1994 ACT 178
Official Journal No. 41,656, of December 29, 1994
By means of which the "Paris Convention for the Protection of Industrial Property" was adopted, made in Paris on March 20, 1883, revised in Brussels on December 14, 1900, in Washington on June 2, 1911, in La There is 6 November 1925, in London on 2 June 1934, in Lisbon on 31 October 1958, in Stockholm on 14 July 1967 and amended on 2 October 1979.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "Paris Convention for the Protection of Industrial Property", made in Paris on 20 March 1883, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934, in Lisbon on 31 October 1958, in Stockholm on 14 July 1967 and amended on 2 October 1979.
Spanish official text established pursuant to Article 29. (1) (b).
" PARIS CONVENTION FOR PROTECTION
of March 20, 1883, revised in Brussels on December 14
of 1900, in Washington on June 2, 1911, in The Hague on 6
November 1925, in London on June 2, 1934, in Lisbon
on October 31, 1958, in Stockholm on July 14, 1967
and amended on October 2, 1979.
1. The countries to which this Convention applies are constituted in Union for the Protection of Industrial Property.
2. The protection of the Industrial Property has as object the patents of invention, utility models, industrial designs, brands of factory or trade, service marks, trade name, indications of origin or designations of origin, as well as the repression of unfair competition.
3. Industrial property is understood in its broadest sense and applies not only to industry and commerce itself, but also to the dominance of the agricultural and extractive industries and all manufactured or natural products, by example: wines, grains, tobacco leaves, fruits, animals, minerals, mineral waters, beers, flowers, flour.
4. The invention also relates to the various species of industrial patents admitted by the laws of the countries of the Union, such as import patents, patent processing patents, patents and certificates of addition, etc.
1. The nationals of each of the countries of the Union shall enjoy in all other countries of the Union, in respect of the protection of industrial property, the advantages which the respective laws currently grant or in the future to their (a) without prejudice to the rights in particular provided for in this Convention. Consequently, those will have the same protection as these and the same legal remedy against any attack on their rights, as long as they meet the conditions and formalities imposed on nationals.
2. However, no status of domicile or establishment in the country where the protection is claimed may be required of nationals of the countries of the Union to enjoy any of the industrial property rights.
3. The provisions of the legislation of each of the countries of the Union relating to the judicial and administrative procedure, and to competition, as well as to the choice of domicile or the constitution of a representative, are expressly reserved. which are required by industrial property laws.
ARTICLE 3o. [ASSIMILATION OF CERTAIN CATEGORIES OF PERSONS TO NATIONALS OF THE COUNTRIES OF THE UNION]. nationals of countries not forming part of the Union who are domiciled or are nationals of the Union countries are treated as nationals of the Union. have effective and serious industrial or commercial establishments in the territory of one of the countries of the Union.
A. 1. Any person who has regularly deposited an application for a patent of invention, utility model, design, factory or trade mark, in any of the countries of the Union or his successor in title, shall enjoy, for the purposes of deposit in the other countries, of a right of priority, during the periods fixed later in the present.
2. It is recognised that the right of priority is given to any deposit which has the value of a regular national deposit, in accordance with the national law of each Union country or of bilateral or multilateral treaties concluded between countries of the Union.
3. A regular national deposit means any deposit that is sufficient to determine the date on which the application was deposited in the country concerned, whatever the subsequent fate of this application.
B. Consequently, the deposit made subsequently in one of the other countries of the Union, before the expiry of these periods, may not be invalidated by events occurring in the interval, in particular by another deposit, by the publication of the invention or its exploitation, by the sale of copies of the design or by the use of the mark, and these facts may not give rise to any third-party right or to any personal possession. The rights acquired by third parties before the day of the first application serving as a basis for the right of priority shall be reserved for the purposes of the internal legislation of each country of the Union.
C. 1) The above mentioned priority periods shall be 12 months for patents and utility models and for six months for industrial designs and for trade or trade marks.
2) These periods start to run from the date of the deposit of the first application; the day of the deposit is not included in the deadline.
3) If the last day of the deadline is a legally holiday or a day when the office does not open to receive the deposit of the applications in the country where the protection is claimed, the deadline will be extended until the first working day that follows.
4) It shall be considered as first application, the date of which shall be the starting point of the priority period, a subsequent application having the same object as a first previous application within the meaning of paragraph (2) above. referred to, deposited in the same country of the Union, provided that this earlier application, at the date of the deposit of the subsequent application, has been withdrawn, abandoned or refused, without having been subject to public inspection and without leaving (a) the rights of the Member States of the European Union and of the Member States of the European Union; . The previous application may never again serve as a basis for the claim of the right of priority.
D. 1) Who wishes to take precedence over the priority of a previous deposit shall be obliged to indicate in a declaration the date and country of this deposit. Each country shall determine the maximum period within which this declaration shall be made.
2. These particulars shall be mentioned in the publications which come from the competent authorities, in particular in the patents and their descriptions.
3) The countries of the Union may require the person making a declaration of priority to submit a copy of the application (description, drawings, etc.) previously deposited. The copy, certified by the Administration that would have received such request, shall be exempt from any legalization and in any case may be deposited, exempt from expenses, at any time within three months from the date of from the date of the deposit of the subsequent request. It may be required to be accompanied by a certificate of the date of the deposit issued by that Administration and a translation.
4) No other formalities may be required for the declaration of priority at the time of deposit of the application. Each country of the Union shall determine the consequences of the omission of the formalities provided for in this Article, without the consequences of such consequences exceeding the loss of the right of priority.
5) Other supporting documents may be required.
The priority of an earlier deposit shall be required to indicate the number of this deposit; this indication shall be published in accordance with the conditions laid down in paragraph 2 above.
E. (1) Where an industrial design has been deposited in a country by virtue of a right of priority based on the deposit of a utility model, the period of priority shall be that fixed for industrial designs.
2) Furthermore, a utility model is allowed to be deposited in a country under a right of priority based on the deposit of a patent application and vice versa.
F. No country of the Union may refuse a priority or a patent application on the grounds that the depositor claims multiple priorities, even if they come from different countries, or for the reason that a claim claiming one or more Several priorities contain one or more elements that were not included in the application or requests whose priority is claimed, with the condition, in both cases, that there is unity of invention, according to the law of the country.
