The Strasbourg Agreement Concerning The International Patent Classification

Original Language Title: o Štrasburské dohodě o mezinárodním patentovém třídění

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=33919&nr=110~2F1978~20Sb.&ft=txt

110/1978 Sb.



The DECREE



Minister of Foreign Affairs



of 18 July 2003. August 1978



the Strasbourg Agreement concerning the international patent classification of March 24.

March 1971



Change: 86/1985 Coll.



24 September. March 1971 in Strasbourg was a negotiated agreement on Strasbourg's

the international patent classification. The instrument of accession of the Czechoslovak

Socialist Republic of the agreement was deposited with the Director-General

World Intellectual Property Organization December 28. July 1977.



Agreement entered into force pursuant to its article 13 on the day 7. October 1975 and

for the Czechoslovak Socialist Republic in accordance with its article 13

paragraph. 1. and) day 3. August 1978.



Czech translation of the text of the agreement shall be published at the same time.



Minister:



Ing. Chňoupek v.r.



STRASBOURG'S AGREEMENT



about the international patent classification of March 24. March 1971



The Contracting Parties,



considering that the adoption of a single worldwide system of grading

patents, copyright certificates for invention, utility models and

useful is in the general interest and for the benefit of enhanced international

cooperation and contribute to the harmonization of legal systems in the field of

industrial property,



Recognizing the importance of the European Convention on the international classification of patents on

the invention of the 19th century. in December 1954, on the basis of which the European Council has set up the

the international classification of patents for invention,



due to the international value of the grading and importance for the

all Member States of the Paris Convention for the protection of industrial

ownership,



aware of the importance of this classification for developing countries, allowing

them access to the ever expanding modern technology,



According to article 19 of the Paris Convention for the protection of industrial property of the

March 20, 1883, revised at Brussels on 14 November. in December 1900, in

Washington, 2 April. in June 1911, at the Hague on 6. in November 1925,

London day 2. in June 1934, in Lisbon on 31 December 2004. October 1958 and in

Stockholm, 14 December. July 1967



agree on the following:



Article 1



The establishment of a special Union-adoption of the international classification



Countries to which this agreement applies, the creation of a specific Union and

adopt a common classification, called the "international patent classification"

(marked "sort") for patents on inventions, copyright

certificates for inventions, utility models and useful.



Article 2



Sorting definition



1.



and Sorting) consists of:



even) from text generated in connection with the provisions of the European Convention on

the international classification of patents for invention of the 19th century. December 1954 (

"The European Convention"), which entered into force and was published

the Secretary-General of the European Council on 1 May. September 1968;



(ii)) of the changes, which entered into force in accordance with article 2.2 of the European

the Convention before the entry into force of this agreement;



(iii)) of the other amendments made in accordance with article 5, which shall enter into

force in accordance with article 6.



(b)) instructions for use and the notes contained in the text of the classification are the

an integral part of it.



2.



and Text) referred to in paragraph 1. and) i) is in the English language, and

the French, in two authentic copies. As soon as this

the agreement opened for signature, a copy will be saved with the

the Secretary-General of the European Council, the other for the Director-General of the world

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

"The Organization") established by the Convention on 14 July. July 1967.



(b)) the changes referred to in paragraph 1. and (ii))) are in the English language, and

French, stored in two authentic copies, one for

the Secretary-General of the European Council, the other with the Director General.



(c)) the changes referred to in paragraph 1. and (iii))) are in one of the authentic

copy in the English and French language, deposited with the

the Director.



Article 3



Languages of the classification



1. classification is drawn up in the English and French languages, both texts

have the same force.



2. The International Bureau of World Intellectual Property Organization (hereinafter referred to

"The International Bureau") shall establish, after consultation with the interested Governments, either on the

the basis of the translation proposed by these Governments, or with the use of other

options not financially burden the budget of the Special Union or

The Organization, the official lyrics in German language sorting, Spanish,

Japanese, Portuguese, Russian. in other languages, which may

specify the Assembly referred to in article 7.



Article 4



The use of the classification



1. Sorting has only administrative in nature.



2. Each country of the Special Union shall have the option to use as a sorting system

the main or auxiliary.



3. the competent authorities of the countries of the Special Union shall indicate:



I) into their issued patents, copyright certificates on inventions, utility models

designs and useful, as well as to requests for these documents by

posted or transmitted to the only available for inspection by the public,



(ii)) to the communication of official journals, which announces the publication of

or transfer of documents referred to in subparagraph i) available

to the public,



the complete symbols of the classification designated by the invention that is the subject of

the document referred to in subparagraph (i)).



