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.
