Of The Nice Agreement Concerning The Classification Of Goods For The Purposes Of The Registration Of Marks

Original Language Title: o Niceské dohodě o třídění výrobků pro účely zápisu známek

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=34321&nr=118~2F1979~20Sb.&ft=txt

118/1979 Sb.



DECREE



Minister of Foreign Affairs



of 9 June. July 1979



of the Nice Agreement concerning the international classification of goods and services for the purposes

the registration of marks of 15 June. June 1957, as revised at Stockholm on 14 July.

July 1967 and at Geneva on 13. May 1977



77/1985: Sb.



On 13 November. May 1977 in Geneva was negotiated, a new revision of the Nice Agreement concerning the

the international classification of goods and services for the purposes of the registration of marks, dated

June 15, 1957, as revised at Stockholm on 14 July. July 1967.



The instrument of accession of the Czechoslovak Socialist Republic to the new revision of the

The agreement was deposited with the Director General of the world intellectual property organization

ownership of 13 October. September 1978.



The new revision of the agreement entered into force pursuant to its article 9 on the day

February 6, 1979, and from this day entered into force and also for

The Czechoslovak Socialist Republic.



An English translation of the new revision of the agreement shall be published at the same time.



First Deputy:



Ing. Book v.r.



NICE AGREEMENT



concerning the international classification of goods and services for the purposes of the registration of marks



of 15 November 2004. June 1957,



revised in Stockholm on 14 June 2005. July 1967 and at Geneva on 13.

May 1977



Article 1



The formation of the Special Union; adoption of an international classification; the definition and

languages of the classification



1. States that are bound by this agreement, shall constitute a special Union and

adopt a common classification of goods and services for the purposes of the registration of marks

(hereinafter referred to as "the classification").



2. classification includes:



I. list of classes to which they are connected, if necessary, explanatory notes;



II. alphabetical list of goods and services (hereinafter referred to as "the alphabetical list") with the

the designation of the class to which each refers to a product or service.



3. classification consists of:



Of the grading, which was released in 1971 by the International Bureau of intellectual

ownership (hereinafter referred to as "the International Bureau") referred to in the Convention establishing the

World Intellectual Property Organization, with explanatory notes

a list of the classes contained in this publication shall be considered as provisional and

featured in the meantime until they are introduced by the Committee of experts, which

mentioned in article 3;



II. of the changes and additions which, in accordance with article 4, paragraph 1, of the Nice

the agreement of 15 November 2004. June 1957, as revised at Stockholm on 14 July.

July 1967 effective prior to the entry into effect of this version;



III. of the changes that will be carried out later on the basis of article 3 of this

the text of and which will be effective in accordance with article 4, paragraph 1

This wording.



4. classification is drawn up in the language of the English and French languages, both

texts being equally authentic.



5.



and Sorting of which) referred to in paragraph 3. I, as well as amendments and supplements

referred to in paragraph 3. II. that effective prior to the date on which the

This wording is open to signature, is contained in a single authentic

specimens, drawn up in the French language, saved with the

the Director of the World Intellectual Property Organization (hereinafter referred to as the "General

Director "and" the Organization "). Changes and additions referred to in paragraph 3. II.,

which will be effective after the date on which this text is open to

signature shall also be deposited with the Director-General, and in one

authentic specimens, drawn up in the French language.



(b) the English version of the texts) referred to at point a) shoots a Committee of experts,

which mentions article 3, immediately after the text of the agreement shall take

the validity of. Its an authentic specimen will be deposited with the Director.



(c)) the changes referred to in paragraph 3. III. shall be deposited with the Director-General,

and this in a single authentic copy, drawn up in French and

the English language.



6. The Director-General after consultation with the interested Governments takes either

on the basis of the translation proposed by these Governments, or in any other way,

without financial implications on the budget of the Special Union or for the

The Organization, the official texts of the classification in the Arabic, German, Spanish,

Italian, Portuguese and Russian languages, and in other languages, which will determine the

The Assembly, which is mentioned in article 5.



7. In the alphabetical list, for each product or service name referred to

the serial number of their language in which the list is taken.



