64/1975 Sb.
DECREE
Minister of Foreign Affairs
of 13 October. January 1975
of the Paris Convention for the protection of industrial property of 20 March. March
1883, revised at Brussels on 14. in December 1900, at Washington on 2 February 2005.
June 1911, at the Hague on 6. November 1925, at London on 2. June
1934, in Lisbon on 31. October 1958 and at Stockholm on 14 July. July
1967
81/1985: Sb.
On 14 June 2005. July 1967 in Stockholm was arranged the new revision of the Paris
Convention for the protection of industrial property of 20 March. March 1883.
The President of the Republic of the Paris Convention for the protection of industrial
ownership of 20 December. March 1883, as agreed in Stockholm
on 14 June 2005. July 1967, ratified and the instrument of accession of CZECHOSLOVAKIA was
deposited with the Director General of the world intellectual property organization
on 22 November. September 1970.
Agreement entered into force, pursuant to article 20 on 26 February 2000. April
1970. For the Czechoslovak Socialist Republic entered into force
on 29 April 2006. December 1970.
English translation of the agreement shall be published at the same time.
Minister:
Ing. Chňoupek v.r.
The Paris Convention
on the protection of industrial property
of 20 December. March 1883,
revised in Brussels on 14 May. in December 1900, at Washington on 2 February 2005.
June 1911, at the Hague on 6. November 1925, at London on 2. June
1934, in Lisbon on 31. 1958, and at Stockholm on 14 July. July 1967
Article 1
(1) the countries to which this Convention applies constitute a Union for the protection of,
industrial property rights.
(2) the subject of the protection of industrial property of patents on
inventions, applied patterns, designs or models, factory or
trademark, service mark, trade name and provenance
goods or the designation of origin. Another task of the protection of industrial
ownership is also the Suppression of unfair competition.
(3) industrial property means in the broadest concept and applies
not only to industry and trade in its own sense, but also on the
agricultural and mining industry and to all products of artificial or
natural, for example. on wine, grain, tobacco leaf, fruit, cattle,
minerals, mineral waters, beer, flowers, and flour.
(4) patents for inventions are included different types of industrial
patents, which admits the legislation of the EU countries, such as importační
patents, patents on improvements, supporting patents and přídavková
certificates etc.
Article 2
(1) each country of the EU Members shall enjoy, in respect of the protection of
of industrial property, in all other EU countries, the same
the benefits that the relevant laws provide or will provide members
their own State, without prejudice to the rights specially provided for by this Convention. They will be
Therefore, enjoy the same protection as nationals and the same legal
resources against any violations of their rights, with the proviso that
meet the conditions and the formalities that impose regulations members
of their own State.
(2) from the members of the Union, however, they may not require if they are to enjoy the
any industrial property rights, were resident or race in
the country where the protection is sought.
(3) legislative measures each EU country that relate to judicial and
the administrative procedure and the jurisdiction, as well as the choice of place of residence or the provisions of the
the representative, which would have required by the laws on industrial property are
expressly reserved.
Article 3
Nationals of EU countries are members of those countries on an equal footing
not belonging to the Union, who are in the territory of the EU country of residence
or the actual (real) plants, industrial or commercial.
Article 4
A.-
(1) Whoever duly submit an application for a patent for invention (an application of the invention), of the
utility model, industrial design or a model of a factory or business
a sign in one of the EU countries, or his successor, will be in the
the time limits mentioned below to enjoy the right of priority when filing in the
the other countries.
(2) for the application, which constitutes the priority right, recognising each
the application, which is the proper application of the national under national
the legislation of each country of the Union or under bilateral or
multilateral treaties concluded between several EU countries.
(3) a duly filed national application "means any application that
It is sufficient to identify the date on which it was lodged in the country concerned, whether
He was later the fate of this application.
B.-
Therefore, the application filed in one of the other EU countries later,
However, before the expiry of these time-limits, shall not lapse facts
in between emergencies, such as, in particular, another application, the publication of the invention
or use a telephone for sale of specimens, the pattern or model,
the use of the mark, and these facts may not establish nor any right
people of third, or any personal ownership. Rights acquired by third
persons before the date of the first application, on which is based the right of priority,
under domestic legislation shall remain in each EU country.
(C)-
(1) the periods of priority referred to Above shall be twelve months for patents for
inventions and for utility models, and six months for industrial designs or
models and for factory or trade mark.
(2) these periods beginning to run from the date of the first application;
the date of filing will not be counted in the period.
(3) if in the country where protection is sought, the last day of the period of legal
holiday or the day on which the Office is not open to receive applications,
the time limit shall be extended to the first working day that follows.
(4) for the first application, which runs from the date of the priority period,
the later the application whose subject matches the subject of the
an earlier first application pursuant to paragraph 2, filed in the same EU country,
If at the time of filing a later application the previous application
revoked, or has been dropped from her, or has been refused, without having been given
to public inspection and without it passed some rights, and if it
has not been used for a basis for the application of the priority rights. An earlier
the application can then no longer be used as a basis for the application of the priority
rights.
D.-
(1) who wants to apply the priority of a previous application, you must make
a declaration indicating the date and country of the application. Each country shall provide
When the latest declaration must also be made.
(2) this information will be listed in the publications issued by the competent
the Office, in particular on patents and about the signatures be applicable to them.
(3) the European Union countries may require from the person who makes the Declaration of
priority to produce a copy of the previously filed application (description, drawings
etc.). A copy of that Office where the application was filed, shall certify that the
agrees with the original, it will not be subject to verification and nijakému in each
the case will be able to submit it without charge at any time within the period of 3 months
the date on which the later application was filed. You can request that it
It was accompanied by a certificate of that authority on the date of the application and of the translation.
(4) other formalities for the Declaration of priority shall not be at the time of
application required. Each EU country sets out what consequences arise
omission of the formalities prescribed by this article; These consequences may not
However, beyond the loss of the priority right.