As regards the elements not included in the application or applications whose priority is claimed, the deposit of the subsequent application gives rise to a right of priority under normal conditions.
G. (1) If the examination reveals that a patent application is complex, the applicant may divide the application into a number of divisional applications, with the date of the initial application being retained as the date of the initial application and, if applicable, the benefit of the right of priority.
2) The applicant may also, on his own initiative, divide the patent application, retaining, as the date of each divisional application, the date of initial application and, if applicable, the benefit of the right of priority. Each country of the Union shall have the power to determine the conditions under which this division shall be authorised.
H. The priority may not be refused on the grounds that certain elements of the invention for which the priority is claimed do not appear among the claims made in the application lodged in the country of origin, provided that the the documents of the application reveal in a precise manner the existence of the above elements.
I. 1. Applications for inventor's certificates deposited in a country in which applicants are entitled to apply for a patent or an inventor's certificate shall give rise to the right of priority set out in this Article. under the same conditions and with the same effects as applications for patents of invention.
2) In a country where depositors have the right to apply for a patent or an inventor's certificate, on their choice, for an inventor's certificate, in accordance with the provisions of this Article applicable to the patent applications, the right of priority based on the deposit of a patent application for invention, utility model or inventor's certificate.
1. Patents applied in the different countries of the Union by nationals of EU countries shall be independent of patents obtained for the same invention in other countries attached to the Union or not.
2. This provision must be understood in an absolute manner, in particular in the sense that the patents applied for during the period of priority are independent, both from the point of view of the causes of nullity and revocation, and from the point of view. of the normal duration.
3. It will apply to all patents existing at the time of its entry into force.
4. The same applies in the case of accession of new countries to existing patents on both sides at the time of accession.
5. Patents obtained with the benefit of priority shall enjoy, in the different countries of the Union, a duration equal to that which they would enjoy if they had been applied for or granted without the benefit of priority.
ARTICLE 4o-ter [PATENTS: MENTION OF THE INVENTOR IN THE PATENT]. The inventor has the right to be mentioned as such in the patent.
ARTICLE 4o-quater [PATENTS: POSSIBILITY OF PATENT IN CASE OF LEGAL RESTRICTION OF SALE]. The grant of a patent may not be refused and a patent may not be invalidated for the reason that the sale the patented product or obtained by a patented process is subject to restrictions or limitations resulting from national legislation.
[A. patents: introduction of objects, lack or insufficiency of exploitation, compulsory licences. B. industrial designs: lack of exploitation, introduction of objects. C. trade marks: lack of use, different forms, employment by co-owners. D. patents, utility models, trademarks, industrial designs: signs and indications.
A. (1) The introduction by the patent holder in the country where the patent has been granted of objects manufactured in another country of the Union shall not cause its expiry.
2) Each of the countries of the Union shall have the power to take legislative measures, which provide for the granting of compulsory licences, in order to prevent abuses which could result from the exercise of the exclusive right conferred by the patent, example, lack of exploitation.
3) The expiry of the patent may not be provided for but in the case where the granting of compulsory licences has not been sufficient to prevent such abuse. No action for the revocation or revocation of a patent may be filed before the expiry of two years after the first compulsory licence has been granted.
4) A compulsory licence may not be applied for because of a lack of or insufficient exploitation before the expiry of a period of four years from the deposit of the patent application or three years from the date of the granting of the licence. If the patent holder justifies his inaction with legitimate excuses, it will be rejected if the patent holder justifies his inaction with legitimate excuses. Such a compulsory licence shall be non-exclusive and may not be transmitted, even in the form of a sublicence, but with the part of the undertaking or the business establishment which operates the licence.
5) The provisions that precede will be applicable to the utility models, without prejudice to the necessary modifications.
B. The protection of industrial designs must not be affected by an expiration of any kind, whether for lack of exploitation, for the introduction of objects similar to those that are protected.
C. (1) If the use of the registered trade mark is compulsory in a country, the registration may not be cancelled but after a fair period and if the person concerned does not justify the reasons for his failure to act.
2) The use of a trademark or trade mark by the owner, in a manner that differs from the elements which do not alter the distinctive character of the mark in the way that it has been registered in one of the countries of the Union, cause the registration to be invalidated, nor shall the protection granted to the trade mark be reduced.
3) The simultaneous use of the same mark on identical or similar products, by industrial or commercial establishments considered as co-owners of the mark according to the provisions of the national law of the country where the protection is claims, shall not prevent registration, nor shall it diminish in any way the protection granted to such a mark in any country of the Union, whereas such employment does not have the effect of inducing the public to error and is not contrary to the public interest.
D. No sign or mention of patent, utility model, trademark registration or trade mark or design deposit or industrial model shall be required on the product, for the recognition of the right.
1. A grace period, which shall be at least six months, shall be granted for the payment of the fees provided for the maintenance of industrial property rights, by payment of an overtax, if the national legislation imposes it.
2. The countries of the Union have the power to provide for the rehabilitation of expired patents as a result of the failure to pay the fees.
ARTICLE 5o. ter [PATENTS: FREE INTRODUCTION OF PATENTED OBJECTS FORMING PART OF LOCOMOTION APPARATUS]. In each of the countries of the Union, it shall not be considered to attack the rights of the patent holder:
1. Employment, on the basis of vessels from other countries of the Union, of means constituting the object of their patent on the hull of the vessel, on machinery, gear, apparatus and other accessories, when such vessels enter temporarily or accidentally into the waters of the country, with the reservation that these means are used exclusively for the needs of the vessel.
2. The use of means constituting the object of their patent in the construction or operation of the air or ground locomotion apparatus of the other countries of the Union or of the accessories of such apparatus, when they penetrate temporarily or accidentally in the country.
ARTICLE 5o. c [PATENTS: INTRODUCTION OF PRODUCTS MANUFACTURED IN APPLICATION OF A PATENTED PROCEDURE IN THE COUNTRY OF IMPORTATION]. When a product is introduced into a country of the Union where there is a patent that protects a procedure of manufacture of that product, the holder of the patent shall have, in respect of the product introduced, all the rights which the legislation of the country of import grants him, on the basis of the patent of the procedure, with respect to the products manufactured in that country.