4. When signing this agreement or of the deposit of the instruments of approval or

access:



and the country may declare) that reserve not symbols or groups

sorting into subgroups of applications referred to in paragraph 3) and passed by only

for the inspection of the public, and to communication about them;



(ii)), all countries that have not performed a survey of the novelty of the inventions, whether

immediate or deferred, and the procedure for the granting of patents or

other evidence of protection does not require a survey of the State of the art, may

declare that the reserve not group and subgroup classification symbols

the documents and information referred to in paragraph 3). If these countries meet

conditions only for a certain category of documents on protection or for certain

field of technology, they can use the reservations only in this range.



5. Classification Symbols presented the note "international patent classification"

or the abbreviation is the designated Committee of experts, which dealt with article 5,

they are printed in bold type or other conspicuous manner in

the header of each document, which by them within the meaning of paragraph 3. I) has to be

marked.



6. Entrusts the country of the Special Union, the international authority of granting patents

of its powers shall take all measures to ensure that this body used

classification in accordance with this article.



Article 5



The Committee of experts



1. the Committee of experts is hereby established in which each member country is represented

The Special Union.



2.



and the Director General shall invite intergovernmental) organization specialized in

the area of patents, of which at least one Member State is a member of this

the agreement, to be represented by observers at the meetings of the Committee

experts.



(b)), the Director General may, and, on the request of the Committee of experts has an obligation,

invite representatives of other intergovernmental and international non-governmental

organizations, to attend the hearing, which is interested in.



3. the Committee of experts:



I) makes changes to grading;



II) member countries of the Special Union shall submit recommendations to the

to facilitate use of the classification and its extension to the single;



III) contributes to the expansion of international cooperation in přetřiďování

documentation used to survey the inventions, especially taking into account the

needs of developing countries;



IV) makes all other measures to help developing countries use

sort and clean no financial budget of the Special Union or

The Organization;



in) is hereby authorized to establish subcommittees and working groups.



4. the Committee of experts shall adopt its own rules of procedure. According to the rules of procedure

have an intergovernmental organization referred to in paragraph 2. and) that can greatly

to contribute to the development of the classification, the possibility to participate in the meetings of the sub-committees and

working groups of experts.



5. proposals for amendments to the classification may be made by the competent authority

any country of the Special Union, the International Office, the intergovernmental

organisations represented in the Committee of experts pursuant to paragraph 2. and) and

other organisations to draw up a pre-qualified to these proposals, the Committee

experts. Proposals shall be communicated to the International Bureau, which shall be forwarded to the members of

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

the meeting at which they will discuss.



6.



and) each member country has one vote in the Committee of experts.



(b)), the Committee of experts shall act by a simple majority of the represented and voting

countries.



(c)) every decision of the fifth, which, in the opinion of the represented and

voting countries change the basic structure of the classification or request

extraordinary work in přetřiďování, approved the three-fourths majority

the countries represented and voting.



(d)) Abstence is not considered a vote.



Article 6



Notification, entry into force and publication of amendments and other decisions



1. The International Bureau notifies the competent authorities of the countries of the Special Union

all decisions of the Committee of experts regarding changes to grading and shall inform the

the recommendations of this Committee is about. Amendments shall enter into force six months

from the date of sending the notification.



2. The International Bureau should be incorporated into the classification changes that have entered into

force. Notification of changes will be published in the magazines, which specifies

the Assembly referred to in article 7.



Article 7
Assembly of the Special Union



1.



and the Special Union shall have an Assembly) consisting of the Member countries of the Special

the Union.



(b) the Government of each country of the special), the Union is represented by one delegate; the

You may have your representative, advisers and experts.



(c)) any intergovernmental organization referred to in article 5.2.) and can be

represented by its observer at sessions of the Assembly, and in the case of

his decision, in the meetings of the Committee and the working groups established by the

by the Assembly.



(d) the expenses of each delegation shall be borne by) Government that the appointed delegation.



2.



and) subject to provisions of article 5 of the Assembly:



I) dealt with all issues relating to the operation 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 Conference;



III) revise and approve the reports and activities of the Director General

concerning the Special Union, and gives him all the necessary instructions on issues

falling within the competence of the Special Union;



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

approve its final accounts;



in approving the Special financial regulations);



vi) decide on the development of the official texts of the classification in other

languages other than English and French, and other languages

listed in article 3.2;



VII) determined by the committees and working groups as it deems useful for the

the implementation of the objectives of the Special Union;



VIII) Decides, subject to subparagraph 1 c) that countries that are not

members of the Special Union and which intergovernmental and international non-governmental

Organization the organization may be admitted as observers to its

meetings and to meetings of committees and working groups established by it;



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 constitute a quorum.



(c)) if it is not reached, the quorum, the Assembly may make decisions,

However, such a decision of the Assembly, with the exception of decisions on the rules of procedure

the order will become enforceable only after the fulfilment of the following

terms and conditions. The International Bureau shall notify such decisions to member countries

the Assembly which were not represented and shall invite them to in writing within the time limit

three months calculated from the date of this notification, express their voice or

abstenci. If after the expiry of this period, the number of States that

express their voice or abstenci, at least equal to the number of countries

missing to achieve the quorum at a meeting, the decision to become

enforceable provided that is achieved at the same time required

most.