I. in the case of the alphabetical list established in English, is shown

also the serial number of that same name in the alphabetical list has taken on

the Dutch and vice-versa.



II. In the case of the alphabetical list of taken in accordance with paragraph 6., the

noted whether or not the serial number, which has the same name in the alphabetical list

taken in French or in the alphabetical list taken on

the English language.



Article 2



Legal reach and use of sorting



1. subject to the obligations imposed by this agreement is the reach of such a classification,

what he admits to each State of the Special Union. In particular, the international

sorting does not oblige the States Special Union nor with respect to the assessment of the

the scope of protection of the mark, even when it comes to the recognition of service marks.



2. Each of the countries of the Special Union reserves the right to use the classification either

as a main or auxiliary system system.



3. the competent authorities of the countries of the Special Union shall indicate in the official documents and

official publications of registrations marks the numbers sort in which classes

include the products or services for which the mark is written.



4. the fact that in the alphabetical list shall indicate the name, it is no

without prejudice to the rights that may exist for this name.



Article 3



The Committee of experts



1. the Committee of experts, in which each State is represented by a Special

Union.



2.



and the Director-General may), and at the request of the Committee of experts is

shall invite States that are not members of the Special Union, however, are

members of the organization or party to the Paris Convention for the protection of

industrial property, to the meeting of the Committee of experts could be

represented by observers.



(b) invite the Director-General) of intergovernmental organizations which specialize in

on the field, and among which at least one is a Member State of the

participating in this agreement, to the meetings of the Committee of experts could be

represented by observers.



(c)), and the Director-General may, at the request of the Committee of experts, shall, invite

representatives of other intergovernmental organizations and international non-governmental

organisations to participate in those debates that interest them.



3. the Committee of experts:



I. decide on the changes that are to be executed in sorting;



II. calls on the countries of the Special Union with recommendations designed to

sorting easier to use and extend its uniform application;



III. any other measures-without having the financial

implications on the budget of the Special Union or for the Organization-are such

nature that may facilitate the use of sorting in the developing countries;



IV. is entitled to establish subcommittees and working groups.



4. the Committee of experts adopts its rules of procedure. This order provides the ability to

intergovernmental organizations referred to in paragraph 2 (a). (b)), which may

significantly contribute to the development of the classifier, to participate in the meetings of the

subcommittees and working groups of the Committee of experts.



5. Proposals for amendments to be made in the classification may be

submitted to the competent authority of any State of the Special Union,

The International Office, the intergovernmental organizations represented within the meaning of

paragraph 2., subparagraph (a). (b) the Committee of experts) and each State or organisation

that was expressly invited by the Committee of experts that such proposals

She has delivered. Proposals shall be communicated to the International Bureau, which shall submit them to

members of the Committee of experts and observers not later than two months before the

the meeting of the Committee of experts, during which it will be judged.



6. each Member State of the Committee of experts shall have one vote.



7.



and) subject to the provisions in (b)), the Committee of experts of its

decisions by a simple majority of the represented and voting States Special

Union.



(b) a decision on the major editing) in the sorting, it is a 4/5

mostly represented and voting countries of the Special Union. Essential

editing means the transfer of the goods or services from one class to another

or setting up a new class.

(c)) of the rules of procedure referred to in paragraph 4 provides that, with the exception of



in special cases the fundamental modifications in the classification shall be carried out after the

defined time period; The Committee of experts determines the length of each time

period.



8. Abstence does not count as a vote.



Article 4



Notification of changes, beginning their validity and their publication



1. The changes decided on by the Committee of experts, as well as the recommendations of the Committee

of experts, the International Bureau notifies the competent authorities of countries of the Special

Union. Major modifications shall enter into force six months after the date of dispatch,

the notification. All other amendments shall enter into force on a date to be determined by

The Committee of experts in the decision about the change.



2. The International Bureau incorporates changes to the třídníku, which entered into

force. These changes shall be published in periodic periodicals intended

The General Assembly permitted in article 5.