(5) in addition it will be possible to require other permits.
Who claims the priority of an earlier application shall state its number; This
the information shall be published, under the conditions referred to in paragraph 2.
E.-
(1) if in any country is logged on a design or model on
the basis of the right of priority based on an application for utility model,
only apply the priority time limit laid down for industrial designs or models.
(2) in addition, it is allowed to log on in some country utility model on
the basis of the priority rights of a patent request-based and
on the contrary.
F.-
No European Union country cannot refuse a priority or a patent application from this
the reason that the applicant claims multiple priorities, even if they come from a
different countries, or on the grounds that the application, in which it is applied
one or more priorities contains one or more elements that were not
contained in the application or applications whose priority is claimed, the
in both cases, under the condition that the invention is according to the law
the country unified.
When it comes to elements that are not contained in the application or in the
applications whose priority is claimed, the filing of a later
application the priority right under normal conditions.
G.-
(1) If, when a survey found that the application for the patent is a comprehensive,
can the applicant to divide the request to a specific number of requests of component, in that
If he retains as the date of each the date of the original application and
the advantage of priority rights when invoked.
(2) the applicant may also, on his own initiative, divide a patent application
as the date of each divided application keeps the date of application
the original, and if it is applied, and the benefit of priority rights. Each EU
country may lay down the conditions under which this Division it is allowed.
H.-
Priority may not be refused on the ground that certain elements of the invention,
for which priority requests are not included in the claims contained in the
the request, filed in the country of origin, if these are part of the summary of the annexes that
the request is clearly evident.
I.-
(1) applications for certificates filed for the invention of the copyright in the country where the applicants
they have the right to request, at its option either for a patent or a patent
the invention can be the creation of priority established under this article
the same conditions and with the same effects as applications for patents for
the invention.
(2) in a country where applicants have the right to request, at its option either for a patent
or a patent on the invention, the applicant will have on copyright
certificate for invention pursuant to the provisions of this article relating to the
patent applications a priority based on the filing of patent applications
the invention, utility model or patent on the invention.
Article 4bis
(1) patents, which had been applied for in each of the EU countries
members of the Union, are not dependent on patents, which have been achieved for
the same invention in other countries, whether Union or neunijních.
(2) this provision should be understood without any restrictions,
namely, in the sense that patents that have logged on in the priority time limit are
independent, both as regards the reason for invalidity and termination of the patent, so
and as regards the normal duration.
(3) this provision shall apply to all patents that are in
effect at the time when it entered into force.
(4) when you access the new countries will pay the same for patents, which are
in force on both sides at the time of access.
(5) Patents acquired with the advantage of priorities will have in each of the EU's
countries of the same duration, which should, if they were requested or
granted without the benefit of priority.
Article 4ter
The inventor has the right to be mentioned as the inventor in the patent.
Article 4quater
Grant of a patent shall not be refused and a patent shall not be revoked for reasons
the sale of a patented product or utterances, which reaches
pokutním management is a national law excluded or limited.
Article 5
A.-
(1) if the holder of a patent takes guests to the country where the patent was granted, items
made in a country of the Union, withholding it the demise of the patent.
(2) each country of the Union may take legal measures for issuing
compulsory licences, in order to prevent abuse, which could of performance
an exclusive right of the patent or of the business establishment
arise for example. its abuse.
(3) termination of the patent may be made is for the case when the authorization would be
compulsory licensing was not sufficient to prevent such abuse. Before
within two years, beginning with the authorization of the first compulsory licence may not be
brought to the action for termination of or withdrawal of the patent.
(4) for a compulsory licence cannot be applied for or by reason of non-use
the lack of use before the expiry of four years from the filing of the application
for a patent, or three years from the grant of a patent, using time limits,
which expires later; a compulsory licence shall be refused if the owner will justify the
the patent, its failure to act ordinary reasons. Such compulsory license will be
non-exclusive and will not be able to be converted, either in the form of a lease
sublicense, otherwise than with the part of the enterprise or business establishment
the documentation of this license.
(5) the foregoing provisions shall apply, subject to necessary modifications, whether or not
for utility models.
B.-
Protection of industrial designs and models shall not lapse even for
without use, or for the importation of objects identical to the protected objects.
C.-
(1) if in a country the use of registered trademarks, registration may be required
cancelled only after a reasonable period of time, and when the participant of neospravedlní,
why the mark was not used.
(2) if the owner of a used factory or trade mark in a form which
vary your elements that do not alter the distinctive character of the mark in the form
It was in some EU country, withholding it is registered, the cancellation of the registration
and it does not reduce the protection granted to the trademark.
(3) concurrent use of the same mark for the same or similar products
industrial or commercial enterprises, which according to the provisions of the national
the law of the country in which protection is claimed, are considered to be
the joint proprietor of the mark, shall not hinder the registration or does not reduce protection,
that was the mark granted in any country of the Union, if this
use not to mislead the public and if it would not be in conflict with
the public interest.
D.-
For the recognition of rights does not require that the product was a brand
or mention of the patent, of the utility model, of the registration of a factory or business
mark or sign in the pattern or model.
Article 5bis
(1) the payment of the fees established for the safeguarding of the rights of the industrial
ownership must be allowed for at least six months ' grace, and
that will be an additional fee, if the national legislation imposes.
(2) Eu countries may provide that patents for inventions, which ceased to exist for
non-payment of the fees will be returned to the previous state.
Article 5ter
In any EU country you are considered a violation of the rights of the patent owner:
1. runs to ships of other EU countries patented
the device in the body, in the machines, in the ship's rigging, equipment and
in the other accessories, when such vessels reach the time or randomly
into the waters of the country concerned, with the proviso that these objects runs
only for the needs of shipping;
2. runs the patented device in the construction or operation of the
of aircraft or land vehicles of other EU countries, or on the part of the
These vehicles, if they temporarily or accidentally to this country.