ARTICLE 5o. quinquies [INDUSTRIAL DESIGNS]. Industrial designs shall be protected in all countries of the Union.
1. The conditions of deposit and registration of trade marks or trade marks shall be determined in each country of the Union by its national legislation.
2. However, a mark deposited by a national of a Union country in any country of the Union shall not be refused or invalidated for the reason that it has not deposited, registered or renewed in the country of origin.
3. A trade mark, regularly registered in a country of the Union, shall be regarded as independent of the trade marks registered in the other countries of the Union, including the country of origin.
1. The countries of the Union undertake, either ex officio, whether the legislation of the country permits, either at the request of the person concerned, to refuse or invalidate the registration and to prohibit the use of a trademark or trade mark which constitutes reproduction, imitation or translation, liable to create confusion, of a mark which the competent authority of the country of registration or use considers to be there known as being already a mark of a person who may benefit from this Convention and used for identical or similar products. The same shall apply where the essential part of the mark constitutes the reproduction of such a well-known mark or an imitation liable to create confusion with it.
2. A minimum period of five years shall be granted from the date of registration in order to claim the cancellation of that mark. The countries of the Union have the power to provide for a period within which the prohibition of use must be claimed.
3. No time limit shall be set for claiming the cancellation or prohibition of use of trademarks or used in bad faith.
1. (a) The countries of the Union agree to refuse or to cancel the registration and to prohibit, with appropriate measures, the use, without permission of the competent authorities, either as trademarks or trade marks or as elements of the trade marks, the coats of arms, flags and other state emblems of the countries of the Union, signs and official marks of control and guarantee adopted by them, as well as all imitation from the heraldic point of view.
(b) The provisions of paragraph (a) above apply equally to the coats of arms, flags and other emblems, acronyms or names of international intergovernmental organisations of which one or more countries of the Union are members, with the exception of the coats of arms, flags and other emblems, acronyms or names which have been the subject of international agreements in force to ensure their protection.
c) No Union country may be required to apply the provisions set out in point (b) above to the detriment of holders of rights acquired in good faith before the entry into force of this Convention in that country. The countries of the Union are not obliged to apply those provisions where the use or registration referred to in point (a) above is not of a nature such as to suggest, in the spirit of the public, a link between the organisation in the case and the coats of arms, flags, emblems, acronyms or names, or whether such use or registration is not likely to be of such a nature as to mislead the public as to the existence of a link between the person who uses it and the organisation.
2. The prohibition of official signs and marks of control and warranty shall apply only in cases where the marks containing them are intended to be used on goods of the same genus or similar genus.
3. (a) For the implementation of these provisions, the countries of the Union agree to communicate reciprocally through the International Bureau, the list of State emblems, signs and official control points, and guarantees they wish to or wish to place, in absolute or within certain limits, under the protection of this Article, as well as all subsequent modifications made to this list. Each country of the Union shall make the notified lists available to the public at a working time.
However, this notification is not mandatory as far as the flags of states are concerned.
(b) The provisions set out in paragraph (1) (b) of this Article are not applicable but to the coats of arms, flags and other emblems, acronyms or names of international intergovernmental organizations which are have communicated to the countries of the Union through the International Bureau.
4. Any country of the Union may, within 12 months of receipt of the notification, transmit through the International Bureau, the country or the international intergovernmental organization concerned its possible objects.
5. For State flags, the measures provided for in paragraph 1 above shall apply only to trademarks registered after 6 November 1925.
6. For State emblems other than flags, for official signs and punches of the countries of the Union and for the coats of arms, flags and other emblems, acronyms or names of international intergovernmental organizations, These provisions shall apply only to trademarks registered after the two months following receipt of the notification provided for in paragraph 3 above.
7. In the case of bad faith, the countries will have the power to cancel even the marks registered before 6 November 1925 which contain state emblems, signs and punches.
8. The nationals of each country who are authorized to use the State emblems, signs and punches of their country may use them even if they are similar to those of another country.
9. The countries of the Union undertake to prohibit the unauthorised use, in trade, of the coats of arms of State of the other countries of the Union, where such use is such as to mislead the origin of the products.
10. The provisions which precede the exercise by the countries of the right to refuse or to invalidate, in accordance with paragraph (3) of Section B of Article 6d, the marks which contain, without authorization of arms, flags and other State emblems, or official signs and punches adopted by a country of the Union, as well as the distinguishing signs of the international intergovernmental organizations referred to in paragraph 1 above.
1. Where, in accordance with the law of a country of the Union, the transfer of a trade mark is not valid but when it has taken place at the same time as the transfer of the undertaking or the business to which the trade mark belongs, it shall be sufficient for it to be validity is accepted, that the part of the company or the business located in this country is transmitted to the transferee with the exclusive right to manufacture or to sell the products bearing the ceded mark there.
2. This provision does not impose on the countries of the Union the obligation to regard as valid the transfer of any mark whose use by the transferee is, in fact of a nature, such as to mislead the public, in particular as regards the origin, nature or substantial qualities of the products to which the mark applies.
A. 1. Any trade mark or trade mark regularly registered in the country of origin shall be admitted for storage and protection as is the case in the other countries of the Union, subject to the conditions laid down in this Article. These countries may, before proceeding to the final registration, require the presentation of a certificate of registration in the country of origin, issued by the competent authority.
No legalization will be required for this certificate.
2. The country of origin of the Union country where the depositor has an effective and serious industrial or commercial establishment, and, if he does not have such an establishment in the Union, the country of the Union where he has his address, shall be considered as the country of origin. if he does not have an address in the Union, the country of his nationality, in the event that he is a national of a Union country.
B. Trade marks or trade marks governed by this Article may not be refused for registration or invalidated more than in the following cases:
1. When they are able to affect rights acquired by third parties in the country where protection is claimed.
2. Where they are devoid of any distinctive character, or consist exclusively of signs or indications which may serve, in trade, to designate the species, the quality, quantity, destination, value, place of origin of the products or the time of production, or that they have become customary in the language of the stream or in the loyal and constant customs of commerce of the country where the protection is claimed.
3. When they are contrary to morality or public origin, and in particular when they are capable of deceiving the public. It is understood that a trade mark may not be regarded as contrary to public order on the sole grounds that it is not in conformity with any provision of the trade mark legislation, except where that provision relates to public policy.