Article 5



Assembly of the Special Union



1.



and of the Special Union shall have an Assembly) consisting of the States that

ratify this text or acceded to.



(b)), the Government of each State is represented by one delegate, who may be

its representatives, advisers and experts.




(c) the expenses of each delegation shall be borne by) Government that this delegation established.



2.



and subject to the provisions of articles) 3. and 4. Assembly:



I shall examine all questions relating to the maintenance and further development of the

The Special Union and the implementation of this agreement;



II. The International Bureau gives the guidelines for the preparation of the review conferences,

taking into account the comments of the countries of the Special Union

This wording has not ratified or adhered to it;



III. review and approve the reports and activities of the Director General

Organization (hereinafter referred to as "the Director General") concerning the Special Union, and

gives him the necessary instructions in matters of competence of the Special Union;



IV. the programme, approves the biennial budget of the Special Union and

approve its final accounts;



In the financial regulations of the special. approves of the Union;



Vi. in addition to the Committee of experts shall be set up as referred to in article 3 of the other committees of experts

and working groups as it deems appropriate for the implementation of the objectives of the

The Special Union;



VII. Decides that States which are not members of the Special Union, and

which intergovernmental and international non-governmental organizations may be admitted

as observers to its meetings;



VIII. approve the modification of articles 5 to 8;



IX. other appropriate measures aimed at achieving the objectives of the Special Union;



X performs all other tasks assigned to it by this agreement.



(b)) on issues of interest to other Union managed organizations

shall be decided by the Assembly with regard to the recommendations of the Coordinating Committee

The organization.



3.



and Assembly) each Member State has one vote.



(b)) half of Member States of the Assembly constitutes a quorum.



(c)) if at a meeting of the number of States represented is less than half, but

When or if it exceeds one-third of the Member States of the Assembly,

the Assembly may make decisions, and that notwithstanding the provisions of

subparagraph (b)); decision of the Assembly, with the exception of decisions on the rules of procedure

the order, however, to become vykonavatelnými only after meeting the following

terms and conditions. The International Bureau shall notify this decision to Member States

The Assembly which were not represented and shall invite them to within three

months, which is calculated from the date of this notice, cast in writing

your voice or abstenci. If, after the expiry of this period is the number of

States that cast their vote or abstenci, equal to at least

the number of missing to achieve the quorum States at the meeting, the following decisions

they become vykonavatelnými, provided that at the same time is achieved

the majority required.



(d)) with the exception of the provisions of article 8, paragraph 2. accepts Assembly

the decision of the majority of two thirds of the votes cast.



e) Abstence does not count as a vote.



f) a delegate may represent only one State and can only vote its

on behalf of the.



g) Member States of the Special Union not members of the Assembly are

admitted to its meetings as observers.



4.



a) the Assembly shall meet once every two years in regular session convened

the Director General, with the exception of emergency cases, in the same

time and in the same place as the General Assembly of the organization.



(b)) the Assembly shall meet at an extraordinary session convened by the

the Director, at the request of one quarter of the Member States of the Assembly.



(c) the Director-General shall prepare for) each meeting agenda.



5. the Assembly shall approve its rules of procedure.



Article 6



The International Bureau



1.



and) administrative tasks of the Special Union by the International Bureau ensures.



(b)), the International Bureau, in particular, prepare the meetings and perform the tasks

the Secretariat of the Assembly, the Committee of experts and all other committees or

working groups of the Assembly or the Committee of experts may set up.



(c) the Director-General) is the highest officer of the Special Union and shall represent the

it.



2. the Director and each co-worker by participating in without

the right to vote in all meetings of the Assembly, the Committee of experts or of any

other committees or working groups of the Assembly or the Committee of the

experts may set up. The Director-General or by a co-worker

is ex officio Secretary of these bodies.



3.



and the International Bureau) is preparing Assembly instructions

the Conference about the provisions of the agreement, other than articles 5 to 8.



(b)), the International Bureau may advise on the preparation of review conferences with

intergovernmental organizations and international non-governmental organizations.



(c)) and the Director-General a person designated by it shall participate without voting

rights negotiations for the revision of conferences.



