81/1970 Sb.



DECREE



Minister of Foreign Affairs



of 24 July 2003. June 1970



on the Lisbon Agreement for the protection of appellations of origin and their international

write



On 31 December 2004. October 1958 were agreed in Lisbon Lisbon Agreement for the protection of

appellations of origin and their international registration and regulations.



The agreement was ratified by the President of the Republic and the ratification instrument was

deposited with the Government of Switzerland, depositary of the agreement, on 11. August 1961.



The agreement and the regulations have entered into force, pursuant to article 13

paragraph. 2 and article 8 on 25 September 2004. September 1936 and the date of entry into force of this

even for the Czechoslovak Socialist Republic.



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



Minister:



Ing. Marko in r.



LISBON AGREEMENT



for the protection of appellations of origin and their international registration



Article 1



The ground covered by this agreement, constitute a special Union within the Union on

protection of industrial property.



They undertake to protect, according to the terms of this agreement, in other countries this

The Special Union designations of origin of products, which are recognised and protected from

This title in the country of origin and registered at the Office of the Union for the protection of

industrial property rights.



Article 2



(1) for the purposes of this agreement the term appellation of origin

the geographical name of a country, region or place used to indicate, where

product quality or which characters are made exclusively or

significantly the geographical environment, čítaje in this natural factors and

human factors.



(2) the country of origin is the country whose name, or the name of the landscape or

the place consists of the designation of origin which has given the product its General

to knowledge.



Article 3



Protection shall be ensured against any přisvojování or imitation, and

When the true origin of the product is indicated or if the sign is used in the

translation or accompanied by expressions such as. "kind", "type", "method",

"imitation" or below.



Article 4



The provisions of this Agreement in no way exclude the protection already valid mark

the origin of the service provided in each country of the Special Union for the

the basis of other international negotiations, such as the u. The Paris Convention of

20 March 1883 on the protection of industrial property and the Madrid Agreement

of the 14. April 1891 to combat false or misleading indications of origin,

last revised in Lisbon 31. October 1958, or on the basis of

national laws or regulations or jurisprudence.



Article 5



(1) the designation of origin shall be entered in the International Bureau for the protection of

industrial property offices country Specific to the request of the Union in the name of

natural or legal persons, public or private, authorized

Use this name according to their national legislation.



(2) the International Bureau shall immediately notify the competent authorities of this entries

The Special Union and shall publish a notice in the newsletter of the periodic journal.



(3) the competent authorities may designate countries giving reasons, that they can't

ensure the protection of a designation of origin, whose inscription will be

notified if their statements will be sent to the International Bureau in

a period of one year from the date of receipt of the notification of registration. This statement

cannot harm in the country concerned to other forms of protection of the mark, the

which would have authorised the applicant could claim within the meaning of the provisions of

referred to in article 4.



(4) after the expiry of the period of one year referred to in the previous paragraph,

the competent authorities of this Union cannot be raised against such a declaration

objections.



(5) the international authorities shall inform the Office of the country of origin as of

declarations submitted by the Office of the other countries referred to in paragraph 3.

Lead, which the national Office shall notify the Declaration of another country, you may

in this second country to submit any legal or administrative objection, on the

which have the right of nationals of that country.



(6) if in one country a specific designation granted based on

the notification of its international registration and if this mark in this country in

the use of the third party no longer from the time prior to this announcement, the competent

the Office of this country the option to enable the third party a time limit, not exceeding two

in the year to the end of use, on condition that they inform the

The International Bureau within three months after the expiry of the time limits provided for in the annual

the above paragraph 3.



Article 6



The designation, which was granted in any country of the Special Union protection

in accordance with the procedure referred to in article 5, there will not be able to be considered as

the generic name of the type of goods, if the country of origin will be protected as

designation of origin.



Article 7



(1) a registration effected in accordance with article 5 of the International Office

provides protection for the entire period referred to in the previous article, without

the need for its renewal.



(2) for each registration of a designation of origin will pay only one fee.



The Council, acting unanimously, shall determine the amount of fees that will be created in accordance with article

9, referred to.



The proceeds from the fees charged by the International Bureau is intended to cover the

the cost of the international registration services designation of origin provided

the countries of the Special Union will apply article 13 para. 8 Paris

of the Convention.



Article 8



The measures necessary to ensure the protection of designations of origin will be able to

perform in each country of the Special Union pursuant to the national legislation:



1. on the proposal of the competent Office or at the request of the competent public prosecutor's Office;



2. each participating person, natural or legal, public or

a private.



Article 9



(1) for the implementation of this agreement, with the International Bureau shall be established by the Council

composed of representatives of all the countries that are members of the Special Union.



(2) this Council shall determine its Statute and rules of procedure and shall

coordination with the authorities of the Union for the protection of industrial property and with those

international organisations, which have concluded agreements with the International Bureau

about the cooperation.



Article 10



(1) the details of the implementation of this agreement are determined by the regulations, which will be

at the same time the agreement is signed.