In any case, the application of Article 10a is reserved.
C. 1. In order to assess whether the mark is liable to be protected, account must be taken of all the circumstances in fact, namely the duration of the use of the mark.
2. Trade marks may not be refused in the other countries of the Union for the sole reason that they differ from the protected trade marks in the country of origin only by elements which do not alter the distinctive character and do not affect the the identity of the trade marks, in the form in which they have been registered in the country of origin.
D. No one may benefit from the provisions of this Article if the mark for which protection is claimed has not been registered in the country of origin.
E. However, in no case, the renewal of the registration of a trademark in the country of origin will entail the obligation to renew the registration in the other countries of the Union where the trademark has been registered.
F. Trade mark deposits made within the time limit of Article 4 shall acquire the benefit of priority, even if the registration in the country of origin is not effected but after the end of that period.
ARTICLE 6o sexies [MARCAS: SERVICE MARCAS]. The countries of the Union undertake to protect service marks.
They are not required to provide for registration of these marks.
1. If the agent or the representative of the person who is the proprietor of a trade mark in one of the countries of the Union requests, without authorisation from that holder, the registration of that mark to his or her own name, in one or more of those countries, the holder shall have the right to to object to the registration requested or to claim the cancellation or, if the law of the country permits, the transfer in his favor of the said registration, unless this agent or representative justifies his actions.
2. The proprietor of the trade mark shall, under the conditions set out in paragraph (1) above, have the right to oppose the use of his mark by his agent or representative, if he has not authorized such use.
3. National laws have the power to provide for a fair period within which the proprietor of a trade mark must assert the rights provided for in this Article.
ARTICLE 7o. [TRADEMARKS: NATURE OF THE PRODUCT TO WHICH THE TRADE MARK IS TO BE APPLIED]. The nature of the product to which the trademark is to be applied cannot, in any event, be an obstacle to the registration of the mark.
1. The countries of the Union undertake to admit the deposit and to protect the collective marks belonging to collectivities whose existence is not contrary to the law of the country of origin, even if these collectivities do not have an establishment industrial or commercial.
2. Each country shall decide on the particular conditions under which a collective mark must be protected and may refuse protection if this trade mark is contrary to the public interest.
3. However, the protection of these marks may not be refused to any community whose existence is not contrary to the law of the country of origin, for the reason that it is not established in the country where the protection is claimed or that there is no constituted under the law of the country.
ARTICLE 8o-[COMMERCIAL NAMES]. The trade name shall be protected in all countries of the Union without obligation of deposit or registration, whether or not it forms part of a trademark or trade mark.
1. Any product that unlawfully carries a trademark or trade name or a trade name shall be seized upon importation in those countries of the Union in which this trade name or trade name is entitled to legal protection.
2. The embargo shall also take place in the country where the illicit application was made, or in the country where the product was imported.
3. The embargo shall be made at the request of the Public Ministry, of any other competent authority, or of any interested party, natural or moral person, in accordance with the domestic law of each country.
4. The authorities shall not be obliged to carry out the embargo in the case of transit.
5. If the legislation of a country does not support the embargo at the time of importation, the embargo shall be replaced by the import ban or the embargo inside.
6. If the legislation of a country does not accept the embargo at the time of importation, the import ban, or the embargo inside, and pending the amendment of the legislation, these measures shall be replaced by the following: the actions and means that the law of that country would grant in such a case to nationals.
1. The provisions of the preceding Article shall be applied in the case of direct or indirect use of a false indication concerning the origin of the product or the identity of the producer, manufacturer or trader.
2. In any case, it shall be recognised as an interested party, whether natural or moral, any producer, manufacturer or trader engaged in the production, manufacture or trade of that product and established in the locality falsely indicated as a place of origin. of provenance, or in the region where this locality is situated, or in the country falsely indicated, or in the country where the false indication of provenance is used.
1. The countries of the Union are obliged to ensure effective protection against unfair competition to nationals of the countries of the Union.
2. It is an act of unfair competition to act contrary to honest practices in industrial or commercial matters.
3. In particular they shall be prohibited:
1) Any act capable of creating confusion, by any means whatsoever, with respect to the establishment, products or industrial or commercial activity of a competitor;
2) False assertions, in the exercise of trade, capable of discrediting the establishment, products or industrial or commercial activity of a competitor;
3) Indications or assertions, the use of which, in the exercise of trade, may mislead the public about the nature, manner of manufacture, characteristics, fitness in employment or quantity of the products.
1. The countries of the Union undertake to ensure that the appropriate legal remedies are available to nationals of the other countries of the Union in order to effectively repress all the acts provided for in Articles 9, 10 and 10a.
2. Furthermore, they undertake to provide for measures to enable trade unions and associations of representatives of industrial, producers or traders concerned and whose existence is not contrary to the laws of their countries, to proceed judicially or to the administrative authorities for the repression of the acts provided for in Articles 9, 10 and 10a, in so far as the law of the country in which the protection is claimed permits the trade unions and associations of that country.
1. The countries of the Union shall grant, in accordance with their domestic legislation, temporary protection for patent inventions, utility models, industrial designs and trade marks, for the purposes of trade marks, products appearing in official or officially recognised international exhibitions organised in the territory of one of them.
2. This temporary protection shall not extend the time limits of Article 4. If, at a later date, the right of priority is invoked, the Administration of each country may count the period from the date of the introduction of the product into the exhibition.
3. Each country may require, as proof of the identity of the object and the date of introduction, the supporting documents it deems necessary.
1. Each country of the Union undertakes to establish a special service of industrial property and a central office for the communication to the public of patents, utility models, industrial designs and trademarks. factory or trade.
2. This service will publish a regular official sheet. Publish regularly:
(a) The names of the holders of the patents granted, with a brief description of the patented inventions;
b) Reproductions of trademarks.
1. (a) The Union shall have an assembly composed of the countries of the Union bound by Articles 13 to 17.
(b) The government of each member country shall be represented by a delegate, who may be assisted by an alternate, advisors and experts.
(c) The expenses of each delegation shall be borne by the government which has appointed it.
