69/1975 Coll.
DECREE
Minister of Foreign Affairs
of 13 October. January 1975
the Convention establishing the world intellectual property organisation, signed
in Stockholm on 14 June 2005. July 1967
Change: 80/1985 Coll.
On 14 June 2005. July 1967 it was agreed in Stockholm Convention on the establishment
World Intellectual Property Organization.
The Convention was ratified by the President of the Republic and the instrument of accession of CZECHOSLOVAKIA was
deposited with the Director General of the world intellectual property organization
on 22 November. September 1970.
Convention entered into force, pursuant to article 15, 1. on 26 February 2000.
April 1970. For the Czechoslovak Socialist Republic entered into
into force on 22 October 2005. December 1970.
Czech translation of the Convention shall be published at the same time.
Minister:
Ing. Chňoupek v.r.
CONVENTION
establishing the world intellectual property organization, signed at
Stockholm, 14 July 2004. July 1967
The Contracting Parties
Desiring to contribute to better understanding and cooperation between the countries to
their mutual benefit and on the basis of respect for their
sovereignty and equality,
Desiring to encourage creative activity by promoting the protection of intellectual
ownership in the world,
Desiring to modernize and improve the management of the Union, established in the area of
the protection of industrial property and the protection of literary and artistic
works, while fully respecting the independence of each of the unions,
have agreed as follows
:
Article 1
The establishment of the Organization
This Convention establishes the world intellectual property organization.
Article 2
The concepts of
In this Convention means:
I) "Organization" World Intellectual Property Organization;
(ii)) "the International Bureau", the International Bureau of intellectual property;
III) "Paris Convention" Convention for the protection of industrial property,
signed 20. March 1883, including all of its revised version;
IV) "Berne Convention" Convention for the protection of literary and artistic works,
signed 9. September 1886, including all of its revised version;
in) "Paris Union" means the International Union created by the Paris Convention;
vi) "Berne Union" means the International Union created by the Berne Convention;
VII) "Unions" to the Paris Union, the Special Union, and special agreements established within the
respect of that Union, the Berne Union, as well as all international
commitment to promoting the protection of intellectual property whose
managed by the Organization in accordance with article 4, iii);
(VIII))
"intellectual property" rights
-literary, artistic and scientific works,
-the performances of performers, phonograms and radio
the broadcast,
-inventions in all areas of human activity,
-scientific discoveries,
-industrial designs and models,
-to the factory, trade marks and service marks, as well as to business
the names and trade names,
-protection against unfair competition
and all other rights related to intellectual activity in the field of
industrial, scientific, literary and artistic.
Article 3
Objective of the Organization
Objective of the organization is:
I) to promote the protection of intellectual property throughout the world through cooperation
among the States, in appropriate cooperation with other international organisations;
II) to ensure administrative cooperation among the unions.
Article 4
The tasks of the
In order to achieve the objective referred to in article 3, the Organization, through its
the competent authorities and subject to the competence of each of the unions:
I) supports the adoption of measures intended to improve the protection of intellectual
property rights throughout the world and to harmonize national legislation in
This area;
II) provides administrative services for the Paris Union, the Special Union established by the
in connection with the Union and for the Berne Union;
III) can take over management, which includes the implementation of any
the international commitment towards promoting the protection of intellectual
ownership or participate in such administration;
(iv) encourage the conclusion of international commitments) to support
the protection of intellectual property rights;
offers its cooperation in) States requesting legal technical assistance in
the field of intellectual property;
vi) collects and disseminates information on the protection of intellectual property rights,
performs and supports studies in this area and will publish their results;
VII) provides services to facilitate the international protection of intellectual
ownership and, if necessary, carry out appropriate writes and publishes
details regarding these registrations;
VIII) shall take all other appropriate measures.
Article 5
Membership
1. A member of the organisation may become a State that is a member of the
the Union referred to in article 2, vii).
2. A member of the Organization may become even the State which is not a member of any of the
Union, on condition that the
I) is a member of the United Nations, some professional organizations
associated with the United Nations or the International Agency for
Atomic Energy or is a party to the Statute of the International Court of
the Court or
II) was invited by the General Assembly to become a party to this Convention.
Article 6
The General Assembly
1.
and) the General Assembly shall be composed of the States participating in this
The Convention, which are members of at least one of the Union.