Article 5quater
Takes the product to some European Union countries, where there is a patent
protecting the production process of the product, the patent owner will be the responsibility of
to the imported product, all rights under the patent
procedure confers on the importing country legislation for products made in
This country.
Article 5quinquies
Industrial designs and models shall be protected in all EU countries.
Article 6
(1) conditions for application and registration of a trade mark, provides in
each EU country of its national legislation.
(2) a mark applied for a national of a country of the Union in any of the some
EU country cannot, however, be refused or revoked on the ground that has not been
signed, entered or renewed in the country of origin.
(3) a mark duly registered in a country of the Union shall be regarded as an independent
on the marks registered in the other EU countries, including the country of origin.
Article 6bis
(1) European Union countries undertake, either of its own motion, if it
the country's legislation so permits, or at the request of lead, they refuse or
cancels the registration and prohibit the use of the factory or trade mark, that is
the reproduction, imitation or translation, that cause confusion with
mark which, in the opinion of the competent authority of the country of registration or
use is generally known that there is already a sign of the person authorized to
enjoy the benefits of this Convention and used for identical or similar products.
The same is true if a substantial portion of the mark is the reproduction of such
Mark generally known, or imitation, which is liable to cause confusion with
her.
(2) For soliciting the cancellation of such signs is granted a period of at least 5
years from the date of registration. EU countries may set a time limit within which they may be
seek ban on use.
(3) For pursuing deletion or prohibiting the use of marks registered or
used in bad faith, the period does not provide.
Article 6 ter of the
(1)
and Eu countries) agreed that refuse or revoke a registration, and that the
appropriate measures shall prohibit, without the authorization of the respective places to be
used as a factory or trade marks or as part of the
marks, coats of arms, flags and other characters of the State sovereignty of the EU countries,
the official test, puncovních and guarantee them the established brands,
as well as every imitation in terms of heraldic.
(b)) the provisions referred to under point a) shall also apply to armorial bearings, flags and
other symbolic characters, abbreviations or names of international intergovernmental
the Organization, which is one or more of the EU's member countries, with the exception of
the coats of arms, flags and other emblems, abbreviations, and names, of which
protection has already been the subject of existing international agreements.
(c) No EU country is not) required to apply the provisions referred to under (a).
(b)) to the detriment of those who have acquired rights in this country in good faith before
entry into force of this Convention. The EU countries are not required to use the
These provisions, if the use or write that are introduced
under subparagraph (a). and, are not such) from the top of the species, so that they can in the public
give the impression of a link between responsible organisations and characters
flags, symbols of State sovereignty, abbreviations or names, or
If the use or registration is likely of a kind that would be with it
to mislead the public about the connection between the user and the organization.
(2) use of official test, puncovních and guarantee marks is
disabled only if the mark, that is they contain, are intended to
to them it was used on goods of the same or a similar kind.
(3)
and) to implement these provisions, the EU countries agreed that the
shall notify each other, through the International Bureau, the list of characters State
sovereignty, the official test, puncovních and guarantee marks,
they want or they will want to protect the whole or with some restrictions
According to this article, and shall notify each other of any subsequent
the changes that occur in this list. Each EU country can be in the
due course available to the public the lists which have been notified.
When it comes to the flag States, however, it is also mandatory.
(b)) as defined in the first paragraph under (b). (b)) shall only apply to
coats of arms, flags and other symbolic characters, abbreviations or names of international
intergovernmental organizations which have been notified to the organisations referred to
European Union countries through the International Office.
(4) each country of the Union may, within 12 months after receiving the lists to send
through the International Bureau of the relevant country or an international
intergovernmental organization their possible objections.
(5) in the case of flags of States States the measures which will be used are listed in the
paragraph 1 above, only if the mark registered 6. November 1925.
(6) for the coat of arms, in addition to the flags, for official and hallmarks
EU countries and for coats of arms, flags and other emblems, acronyms, or symbolic
names of international intergovernmental organizations, these provisions apply only
with regard to trademarks that have been registered after the expiry of two months after the
the takeover of the notification referred to in paragraph 3 above.
(7) in the case of malice aforethought may give clear even the country characters
they were entered before 6. in November 1925 and contain State of the characters, symbols and
hallmarks.
(8) nationals of any country is allowed to use national characters, brands
and puncovních brands of their country may use them even if they look similar to
national characters and brands puncovním brands of another country.
(9) the European Union countries undertake to prohibit the unauthorized use in trade
public characters of other EU countries, if such use could
invoke the mistake about the origin of the products.
(10) the preceding provisions shall not prevent the countries referred to in article 6 cancelled
paragraph. 3 (b). (B) to refuse or invalidate the mark,
that illegally contain coats of arms, flags and other symbols of State
sovereignty, or official signs and hallmarks established in some
EU country as well as the distinctive signs of international intergovernmental
the organisations referred to in paragraph 1 above.
Article 6quater
(1) if under the legislation of some European Union countries is the transfer of the mark
valid only if, at the same time there was a transfer of an undertaking or business,
to which the mark belongs, it shall be sufficient to admit its validity that the portion of the
business or trade that is in this country, has been transferred to the legal
the successor with the exclusive right to manufacture in it or sell products bearing the
the converted sign.
(2) this provision does not impose on the countries of the European Union the obligation to recognize the validity of the
convert any mark the use of the legal successor in
the facts reported to mislead the public, in particular with regard to the origin,
the nature or essential qualities of products for which the mark is used.
Article 6quinquies
A.-
(1) each factory and trademark duly registered in the country of origin will be
as it is, is authorized to sign in and protected in other EU
countries with the reservations referred to in this article. These countries may before
making the final registration of the request that was submitted a certificate of
registration in the country of origin issued by the competent authority. For this certificate
No validation is not necessary.