2. a) The Assembly:
i) It shall deal with all issues relating to the maintenance, development and implementation of the Union and the implementation of this Convention
ii) Give instructions to the International Intellectual Property Office (hereinafter referred to as "the International Bureau"), which is referred to in the Convention establishing the World Intellectual Property Organization (called the "International Bureau of Intellectual Property"). hereinafter referred to as 'the Organisation'), in relation to the preparation of the review conferences, taking due account of the observations of the countries of the Union which are not bound by Articles 13 to 17;
(iii) Examine and approve the reports and activities of the Director-General of the Organization relating to the Union and shall give him all the necessary instructions as regards the matters of the Union's;
iv) Elect members of the Executive Committee of the Assembly;
v) You will examine and approve the reports and activities of your Executive Committee and give you instructions;
vi) Set the programme, adopt the biennial budget of the Union and approve its balance sheets;
vii) Adopt the Union Financial Regulation;
viii) Create the committees of experts and working groups that it considers appropriate to achieve the objectives of the Union;
ix) Decides which non-Union countries and which intergovernmental and international non-governmental organizations may be admitted to their meetings as observers;
x) Adopt the modification agreements of Articles 13 to 17;
xi) Shall take any other appropriate action to achieve the objectives of the Union;
xii) Shall exercise the other functions implied by this Convention;
xiii) It shall exercise, on the condition that it accepts them, the rights conferred upon it by the Convention establishing the organization.
b) In matters of interest to other Unions administered by the organisation, the Assembly shall take its decisions in the light of the opinion of the Coordination Committee of the organisation.
3. (a) Without prejudice to the provisions of paragraph (b), a delegate may represent only one country;
b) the countries of the Union grouped under a particular arrangement within a common office which has for each of them the special national service character of the industrial property referred to in Article 12; may be jointly represented, in the course of the discussions, by one of them;
4. (a) Each Member State of the Assembly shall have one vote;
b) Half of the member countries of the Assembly shall constitute the quorum;
(c) Notwithstanding the provisions of paragraph (b), if the number of countries represented in any session is less than half but equal to or greater than the third of the member countries of the Assembly, the Assembly may take decisions; the decisions of the Assembly, except those relating to its own procedure, shall be enforceable only if the following requirements are met. The International Bureau shall communicate those decisions to the Member States which were not represented, inviting them to express in writing their vote or their abstention within a period of three months from the date of the communication. If, at the expiry of that period, the number of countries which have expressed their vote or their abstention amounts to the number of countries lacking for the quorum to be achieved at the sitting, those decisions shall be enforceable, provided that at the same time they are maintain the required majority;
(d) Without prejudice to the provisions of Article 17.2), the decisions of the Assembly shall be taken by a two-thirds majority of the votes cast;
e) Abstention shall not be considered as a vote.
5. (a) Subject to the provisions of paragraph (b), a delegate may not vote more than on behalf of a single country;
(b) The countries of the Union referred to in paragraph 3. (b) endeavour, as a general rule, to be represented by their own delegations at the meetings of the Assembly. However, if, for exceptional reasons, one of the countries mentioned is unable to be represented by its own delegation, it will be able to give the delegation of another of these countries to vote on its behalf, in the intelligence that a delegation he will not be able to vote for power more than for a single country. The corresponding power must be recorded in a document signed by the Head of State or the Minister responsible.
6. The countries of the Union which are not members of the Assembly shall be admitted to their meetings as observers.
7. (a) The Assembly shall meet once every two years in ordinary session, by convening the Director General and except in exceptional cases, during the same period and in the same place where the General Assembly of the Organization;
(b) The Assembly shall meet in extraordinary session, at the request of the Director General, at the request of the Executive Committee or at the request of a quarter of the member countries of the Assembly.
8. The Assembly will adopt its own rules of procedure.
1. The Assembly shall have an Executive Committee.
2. (a) The Executive Committee shall be composed of the countries elected by the Assembly among the member countries of the Assembly. In addition, the country on whose territory the Organization is situated shall have the right to a post in the Committee, without prejudice to the provisions of Article 16. 7. (b);
(b) The Government of each Member State of the Executive Board shall be represented by a delegate who may be assisted by alternates, advisors and experts;
(c) The expenditure of each delegation shall be borne by the Government which has appointed it.
3. The number of member countries of the Executive Board shall correspond to a quarter of the number of the member countries of the Assembly. In the calculation of the posts to be provided, the remainder shall not be taken into consideration after dividing by four.
4. In the election of the members of the Executive Board, the Assembly shall take into account an equitable geographical distribution and the need for all countries forming part of the particular arrangements established in relation to the Union to be included. between the countries constituting the Executive Board.
5. (a) The members of the Executive Board shall remain in office from the closing of the Assembly meeting in which they have been elected until the following regular meeting of the Assembly ends;
(b) Members of the Executive Board shall be reeligible up to a maximum of two-thirds of them;
c) The Assembly shall regulate the modalities of the election and the possible re-election of the members of the Executive Committee.
6. a) The Executive Committee:
i) Prepare the draft agenda of the Assembly;
(ii) Submit to the Assembly proposals concerning the biennial programme and budget projects of the Union prepared by the Director General;
(iv) Submit to the Assembly, with the corresponding comments, the regular reports of the Director General and the annual accounts of the accounts;
v) Take all necessary measures for the implementation of the Union programme by the Director General, in accordance with the decisions of the Assembly and taking into account the circumstances between two ordinary meetings of the This Assembly;
vi) Shall exercise all other functions assigned to it within the framework of this Convention;
(b) In matters of interest to other Unions administered by the Organization, the Executive Committee shall take its decisions in the light of the opinion of the Coordination Committee of the Organization.
7. (a) The Executive Committee shall meet in ordinary session once a year, by convening the Director General, and whenever possible during the same period and in the same place where the Coordination Committee of the organization;
(b) The Executive Board shall meet in extraordinary session, by means of a call from the Director-General, either on its own initiative or at the request of its President or a quarter of its members.
8. (a) Each member country of the Executive Board shall have one vote;
b) Half of the member countries of the Executive Committee shall constitute a quorum;
c) Decisions shall be taken by simple majority of votes cast;
d) Abstention shall not be considered as a vote;
e) A delegate may represent only one country and may not vote more than on behalf of him.
