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About Locarno Agreement Establishing The Limit. Grading Average. Designs And Models

Original Language Title: o Locarnské dohodě o zřízení mez. třídění prům. vzorů a modelů

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28/1981 Coll.



DECREE



Minister of Foreign Affairs



of 20 December. January 1981



about Locarno Agreement establishing an international classification for industrial designs and

models, signed in Locarno on 8. October 1968



Change: 85/1985 Coll.



On 8 June 1998. October 1968 in Locarno was agreed upon Locarnská agreement establishing the

the international classification for industrial designs and models.



The instrument of approval of the Czechoslovak Socialist Republic was saved

the Director General of world intellectual property organization-

Depositary-4 March 2004. August 1970.



Agreement entered on the basis of article 9, paragraph 3, letter a)

force on 27 August. April 1971 and in this day of entered into force and also

for the Czechoslovak Socialist Republic.



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



Minister:



Ing. Chňoupek v.r.



LOCARNSKÁ AGREEMENT



establishing an international classification for industrial designs, signed

in Locarno 8. October 1968



Article 1



The formation of the Special Union; adoption of an international classification



1 States to which this agreement applies constitute a special Union.



2 for industrial designs and models, adopted these States the same sorting

("international classification").



3 international classification includes:



(I) a list of classes and subclasses;



(II) an alphabetical list of products which may be the subject of designs and models, with

an indication of the classes and subclasses into which they are inserted;



(III) of the explanatory notes.



4 a list of classes and subclasses of the list is attached as an annex to this agreement,

subject to changes and additions, which can make the Committee of experts,

created in accordance with article 3 (hereinafter the "Committee of experts").



5 alphabetical list of goods and the explanatory notes it accepts Committee of experts

on the basis of the procedure laid down in article 3.



6 international classification can change and supplement the Committee of experts within the framework of

the procedure laid down in article 3.



7



and the international classification is drawn up) in the language of English and

the French.



b) official texts of the international classification in other languages, which may

specify the Assembly referred to in article 5, captures, in consultation with

the participating Governments of the International Bureau of intellectual property (hereinafter referred to

"The International Bureau") referred to in the Convention establishing the world Organization

intellectual property rights (the "organization").



Article 2



Use and the legal reach of the international classification



1 subject to the obligations imposed by this agreement, the international classification only

administrative interest. Each State, however, he may admit such a legal significance,

what it deems to be appropriate. In particular, the international classification shall not oblige the States

The Special Union as to the mode and scope of protection of designs and models in these

States.



2 each of the countries of the Special Union reserves the right to use the

the international classification either as a principal or as a subsidiary

sorting.



3 countries of the Special Union, the authorities will indicate in the official documents of the

log-in or on the registration of designs and models, and if it is officially published,

Therefore, the numbers in these publicity classes and subclasses of the international

sorting, to which are added to products which are the subject of patterns

or models.



4 when paddock markings, to be included in the alphabetical list

products, the Committee of experts avoid the use of such indications, which may

exclusive rights exist, if it is possible.



The designations of the alphabetical list as, however, cannot be interpreted as a

expression of opinion of the Committee of experts as to whether such exclusive

rights exist or not.



Article 3



The Committee of experts



1 at the International Bureau, the Committee of experts is hereby established which shall be responsible for the tasks

referred to in article 1, paragraphs 4, 5 and 6. In the Committee of experts is represented by the

each country of the Special Union; The Committee shall be governed by the rules of procedure, to the adoption of

It should be a simple majority of the votes represented by the States.



2 Committee of experts accepts alphabetical list of goods and the explanatory notes

by a simple majority of the votes of the States of the Special Union.



3. Proposals for amendments or additions to the international classification may be made by

the Office of each country of the Special Union or by the International Bureau. Each proposal

presented by the Office shall be transmitted to the International Bureau. Proposals for the offices and

The International Bureau, the International Bureau shall send to the members of the Committee of experts

not later than two months before the meeting at which such proposals are to be

investigated.



4 of the decision of the Committee of experts on the amendments of the international classification

require a simple majority of the votes of the States of the Special Union. If, however, the

the establishment of a new class or about to move products from one class to another,

unanimity is required.



5 experts may vote in writing.



6 If a State not named for a meeting of the Committee of experts

your representative or if the appointed representative does not relinquish during the meetings or

within the time limit laid down by the rules of procedure your voice, it is understood that the competent

the State agrees with the resolution of the Committee.