(2) the country of origin is considered to be the Union of the country where the applicant has
the actual (real) industrial or commercial establishment, and does not have such
the race in the Union, the Union of the country, where he has his domicile; If he does not reside in
The Union, therefore, the country of his nationality in the case that is a member of
European Union countries.
B.-
Factory and trademarks, which is this article, can be
rejected for registration or cancelled only in the following cases:
1. If they can break the law to which they acquired by third parties in the country where
protection is sought;
2. If you do not have a distinctive character or if they are composed
exclusively of signs or indications that may be used to store
the labelling of the kind, quality, quantity, destination, price, point of origin of the products
or the time of production, or have become customary in General parlance or in
loyal and permanent practices of the countries where it is required
protection;
3. If, contrary to good morals or public order, and in particular
If they can mislead the public. It is understood that the mark cannot be regarded as a
contrary to public policy for this reason alone that does not match the
some of the provisions of the trademark law, except for the case when this
provision itself relates to public order.
Application of the provisions of article 10 bis, however, is reserved.
C.-
(1) when assessing if the mark can be protected, account should be taken of all
the circumstances, in particular to the period of use of the mark.
(2) in other EU countries cannot be rejected on the factory or
trademarks only due to the fact that differs from the marks protected in
countries of origin only in elements that impair their distinctive
competence and shall not affect the identity of the marks with regard to shape, in
they were lodged in this, the country of origin.
D.-
No one can rely on the benefits of this article, if a trademark
protection is sought is not registered in the country of origin.
E.-
In no case, however, does not lead to the renewal of the mark in the country of origin
the obligation to recover the registration in other European Union countries, where they were
mark is registered.
F.-
The advantage of the priority of the registration of marks is made within the time limit referred to in
Article 4, even if the registration in the country of origin became the only after
of this period.
Article 6sexites
European Union countries undertake to protect service marks. Are not obliged to introduce
the registration of such marks.
Article 6septies
(1) where the agent or representative of the proprietor of the mark in some EU
country for the registration of this mark on your own name in one or more
those countries without the consent of the owner, the owner is entitled to file an
objection to the requested write and ask for deletion, or if permitted by
the law of the country concerned, for the transfer of registration on yourself, if the Manager or
the representative of the neospravedlnil their actions.
(2) subject to the provisions of paragraph 1 above is the owner of the mark shall be entitled to
oppose the use of his mark Managing Director or representative, if
This user did not give a mandate.
(3) National legislation may be set fair period within
that would be the owner of the mark could exercise its rights under this article.
Article 7
Nature of the product to which you want to be the factory or trade mark
attached, cannot in any way interfere with the registration of the mark.
Article 7bis
(1) European Union countries undertake to allow to log on and protect trademarks
Federal, belonging to associations the existence of which is not contrary to the law of the country
of origin, even if such associations do not have an industrial or
a commercial establishment.
(2) each country has the will, however, consider under which specific conditions
will the Federal mark is protected, and may refuse protection if this
the mark is contrary to the public interest.
(3) the protection of such marks cannot, however, be refused to any association,
the existence of which is not contrary to the law of the country of origin, on the ground that the Association
does not have a registered office in the country where protection is claimed, or is not established
According to the legislation of that country.
Article 8
The trade name shall be protected in all the EU countries without the need for
is log on or written; does not decide whether or not it is part of the
factory or trade mark.
Article 9
(1) every product that is irregularly marked with a factory or business
mark or trade name, on importation into those countries of the Union,
in which this mark or the trade name shall have the right to legal
protection, confiscated.
(2) Seizure shall be carried out also in the country where there was an illegal
marking or in the country where the product was imported.
(3) the seizure will occur in accordance with the internal legislation of each country, either on the
a proposal from the Prosecutor or any other competent authority, or
the request of the interested party, whether it is a natural or a legal person.
(4) the authorities are not obliged to perform the seizure in the case of transit.
(5) if the legislation of some countries does not permit seizure on importation
It will be replaced by prohibition of importation or the seizure of the seizure in the Interior.
(6) if the legislation of some countries does not permit seizure on importation
nor prohibition of importation nor seizure within the country, these measures up to
the relevant legislative amendments replaced by actions and resources that
the law of this land lends its own Government in the same case
nationals.
Article 10
(1) the provisions of the preceding article shall be applied in the case of direct or
indirect use of a false indication of origin of the product, or the identity of the
the manufacturer, industrialist or trader.
(2) in any case the party recognized by every person
any natural or legal, each manufacturer, industrialist or trader
involved in the extraction, production or trade of this product, and be established in a
the spot falsely listed as the place of origin, or in the area where this
the place is located, or in the country of fake or marked in a country where fake
the designation of origin shall be used.
Article 10bis
(1) of the EU countries members of the Union are obliged to ensure the effective protection of
against unfair competition.
(2) unfair competition is any competitive activity that is contrary to honest
practices in industrial or commercial matters.
(3) in particular shall be prohibited:
1. any actions that could in any way be confused with the undertaking,
products or industrial or commercial activities of a competitor;
2. the fake data in the operation of the trade, which could damage
the reputation of the company, the products, or the industrial or commercial activities
a competitor;
3. the information or claims, whose use would be for business with it
placed to mislead the public about the property, method of manufacture, characteristics,
eligibility for use or on the item quantity.
Article 10ter
(1) Eu countries shall undertake to ensure that nationals of other EU
countries appropriate legal means for the effective suppression of all acts
referred to in articles 9, 10 and 10 bis.
(2) they undertake to continue to take measures to ensure that unions and associations that
representing interested industrialists, producers or traders, and whose
the existence of the laws of their country aren't, as far as
the Suppression of offences referred to in articles 9, 10 and 10 bis-allowed
zakročovat before the courts or administrative authorities, and that the extent to which
the law of the country where protection is sought, allows unions and associations of the
of the country.