(d)) with the exception of the provisions of article 11.2 of the Assembly accepts the decision of the

a two-thirds majority of the votes cast.



(e)) Abstence is not considered a vote.



(f) a delegate may represent the only) one country and can only vote

on behalf of this country.



4.



and) the Assembly shall meet in ordinary session convened by the

the Director once in two years, 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 in extraordinary session on the basis of an invitation

rozeslaného Director General, at the request of one-fourth of the Member

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 8



The International Office



1.



) Administrative tasks of the Special Union by the International Bureau ensures.



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

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

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



(c) the Director-General) is the highest administrative official of the Special

Union and shall represent it.



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

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

other committees or working groups, which may set up Assembly

or the Committee of experts. The Director General or a staff member designated by him is

ex officio Secretary of these bodies.



3. and) the International Office is preparing the Assembly instructions

the Conference.



(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 will attend the persons designated by it without voting

rights negotiations on these conferences.



4. The International Bureau shall carry out any other duties that are imposed on him.



Article 9



Finance



1.



and the Union has its) 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 are treated as expenses common to the unions, which cannot be attributed to the

exclusively to the Special Union but which also can be attributed to one or several

the other unions administered by the organization. The proportion of the Special Union for the

common expenditure is proportionate to the interest, that it has on them of 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)) of the fees and charges for services rendered by the International Bureau of the

the title of the Special Union;



(iii) the proceeds of the sale of publications) from the International Bureau related to

Special Union and of rights relating to these publications;



IV) from donations, bequests and subsidies;



in rent, interest) and other miscellaneous income.



4.



and) for the determination of contributions referred to in paragraph 3.), each country of the

The Special Union classified in the same class, belongs to in the Paris Union for the

protection of industrial property and pay their annual contributions on the basis of the

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



(b)) the annual contribution of each country of the Special Union make up the amount, the ratio of the

the total amount of the annual contributions to the budget of all the countries of the Special Union

is the same as the ratio of the number of units of the class to which a country is included, to

the total number of units in all countries.



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



(d)) of the country, which prodlela with the payment of their financial contributions, does not

the right to vote in any organ of the Special Union if the amount of

arrears equals or exceeds the amount of the contributions to this country has

to pay for the previous two full years. Authorities of the Special Union may, however,

allow such a country to continue to be exercised their right to vote

After a period of time, if the delay on the basis of the emergency and

unavoidable circumstances.



e) in the event that the budget is not adopted before the beginning of the new

the financial period, the budget shall be used from last year, and it follows

laid down in the financial regulations.



5. The amount of the levies and charges for services rendered by the International Bureau of the

the title of the Special Union shall appoint the Director-General and shall inform about them

the Assembly.



6.



and the Union has parts) the capital fund that creates a

a single payment granted to each member country of the Special Union.

If the Fund becomes insufficient, the Assembly shall decide on the increase.



(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 country to a valid

in the year, during which the Fund is established or the decision is made on the

its increase.



(c) the amount and payment method) specifies the Assembly on the proposal of the Director General

and taking into account the observations of the Coordination Committee of the organization.



7.



and the headquarters of the organisation) the contract concluded with the country on whose territory the

The organisation has its head office, provides that this country provides backup in

where is the capital fund inadequate. historical performance The amount of the

These advances and the conditions under which they are provided, are subject to

separate agreements, in each case, between such country

and Organisations.



(b)) the country referred to in subparagraph a) and the Organization each have the right to

denounce the obligation to grant advances, by written notification.

Notice of termination will become effective three years after the expiry of the year in which the

announced.



8. Revision of the accounts as laid down by the financial regulations, provides one or

more Member countries of the Special Union or by external auditors, who are

their consent provisions by the Assembly.



Article 10



The revision of the agreement



1. This agreement may be revised from time to time at conferences of the countries

Special Union for the purpose.



2. The convening of a review Conference shall be decided by the Assembly.



3. articles 7, 8, 9 and 11 may change either in the review conferences,

or in accordance with the provisions of article 11.



Article 11



Amendment of certain provisions of the agreement
1. Proposals for amendments to article 7, 8 and 9 and in this article may be submitted

each of the Member countries of the Special Union or by the Director General. These

proposals of the Director-General announces member countries of the Special Union at least

six months before their consultation by the Assembly.



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

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

amendments to article 7 and this paragraph, however, require four-fifths of the cast

votes.



3.



and amendments to articles) referred to in paragraph 1 shall enter into force one month after

When the Director receives a written notification of their acceptance,

made in accordance with the respective constitutional requirements, and three-fourths

the countries that are members of the Special Union at the time the amendment was approved.