(b)) the Government of each Member State shall be represented by a delegate, who may be
accompanied by its representatives, advisers and experts.
(c) the expenses of each delegation shall be borne by) Government which has appointed it.
2. The General Assembly
(I) the Director General shall appoint the) proposal to the Coordinating Committee;
II) shall consider and approve reports of the Director General concerning the
Organization and gives him all necessary instructions;
(iii)) shall consider and approve the reports and activities of the Coordination Committee gives
his instructions;
IV) approve the biennial budget of expenses common to the unions;
in General, approve the measures proposed) Director and concerning the
the implementation of international
the obligations referred to in article 4, iii);
vi) approve the financial regulations of the Organization;
VII) determines the working languages of the Secretariat, taking into account the practice of the United
Nations;
VIII) invite States referred to in article 5, 2), (ii)), to become parties to the
of this Convention;
IX) decide that non-Member States of the Organization and which intergovernmental and
international non-governmental organizations can have access to its meetings as
observers;
x) holds the other necessary tasks within the framework of this Convention.
3.
and each State, whatever) is a member of one or more of the unions, is in the General
the Assembly of one vote.
(b)) half of the Member States of the General Assembly shall form a quorum.
(c) without prejudice to the provisions of subparagraph (a)). (b)), if the number of States represented at the
meeting, is less than half of the Member States of the General Assembly,
but it is more than a third of them, or equal to, the General
the Assembly of a quorum; but his decision, with the exception of those which are
apply its own procedural questions, shall be effective only
If the following conditions are met. The International Bureau shall notify such
the decision of the General Assembly to Member States, which have not been
represented, and invite them to within three months of such communication,
Express in writing their vote or abstenci. If at the time of expiry of the
This period is the number of States that have expressed their vote or
abstenci, at least equal to the number of States that were missing to attain a quorum
the meeting will set out enforceable provided that
at the same time is reached and the majority required.
d) subject to the provisions (a). e) and (f)), the General Assembly of its
decision by a majority of two-thirds of the votes cast.
e) approval of the measures concerning the administration of international obligations
referred to in article 4, iii) requires a majority of three quarters of the cast
votes.
f) approval of the agreement with the United Nations in accordance with the
the provisions of article 57 and 63 of the Charter of the United Nations requires the most
nine-tenths of the votes cast.
(g) appointment of the Director) [paragraph 2, i)], the approval of measures
proposed by the Director General concerning the administration of international and
[paragraph 2)] and a change of the registered office (article 10) requires the necessary
the majority, not only in the General Assembly but also in the Assembly of the Paris
Union and in the Assembly of the Berne Union.
h) Abstence is not considered a vote.
I) one delegate may represent one State only, and only on his behalf
vote.
4. a) General Assembly shall meet once every two years in ordinary session,
which shall be convened by the Director General.
(b)), the General Assembly shall meet in extraordinary session, which shall be convened by
the Director-General, at the request of the Coordination Committee or at the request
a quarter of the Member States of the General Assembly.
(c) the meetings will be held in) the headquarters of the organization.
5. States parties to this Convention which are not members of any of the unions,
have access to the meetings of the General Assembly as observers.
6. The General Assembly shall act on its rules of procedure.
Article 7
Conference
1.
and the Conference is established) composed of States participating in the Convention,
whether or not some of the members of the Union.
(b) the Government of each State shall be represented by) one delegate, who may be accompanied by
its representatives, advisers and experts.
(c) the expenses of each delegation shall be borne by) Government which has appointed it.
2. the Conference:
I) shall deal with matters of general interest in the field of intellectual property
and may make recommendations on these issues, while respecting the powers and
the autonomy of the Union;
(ii) approve the biennial budget of the Conference);
III) draws up the budget, within the limits of this two-year programme in law
technical assistance;
IV) approve amendments to this Convention in accordance with the procedure laid down in article 17;
in) decides which non-Member States of the Organization and which intergovernmental and
international non-governmental organizations can have access to its meetings as
observers;
vi) performs other necessary tasks within the framework of this Convention.
3.
and) each Member State has one vote in the Conference.
(b)) a third of the Member States shall constitute a quorum.
(c)), subject to the provisions of article 17 of the Conference makes its decisions
two-thirds of the votes cast.
