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.