Article 4



Notification and publication of the classification and its changes and additions



1 alphabetical list of goods and the explanatory notes, by the Committee of experts

received, as well as his decided amendments of the international classification,

International Bureau notifies authorities of countries of the Special Union. Decisions Of The Committee

experts shall enter into force upon receipt of the notification. However, if you experience

create a new class or to the transfer of goods from one class to another,

These changes shall enter into force six months after dispatch of the notice.



2 the International Bureau, as depositary of the international classification, in it

include changes and additions which have entered into force. Changes and additions are

published in magazines, to be determined by the Assembly.



Article 5



Assembly of the Special Union



1



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



(b) the Government of each State) the Special Union shall be represented by one delegate,

that can have its representatives, advisers and experts.



(c) the expenses of each delegation shall be borne by) Government that this delegation has sent.



2.



and) subject to the provisions of article 3 of the Assembly



I shall examine all questions relating to the maintenance and development of the Special Union,

as well as the application of this agreement;



(II) giving instructions for the preparation of the International Bureau of the Review Conference;



(III) review 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 the necessary instructions on matters falling within the competence of the Special

the Union;



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

approve its final accounts;



In approving the financial regulations of the Special Union;



(VI) approving the acquisition of official texts of the international classification in other

languages other than in English and French;



(VII) establishes, in addition to the Committee of experts referred to in article 3, the other committees

experts and working groups as it deems appropriate for the implementation of the

the objectives of the Special Union;



(VIII) determine which countries not members of the Special Union and

that international non-governmental organizations may be admitted as

observers to its meetings;



(IX) approving the modification of articles 5 to 8;



X is for more appropriate measures aimed at achieving the objectives of the Special Union;



(XI) shall carry out all other tasks arising from this agreement.



(b)) on issues of interest to other Union managed organizations

the Assembly shall decide, after hearing of the Coordination Committee of the organization.



3



and Assembly) each Member State has one vote.



(b)) half of Member States of the Assembly shall constitute a quorum (the lowest necessary

the number for the ability to pass resolutions).



(c)) if at a meeting of the number of States represented is less than half, but

When or if it exceeds one-third of the Member States of the Assembly,

the Assembly may make decisions, and that notwithstanding the provisions of

subparagraph (b)); decision of the Assembly, with the exception of decisions on the rules of procedure

the order, however, to become vykonavatelnými only after meeting the following

terms and conditions. The International Bureau shall notify this decision to Member States

The Assembly which were not represented and shall invite them to within three

months, which is calculated from the date of this notice, cast in writing

your voice or abstenci. If, after the expiry of this period is the number of

States that cast their vote or abstenci, equal to at least

the number of permanent missing to achieve the quorum in the session, this decision

they become vykonavatelnými, provided that at the same time is achieved

the majority required.



(d)) with the exception of the provisions of article 8, paragraph 2, the Assembly of the

decisions taken by a two thirds majority of the votes cast.



e) Abstence does not count as a vote.



f) a delegate may represent only one State and can only vote its

on behalf of the.



g) Member States 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 regular session convened

the Director General, with the exception of emergency cases, in the same

time and in the same place as the General Assembly of the organization.



(b)) the Assembly shall meet at an extraordinary session convened by the

the Director, at the request of one quarter of the Member States of the Assembly.




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



5 the Assembly adopts its rules of procedure.



Article 6



The International Bureau



1



and) administrative tasks of the Special Union by the International Bureau ensures.



(b) in particular, the International Bureau prepared) session of the Assembly and the Committee of the

experts and all other committees of experts or working groups that

may be established by the Assembly or the Committee of experts and ensures

the Secretariat of these authorities.



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

it.



2 the Director General and his collaborators are involved in determination without

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

the rest of the Committee or the working groups, which the Assembly or the Committee

experts can establish. The Director-General or by a co-worker

is 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 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 shall participate without voting

rights negotiations for the revision of conferences.



4, the International Bureau shall carry out any other tasks for which it was commissioned.



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) the expenditure For the common Union) shall be regarded as expenses that are not covered by

exclusively to the Special Union but also to apply to one or more

other Union managed organizations. The proportion of the Special Union for the

public expenditure is proportionate to the interest which the Special Union has in 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 include the following income:



(I) contributions of Member States of the Special Union;



(II) fees and charges for services rendered by the International Bureau in respect of

The Special Union;



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

The Special Union and the benefits for these publications;



(IV) gifts, links and subsidies;



In rent, interest and other miscellaneous income.



4



and) in determining the amount of contributions referred to in paragraph 3, include each

the Special Union Member State in the same class, which is included in the

Union for the protection of industrial property, and pay their annual contributions

According to the number of units, which is laid down for such a class of this Union.