(d)) the contributions States participating in this Convention that are not members of the
of any of the unions shall be fixed by a vote, which they have the right to participate in the only
delegates from those States.
e) Abstence is not considered a vote.
(f)), one delegate may represent one State only, and only on his behalf
vote.
4
and) Conference meet at the regular meeting of the general assemblies
Director, that takes place at the same time and place as the General Assembly.
(b)), the Conference shall meet in extraordinary session, which shall be convened by the General
the Director shall, at the request of most of the Member States.
5. the Conference shall act on its rules of procedure.
Article 8
The Coordinating Committee
1.
and) a Coordination Committee consisting of the States participating in this
The Convention that are members of the Executive Committee of the Paris Union and of the Executive
Committee of the Berne Union, or both executive committees. However, if the
one of these Executive Committees includes more than a quarter of the Member States
It was chosen by the Assembly, which shall be determined by the Executive Committee from among its members
those States that will be members of the Coordination Committee, so that their
the number does not exceed that indicated a quarter, with that of the country in whose territory the
the Organization has its seat, in the quarters.
(b)) the Government of each State member of the Coordination Committee shall be represented by one
delegate, who may be accompanied by its representatives, advisers and experts.
(c) if) hears the Coordinating Committee either questions directly related to the
the program or budget of the Conference and its agenda, or proposals for
amendments to this Convention which would affect the rights or obligations of States
participating in this Convention that are not members of any of the unions, will participate in the
with a quarter of those States to the meeting of the Coordination Committee with the same
rights as members of that Committee. The Conference shall elect at every sound
meeting of the States to take part in such meetings.
(d) the expenses of each delegation shall be borne by) Government which has appointed it.
2. If you Want other Union Organizations be managed as such
represented in the Coordination Committee, their representatives must be designated
of the Member States of the Coordination Committee.
3. the Coordination Committee shall:
I) gives the authorities the Union, to the General Assembly and to the General Conference
the Director its observations on all administrative and financial issues and to all
other questions representing a common interest in either of two or more of the unions,
or one or more of the unions and the Organization, and in particular to the budget
common expenses of the Union;
II) prepares the draft agenda of the General Assembly;
III) prepares the draft agenda and the draft program and budget
The Conference;
IV) cancelled
in) if the term of Office of the Director General or if the Office of the
Instead, it will propose to the General Assembly the name of the candidate for that post;
If the General Assembly fails to appoint the nominee suggests
The Coordinating Committee of another candidate; This procedure is repeated until
the last proposed candidate was not appointed by the General Assembly;
vi) if the place of the Director-General between the two meetings of the
The General Assembly shall appoint an Acting Director General for the
the period before the new Director General assumed his duties;
VII) carries out the additional tasks entrusted to it under this Convention.
4.
and) the Coordinating Committee shall meet once a year in ordinary session, which
convened by the Director General. It shall meet as a rule in the headquarters of the organisation.
(b)), the Coordination Committee shall meet in extraordinary session, which shall be convened by
the Director General, either on his own initiative or at the request of the President or
a quarter of the members of the Coordination Committee.
5.
and each State, whatever) is a member of one of the two Executive Committees referred to in
paragraph 1 or both of the committees has one vote in the Coordination Committee.
(b)) half of the members of the Coordinating Committee shall form a quorum.
(c)), one delegate may represent one State only, and only on his behalf
vote.
6.
and) Coordination Committee expresses its opinions and make its decisions
by a simple majority of the votes cast. Abstence is not considered a vote.
(b)) even if a simple majority has been reached, any member of the Coordination
the Committee immediately after the vote, request that the votes have been tallied in this
in a special way: prepare two separate lists, which shall
the names of the Member States of the Executive Committee of the Paris Union and of the names of the Member
States of the Executive Committee of the Berne Union; each State will be indicated on the
his name in each list, where this name is mentioned. If this
Special Census that a simple majority was not reached in either of these
lists, is not considered a relevant proposal adopted.
7. each Member State of the organisation, which is not a member of the coordinating
the Committee may be represented at meetings of this Committee for its
the observers, who have the right to participate in the negotiations, but without the right
vote.
8. the Coordination Committee shall act on its rules of procedure.
Article 9
The International Bureau
1. The International Bureau is the Secretariat of the organization.
2. The International Bureau shall be governed by the General Director with two or more Deputy
the Director-General.
