under the Madrid Agreement (Stockholm):
(i) deals with all matters relating to the application of this Protocol;
(ii) provide guidance to the International Bureau on the preparation of the Review Conferences of this Protocol, with due regard to the comments of the countries of the Union that are not parties to this Protocol;
(iii) adopt and amend the provisions of the Implementing Regulations relating to the application of this Protocol;
(iv) perform any other functions that this Protocol entails.
3. (a) Each Contracting Party shall have a vote in the Assembly. On matters that concern only the countries that are parties to the Madrid Agreement (Stockholm), the Contracting Parties that are not parties to the Agreement do not have the right to vote, while on matters that concern only the Contracting Parties, only the Contracting Parties have the right to vote.
(b) Half of the members of the Assembly who have the right to vote on a particular issue is the quorum for voting on this issue.
(c) Notwithstanding the provisions of subparagraph (b), if, at a session, the number of members of the Assembly who have the right to vote on a particular issue and who are represented is less than half but equal to or greater than one third of the members of the Assembly who have the right to vote on that matter, the Assembly may take decisions; However, the decisions of the Assembly, with the exception of those concerning its procedure, become enforceable only when the conditions set out below are met. The International Bureau shall communicate the said decisions to the members of the Assembly who have the right to vote on the said matter and who were not represented, inviting them to express in writing, within three months of the date of the said communication, their vote or abstention. If, at the expiry of this period, the number of such members who have thus expressed their vote or abstention is at least equal to the number of members who defaulted for the quorum to be reached at the session, such decisions shall become enforceable, provided at the same time the necessary majority remains acquired.
(d) Subject to the provisions of Articles 5, § 2, e), 9sexies, § 2, 12 and 13, § 2, the decisions of the Assembly shall be taken by a two-thirds majority of the votes cast.
(e) Abstention is not considered a vote.
(f) A delegate may represent only one member of the Assembly and may only vote on behalf of the Assembly.
4. In addition to its meetings in ordinary sessions and special sessions in accordance with the Madrid Agreement (Stockholm), the Assembly shall meet in special session, convened by the Director-General, at the request of a quarter of the members of the Assembly who have the right to vote on matters proposed for inclusion in the agenda of the session. The agenda of such a special session is prepared by the Director General.
Article 11
International Bureau
1. The tasks relating to international registration under this Protocol and other administrative tasks relating to this Protocol shall be carried out by the International Bureau.
2. (a) The International Bureau, as directed by the Assembly, prepares the Review Conferences of this Protocol.
(b) The International Bureau may consult intergovernmental and international non-governmental organizations on the preparation of such review conferences.
(c) The Director-General and the persons designated by him shall participate, without the right to vote, in the deliberations of the Review Conferences.
3. The International Bureau shall carry out any other tasks relating to this Protocol assigned to it.
Article 12
Finance
With regard to the contracting parties, the Union's finances are governed by the same provisions as those contained in Article 12 of the Madrid Agreement (Stockholm), on the understanding that any reference to Article 8 of that Agreement is considered a reference to Article 8 of this Protocol. In addition, for the purposes of Article 12, § 6, (b) of the said Agreement, the contracting organizations are, subject to a unanimous decision contrary to the Assembly, considered to belong to the class of contribution I (un) according to the Paris Convention for the Protection of Industrial Property.
Article 13
Amendment of certain articles of the Protocol
1. Proposals to amend Articles 10, 11, 12 and this Article may be submitted by any Contracting Party or by the Director-General. These proposals are communicated by the Contracting Parties at least six months before being submitted to the Assembly.
2. Any amendments to the articles referred to in paragraph 1er was adopted by the Assembly. Adoption requires three quarters of the votes cast; However, any amendment to Article 10 and this paragraph requires the four fifths of the votes cast.
3. Any amendments to the articles referred to in paragraph 1er comes into force one month after the Director General receives written notifications of acceptance, made in accordance with their respective constitutional rules, from three quarters of the States and intergovernmental organizations that were members of the Assembly at the time the amendment was adopted and that had the right to vote on the amendment. Any modification of the said articles thus accepted shall bind all States and intergovernmental organizations which are Contracting Parties at the time the amendment enters into force or become it at a later date.
Article 14
Modalities for becoming a party to the Protocol; effective
1. (a) Any State Party to the Paris Convention for the Protection of Industrial Property may become a party to this Protocol.
(b) In addition, any intergovernmental organization may also become a party to this Protocol when the following conditions are met:
(i) at least one of the member States of this organization is a party to the Paris Convention for the Protection of Industrial Property;
(ii) the said organization has a Regional Office for the purpose of registering trademarks that have effect on the territory of the organization, provided that such Office is not notified of section 9quater.
2. Any State or organization referred to in paragraph (1) may sign this Protocol. Any State or organization referred to in paragraph (1) may, if it has signed this Protocol, deposit an instrument of ratification, acceptance or approval of this Protocol or, if it has not signed this Protocol, deposit an instrument of accession to this Protocol.