(2) this agreement, as well as the rules of procedure may be, in accordance with article 14 of

General Convention subject to revisions.



Article 11



(1) the Member countries of the Union for the protection of industrial property, which shall

' this agreement, will be able to access it, if requested

in the form prescribed in articles 16 and 16 b of the Paris Convention.



(2) notification of the access itself to the territory shall ensure that the acceding countries

the validity of the above provisions in favour of those designations of origin,

that was internationally registered at the time of access.



(3) However, will be able to each country acceding to this agreement to report to

one year, for which the designation of origin already registered at the international

the Office exercises the right deriving from article 5, paragraph 3.



(4) in the case of notice of termination of this agreement, article 17b of the Paris Convention.



Article 12



This agreement shall remain in force as long as its members at least five

countries.



Article 13



This agreement shall be ratified and the instruments of ratification shall be deposited with

the Government of the Swiss Confederation.



The agreement shall enter into force once it is ratified by the five countries of the month

then, when the Swiss Government announced that there was a fifth ratification,

and, for the countries on behalf of which will later be ratified by valid

one month after the notification of each of these ratifications.



Article 14



(1) this Agreement shall be signed in a single copy in the language of the

the French and will be deposited in the archives of the Government of the Swiss Confederation.

A certified true copy of this Government will be delivered to each of the Governments of the countries of this

The Special Union.



(2) this Agreement shall remain open for signature by countries of the Union for the protection of

industrial property, to 31. December 1959.



(3) the official translations of this Agreement shall be drawn up in the German language,

English, Spanish, Italian and Portuguese.



On the evidence, have signed this agreement authorized the States listed below

Cuba Spain

France Morocco

Greece Portugal

Israel Romania

Hungary, Czechoslovakia

Italy Turkey



Done at Lisbon on 31. October 1958.



THE REGULATIONS



to the Lisbon Agreement for the protection of appellations of origin and their international

write



Article 1



Application for international registration of appellations of origin will be drawn up in duplicate in the

the language of the French, on forms supplied by the International Bureau.

The application, you need to connect the relevant fees, it will contain

the following information:



1. the country making the request and the authority empowered to receive notifications

as well as the name or names of the owners of the appellation of origin;



2. the designation of origin for which registration is sought;



3. the product, to which this designation is used;



4. region of production;



5. the name and date of the statutory regulations or implementing regulations or

judgments that recognize the protection in the country making the request

It serves;



6. date of dispatch of the request.



Authorities of the countries to which it is notified, can write through

The International Bureau of a request a copy of the documents referred to above under

number 5, in the original language.



The Office make up these data the filing date of the application and a serial number.



Article 2



The International Bureau will:



1. the central register of designations of origin, in which the mark is registered in the

chronological order and with the particulars listed in article first, and date

acceptance notification by the requesting national authority, the date of the notification


sent by the International Bureau to the offices of other countries of the Special Union

their rejection and an indication of the time limits that have been the event. authorised under

the provisions of paragraph 6 of article 5 of the agreement;



2. Special terms for each country of the Special Union, in which they will be

the same data are overwritten in chronological order.



Article 3



If the International Bureau finds that the application for registration is the formal

shortcomings, it must postpone the designation of origin and notify it without

the delay of the requesting authority, in order to remove the defect.



Article 4



(1) when the registration is made in the registers, the International Bureau confirms the

to duplicate a request that the registration has been carried out, and shall affix them to their

signature and stamp.



(2) one of the two copies will remain in the archives of the Office, the other will

sent to the requesting authority.



(3) the International Bureau shall notify as soon as possible to the national authorities with all the information

which are set out in article 1, as well as the communication to the national offices

referred to in article 5.



(4) the national authorities will be able to, at any time request the cancellation of the registration to which the

There is, on the basis of their application. The International Bureau makes this deletion and

shall submit a report to the national authorities.



Article 5



The International Bureau shall publish in a periodical journal "Les Appellations

d'origine ":



and) registered designations of origin, with the particulars under numbers 1 and 6 of article 1

This procedure;



(b) any notification of refusal), which had run out of under the provisions of

Article 5, paragraph 3 of the agreement, as well as their execution;



(c) the mandate to the next) where relevant, the use of certain designations in accordance with the

Article 5 paragraph 6 of the agreement;



(d) any cancellations of international registrations).



Article 6



The Council shall meet at the call of the Director of the International Office.



For the first time must be convened within three months after the entry into force of the agreement.



Article 7



(1) with regard to the application of article 7 paragraph 2 of the agreement and subject to the

the jurisdiction of the high Supervisory Board also observed, the International Bureau shall submit to the Council, the parties

during the first quarter of each year a special report on the activities of

concerning the international registration of a service designation of origin.



(2) the amount of the single registration fee will be the beginning of the 50 Swiss

francs.



Article 8



These regulations shall enter into force simultaneously with the agreement, to which it relates, and

will have the same effect.