Article 7



The financing of the



1.



and the Union has its own) a special budget.



(b) the budget of the Special Union) contains its own revenue and expenditure of the Special

the Union, its contribution to the budget of expenses common to the unions, and, where appropriate,

the amount of the available budget of the Conference of the organization.



(c)) For expenditure shall be considered as expenses common to the unions, which are not

exclusively to the Special Union but also to apply to one or more

other Union managed organizations. The proportion of the Special Union for the

public expenditure is proportionate to the interest which has the Special Union.



2. the budget of the Special Union shall be established with due regard to the requirements of the

coordination with the budgets of the other unions administered by the organization.



3. the budget of the Special Union shall be financed from the following sources:



I. contributions from the Member countries of the Special Union;



II. from the fees and charges for services rendered by the International Bureau of the

the title of the Special Union;



III. from the proceeds of the sale of publications the International Bureau relating to the

The Special Union and the benefits for these publications;



IV. from donations, links, and subsidies;



In the interest of rents, and other miscellaneous revenue.



4.



and) to determine the amount of contributions referred to in paragraph 3. I belong to every

the Special Union Member State in the same class, which is included in the

Union for the protection of industrial property, and pay their annual contributions

According to the number of units, which is set for a class in this Union.



(b)) the annual contribution of each Member of the Special Union shall consist of

of the amount, the ratio to the total amount of the annual contributions of all States for the

the budget of the Special Union is the same as the ratio between the number of units of a class

in which it is inserted, and the total of the units of all the States.



c) contributions shall be payable on January 1, each year.



(d)) a State which is in arrears in the payment of its contributions, does not have the right to

to vote in any organ of the Special Union, equal to the amount of arrears

total amount of contributions to be paid by that State for two

the previous full years, or if it exceeds it. The authority of the Special Union

However, it may allow such a State to allow the authority to continue to perform

their right to vote, if that authority considered that the delays occurred for

extraordinary and unavoidable circumstances.



e) if the budget is not 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 the fees and charges for services rendered by the International Bureau of the

the title of the Special Union shall designate a Director-General, who shall submit a report

The Assembly.



6.



and the Union has parts) the capital fund that creates

a single payment granted to each State of the Special Union. If it becomes

the lack of Fund, the Assembly shall decide on the increase.



(b) the amount of the initial payment) each State into the Fund or its

participation in the increase of the Fund is proportional to the annual contribution of the

State valid in the year during which the Fund creates or makes

the decision to increase it.



(c) the proportional amount) and payment method specifies the Assembly on a proposal from

the Director-General, after having heard the opinion of the Coordination Committee

The organization.



7.



and the agreement on the headquarters of the organisation) concluded with the State on whose territory the

The organisation has its head office, provides that the State shall provide backup in

cases where there is insufficient operating capital fund. The amount of these

backups and the conditions under which they are provided, are in each individual

If the subject of separate agreements between the State and organizations.



(b) the State referred to under (a)), and) and the organisation shall each have the right to terminate

commitment to provide backup in the form of written notice. The denunciation shall be

become effective three years after the year in which it was notified.



8. the audit is carried out in the manner prescribed by the financial regulations,

one or more States of the Special Union or by external reviewers, with

the agreement designates the Assembly.



Article 8



Modification of articles 5-8



1. Proposals for the modification of articles 5, 6, 7, and this article may submit any

Member State Assembly or a General Manager. These designs Announces

the Director-General to the Member States of the Assembly at least six months before the

their consultation by the Assembly.



2. the modification of articles referred to in paragraph 1 shall approve Assembly. Their

approval requires a three-fourths majority of the votes cast; However,

any modification of articles 5 and this paragraph shall require four-fifths of

of the votes cast.




3. Modification of articles referred to in paragraph 1, shall enter into force one month

After the Director receives a written notification of their acceptance,

made in accordance with the respective constitutional rules, three-fourths

States which are members of the Assembly at the time the scheme was approved.

Any modification of these articles thus adopted binds all States that

they are members of the Assembly at the time the modification enters into force, or

that will become its members later; However, any modification of that

effect of increasing the financial obligations of countries of the Special Union, binds only those

States that notifikovaly such adjustments.