3. the Director General is appointed for a specified period, which shall not be
less than six years. May be appointed for a fixed period. The duration of the
the first, and of any other period, as well as all other terms and conditions
his appointment provides for the General Assembly.
4.
and the Director-General) is the highest officer of the organization.
(b)) shall represent the organization.
c) corresponds to the General Assembly and are subject to its instructions in indoor and
the external affairs of the organization.
5. the Director shall prepare the draft budget and program, as well as
periodic reports on activities. Submit them to the Governments concerned
States, as well as the competent authorities of the European Union and the organization.
6. The Director-General and officials take part in it, without
the right to vote, in all meetings of the General Assembly, the Conference,
The Coordination Committee, as well as all the other committees or working
groups. The Director-General or by the worker is from an official
duties of the Secretary of these bodies.
7. the Director General shall appoint the staff necessary for the good operation of the
The International Office. Vice Presidents shall be appointed by the Director General after approval by the
The Coordination Committee. Working conditions lays down the conditions of employment of that
the Coordination Committee approved the proposal of the Director General. On the need to
secure the services of qualified workers up to their
performance, expertise and integrity must be the paramount consideration when
selection and determination of their working conditions. The appropriate
attention needs to be paid to personnel selection was carried out by what
geographical basis.
8. the functions of the Director and staff of the International Office are
strictly international in nature. In the performance of its functions, may not require
or receive instructions from any Government or any institution standing outside the organization.
They must refrain from any action that could harm their
the status of international civil servants. Each Member State shall undertake to
to respect the exclusively international character of the functions of the Director General and
the International Office staff and not to seek to in the performance of these
features interact.
Article 10
The seat of the
1. the organization is Based in Geneva.
2. To transfer may be taken under the conditions referred to in article 6,
3), d) and (g)).
Article 11
Financial questions
1. the Organization has two separate budgets: the budget of expenses common to the unions
and budget of the Conference.
2.
Common expenditure) budget the Union contains a schedule of expenditure which
represent the interest of several unions.
(b))
This budget shall be financed from the following sources:
I), with the Union the amount of contributions the contribution of each Union shall lay down
The Assembly of the Union with regard to the extent to which are common costs
made in the interests of the Union;
II) fees and amounts for services rendered by the International Bureau, that
do not have a direct relationship to any of the Union or which are not levied for the
services provided by the International Bureau in the field of legal technical
assistance;
(iii)) return sale of publications of the International Bureau, that is not
directly some of the Union, and the fees for these publications;
IV) donations, subsidies provided by the Organization and links, with the exception of those
referred to in paragraph 3 (b)), (iv));
rent, interest in) and various other revenue of the organization.
3.
and the Conference schedule includes) the budget expenses for meetings of the Conference and
legal technical assistance for the program.
(b))
This budget shall be financed from the following sources:
I) contributions of States participating in this Convention that are not members of any
of the Union;
(ii) where appropriate, the amounts provided for) this budget unions with the fact that the amount of
the amounts available to the Union provides for the Assembly of the Union, and that no
the Union is not required to contribute to this budget;
III) amounts for services rendered by the International Bureau in the field of legal
technical assistance;
IV) gifts and subsidies provided by the references, the Organization for the purposes referred to under
(a). and).
4.
and)
In order to determine the amount of contribution to the budget of the Conference, each
become involved in this Convention which is not a member of any of the unions, included
to a certain class, and pay the annual contributions by the following set of
units:
Class And ... 10
Class B ... 3
Class C ... 1.
(b)), each of those States marks at the same time with the measure referred to in article 14, 1)
the class to which it wishes to be included. May change class. If they opt for the
the lower class, the State must announce it to the ordinary session of the Conference. Such
the change takes effect at the beginning of the calendar year following the
This session.
c) the annual contribution of each of these States make up the amount that is in the
such a proportion to the total amount of contributions of all these States to
the budget of the Conference, in which the number of units of the class to which the State is
included, the total number of units for all these States.
d) contributions shall be payable 1. January of each year.
e) if budget before the beginning of a new financial period, the
will be transferred to the budget of the previous year, and in the manner laid down by the
the financial regulations.