(b)) change these articles thus adopted binds all countries which are

members of the Special Union at the time the amendment enters into force; all

the changes, which increase the financial obligations of countries of the Special Union, however, undertake to

only those countries that their acceptance of the notifikovaly.



c) amendments adopted under subparagraph a) are mandatory for all countries,

which become members of the Special Union after these amendments shall enter by

subparagraph (a)) enters into force.



Article 12



The ways in which countries can become members of this agreement



1. each Member State of the Paris Convention for the protection of industrial

ownership can become a member of this agreement:



even the signature), followed by the deposit of the instrument of approval,

or



(ii)) by depositing an instrument of accession.



2. The instrument of approval and access shall be deposited with the Director General.



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

industrial property shall apply to this agreement.



4. Subparagraph 3) cannot be in any way construed as though

include the recognition or tacit acceptance by any of the countries made Special

the Union of the factual situation concerning the entire territory, to which this

the agreement applicable to different countries with regard to that paragraph.



Article 13



Entry into force of the agreement



1.



and) this Agreement shall enter into force one year after the deposit of the instruments of approval of the

or access:



I) two thirds of the countries which, at the time when this agreement is open to

signature, are members of the European Convention and the



(ii)) of the three member countries of the Paris Convention for the protection of industrial

ownership, but which are not members of the European Convention, of which at least

one has according to the latest statistics published by the International Bureau in

the time is stored approval or access more than 40

000 applications for patents for inventions or copyright certificates

a year.



(b)) for each different country than the country for which the agreement entered into

in accordance with subparagraph (a)), this Agreement shall enter into force one year after the

the date on which its approval or access was notified by the

the Director, if not in the instrument of approval of the instrument of accession or

referred to a later date. In this case, the agreement shall enter into force for

This country at a time like this.



(c)) of the European Convention, member countries which approve this agreement, or

shall have the opportunity to denounce this Convention with effect not later

the date on which this agreement enters into force for them.



2. the approval or access means full acceptance of all the provisions and

Returns all of the benefits of this agreement.



Article 14



The duration of the agreement



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

industrial property rights.



Article 15



Notice of termination



1. Each country of the Special Union may denounce this agreement by notifying the

addressed to the Director General.



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

the Director has received notice.



3. Right of termination contained in this article of the country apply until

expires five years from the date when became a member of the Special Union.



Article 16



Signature, languages, notification, depository functions



1.



and) this agreement is signed in a single original copy, in the English and

the French language, both texts are authentic.



(b)) this Agreement shall remain open for signature until 30 June in Strasbourg. September

1971.



(c) the original copy of this Agreement), then what will no longer be open to the

signature, shall be deposited with the Director General.



2. the Director General shall establish official texts, after consultation with the

the interested Governments, in German, Spanish, Japanese,

Portuguese, Russian and other languages, which can determine the

the Assembly.



3.



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

the agreement of the Governments of the countries that have signed it and, on request, to the Government of any of the

the other countries. Further validates and submits one copy to the Secretary-General

Of the European Council.



(b)), the Director shall verify and submits two copies of all amendments to this agreement

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

Further validates and submits one copy to the Secretary-General of the European Council.



(c) the Director-General submits to) the request of the Governments of the countries to which this agreement

signed or accedes thereto, a certified copy of the classification in

the language of the English or French.



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

Of the United Nations.



5.



The Director-General shall inform the Governments of all the Member countries of the Paris Convention

on the protection of industrial property and the General Secretary of the European

the Council on:



I) signatures;



(ii) the deposit of instruments of approval) and access;



III) date of the entry into force of this agreement;



IV) reservations relating to the application of grading;



in adopting the amendments to this Agreement);



vi) data, when these amendments come into force;



VII) statements.



Article 17



The provisions of the transitional



1. the Member States of the European Convention which are not yet members of the Special

the Union, they may, if they wish, to enjoy in the Committee of experts for a period of

two years after the date of entry into force of the agreement, the same rights as if the

they were members of the Special Union.



2. For a period of three years from the expiry of the period laid down in paragraph 1) will

the power of the country, referred to therein, be represented by observers at meetings of the

the Committee of experts, and in the case of his decision at the meetings of the sub-committees and

working groups established. At this time, may submit proposals

changes to the classification under article 5.5 and will receive notification of the decisions and

the recommendations of the Committee of experts referred to in article 6.1.



3. the Member States of the European Convention which are not yet members of the Special

the Union, they may arrange for five years from the date of entry into force of this

into force of the agreement, observers at the meetings of the Assembly, and in the cases

his decision, in meetings of the committees and working groups, it

set up.



On proof have signed the undersigned, mindful of the proper power of Attorney,

This agreement.



Signed in Strasbourg, 24. March 1971.