(b)) the annual contribution of each Member of the Special Union becomes of

of the amount, the ratio to the total amount of the annual contributions of all States for the

the budget of the Special Union is the same as the ratio between the number of units of a class

in which it is inserted, and the total of the units of all the States.



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



(d)) a State 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 that State for two

the previous full years, or if it exceeds it. The authority of the Special Union

However, it may allow such a State to allow the authority to continue to perform

their right to vote, if that authority considered that the delays occurred for

extraordinary 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 State of the Special Union. If it becomes

the lack of Fund, the Assembly shall decide on the increase.



(b) the amount of the initial payment) each State into the Fund or its

participation in the increase of the Fund is proportional to the annual contribution of this

which State valid in the year during which the Fund creates or during

which will make 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 State on whose territory

The organization is housed States that this State provides a backup in cases

operating capital fund is insufficient. The amount of these advances and the

the conditions under which they are provided, are in each case

the subject of separate agreements between the State and organizations.



(b) the State referred to under (a)), and) and the organisation shall each have the 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 audit is carried out in a way that is determined by the financial

order of, one or more States of the Special Union or by external reviewers,

that Assembly will appoint, with their consent.



Article 8



Modification of articles 5 to 8



1 proposals for the modification of articles 5, 6, 7, and this article may submit any

Member State Assembly or a General Manager. These designs Announces

the Director-General to the Member States of the Assembly at least six months before the

their consultation by the Assembly.



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

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

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

of the votes cast.



3 Edit the articles referred to in paragraph 1 shall enter into force one month after

what the Director-General will receive written notification of their acceptance. Editing

must be accepted by three-fourths of the number of States which were members of

The Special Union at the time the scheme was approved. The adoption must be

made in accordance with the relevant constitutional requirements. Any modification of the

These articles have thus adopted binds all States which are members of the

The Special Union at the time when it enters into force, or which are

become members thereof at a later time; However, any arrangement that has the effect of

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

that such a modification of notifikovaly.



Article 9



Ratification and access; entry into force



1 each of the States of the Paris Convention for the protection of industrial property,

who signed this agreement may ratify it, and has not signed it,

may accede to it.



2. the instruments of ratification and instruments of accession shall be deposited with the

the Director.



3



and for the first 5) States which have deposited their instruments of ratification or

the instrument of accession, this Agreement shall enter in force three months after the deposit of

of the fifth such instrument.



(b) for each additional country) this Agreement shall enter into force three months after the

What are the Director-General its instrument of ratification or access to it,

If the ratification Charter or in the instrument of accession is not as indicated by the

a later date. In such case this Agreement shall, for that State in

the effectiveness of the specified date.



4 ratification or access law indicates acceptance of all the provisions and

return all the benefits of this agreement.



Article 10



The efficacy and duration of the agreement



This agreement has the same efficacy and duration as the Paris Convention for the

protection of industrial property.



Article 11



Revision of articles 1 to 4 and 9 to 15



1 articles 1 to 4 and 9 to 15 of this agreement may be revised, in order to

achieved the desired improvement.



2 any revision should be the subject of a conference held by the delegates

the Member countries of the Special Union.



Article 12



Notice of termination



1 any State may denounce this agreement by notification addressed to the

the Director. This notice is only effective for the State which handed her. Against the

other countries of the Special Union shall remain valid and enforceable.



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

the Director receives the notification.



3 the right of termination contained in this article cannot take advantage of any State,

until five years from the date on which a member of the Special Union.



Article 13



The territory of the



To this agreement, the provisions of article 24 of the Paris Convention for the

protection of industrial property.



Article 14



Signatures, languages, notifications



1



and) this agreement is signed in a single original copy drawn up

in the English and French languages, both texts being equally

binding. The original text is saved by the Swiss Government.



(b)) this Agreement shall remain open for signature until 30. June 1969 in Bern.



2 the Director General, after consultation with the participating taken by Governments

official texts in other languages, which the Assembly may designate.



3 the Director General shall transmit two certified copies of the Government of Switzerland

the signed text of this agreement to the Governments of those States which have signed it, and


the Government of any other State which so requests.



4 the Director General can register this agreement with the Secretariat

Of the United Nations.



5 the Director announces to the Governments of all countries of the Special Union date

the entry into force of this agreement, sign, store, ratification of the

or of instruments of accession, the adoption of amendments to this agreement and the date of their entry

the laws and the notification notice.



Article 15



Transitional provisions



Until the first Director General of the Board, shall be deemed to function in

This agreement, references to the International Bureau or to the Director General for the

references to the United International bureaux for the protection of intellectual

property rights (BIRPI) or its Director.