Article 11
(1) the European Union country grants pursuant to its internal legislation
a patentable inventions, utility models, designs or
models, as well as the factory or trade marks temporary protection,
as regards the products that will be exhibited in international exhibitions
official or officially recognised and organised in the territory of any of the above
countries.
(2) The temporary protection will not be renewed for the period referred to in article
4. If later claimed the right of priority, each country may provide for
that period shall run from the date when the product was introduced to the show.
(3) any country may require as proof of identity issued
the subject and the date of its introduction of the documents that it deems appropriate.
Article 12
(1) each country of the Union undertakes to establish a special Office for the
industrial property and the Central přihlašovnu, in order to notify the
public patents for inventions, utility models, industrial designs or
models and factory or trade mark.
(2) this Office will issue periodic official list. Will be regularly
publish:
and the names of the authorized persons) to whom they were issued patent, together with a short
marking patented inventions;
(b)) the reproduction of the registered marks.
Article 13
(1)
the Union shall have an Assembly) consisting of the EU countries, which are bound by the
articles 13 to 17.
(b)), the Government of each country is represented by one delegate, who may have their
Agent, Adviser and expert.
(c) the expenses of each delegation shall be borne by) Government that this delegation established.
(2)
and) the Assembly:
I) shall examine all questions relating to the functioning and further development of the Union and
the implementation of this Convention;
II) give guidance to the International Bureau of intellectual property (hereinafter referred to as
"The International Bureau"), which are dealt with in the Convention establishing the world
Intellectual Property Organization (hereinafter referred to as "the Organization"), for the preparation of
review conferences also by comments from EU countries
are not bound by articles 13 to 17;
III) revise and approve the reports and activities of the Director General
The Organization concerning the Union, and gives him all useful instructions in
matters of competence of the Union;
IV) elect the members of the Executive Committee of the Assembly;
in) shall consider and approve the reports and activities of its Executive Committee and
gives him instructions;
vi) sets out the program, approve the biennial budget of the Union, and approve its
the final accounts;
VII) approve the financial regulations of the Union;
VIII) establishes committees of experts and working groups as it deems
useful for the achievement of the objectives of the Union;
IX) decides which countries not members of the Union and which intergovernmental
and international non-governmental organizations may participate in its meetings as
observers;
x) approves amendments to articles 13 to 17;
XI) makes for more appropriate measures aimed at achieving the objectives of the Union;
XII) performs all other tasks assigned to it by this Convention;
XIII) shall, subject to their adoption, the rights that are conferred to him
The Convention establishing the organization.
(b)) on issues of interest to other Union managed organizations
the Assembly shall decide, taking into account the opinion of the Coordination Committee
The organization.
(3)
and) except as provided in (b)) the delegate can represent only one
the country.
(b) according to the European Union countries combined) of the special agreement in one common Office
a colour for each of them the nature of the special national authority for
industrial property, which is article 12, may be
the negotiations represented jointly by one of them.
(4)
and) each member country of the Assembly shall have one vote.
(b) half of the Member countries of the Assembly) shall form quorum.
c) Notwithstanding the provisions of subparagraph (b)), if the number of meetings
countries represented less than half, but if at least one third of the
the Member countries of the Assembly, the Assembly may make decisions; such
decision of the Assembly, with the exception of the decision on the proceedings, they become
enforceable only after the fulfilment of the conditions set out below. International
the Office shall notify the said decision of the Assembly of the Member States, which have not been
represented, and invite them to in writing within the period of three months calculated from the
the date of this communication to express their voice or abstenci. If, after the
This period is the number of States that have expressed their voice
or abstenci, at least equal to the number of countries to achieve the quorum missing
at the meeting, the decision shall become enforceable provided that
the current is achieved the required majority.
d) subject to article 17 2) receives the Assembly decision
a two-thirds majority of the votes cast.
e) Abstence does not count as a vote.
(5)
and) subject to subparagraph (b)) the delegate can vote only on behalf of one
of the country.
(b) European Union country) referred to in paragraph 3 (b)), it is generally
make every effort to be represented at meetings of the Assembly of their
their own delegations. However, if one of the reasons of the extraordinary
the countries to be represented by his own delegation, it may give other
the delegation of these countries the mandate to vote on its behalf; One delegation
on the basis of the mandate in this way may only vote for one country. A mandate
to this end, it must be done by an Act signed by the head of State or
the competent Minister.
(6) the EU countries that are not members of the Assembly, may's meetings
attend as observers.
(7)
a) the Assembly shall meet once every two years in ordinary session on
convocation by the Director General, and save in exceptional cases, at the same time
and in the same place as the General Assembly of the organization.
(b)) the Assembly shall meet at an extraordinary session on convocation by
the Director General, at the request of the Executive Committee or at the request of one
a quarter of the Member States of the Assembly.
(8) the Assembly approve its rules of procedure.
Article 14
(1) the Assembly's Executive Committee.
(2)
and) the Executive Committee shall consist of countries elected from the Member countries
The Assembly. In addition, the country on whose territory the Organization has its
registered office, subject to the provisions of article 16, paragraph 2. 7 (b)), represented in the
The Executive Committee ex officio.
(b)) the Government of each country that is a member of the Executive Committee, is represented by a
one delegate, who may have their representatives, advisers and experts.
(c) the expenses of each delegation shall be borne by) Government that this delegation established.
(3) the number of member countries of the Executive Committee corresponds to one quarter of the number of
the Member countries of the Assembly. When determining the number of places to be
captured balances after Division by four shall be disregarded.
(4) in electing the members of the Executive Committee shall take into account the Assembly to
balanced geographical layout and to all the countries that
are parties to the special agreements established in relation with the Union, have been
among the countries that make up the Executive Committee.
(5)
and the Member countries of the Executive Committee) shall exercise its function from the end of
session of the Assembly, which have been selected, to the end of the next
the ordinary session of the Assembly.