5. the State of this Convention which is not a member of any of the Union and the
which is in arrears in the payment of its contributions in accordance with the provisions of this
the article, as well as the State participating in the Convention, which is a member of some
of the Union, and which is in arrears in the payment of its contributions in respect of this
the Union cannot exercise its right to vote in any of the organs
The Organization, which is a member of, equal to or greater than the amount of its
arrears amount due contributions for the past two full years. You may
However, allow such a State to continue the exercise of voting rights
in the given authority for the period, after which it is, in the opinion of this authority, delay
due to the exceptional and unavoidable circumstances.
6. the amounts of the fees and amounts for services rendered by the International Bureau in
the area of legal technical assistance, provides for the Director-General, who
shall report to the Coordination Committee.
7. The organization may, with the approval of the Coordination Committee accepting donations
links and subsidies directly from Governments, public or private institutions,
associations or private persons.
8.
and the Organization has a revolving fund) created by a one-time payment to the Union and the
each State participating in the present Convention that is not a member of any of the
the Union. If this lack of Fund, decided on its increase.
(b)) of the amount of lump-sum payments of each Union and its possible participation in the
the increase shall be decided by the Assembly of the Union.
(c) the amount of the lump-sum payments each) of the State participating in the present Convention,
that is not a member of any of the Union and its participation in the increase are proportional to
the contribution of that State for the current year in which the Fund is established or
decide on the increase. The proportional amount and method of payment provides for
The Conference on the proposal of the Director General and after consultation of the coordination
of the Committee.
9.
and) by a headquarters agreement concluded with the State on whose territory the Organization has
its head office, provided that this State provides backup, is not sufficient to
the operational fund. The amount of these advances and the conditions on which they are providing,
in each case are the subject of separate agreements between the
such State and the organization. For their commitment to provide the advance has
This State is ex officio seat in the Coordination Committee.
(b) the State referred to below) as (c). and) and the Organization shall have the right, by written
notice to terminate the commitment to providing backup. Termination shall take effect
three years after the year in which it was notified.
10. the audit carried out in the manner prescribed by the financial regulations, one or
more Member States, or by external auditors, which establishes their
the approval of the General Assembly.
Article 12
Legal capacity; privileges and immunities
1. the Organization has in the territory of each Member State in accordance with its
the laws of the legal powers required in order to achieve its objectives and for the exercise of
of its functions.
2. the organization concluded a headquarters agreement with the Swiss Confederation and the
every other State where the registered office may be transferred in the future.
3. The organization may conclude bilateral or multilateral agreements with
the other Member States, in order to ensure yourself, your officials and
representatives of all Member States, advantages and immunities needed to
achieving their objectives and for the exercise of its functions.
4. the Director General may negotiate and, after approval by the coordination
the Committee concluded and signed on behalf of the Organization the agreements referred to in paragraph
2) and (3)).
Article 13
Relationships to other organizations
1. the organization creates, where it considers it appropriate, working relationships to
other intergovernmental organizations and cooperate with them. Each such
General Agreement with these organizations concluded the Director-General after
the approval of the Coordination Committee.
2. in matters within its competence, the organization can do
appropriate arrangements for consultations and cooperation with international non-governmental
organizations and interested Governments, subject to the approval and with
national organizations, governmental or non-governmental. These measures shall be
the Director-General after approval by the Coordination Committee.
Article 14
The way in which States can become parties to the Convention
1. the States referred to in article 5 may become parties to this Convention and the members of the
Organization
I) signature without reservation as to ratification, or
II) signature subject to ratification followed by the deposit
instruments of ratification or
III) the deposit of instruments of accession.
2. Notwithstanding any other provision of this Convention, a State which is
party to the Paris Convention, the Berne Convention, or both conventions, are
may become party to this Convention only to current or previous
ratification of or access
either the Stockholm text of the Paris Convention in its whole
or with the restrictions referred to in article 20, 1) (b)), and this text)
or Stockholm text of the Berne Convention in its whole
or with the restrictions referred to in article 28, 1), (b)) and this version.)
3. the instrument of ratification or instrument of accession shall be deposited with
the Director-General.
Article 15
The entry into force of the Convention
1. this Convention shall enter into force three months after ten Member
States of the Paris Union and seven Member States of the Berne Union has made
the measures referred to in article 14, +), while a State that is a member of both unions,
It is counted in both groups. To this date, this Convention shall enter into force on
also for States that are not members of any of the two unions, and which of the three
months or longer before that date to amend the measures under article 14, 1).