9. Countries of the Union which are not members of the Executive Board shall be admitted to their meetings as observers.
10. The Executive Committee shall adopt its own rules of procedure.
1. (a) The administrative tasks incumbent upon the Union shall be performed by the International Bureau, which is the case of the Union office, meeting with the office of the Union established by the International Convention for the Protection of Works Literary and Artistic;
(b) The International Bureau shall be in particular responsible for the Secretariat of the various Union;
c) The Director-General of the Organization is the highest official of the Union and represents the Union.
2. The International Bureau shall gather and publish information on the protection of industrial property. Each country of the Union shall communicate as soon as possible to the International Bureau the text of all the new laws and all official texts concerning the protection of industrial property and shall provide the International Bureau with all the publications of its competent industrial property services which are of direct interest to the protection of industrial property and which the International Bureau considers to be of interest to its activities.
3. The International Bureau will publish a monthly magazine.
4. The International Bureau shall provide the countries of the Union with information on matters relating to the protection of industrial property.
5. The International Bureau shall carry out studies and provide services to facilitate the protection of industrial property.
6. The Director-General, and any staff member designated by him, shall participate without voting rights, in all meetings of the Assembly, the Executive Committee and any other committee of experts or working group. The Director-General, or a member of the staff appointed by him, shall be the former secretary of those bodies.
7. (a) The International Bureau shall, in accordance with the instructions of the Assembly and in cooperation with the Executive Committee, prepare the conferences for the revision of the provisions of the Convention other than those referred to in Articles 13 to 17;
(b) The International Bureau may consult intergovernmental and international non-governmental organizations regarding the preparation of review conferences;
(c) The Director General and the persons designated by him shall participate, without the right to vote, in the deliberations of those conferences.
8. The International Bureau will execute all other tasks assigned to it.
1. (a) The Union shall have a budget;
(b) The budget of the Union shall comprise the revenue and expenditure of the Union, its contribution to the budget of the common expenditure of the Unions and, where appropriate, the sum made available to the budget of the Conference of the European Communities. Organization;
(c) Expenses that are not exclusively attributed to the Union, but also to one or more other of the Unions administered by the organization, shall be considered as common expenses of the Unions. The share of the Union in such common expenditure shall be in proportion to the interest it has on those expenditure.
2. The budget of the Union shall be established taking into account the requirements of coordination with the budgets of the other Unions administered by the organisation.
3. The Union budget shall be financed from the following:
i) The contributions of the countries of the Union;
(ii) The fees and charges due for the services provided by the International Office on behalf of the Union;
(iii) The proceeds of the sale of the publications of the international office concerning the Union and the rights corresponding to those publications;
iv) Donations, legacies and grants;
v) Rentals, interest and other miscellaneous income.
4. (a) In order to determine its contribution to the budget, each country of the Union shall be included in a class and shall pay its annual contributions on the basis of a number of units set as follows:
Class I 25
Class II 20
Class III 15
Class IV 10
Class V 5
Class VI 3
Class VII 1
(b) Unless you have already done so, each country shall indicate, at the time of deposit of its instrument of ratification or accession, the class to which it wishes to belong. You can change class. If you choose a lower class, the country will have to give the Assembly an account during one of its regular meetings. Such a change shall enter into force at the beginning of the calendar year following that meeting;
(c) Each country's annual contribution shall consist of an amount which shall, in relation to the total sum of the annual contributions of all the countries to the Union budget, be the same as the number of units of the class to the Union. which belongs to the total of the units of all the countries;
d) Contributions expire on 1. of January of each year;
(e) A country which is late in payment of its contributions may not exercise its right to vote in any of the bodies of the Union of which it is a member, where the amount of its arrears is equal to or greater than that of the contributions it owes to the two full years elapsed. However, any of those bodies may allow that country to continue exercising the right to vote in that body if it considers that the delay results from exceptional and unavoidable circumstances;
(f) If the budget is not adopted at the beginning of a new financial year, the budget of the preceding year shall continue to be applied in accordance with the procedures laid down in the Financial Regulation.
5. The amount of fees and charges due for services provided by the International Office on behalf of the Union shall be fixed by the Director-General, who shall inform the Assembly and the Executive Committee thereof.
6. (a) The Union shall have a fund of operations constituted by a contribution made by each of the countries of the Union. If the fund is insufficient, the Assembly will decide on its increase;
(b) The amount of each country's single contribution to the said fund and its participation in the increase in the fund shall be proportional to the country's contribution for the year in the course of which the fund was established or the increase was decided;
(c) The proportion and methods of payment shall be determined by the Assembly, on a proposal from the Director General and after the opinion of the Coordination Committee of the Organization.
7. (a) The Headquarters Agreement concluded with the country in whose territory the Organization has its residence shall provide for advance payments by that country if the Fund is insufficient. The amount of these advances and the conditions under which they are granted shall, in each case, be the subject of separate agreements between the country concerned and the Organization. As long as it has an obligation to grant such advances, that country shall have a post, ex officio, in the Executive Committee;
(b) The country referred to in paragraph (a) and the organization shall each have the right to denounce the commitment to grant advances, by written notification. The complaint shall take effect three years after the end of the year in the course of which it has been notified.
8. According to the arrangements provided for in the Financial Regulation, one or more countries of the Union, or auditors who, with their consent, shall be appointed by the Assemblyshall be responsible for the intervention of accounts. href="ley_0178_1994.html#top"title="Go to Start" style="white-space:nowrap">
1. Proposals for amendments to Articles 13, 14, 15, 16 and this Article may be submitted by any Member State of the Assembly, by the Executive Committee or by the Director General. These proposals shall be communicated by the latter to the Member States of the Assembly, at least six months before they are submitted for examination by the Assembly.
2. All modifications to the items referred to in paragraph 1. must be adopted by the Assembly. The adoption shall require three quarters of the votes cast; however, any amendment to Article 13 and this paragraph shall require four fifths of the votes cast.
3. Any modification of the items referred to in paragraph 1. shall enter into force one month after the Director General has received written notification of his acceptance, carried out in accordance with their respective constitutional procedures, of three quarters of the countries which were members of the Assembly at the time the amendment was adopted. Any amendment to such articles thus accepted shall bind all countries which are members of the Assembly at the time the amendment enters into force or which become members at a later date; however, any amendment which increase the financial obligations of the countries of the Union, only obliging countries that have notified their acceptance of the said amendment.