XIII.



List of classes and subclasses of the international classification

Class 1-food products including dietetic foods

01 pastries, biscuits, pastry, pasta

02 Chocolate, confectionery, ice-cream

03 cheeses, butter and other dairy products, as well as their substitutes

04 butchers ' and ham Products

05 Feed

99 Miscellaneous



Class 2-Garment goods including footwear

01 garments

02 Lower wear, lingerie, bodice, bras

03 headwear

04 footwear (including boots, shoes and slippers)

05 Stockings and socks

05 neckties, scarves and shawls

07 Rukavičkářské products

08 Short goods

99 Miscellaneous



Class 3 — travel goods, personal effects are not included in the

other classes

01 Travel suitcases, hand bags and cases

02 Cables, wallets, purses, cases

03 umbrellas, sticks

04 Fans

99 Miscellaneous



Class 4 — Brushware goods

01 brushes and brooms for cleaning

02 Toilet brushes, clothes brushes

03 industrial Brushes

04 Brushes

99 Miscellaneous



Class 5 — textile products rather than ready-made, plastics foils

or substances and the skin

01 In

02 Textile fabric (woven, knitted or made in some other way)

03 Foil from plastics or substances

04-felt

05 foil Covering (wallpaper, linoleum, etc.)

06 Lace

07 Embroidery

99 Miscellaneous



Class 6-residential facilities

01 Furniture

02 mattresses and pillows

03 net curtains (ready to use)

04 Carpets

05 Mats & runners

06 Mirrors and frames

07 clothes hangers

08 Cover

09 Lingerie for the home and table linen

99 Miscellaneous



Class 7 — household needs, not included in other classes

01 crockery and glassware

02 apparatus and utensils kitchen

03 knives, forks, spoons

04 cookers, toasters, etc.

05 apparatus on the chopping, grinding and blending

06 Iron, apparatus for washing, cleaning and drying

99 Miscellaneous



Class 8 — tools and hardware

01 Tools and tools for agriculture, forestry and horticulture

02 other tools

03 Locks and hinges

04 nails, screws, nuts, bolts, etc.

99 Miscellaneous



Class 9 — Packages and containers

01 bottles, carboys, bottles and pots

02 Closures

3 cans and drums

04 cartons, boxes

05 Cupcakes in the food baskets

06 Sacks, Clipboard, tubes and bushings

07 Conserve box

08 rope, twine, straps, etc. for packing purposes

99 Miscellaneous



Class 10-watch making and measuring devices

01 Hour room and shuttle

02 Watch Pocket and wrist

03 Clocks

04 other clocks

05 all other timing devices

06 Dials, hands and all other parts of the hours and the other

watches and clocks

07 Surveying, marine, acoustic and meteorological devices

08 devices for measuring physical quantities, e.g.. length, pressure

etc.

09 temperature measuring instruments

10 electrical quantities measuring instruments (voltmeters, etc.)

11 testing instruments

99 Miscellaneous



Class 11-Ornaments

01 Jewelry

02 Bibeloty, decorations on the table, the fireplace, on the wall, including containers on

flowers

03 medals and badges

04 artificial flowers, plants and fruit

05 Holiday decorative items

99 Miscellaneous



Class 12: vehicles

01 animal drawn vehicles

02 Manual trolleys and castors

03 locomotives and railway wagons and other rolling stock

04 cable car and chair lifts

05 Hoists

06 Ships and boats

07 Aircraft and space vehicles

08 vehicles and buses

09 trucks and tractors

10 trailers and caravans

11 Motorcycles and bikes

12 Baby carriages and wheelchairs for disabled guests

13 vehicles for the special need for

14 Tires and hoops for vehicles, other equipment and armament for the

vehicles not contained in other classes

99 Miscellaneous



Class 13 — equipment for production, development and transformation

electrical energy

01 generators and motors

02 transformers, rectifiers, batteries, rechargeable batteries

03 material and equipment for the distribution and management of electrical energy

99 Miscellaneous



Class 14-electrical and electronic equipment

01 apparatus for recording and reproducing sound and image

02 recording apparatus, reproduction and processing of information

03 telecommunications and intelligence apparatus (apparatus

telegraphy, telex, television and radio)