Article 16
Reservations
Reservations to this Convention are permitted.
Article 17
Changes
1. Amendments to this Convention may propose to each Member State, coordination
the Committee or the Director General. Proposals for amendments shall be communicated by the Director
the Member States at least six months prior to their presentation to the Conference
to discuss.
2. changes to the approved Conference. In the case of changes that could affect
the rights and obligations of the States participating in this Convention that are not members of the
None of the Union, these States will participate in the vote. On all other
the amendments voted for by just States participating in this Convention that are
at least one of the members of the Union. Changes shall be approved by a simple majority
of the votes cast, with the Conference shall vote only on the amendments already
previously approved by the Assembly of the Paris Union and the Assembly of the Berne
the Union according to the rules used for changes to the administrative provisions of their
the relevant conventions.
3. an amendment shall enter into force one month after the Director-General has received the
written notifications of acceptance, effected in the prescribed constitutional
the procedure of three-quarters of the States which were members of the Organization, and have the right to
vote on the amendment proposed under the provisions of paragraph 2) at the time when the
This change was approved by the Conference. Thus adopted the change committed to
all States which are members of the Organization at the time when the change
entered into force or which become members at a later time; change
increasing the financial obligations of the Member States, however, agrees to only those
which have notified their acceptance of the changes.
Article 18
Notice of termination
1. Any Member State may denounce this Convention notification
the Director-General.
2. Denunciation shall take effect six months after the Director-General
has received the notification.
Article 19
Notification
The Director-General shall notify the Governments of the Member countries:
I) the date of entry into force of the Convention;
II) signatures and deposits of instruments or access;
(iii) the adoption of the amendments to this Convention), and the day on which these amendments shall enter
force;
IV) denunciations of this Convention.
Article 20
Final provisions
1.
and) this Convention is signed in a single copy in the English,
French, Russian and Spanish languages, the versions in all these languages
being equally authentic; It is stored in the Swedish Government.
(b)) this Convention shall remain open for signature at Stockholm until January 13.
January 1968.
2. the Director General takes after consultation with the interested Governments
official texts in German, Italian and Portuguese languages, and in other
languages of the Conference to determine.
3. the Director General shall transmit two certified copies of this Convention and any of its
the changes approved by the Conference to the Governments of the Member States of the Paris and Berne
the Union, the Governments of all the other States which accedes to this Convention, and
the Government of any other State which so requests. Copies of the signed text of the
The Convention, transmitted to Governments, validates the Swedish Government.
4. The Director-General can register this Convention with the Secretariat of
Of the United Nations.
Article 21
Transitional provisions
1. Until the first Director General assumes office, references
This Convention to the International Bureau or to the Director General shall be deemed to
references to the United International bureaus for the protection of industrial,
literary and artistic property also called the United International [
the authorities for the protection of intellectual property (BIRPI) or its Director.]
2.
a) States which are members of any of the unions but which have not yet become
Parties to this Convention, may, if they so wish, for a period of five years from the
its entry into force to exercise the same rights as if they were its
participants. State which wishes to exercise those rights, be deposited with the
the Director-General of the relevant written notice, which shall take the effectiveness
dojitím. These States until the expiry of that period be deemed to
members of the General Assembly and the Conference.
(b)) after the expiry of five years they lose those States to vote in the General
the Assembly, the Conference, and the Coordination Committee.
c) once these States become parties to this Convention, may again
exercise the voting right.
3.
and) until all the Member States of the Paris and Berne Union do not become
Parties to this Convention, the International Bureau and the Director-General also
the tasks incumbent to the United international authorities on protection of industrial,
literary and artistic property, and its Director.
b) workers who are referred to international offices in the United
the date of entry into force of this Convention, shall, during the transitional period referred to in
(a). and also for workers) to be the International Office.
4.
and) as soon as all the Member States of the Paris Union have become members of the
The Organization, the rights, obligations and assets of the Office of the Union for the
The International Bureau of the organization.
(b)) when all the Member States of the Berne Union have become members of the
The Organization, the rights, obligations and assets of the Office of the Union for the
The International Bureau of the organization.
In witness whereof the duly authorised representatives have signed this Convention.
Given in Stockholm on 14 June 2005. July 1967.
