The Treaty Between The Czechoslovak Socialist Republic And The Gdr, On The Legal Protection Of Inventions, Designs, Trademarks

Original Language Title: o Smlouvě mezi ČSSR a NDR o právní ochraně vynálezů, vzorů, známek

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=32071&nr=13~2F1972~20Sb.&ft=txt

13/1972 Sb.



DECREE



Minister of Foreign Affairs



of 11 December 1997. February 1972



the Agreement between the Government of the Czechoslovak Socialist Republic and the Government

The German Democratic Republic on the legal protection of inventions, industrial

designs and trademarks at the economic and scientific and technological cooperation



On 14 June 2005. October 1971 in Berlin was signed between the Government of

The Czechoslovak Socialist Republic and the Government of the German Democratic

Republic on the legal protection of inventions, industrial designs and trade

signs of the economic and scientific and technological cooperation.



According to article 19 of the Agreement entered into force on 14. October 1971.



The Czech version of the Treaty shall be designated at the same time.



Minister:



Ing. Chňoupek v.r.



CONTRACT



between the Government of the Czechoslovak Socialist Republic and the Government of the German

Democratic Republic on the legal protection of inventions, industrial designs and

trade marks at the economic and scientific and technological cooperation



The Government of the Czechoslovak Socialist Republic and the Government of the German

Democratic Republic, desiring to further promote the development of economic

and scientific and technological cooperation between the Czechoslovak Socialist

Republic and the German Democratic Republic by editing questions

industrial-legal protection with this United cooperation, agree

enter into this agreement.



To this end, have designated as their agents:



the Government of the Czechoslovak Socialist Republic



Ing. Miroslav Belohlavek,



the Government of the German Democratic Republic



Dr. Joachim Hemmerlinga,



who, vyměnivše Attorney, that's found in good order and

the prescribed form, have agreed as follows:



The subject of the contract



Article 1



(1) subject to this agreement are the issues of legal protection of inventions,

industrial designs and trademarks, as well as the issues of patents, United

to cooperate in research, design and construction work

cooperation and specialization of production and the transmission of the results of research,

construction and design work.



(2) the Organization both of the Contracting States may, in individual cases,

agree that the provisions of article. 2, 6, 8 and 9 of this Agreement shall apply to the

inventions, designs and trademarks that are created by other

forms of cooperation between the Contracting States than is provided in paragraph 1.



Cooperation in the research, design and construction work



Article 2



(1) the Contracting States shall adjust in the agreements on cooperation in the field of

research, design and construction work of all required questions

legal protection of inventions, industrial designs and trademarks, as well as

I have to question patents.



(2) subject to the agreements referred to in paragraph 1 shall, in particular, measures to ensure the

legal protection of the results of the cooperation, as well as the management of safety

rights of the cooperating parties and third parties of the date of conclusion of the

cooperation agreements.



Article 3



(1) the rights in inventions and industrial designs include:



and the right to exploit the invention and) of the industrial design in the territory of the country;



(b)) the right to lodge the invention and design for protection to third countries;



(c)), the right to export products manufactured with the use of the invention and industrial

model;



(d)) the right to pass the invention and design to third countries.



(2) the exercise of the rights referred to in paragraph 1 shall be governed by the agreements of the cooperating

organizations. Each of these organizations while the legislation respects the

their State and takes into account the valid contracts between the Czechoslovak

Socialist Republic and the German Democratic Republic on the rights

to use the results of the cooperation.



Article 4



The Contracting States shall recognize the authorship, as well as other personal rights

inventions, created in cooperation in the field of research, design

and design work.



Article 5



The Contracting States shall take care to ensure that their citizens, who creates under the

cooperation in the field of research, design and construction work

inventions or designs, it shall immediately inform the organization about it

responsible for ensuring the legal protection.



Article 6



(1) inventions, designs and trademarks that arise when

implementation of cooperation agreements in the field of research, design and planning,

It is necessary to immediately sign up for protection.



(2) already in the agreements with, if possible, who acts as the legal

body when logging rights, and granted trade

rights, to which countries will be given of the application that your organization is

responsible for the submission of applications for legal protection and how do I

the financing of measures, necessary for the acquisition and maintenance of rights.



(3) the first application is usually submitted to the State Bureau of inventors activities

on whose territory the invention, design or trademark.

The application shall also immediately lodged by the Office for inventors activities other

Contracting State.



(4) when submitting patent applications with the Office for inventors activities other

Contracting State requesting the issuance of such protection a document that

giving the State the right to use, if the subject of the patent application

originated in the implementation of agreements for cooperation in the research, design and

projection and the States shall have the right to use the result of the cooperation.



(5) Organization of the Contracting States the invention so long, concealing until

measures taken to ensure its legal protection in both countries, as well as

in third countries.



(6) where, for the products arising as a result of the cooperation,

uniform designation, it should be about how the designation, as well as on the conditions

using it agree.



Article 7



When you control for achieving and maintaining the legal protection of inventions, industrial

designs and trademark offices for the Czechoslovakian inventors activities

Socialist Republic and the German Democratic Republic, there is no need for

legal entities and citizens of the Contracting States represented domestic

representative.



Article 8



(1) if the use of protected inventions that were created when the

the realization of agreements on cooperation in the research, design and

construction work shall be paid the remuneration that uses původcovskou

the organization. The amount of remuneration and the manner of its payment shall be adjusted in the agreements

cooperating organizations of the Contracting States in accordance with the separate directives on the

the remuneration of the inventions that were created in the cooperation in the field of research,

design and construction work; These directives shall be issued, in mutual

inventors activities authorities agreement of both Contracting States.