(b)) member countries of the Executive Committee may again be chosen, however, not more than
two thirds of them.
(c)) the Assembly election lays down rules about the ways and possible
Re-election of members of the Executive Committee.
(6)
and) Executive Committee:
I) prepares the draft agenda of the Assembly;
II) submit to the Assembly proposals regarding the draft programme and
the biennial budget of the Union prepared by the Director General;
(iii)) (deleted)
IV) submit to the Assembly with the appropriate comments periodic
the Director General and the yearly audit the financial report;
in the resolution of the Assembly) shall be based on and taking into account the circumstances of the
arising between two ordinary sessions of the Assembly of all
the measures necessary for the implementation of the program of the Union by the Director General;
vi) performs all other tasks which are conferred on it under this
Of the Convention.
(b)) on issues of interest to other Union managed organizations
the Executive Committee shall decide, taking into account the opinion of the coordination
Committee of the organization.
(7)
and) the Executive Committee shall meet once a year in ordinary session, on the
convocation by the Director General, if possible, at the same time and on the same
place as the Coordination Committee of the organization.
(b)), the Executive Committee shall meet in extraordinary session on convocation by
the Director-General shall circulate the initiative of either the Executive Committee or the
the request of its Chairman or one-fourth of the members of the Executive Committee.
(8)
and) each member country of the Executive Committee shall have one vote.
(b)) half of the Member countries of the Executive Committee constitutes a quorum.
c) decisions shall be taken by a simple majority of the votes cast.
(d)) Abstence does not count as a vote.
e) a delegate may represent one country only and only vote on behalf of the
one country.
(9) of the EU countries that are not members of the Executive Committee, may his
take part in the meeting as observers.
(10) the Executive Committee shall adopt its rules of procedure.
Article 15
(1)
and administrative tasks of the Union), the International Bureau ensures that
the Office of the Union succeeds the United with the authority of the Union created by the
The International Convention for the protection of literary and artistic works.
(b) the International Bureau shall carry out in particular) the secretariat functions of the various institutions
Union.
(c) the Director-General) is the highest officer of the Union and shall represent the
it.
(2) the International Bureau collects and publishes information on the protection of
industrial property rights. Each EU country will inform as soon as possible
The International Bureau about the text of each of the New Testament, and of all the official
texts concerning the protection of industrial property. Out of it
provides to the International Bureau all publications issued by its authorities
for industrial property, which relate directly to the protection of industrial
ownership and that the International Bureau considered interesting for its
activity.
(3) the International Bureau publishes the monthly magazine.
(4) the International Bureau, each EU country on request
information on issues relating to the protection of industrial property.
(5) the International Bureau shall draw up studies and provides services designed to
facilitate the protection of industrial property.
(6) the Director and every worker by participating in without
the right to vote in all meetings of the Assembly, the Executive Committee and other
the Committee of experts or working groups. The Director-General or his designated
the worker is ex officio Secretary of these bodies.
(7)
and the International Bureau) prepares according to the instructions of the Assembly and in cooperation
with the Executive Committee of the Review Conference on the other provisions of the Convention before
contained in articles 13 to 17.
(b)), the International Bureau may advise on the preparation of review conferences with
intergovernmental organizations and with international intergovernmental organizations.
(c)) and the Director-General a person designated by it will attend without voting
rights negotiations on these conferences.
(8) the International Bureau shall carry out any other tasks assigned to him.
Article 16
(1)
and the Union has a budget).
(b)) the Union's budget contains its own revenue and expenditure of the Union, its contribution
in the budget of expenditure common to the EU and, where appropriate, the amount of the available
the budget of the Conference of the organization.
(c)) For expenditure shall be considered as expenses common to the unions, which cannot be attributed to
exclusively to the Union but which also can be attributed to one or more other unions
managed organizations. The Union's share of the joint expenses is the
proportionate to the interest which the Union has on them.
(2) the budget of the Union shall be established with due regard to the requirements of coordination with the
the budgets of the other unions administered by the organization.
(3) the budget of the Union shall be financed from the following sources:
(I) contributions of the countries of the EU);
(ii)) of the fees and charges for services performed by the International Bureau of the
the title of the Union;
III) from the proceeds of the sale of publications the International Bureau related to
The Union and the fees for these publications;
IV) from donations, links, and subsidies;
in rent, interest) and other miscellaneous revenue,
(4)
and in order to determine the proportion of) contributions to the budget, each EU
country in one class and pay their annual contributions on the basis of the number of
laid down 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 it has already done so) before each country simultaneously with the imposition of
instruments of ratification or instruments of access class to which it wishes to be
included. A class can change. Selects the lower class, the country is required to
report it to the Assembly at its ordinary session. Such a change happens
effective the beginning of the calendar year following the
meeting.
(c) the annual contribution of each country) represents the sum of whose ratio to total
the amount of the annual contributions to the budget of the Union by all countries is the same as
the ratio between the number of units of the class in which it is included, and the total
the number of units of all countries.
d) Posts are due January 1st of each year.
e) a country which is in arrears in the payment of its contributions, it cannot
to exercise its right to vote in any organ of the Union, which is a member of,
equal to the amount of arrears, or if it exceeds the amount of contributions,
that this country has to pay the previous two full years. Such country
However, can afford to continue to be exercised their right to vote in
the authority, if the Authority considers that the delay in payment was
due to the extraordinary and unavoidable circumstances.
(f)), where the budget will not be approved before the start of the new
financial period will be transferred to the budget of the previous year, and this
the manner provided for in the financial regulations.
(5) the amount of fees and amounts for services rendered by the International Bureau of the
the title of the Union provides for the Director-General, who shall inform the
The Assembly and the Executive Committee.
(6)
and the Union has parts) the capital fund that creates a single
payment provided by each of the EU countries. If the Fund becomes insufficient,
the Assembly shall decide on the increase.