1. This Convention shall be subject to revision in order to make improvements to the system of the Union in the field of such improvements.
2. To this end, conferences will be held between the delegates of the countries of the Union, which will take place successively in one of these countries.
3. Amendments to Articles 13 to 17 shall be governed by the provisions of Article 17.
It is understood that the countries of the Union reserve the right to make separate arrangements for the protection of industrial property separately from each other, while such arrangements do not contravene the provisions of the present Convention.
1. (a) Each of the countries of the Union which has signed this Act may ratify it, and if it has not signed it, it may accede to it. Instruments of ratification and accession shall be deposited with the Director General;
(b) Each country of the Union may declare, in its instrument of ratification or accession, that its ratification or accession is not applicable:
i) To items 1 to 12, or
(ii) Articles 13 to 17;
(c) Each of the countries of the Union which, in accordance with paragraph (b), has excluded from the effects of its ratification or accession to one of the two groups of articles referred to in that paragraph may, in any case, (a) to declare that it extends the effects of its ratification or accession to that group of articles. Such a declaration shall be deposited with the Director General.
2. (a) Articles 1 to 12 shall enter into force in respect of the first ten countries of the Union which have deposited instruments of ratification or accession without making a declaration as permitted by paragraph 1. (b) (i) three months after the deposit of the tenth of those instruments of ratification or accession;
(b) Articles 13 to 17 shall enter into force in respect of the first ten countries of the Union which have deposited instruments of ratification or accession without making a declaration as permitted by paragraph 1. (b) (ii) three months after the deposit of the tenth of those instruments of ratification or accession;
(c) Without prejudice to the entry into force of each of the two groups of articles referred to in paragraph 1, in accordance with the provisions of paragraphs (a) and (b) above. (b) (i) and (ii), and without prejudice to the provisions of paragraph 1. (b) Articles 1 to 17 shall enter into force in respect of any country of the Union which does not appear among those referred to in paragraphs (a) and (b) which deposit an instrument of ratification or accession as well as any country of the Union. Union depositing a declaration in compliance with paragraph 1. (c) three months after the date of notification by the Director-General of that deposit, except where in the instrument or declaration, a later date has been indicated. In the latter case, this Act shall enter into force in respect of that country on that date.
3. In respect of each Union country which deposits an instrument of ratification or accession, Articles 18 to 30 shall enter into force on the first date of entry into force of any of the groups of articles referred to in the paragraph 1. (b) as regards those countries in accordance with the provisions of paragraph 2. (a), (b) or (c).
1. Any country outside the Union may accede to this Act and shall therefore become a member of the Union. The instruments of accession shall be deposited with the Director-General.
2. (a) In respect of any country outside the Union which has deposited its instrument of accession a month or more before the entry into force of the provisions of this Act, it shall enter into force on the date on which the provisions have entered into force. in force for the first time pursuant to Article 20. 2. (a) or (b), unless a later date has not been indicated in the instrument of accession; however:
(i) If Articles 1 to 12 have not entered into force on that date, such a country shall be obliged, for a transitional period prior to the entry into force of those provisions, and in place of replacement, by Articles 1 to 12 of the Lisbon Act;
(ii) If Articles 13 to 17 have not entered into force on that date, such a country shall be obliged, for a transitional period prior to the entry into force of those provisions and in place of replacement, by Articles 13 and 14, 3, 4 and 5 of the Act of Lisbon.
If a country indicates a later date in its instrument of accession, this Act shall enter into force, in respect of that country, on the date indicated;
(b) In respect of any country external to the Union which has deposited its instrument of accession at a date after the entry into force of a single set of Articles of this Act, or on a date preceding it in less than one month, the present Minutes shall enter into force, subject to the provisions of paragraph (a), three months after the date on which their accession has been notified by the Director General, unless a later date has been indicated in the instrument of accession. In the latter case, this Act shall enter into force in respect of that country on that date.
3. In respect of any country outside the Union which has deposited its instrument of accession after the date of entry into force of this Act in its entirety, or within the month before that date, this Act shall enter into force for three months. after the date on which their accession has been notified by the Director General, unless a later date has been indicated in the instrument of accession. In the latter case, this Act shall enter into force in respect of that country on that date.
ARTICLE 22. [EFFECTS OF RATIFICATION OR ACCESSION]. Without prejudice to the possible exceptions provided for in Articles 20. 1. b) and 28. 2, ratification or accession shall assume, in full right, the access to all clauses and admission for all the benefits provided for in this Act.
ARTICLE 23. [ACCESSION TO PREVIOUS ACTS]. After the entry into force of this Act in its entirety, no country may accede to the previous Acts of this Convention.
1. Any country may declare in its instrument of ratification or accession, or may inform in writing to the Director General, at any later time, that this Convention shall apply to all or part of the designated territories. in the declaration or notification, by which it assumes responsibility for external relations.
2. Any country which has made such a declaration or such notification may, at any time, notify the Director General that this Convention ceases to be applicable in all or part of those territories.
3. (a) The declaration made pursuant to paragraph 1 shall take effect on the same date as the ratification or accession, in the instrument in which it has been included and the notification made under this paragraph shall take effect three months. after notification by the Director General;
b) The notification made under paragraph 2 shall take effect twelve months after its receipt by the Director General.
1. Any country which forms part of this Convention undertakes to adopt, in accordance with its Constitution, the measures necessary to ensure the application of this Convention.
2. It is understood that, at the time when a country deposits an instrument of ratification or accession, it is in a position, in accordance with its domestic law, to apply the provisions of this Convention.
1. This Convention shall remain in force without limitation.
2. Any country may denounce this Act by notification to the Director General. This complaint will also involve the denunciation of all the previous Acts and will have no effect other than on the country which has made it, with the Convention on the other countries of the Union being effective and enforceable.
3. The complaint shall take effect one year after the date on which the Director-General has received the notification.
4. The right of denunciation provided for in this Article shall not be exercised by a country before the expiry of a period of five years from the date on which it has become a member of the Union.