(2) if the cooperating organizations the amount and method of payment

původcovské remuneration in the agreement does not adjust in accordance with paragraph 1, the

using the Organization's reward for the use of the invention in accordance with the provisions of the

its national legislation and indicate the Organization her second

Contracting State.



Article 9



(1) if the proceeds of license agreements or from another application

the invention of the in third countries, are divided in proportion to the share of proceeds

cooperating organizations in the financing of the work or by a special

the arrangement.



(2) in the case referred to in paragraph 1, the amount of remuneration lays down původcovské

percentage according to the Decree before his Division. The cooperating

the organization funded the reward in proportion to its share of the income and

They point out that reward cooperating organizations of the other Contracting

the State of which a citizen of the inventor is.



Cooperation and specialization of production



Article 10



(1) the Contracting Parties shall include in agreements on cooperation and

specialization of production arrangements necessary for the protection of inventions, industrial

the designs and trade marks.



(2) the Agreement referred to in paragraph 1 shall lay down in particular all questions

refer to the existence of rights of legal and physical entities of the Contracting States and the

third countries, as well as the rights which arise after the conclusion of such

the arrangement.



(3) If, in the context of cooperation and specialization of production

assumes a uniform labelling of products, it should be about how the designation,

as well as on the conditions for its use.



(4) when the use of inventions, which are organizations prior to the transfer of the second

of a Contracting State in the context of cooperation and specialization of production in

implementing the State legally protected, shall pay remuneration to the Organization of the State

which uses them. In other provisions of the article shall apply mutatis mutandis. 8.

If handover of the protected invention against the payment of the sales price

or license fee, then the payment of remuneration by the původcovské

using organization.



Transmission of the results of research, design and construction work



Article 11



(1) in relation to the transfer of the results of the research, design and

design work which occurs outside of the agreed implementation of research,

design and construction of the works, as well as outside the cooperation and

specialization of production, the competent organizations of the States parties to the

the basis of the provisions on the use of the research results have to be passed by the

agreement on legal protection, for example. licensing agreements, arrangements

the transfer of rights, the provision of free spoluužívacího law.



(2) if in connection with the passing of the results of research, design

and design work to pass the invention protected in transposing the

the State pays the acquiring organization původcovskou reward. For the amount and


way of payment of the remuneration shall apply mutatis mutandis the provisions of article. 8. If there is a

pass the invention against the payment of the sales price or the license

the fee, the payment of remuneration on the part of the receiving původcovské organization

are not applicable.



(3) if the inventions of one Contracting State, which are on the second

Contracting State legally protected, for use in the other Contracting

State unless there was a pass, and using a Contracting State according to the nature of the

legal protection of the right to use, then the původcovskou reward is paid

using the Organization of this Contracting State.



Mutual support



Article 12



Organization of the Contracting States shall on the basis of mutual arrangements

support in the implementation of all the measures concerning cooperation in

the field of inventions, patents, designs and trade marks.



Accounting method



Article 13



(1) compensation Settlement, which is in the use of inventions in one State

be paid to the other State, shall take place between the Czechoslovak

Socialist Republic and the German Democratic Republic in accordance

with the Treaty of 8. February 1963 on clearing non-trade payments. The amounts are

transferred.



(2) the amounts referred to in paragraph 1 shall be paid to the relevant organisation

of the Contracting States.



(3) the remuneration shall be paid to the originator through the organisation of a State whose

is a citizen.



Article 14



If the grant of exploitation rights to inventions and designs,

where the rights of the two States, the organizations of third States,

point out the shares on accruals and the amount determined for the původcovskou Prize

between the Czechoslovak Socialist Republic and the German Democratic

Republic in the currency in which the proceeds arose.



Final provisions



Article 15



(1) the Contracting Parties shall take all necessary measures for the proper implementation of the

of this agreement.



(2) the authorities of the Contracting States for inventors activities adjusted their cooperation in

the implementation of this agreement, in a special agreement.



Article 16



Cooperation in the field of secret inventions shall adjust the appropriate authorities of the

States in a special agreement.



Article 17



(1) to discuss issues that can occur during the implementation of this

of the Treaty, Contracting Parties shall set up a joint Commission.



(2) the Commission referred to in paragraph 1 has three representatives of the competent

the authorities of the Contracting Parties and those authorities to be compiled on the basis of parity.

The head of the Commission, the two delegations representing Contracting Parties are

appointed by the competent authorities of the Contracting Parties not later than two months

After entry into force of this agreement.



(3) the Commission shall meet at the written request of one of the leading

delegations in the Commission.



Article 18



Changes and supplements to this Agreement shall be agreed between the Contracting Parties

in writing.



Article 19



(1) this Treaty shall enter into force on the date of signature.



(2) the period of validity of the contract shall be five years from the date of entry into force and

automatically extended for one year, unless one of the Contracting

the parties to this agreement at least six months before the expiry of the period of its

the validity of the Contracting Parties denounces it in writing.



(3) unless otherwise agreed, the provisions of this agreement further, up to the

the fulfilment of the obligations incurred by States parties in the Organization

and before the expiry of its validity.



Drawn up and signed in Berlin, Germany 14. October 1971 in two copies,

always in Czech and German languages, both texts being equally

force.



For the Government of the Czechoslovak Socialist Republic:



Ing. M. Belohlavek v.r.



For the Government of the German Democratic Republic:



Dr. j. Hemmerling v.r.