04 Amps

99 Miscellaneous



Class 15-machines for industry and household

01 non-electric motors

02 pumps and compressors

03 agricultural machinery

04 construction machinery

05 machines for industries not elsewhere specified

06 machines for washing and cleaning for industrial purposes

07 machines for washing and cleaning for household use

08 textile machines for industrial purposes on sewing, knitting and

embroidery

09 textile machines for home sewing, knitting and embroidery

10 Refrigeration machines for industrial purposes

11 the cooling household machines

12 machinery for the production and preparation of food

99 Miscellaneous



Class 16-products for photography, cinematography and optics

01 photographic cameras

02 Filmovací of the device

03 Design devices for static images

04 apparatus for film screenings

05 and magnifying apparatus Photocopying

06 Starting apparatus

07 Accessories

08 Optical goods such as glasses, microscopes, etc.

99 Miscellaneous



Class 17-musical instruments

01 keyboard instruments (including electronic and other organ)

02 wind instruments

03 stringed instruments

04 percussion instruments

05 Mechanical musical instruments

99 Miscellaneous



Class 18 — printing and office machinery

01 Writing and calculating machines, except electronic

02 printing machines for printing press

03 printing machines for other ways to print (excluding

fotokopírovacích)

04 Typographical fonts and characters

05 machines for trimming paper

99 Miscellaneous



Class 19 — stationery, Office supplies, supplies for the

artists and for teaching

01 writing paper and envelopes

02 Office supplies

03 Calendar

04 Bindings

05 postcards and other printed matter

06 Material for hand writing

07 Material and accessories for painting, with the exception of paint brushes for the

the sculptor, engraver and for other artistic techniques

08 teaching aids

99 Miscellaneous



Class 20-equipment for sale and promotion

01 vending machines

02 Needs for exhibitions and retail

03 advertising boards and signal

99 Miscellaneous



Class 21 — games, toys and sporting goods

01 Games

02 Toys

03 Tools and articles for gymnastics and sport

04 other articles for fun and relaxation

05 Tents

99 Miscellaneous



Class 22-Weapons and equipment for hunting, fishing, for teen

harmful animals

01 Cutting and stabbing weapons

02 firearms

03 Ammunition, missiles and igniters charged with

04 Hunting supplies (with the exception of weapons)

05 fishing rods

06 Reels

07 Hooks

08 other needs of fisheries

09 trapped and needs to pest animals

99 Miscellaneous



Class 23-sanitary Equipment, heating, ventilation and

air handling

01-equipment for liquid and gas distribution (including cocks and

pipe)

02 Sanitary equipment (baths, showers, washbasins, toilets, plumbing

blocks, etc.)

03 heating equipment

04 Ventilation and air conditioning equipment

05 solid fuel

99 Miscellaneous



Class 24-medical and laboratory

01 Device for transporting the sick and for placing patients in

Hospital

02 devices and equipment for the Hospital (for diagnosis, testing,

operation and treatment, as well as for the examination of the eyes)

03 medical, surgical and dental instruments

04 Prosthesis

05 dressings, bandages, and resources for medical care

99 Miscellaneous



Class 25-buildings and building elements

01 building materials and construction elements such as stone, brick, beams,

tiles, Slate, panels

02 Windows, doors, blinds, etc.

03 Profiles

04 houses, garages and other buildings

05 building parts for underground construction

99 Miscellaneous



Class 26 — lighting equipment

01 Electric and other light sources such as incandescent lamps, lighting

tubes and lighting boards

02 lamps, floor lamps, chandeliers, wall and ceiling lamps

03 public lighting Equipment (outdoor lamps, lighting

scenic, headlights)

04 Torches, portable lamps and lanterns

05 candles, candlesticks

06 Shade

99 Miscellaneous



Class 27 — tobacco, smokers ' requisites

01 tobacco, cigars and cigarettes

02 pipes, tips on cigars and cigarette tips

03 Ashtrays

04 Matches

05 Lighters

06 cases for cigars and cigarettes, lighters, jars

99 Miscellaneous



Class 28-products and cosmetic and pharmaceutical items, toilet

supplies and equipment

01 pharmaceutical products and articles


02 Beauty production and articles

03 toilet articles and apparatus for beautify beauty

99 Miscellaneous



Class 29 – devices and equipment for rescue and for the protection of the people

01 fire protection equipment and gear

02 devices and equipment for rescue on the water and under the water

03 equipment and equipment for rescue operations in the mountains

04 equipment and equipment for rescue from other hazards

(transport, mining, occupational accidents, etc.)

99 Miscellaneous



Class 30-cultivation and animal husbandry

01 Kennels and pens

02 equipment for feeding and watering

03 saddlery

04 equipment and equipment for animal rescue

99 Miscellaneous



Class 31-miscellaneous (all products not included in the previous

classes)