3. The instruments referred to in paragraph (2) shall be deposited with the Director General.
4. (a) This Protocol shall enter into force three months after the deposit of four instruments of ratification, acceptance, approval or accession, provided that at least one of these instruments has been deposited by a country Party to the Madrid Agreement (Stockholm) and that at least one of these instruments has been deposited by a State not party to the Madrid Agreement (Stockholm) or by one of the organizations referred to in (1) (b).
(b) With respect to any other State or organization referred to in paragraph (1), this Protocol shall enter into force three months after the date on which its ratification, acceptance, approval or accession has been notified by the Director General.
5. Any State or organization referred to in paragraph (1) may, at the time of deposit of its instrument of ratification, acceptance or approval of this Protocol, or its instrument of accession to the Protocol, declare that the protection resulting from an international registration under this Protocol before the date of entry into force of that Protocol in respect of it may not be extended to it.
Article 15
Denunciation
1. This Protocol shall remain in force without limitation of time.
2. Any Contracting Party may denounce this Protocol by notification to the Director-General.
3. The denunciation takes effect one year after the day the Director-General received the notification.
4. The power of denunciation under this Article shall not be exercised by a Contracting Party before the expiry of a period of five years from the date on which this Protocol entered into force with respect to that Contracting Party.
5. (a) Where a mark is the subject of an international registration having effect, in the State or intergovernmental organization that denounces this Protocol, on the date on which the denunciation becomes effective, the holder of the said registration may file, with the Office of the said State or organization, an application for the registration of the same mark, which shall be treated as if it had been filed on the date of the international registration under Article 3, 4
(i) that the application be filed within two years of the date on which the denunciation became effective;
ii) that the products and services listed in the application are in fact covered by the list of products and services listed in the international registration in respect of the State or intergovernmental organization that has denounced this Protocol, and
(iii) that the application complies with all the requirements of applicable legislation, including those relating to taxes.
(b) The provisions of subparagraph (a) shall also apply in respect of any mark that is the subject of an international registration having effect, in Contracting Parties other than the State or intergovernmental organization that denounces this Protocol, at the date on which the denunciation becomes effective, and the holder, by reason of the denunciation, is no longer entitled to file international applications under Article 2, paragraph 1st.
Article 16
Signature; languages; depositary functions
1. (a) This Protocol shall be signed in a single copy in French, English and Spanish and shall be deposited with the Director General when it is no longer open for signature in Madrid. The texts in the three languages are equally authentic.
(b) Official texts of this Protocol shall be prepared by the Director General, after consultation with the Governments and interested organizations, in the German, Arabic, Chinese, Italian, Japanese, Portuguese and Russian languages, and in the other languages which the Assembly may indicate.
2. This Protocol remains open for signature in Madrid until 31 December 1989.
3. The Director-General shall transmit two copies, certified by the Government of Spain, of the texts signed by this Protocol to all States and intergovernmental organizations that may become parties to this Protocol.
4. The Director General shall register this Protocol with the Secretariat of the United Nations.
5. The Director-General shall notify all States and international organizations that may become parties or are parties to this Protocol of signatures, deposits of instruments of ratification, acceptance, approval or accession, and the entry into force of this Protocol and of any amendments to this Protocol, any notification of denunciation and any declaration provided for in this Protocol.
____
Note
(1) Session 1996-1997.
Senate:
Documents. - Bill No. 1-524/1 (15 January 1997). - Report, no. 1-524/2. Text adopted by Commission No. 1-524/3.
Annales parliamentarians. - Bill table. - Discussion, meeting of 17 April 1997. - Voting, meeting of 17 april 1997.
House of Representatives:
Documents. - Project transmitted by Senate, No. 1001/1.
Annales parliamentarians. - Discussion, 4-6-97 session. Voting, meeting of 5 June 1997.

Madrid Agreement Concerning the International Registration of Marks, adopted in Madrid on 27 June 1989.
LIST OF LIES (situation 1er January 1998)
For the consultation of the table, see image
The text of the statement made by Belgium is as follows:
"In respect of Article 8, paragraph 7, (a) of the Madrid Protocol (1989), the Government of the Kingdom of Belgium declares that, in respect of each international registration in which it is mentioned under Article 3ter of the said Protocol, as well as in respect of the renewal of such an international registration, it wishes to receive, instead of a share of the income from the additional emoluments and the individual supplements fixed as an individual fee,
a. international deposit:
1. base amount of F 3 938,- or fl 214,- for an individual mark;
2. base amount of F 5 612,- or fl 305,- for a collective mark;
3. supplement F 368,- or fl 20,- for each product and service class in addition to the third class of the international classification in which products and services are ranked;
b. Renewal of international registration:
1. base amount of F 6 458,- or fl 351,- for an individual mark;
2. base amount of F 11,758,- or fl 639,- for a collective mark;
3. supplement F 1 159,- or fl 639,- for each class of goods and services in addition to the third class of the international classification in which products and services are ranked.
With regard to Article 9quater, the Benelux Office of the Marques is the Common Office of the "Beneelux Territory", covering all the territories of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands in Europe, which must be considered as a single State. "