Article 9



Ratification and access; entry into force of



1. Each of the countries of the Special Union which has signed this text, you can

ratify, and did not sign them, can accede to it.



2. Any State which is a Member State of the Special Union, however, is

a member of the Paris Convention for the protection of industrial property, may

access this text and thus become a member of the Special Union.



3. the instruments of ratification and instruments of accession shall be deposited with the

the Director.



4.



and this text) will take effect three months after both of the below

the conditions mentioned above:



I. six or more of the States submitted their instruments of ratification or

about access;



II. at least three of these States are to the date on which this text is

open for signature, States of the Special Union.



b) entry into force referred to in subparagraph (a)) is effective against the countries which

at least three months prior to the acquisition of the validity of the instrument of surrender

ratification or accession.



(c)) for each additional State, not covered by the provisions of subparagraph (b)),

enter this text into force three months after the date on which the Director-General

notify its ratification or access unless the ratification Charter

or in the instrument of accession, it was stated later date. In this case,

enter this text into force for this State on the date referred to in the Charter.



5. Ratification or access law indicates acceptance of all the provisions and

return all the benefits of this agreement.



6. After the entry into force of this text, no State may

the previous text of this agreement to ratify or accede to it.



Article 10



The duration of the



This agreement shall have the same duration as the Paris Convention for the protection of

industrial property rights.



Article 11



Revision



1. This agreement may be revised periodically conferences of States

The Special Union.



2. a review Conference shall be convened on the basis of the decision of the Assembly.



3. articles 5-8 can be edited either revision conferences, or in the

accordance with article 8.



Article 12



Notice of termination



1. any State may denounce this as amended by notification addressed to the

the Director. This notice also includes a statement of the text or to those

the text of that or this wording and which preceded the State giving

testimony has ratified or to which (to which), and is only effective

for the State, which it has submitted, and the agreement shall remain valid and enforceable

in relation to other States of the Special Union.



2. Denunciation shall take effect one year after the day on which the General

the Director has received notice.



3. the law of evidence, contained in this article, no State,

until five years from the date on which a member of the Special Union.



Article 13



Reference to article 24 of the Paris Convention



The provisions of article 24 of the Stockholm text of the Paris Convention for the protection of

industrial property of 1967 shall apply also to this agreement;

However, if in the future, these provisions will be modified, the

This agreement apply last modified in relation to those States of the Special

the Union, which will be bound by this modification.



Article 14



Signatures; languages; the function of the depositary; notification



1.



and this text is signed) in a single original copy, drawn up

in English and in French, both texts are

just as legitimate. Is deposited with the Director.



(b)) the Director shoots after consultations with interested Governments

official texts of the text of the agreement, and within two months after the signature of this

the texts in the other two languages, Spanish and Russian languages, in which in addition to

the languages referred to under (a)) were signed as rightful

the founding conventions of the lyrics world intellectual property organization.



(c)) the Director shoots official texts of this text of the agreement after the

consultation with the interested Governments, in German, Arabic,

Italian, Portuguese and other languages, which can determine the

The Assembly.



2. this text remains open for signature until 31 December 2006. December 1977.



3.



and the Director-General shall verify and) passes the two copies of the signed text of this

the text of the Governments of all countries of the Special Union and, on request, of any other

State.



(b)) the Director-General shall transmit two copies, and verifies each edit this text

the Governments of all countries of the Special Union and, on request, to the Government of any

of another State.



4. The Director-General can register this text with the Secretariat

Of the United Nations.



5. the Director General shall notify the Governments of all the Member States of the Paris

Convention for the protection of industrial property:



I. signatures made pursuant to paragraph 1;



II. ratification of instruments or instruments of access referred to in article 9,

paragraph 3;



III. date of entry into force of this text under article 9, paragraph 4,

(a));



IV. adoption of the text of the adjustments referred to in article 8, paragraph 3;



In the data, when such modifications shall enter into force;



Vi. the denunciations referred to in article 12.