1. This Act supersedes the relations between the countries to which it applies, and to the extent that it applies, to the Paris Convention of 20 March 1883 and to the subsequent Review Acts.
2. (a) in respect of the countries to which this Act is not applicable, or in its entirety, but to which the Lisbon Act of 31 October 1958 applies, the latter shall remain in force in its entirety or in so far as the This Act does not replace it under paragraph (1);
(b) Likewise, in respect of the countries to which neither the present Act nor parts thereof are applicable, nor the Lisbon Act, the London Act of 2 June 1934, in its entirety or to the extent that this Act does not apply, shall remain in force. replace under paragraph 1);
(c) Likewise, in respect of the countries to which neither the present Act nor parts thereof apply, nor the Lisbon Act, nor the London Act, the Hague Act of 6 November 1925, in whole or in part, shall remain in force. that this Act does not replace it under paragraph 1);
3. The countries outside the Union which become parties to this Act shall apply it in their relations with any country of the Union which is not a party to this Act or which, being a party, has made the declaration provided for in Article 20. 1) (b) (i). Those countries shall admit that the country of the Union concerned may, in their relations with them, apply the provisions of the most recent Act of which it is a party.
1. Any difference between two or more countries of the Union, in respect of the interpretation or application of this Convention which has not been settled by way of negotiation, may be carried by any of the countries in dispute before the International Court of Justice by means of a request made in accordance with the Statute of the Court, unless the countries in dispute agree otherwise to resolve it. The International Bureau shall be informed of the difference presented to the Court by the applicant country. The Office shall inform the other countries of the Union.
2. At the time of signing this Act or of depositing its instrument of ratification or accession, any country may declare that it is not considered bound by the provisions of paragraph 1. The provisions of paragraph (1) shall not apply in respect of any difference between one of those countries and the other countries of the Union.
3. Any country which has made a declaration in accordance with paragraph 2 may at any time withdraw it by means of a notification addressed to the Director General.
1. (a) This Act shall be signed in a single copy, in the French language, and shall be deposited with the Government of Sweden;
(b) The Director General shall establish official texts, after consulting the governments concerned, in the German, Spanish, English, Italian, Portuguese and Russian languages, and in the other languages the Assembly may indicate;
c) In the event of a dispute over the interpretation of the various texts, the French text shall be authentic.
2. This Act is hereby opened for signature in Stockholm until 13 January 1968.
3. The Director-General shall transmit two copies of the signed text of this Act, certified by the Government of Sweden to the governments of all the countries of the Union and to the government of any other country which so requests.
4. The Director General shall register this Act with the Secretariat of the United Nations.
5. The Director General shall notify the governments of all the countries of the Union of the signatures, deposits of the instruments of ratification or accession and the declarations contained in those instruments or made pursuant to Article 20. 1) (c), the entry into force of all the provisions of this Act, the notification of denunciation and the notifications made in accordance with Article 24.
1. Until the entry into office of the first Director-General, the references in this Act to the International Bureau of the Organization or to the Director-General shall be deemed to apply, respectively, to the Office of the Union or its Director.
2. Countries of the Union which are not bound by Articles 13 to 17 may, if they so wish, exercise for five years, from the date of entry into force of the Convention establishing the Organization, the rights provided for in Articles 13 to 17 of the Act as if they were bound by those articles. Any country wishing to exercise such rights shall deposit with the Director General a written notification which shall take effect on the date of its receipt. Those countries shall be considered as members of the Assembly until the expiry of that period.
3. As long as there are countries of the Union which have not been made members of the Organization, the International Bureau of the Organization and the Director-General shall also exercise the relevant functions, respectively, to the Union office and to its Director.
4. Once all the countries of the Union have become members of the Organization, the rights, obligations and assets of the Office of the Union shall pass to the International Bureau of the Organization.
The undersigned Head of the Legal Office
from the Ministry of Foreign Affairs,
That the present reproduction is faithful photocopy taken from the certified text of the "Paris Convention for the Protection of Industrial Property", made in Paris on March 20, 1883, revised in Brussels on December 14, 1900, in Washington, 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934, in Lisbon on 31 October 1958, in Stockholm on 14 July 1967 and amended on 2 October 1979.
Dada en Santafe de Bogota, D. C., at nine (9) days
of the month of July of a thousand nine hundred and ninety-three (1993).
The Head of Legal Office,
MARTHA ESPERANZA RUEDA MERCHAN.
Certificate that is a faithful copy of the official Spanish text
of the Paris Convention for the Protection of Property
Industrial on March 20, 1883, revised on July 14
of 1967 and amended on October 2, 1979.
World Intellectual Property Organization
Geneva, May 28, 1991.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santafe de Bogota, D. C.
Approved. Submit to the honorable consideration
National Congress for Constitutional Effects.
(Fdo.) CESAR GAVIRIA TRUJILLO
The Foreign Minister,
(Fdo.) NOEMI SANIN DE RUBIO.
ARTICLE 1A. Approve the "Paris Convention for the Protection of Industrial Property", made in Paris on March 20, 1883, revised in Brussels on December 14, 1900, in Washington on June 2 1911, in The Hague on 6 November 1925, in London on 2 June 1934, in Lisbon on 31 October 1958, in Stockholm on 14 July 1967 and amended on 2 October 1979.
ARTICLE 2A. Pursuant to item 1o. of Law 7a. 1944 the Paris Convention for the Protection of Industrial Property, made in Paris on 20 March 1883, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934, in Lisbon on 31 October 1958, in Stockholm on 14 July 1967 and amended on 2 October 1979, as provided for in Article 1. of this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.
ARTICLE 3A. This law applies as of the date of its publication.
The President of the honorable Senate of the Republic,
JUAN GUILLERMO ANGEL MEJIA.
The Secretary of the Honourable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
ALVARO BENEDETTI VARGAS.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Contact and post.
Execute previous Constitutional Court review,
pursuant to Article 241-10 of the Political Constitution.
Dada en Cartagena de Indias, 28 December 1994.
ERNESTO SAMPER PIZANO
The Foreign Minister,
RODRIGO PARDO GARCIA-PENA.
The Minister of Economic Development,
RODRIGO MARIN BERNAL
(1). Titles have been added to the articles in order to facilitate their identification. Signed text does not carry titles.