(b) the amount of the initial payment) each country to the said fund or of its participation
to increase this Fund is proportional to the annual contribution of that country for the year,
during which the Fund is established or the increase decided.
c) above and the method of payment determines the Assembly on the proposal of the Director General
After having heard the opinion of the Coordination Committee of the organization.
(7)
and the headquarters of the organisation) contract concluded with the country on whose territory the
The organisation has its head office, provides that this country provides backup in
cases where the parts Capital Fund are insufficient. The amount of the
These advances and the conditions under which they are provided, are in any
particular case, the subject of separate agreements between such countries and
Organizations. Such a country has ex officio seat in the Executive Committee for a period of,
After that it takes for her commitment to providing backup.
(b)) as country referred to in subparagraph (a)), as well as organizations have every right to
terminate the commitment to provide backup in the form of written notice.
Notice of termination will become effective three years after the year in which the
announced.
(8) the audit is carried out in a manner laid down in the financial regulations,
one or more EU countries or by external reviewers who are with
their agreement, appointed by the Assembly.
Article 17
(1) proposals for the amendment of articles 13, 14, 15, 16, and this article may be
presented to each Member of the Assembly, by the Executive Committee or
by the Director General. These proposals Announces ceo Member
countries of the Assembly at least six months before their cases in
The Assembly.
(2) amendments to the articles referred to in paragraph 1 shall approve Assembly. Their
approval requires a three-fourths majority of the votes cast; However,
any change to article 13 and of this paragraph requires a four-fifths
of the votes cast.
(3) amendments to the articles referred to in paragraph 1 shall enter into force one month after
what the Director-General will receive written notification of their acceptance, made in
accordance with the respective constitutional requirements, and that three-fourths of the countries
that were members of the Assembly at the time the change was approved. Changes
These articles have thus adopted weighs all the countries that are members of the
The Assembly at the time the amendment enters into force, or which become
its members later; However, any change that increases the financial obligations
EU countries committed to only those countries which have notified their acceptance of the listed
changes.
Article 18
(1) this Convention shall be subject to revision, to introduce improvements
aimed at improving the system of the Union.
(2) for this purpose will be in one of the EU countries take place gradually
the Conference delegates of these countries.
(3) the amendments to articles 13 to 17 shall administer the provisions of article 17.
Article 19
European Union countries each reserve the right to negotiate separately with each other
Special agreements for the protection of industrial property, if such
the agreement do not contradict the provisions of this Convention.
Article 20
(1)
and the EU country) signed this text, it may ratify, and
If it is not signed may accede. Instruments of ratification or
the instrument of accession shall be deposited with the Director-General.
(b) European Union country can declare) in its instrument of ratification or instrument of the Charter
to access that ratification or access do not apply:
I) on articles 1 to 12, or
II) articles 13 to 17.
(c)) of the EU country that under subparagraph (b)) excluded from the effects of ratification
or access one of the two groups of articles referred to in that
subparagraph may at any time thereafter, declare that it extends the effects of its
ratification or their access to that group of articles. Such
the Declaration shall be deposited with the Director-General.
(2)
and) articles + to 12 shall enter into force for the ten first Union countries
deposited by ratification or instrument of accession, without do
the Declaration referred to in paragraph 1 (b)), i) three months after the deposit of the 10th
instrument of ratification or instrument of accession.
b) articles 13 to 17 shall enter into force for the ten first Union countries
deposited by ratification or instrument of accession, without do
the Declaration referred to in paragraph 1), (b)), (ii)) three months after the deposit of the 10th
instrument of ratification or instrument of accession.
(c)) subject to initial the entry of each of the two groups of articles listed
in paragraph 1), (b)), i) and (ii)) in force in accordance with the provisions of the letters and) and (b))
and subject to the provisions of article 1), (b)) enters into force, articles 1-17
for the EU of a country other than those referred to in subparagraphs) and (b)), which
the instrument of ratification or instrument of accession, as well as for all
EU countries that deposit the Declaration referred to in paragraph 1), c), three months
After the date of notification of that deposit, the General Manager, but would in the stored
the Charter or declaration mentioned date. In this case,
the entry into force of this wording for this country in a date there that
(3) for each European Union country that saves the instrument of ratification of, or
the instrument of accession, entry into force of articles 18 to 30 the first day, when
any of the two groups of articles referred to in paragraph 1), (b)) shall enter
into force for that country pursuant to paragraph 2), and), b) or (c)).
Article 21
(1) any country which is not member of the Union may accede to this
the text of the Convention, and thus become a member of the Union. The instruments of accession are stored
with the Director.
(2) for a country that is not a member of the Union, and that put the instrument of
access one or more months prior to the date of entry into force
the provisions of this text, this text will enter into force on the day on which the
the provisions in force for the first time enters in accordance with article 20, 2)), or (b)),
but, in the instrument of accession, it was stated later date; However,
even if not) articles 1 to 12 in force on that date, it will be appropriate
the country in the meantime, the entry into force of these provisions, and
bound by articles 1 to 12 of the Lisbon version;
(ii) if articles) does not enter 13 to 17 in force to this day, the
the country in the meantime, the entry into force of these provisions, and
Instead, bound by articles 13 and 14. 3) and (5)) of the Lisbon text.
If the country in the Charter regarding access to a later date, enter this text in
into force for that country on the date referred to in the Charter.
(b)) for a country that is not a member of the Union which deposits an instrument of
access to the day following the entry into force of the single
the text of the articles of this group, or on the date on which this entry in
force passes less than a month, will enter into force, with this wording
subject to the provisions of subparagraph (a)) three months after the date on which such
access has been notified by the Director General, but, in the instrument of accession
It was stated later date. In this case, enter this text in
force for this country in a date there referred to.
