About The Nicské Agreement On The Classification Of Goods And Services For The Purposes Of The Registration Of Marks

Original Language Title: o Nicské dohodě o třídění výrobků a služeb na účely zápisu známek

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=32962&nr=66~2F1975~20Sb.&ft=txt

66/1975 Coll.



DECREE



Minister of Foreign Affairs



of 13 October. January 1975



about the Nicské 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



Change: 118/1979 Sb.



Change: 77/1985 Coll.



On 14 June 2005. July 1967 in Stockholm was arranged new revision Nicské

the agreement on the international classification of goods and services for the purposes of the registration of marks

of 15 November 2004. June 1957.



President of the Republic of Nicskou the agreement on the international classification of goods and

services for the purposes of the registration of marks of 15 June. June 1957, as amended by

agreed in Stockholm on 14 June 2005. July 1967, ratified and the instrument of

access CSSR was deposited with the Director General of the world organisation

intellectual property rights on 22 November. September 1970.



Agreement entered into force, pursuant to article 9, 4. on 12 March 2005.

November 1969. 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.



Nicská agreement



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

June 15, 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, Niczké

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 English and French languages, both

texts being equally authentic.



5.



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

referred to in paragraph 3 (II), which will take affect before 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

Secretary 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 the international

sorting what he admits to each contracting country. In particular the

international classification does not oblige the Contracting States, 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 contracting country reserves the right to use the international classification

products and services as either principal or auxiliary system.



3. the authorities of the contracting countries, indicating the names and official publications of the

registrations of marks the numbers of the classes of the international classification to which they belong

the goods or services for which the mark is written.



4. the fact that in the alphabetical list of goods and services is indicated the

the name does not affect the rights which 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 except in special

cases, the essential modifications in the classification shall be carried out after the specified

time periods; 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.

All other amendments shall enter into force on the date to be determined by the Committee of experts

While the decision to 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 countries that

ratify this text or acceded to.




(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) subject to the provisions of articles 3 and 4 of the 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) to the International Bureau) gives the guidelines for the preparation of the review conferences,

and taking into account comments from member countries of the Special Union which

ratify this text or have acceded to it;



(III)) shall consider 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 all the helpful guidance in matters of competence of the Special Union;



IV) establishes a program approved biennial budget of the Special Union and

approve its final accounts;



In the financial regulations of the special) approve of the Union;



VI) sets up an outside Committee of experts referred to in article 3 of the other committees of experts

and working groups as it deems useful for the achievement of the objectives

The Special Union;



VII) decides which countries that are not members of the Special Union and which

intergovernmental and international non-governmental organizations may be admitted to

its meetings as observers;



VIII) approve the amendments to articles 5 to 8;



IX) makes for more 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) 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; However,

decision of the Assembly, with the exception of decisions on the rules of procedure,

become enforceable only after the fulfilment of the following conditions.

The International Bureau shall notify the Member States of the Assembly of the said decisions,

which were not represented and shall invite them to in writing within three months

calculated from the date of this communication to express their voice or abstenci.

If, after the expiry of this period is the number of States that have expressed

your voice or abstenci, at least equal to the number of countries missing the

achieving a quorum at the meeting, the decision shall become enforceable in

provided that at the same time the majority required is reached.



(d)) with the exception of the provisions of article 8 (2). 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 country and can only vote her

on behalf of the.



g) member countries 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 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 one quarter of the countries in the Assembly.



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



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 of all other committees of experts and

working groups, which may establish the Assembly or the Committee of experts.



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

it.



2. The Director-General, and each Member of the staff designated by him shall attend without

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

other committees of experts and working groups, which may set up

The Assembly or the Committee of experts. The Director General or a staff member

It is specified by the 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 contained in 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 will attend without voting

rights negotiations on these 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 the expenditure of the common to the unions shall be considered as expenditure which is not credited

exclusively to the Special Union but are also credited to one or more further

unions managed organizations. The proportion of the Special Union in such common

expenditure is proportionate to the interest which the Union has a special on them.



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:



And contributions from the Member countries) Special Union;



(II)) of 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 rent, interest) and other miscellaneous revenue.



4.



and to be determined) the allowances referred to in paragraph 3., I), include any

country of the Special Union in the same class, which is included in the Paris Union for the

protection of industrial property, and pay their annual contributions by

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



(b) the annual contribution of each country) the Special Union shall consist of the amounts which

relation to the total amount of the annual contributions to the budget of all countries

The Special Union is the same as the relationship between the number of units of the class to which

is included, the total number of units for all countries.



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



d) a country 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 this country in two

the previous full years, or if it exceeds it. Each institution of the Special

the Union may, however, allow such a country to continue to be in the body

It exercised its right to vote if this authority considers that the delay

occurred in exceptional 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 member country of the Special Union.

If the Fund becomes insufficient, the Assembly shall decide to increase it.



(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 the particular country

valid in the year during which the Fund creates or takes a decision on

its increase.



(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 country on its territory has

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.



(b) the country referred to in (a)), and) and the organisation they have every 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 of the Member countries of the Special Union or by external

the tram system, which designates an Assembly with their consent.



Article 8



Modification of articles 5-8



1. Proposals for the amendment of articles 5, 6, 7, and this article may refer to the

The Assembly of each member country or the Director-General. These proposals

announces the Director-General to 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) approves of the Assembly. Their

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

any changes to this paragraph, article 5 and require four-fifths of


of the votes cast.



3. amendments to the articles referred to in paragraph 1) shall enter into force one month after

what the Director receives a written notification of their acceptance, made in

accordance with the respective constitutional requirements, and that three-fourths of the countries

that are members of the Assembly at the time the change was approved. Each

amendment to the said articles thus accepted binds all countries that are

members of the Assembly at the time the amendment enters into force, or which are

become its members later; However, any change that results in

increase the financial obligations of member countries of the Special Union, binds only those

the country, which notifikovaly the adoption of such a country.



Article 9



Ratification and access; entry into force of



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

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



2. Any country which is not a member country of the Special Union, but is a member of

Paris Convention for the protection of industrial property may accede to the

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

the conditions below:



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 the provisions

subparagraph (b)), enter this text into force three months after the date when

the Director-General shall notify its ratification or access unless the

the ratification Charter or in the instrument of accession mentioned later

the date. In this case, enter this text into force for this State

the date referred to in the Charter.



5. Ratification or access automatically means acceptance of all the provisions of the

and the return of 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 has the same scope and duration as the Paris Convention for the

protection of industrial property.



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.



Article 15



launched



Article 16



launched