(3) for a country that is not a member of the Union which deposits an instrument of
access after the date of entry into force of this wording as a whole, or
It shall do so in less than a month before this date, enter this text
into force three months after the date on which it was notified to the General access
Director, but would in the instrument of accession, it was stated later date. In
this case, the entry into force of this wording for this country in a date there
referred to.
Article 22
Subject to possible exceptions referred to in article 20 (2). 1), (b)) and 28
paragraph. 2) means of ratification or access automatically accept all
the provisions and return all benefit from that.
Article 23
After the entry into force of this wording as a whole, not the country
proceed to the previous wording of this Convention.
Article 24
(1) any country may declare in its instrument of ratification to the Charter or the Charter of
of accession or at any time later in writing, inform the
the Director, that this Convention shall apply to all or part of the territory
referred to in the Declaration or notification, for the external relations of which it is
This country responsible.
(2) any country which has made such a declaration, or such notice,
may at any time notify the Director General that this Convention shall cease to be
applicable to the whole or part of the territory.
(3)
and the Declaration made under paragraph 1). 1) becomes effective on the date on which the
become effective ratification or access, in which was contained, and
a notification made under this paragraph shall become effective three months
then, when it was notified by the Director General.
(b)), a notification made pursuant to paragraph. 2) becomes effective twelve months
then, when the Director-General.
Article 25
(1) any country which is a party to this Convention undertakes that it will in the
accordance with their respective constitutional requirements the measures necessary for the implementation of this
Of the Convention.
(2) it is assumed that at the time when the instrument of ratification of the Earth
or the instrument of accession, will be able to provide in accordance with its internal
legislation, the effectiveness of the provisions of this Convention.
Article 26
(1) this Convention shall remain in force for an unlimited period of time.
(2) any country may denounce this text by giving notice
the Director-General. Such testimony is also testimony of all
the earlier wording and concerns only the country that it brought, while for
other EU countries, the Convention remains valid and enforceable.
(3) a notice of termination becomes effective one year after the day on which the Director-General
received a notice.
(4) the right of termination contained in this article, the country may exercise only
After the expiry of five years from the date on which it became a member of the Union.
Article 27
(1) this text replaces, in relations between the countries, among which, and in
the extent to which apply Paris Convention of 20 October. March 1883, and more
the revised wording.
(2)
and when it comes to the country), that this wording does not apply, or
on the whole, does not apply, but which applies the Lisbon text of
on October 31, 1958, the then the text in force in their
whole or in part, which does not replace this text referred to in paragraph
1).
(b)) as well as for countries which are not covered by this wording, nor his
part, nor the Lisbon text, the text remains of London
June 2, 1934 as a whole or only in part, which does not replace
This wording. 1).
(c)) as well as for countries which are not covered by this wording, nor his
part of Lisbon or London, or amended, shall remain in force as amended by
The Hague from 6 May. November 1925 as a whole or only in part, the
which does not replace this text. 1).
(3) countries that are not member countries of the Union, and becomes a Contracting
Parties to this wording, apply is in relation to EU countries
are not parties to this or that are Contracting
Parties to this wording, have made the Declaration referred to in article 20 (2). 1),
(b)), as well). The country will admit that these EU countries apply in their
relations with them provisions of the most recent version, which are Contracting
parties.
Article 28
(1) any dispute between two or more EU countries that concern the
the interpretation or application of this Convention and that have not dealt with by negotiation, they may
be submitted in any of the countries concerned to the International Court
the Court of justice by way of the application of the corresponding Statute of the Court, unless the
countries agree to another method of solution. The requesting country shall inform the dispute
submitted to the Court of Justice of the International Bureau; that it shall notify all other EU
countries.
(2) upon signature of this wording or ratification, or
instrument of accession the country may declare that it shall not be bound by the
the provisions of paragraph 1. When it comes to disputes between such countries and
other EU countries, it shall not apply the provisions of paragraph 1).
(3) country that has made a declaration within the meaning of the provisions of paragraph 2),
You may at any time withdraw the notification addressed to the Director General.
Article 29
(1)
and this text is signed) in a single copy in the French language
and deposited with the Swedish Government.
(b) the Director-General shall draw up) official texts in consultation with the
the interested Governments, in the English, French, German, Portuguese,
Russian and Spanish languages and in other languages, which can determine the
The Assembly.
(c)) in the case of differences on the interpretation of the individual texts shall be decided by
the text of the French.
(2) this text remains open for signature at Stockholm until 13 October.
January 1968.
(3) the Director General shall transmit two certified copies of the Swedish Government
the signed text of this text to the Governments of all the EU countries and at the request of
the Government of any other country.
(4) the Director-General can register this text with the Secretariat
Of the United Nations.
(5) the Director-General announces the Governments of all the EU countries, signatures,
store the instrument of ratification or instrument of accession and all
the statements contained in such instruments or made pursuant to article 20 of the
paragraph. 1) (c)) the provisions of this text in the entry into force, notice of
notice of termination and the notification referred to in article 24.
Article 30
(1) until the first Director General assumes office, references
in this wording on the International Bureau of the organization or the General
the Director, be construed as references to the Bureau of the Union or its Director.
(2) the EU countries that are not bound by articles 13 to 17, may, for a period of
five years from the date of entry into force of the Convention establishing the Organization,
exercise, if you so wish, the rights recognized under article 13 to 17
This text, as if they were bound by these provisions. The country, which
He wants to exercise these rights, save for this purpose with the Director
a written notice will become effective on the date of its adoption. These countries are
considered to be members of the Assembly until the time of expiry of the said period.
(3) if all EU countries become Member States of the Organization,
the International Bureau of the Organization to carry out its function as
Office of the Union and the Director-General as the Director of that Office.
(4) once all EU countries will become members of the Organization, the rights,
liabilities and assets of the authority of the Union will pass to the International Bureau of the organization.
In witness whereof the undersigned, having to do a proper full powers, have signed
the text of the Convention.
Given in Stockholm on 14 June 2005. July 1967.
