LAW No. 44 of 28 April 1992 for Romania's accession to the Hague Agreement concerning the international deposit of industrial designs, of 6.11.1925, with subsequent amendments and additions published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 95 of 15 May 1992 Article 1 Romania join the Hague Agreement concerning the international deposit of industrial designs, of November 6, 1925, as revised at the Hague Act of November 28, 1960, completed by the complementary Act of Stockholm of July 14, 1967, as amended on 2 October 1979.
Article 2 the State Office for inventions and trademarks will meet in Romania functions and procedures set out in the arrangement.
Annex I the HAGUE ACT (Translation) on November 28, 1960 Article 1 1) Contracting States are represented in the Union for the International Deposit of Industrial designs.
2) Only Member States of the International Union for the protection of industrial property may be parts of this arrangement.
Article 2 for the purposes of this arrangement, you need to understand:-the arrangement of 1925-the Hague Agreement concerning the international deposit of industrial designs of November 6, 1925;
-Arrangement of 1934-the Hague Agreement concerning the international deposit of industrial designs, of November 6, 1925, as revised at London on June 2, 1934;
-This arrangement-the Hague Agreement concerning the international deposit of industrial designs, as it arises from this act;
-Regulation-Regulation of this arrangement;
-International Bureau-Bureau International Union for the protection of industrial property;
international deposit-a deposit effected under the auspices of the International Bureau;
-a national deposit effected under the national administration of a Contracting State;
-multiple deposit containing several designs;
-State of origin of an international deposit-the Contracting State in which the applicant has an industrial or commercial undertaking effective and serious or, if the applicant has such enterprises in several countries, contracting of Contracting States that designated in the application; If it has such an establishment in, a Contracting State, the State in which he has his domicile; If not domiciled in a Contracting State of which he is a national;
-the State shall carry out the examination of novelty-a State whose national legislation provides for a system that contains a research and preliminary examination carried out ex officio by the Administration to the national team and that the novelty of the designs submitted.
Article 3 the Contracting States or personal Resortantii that the directive, without being one of those States, are domiciled or have an industrial or commercial undertaking effective and serious in one of those States, may submit designs in addition to the International Bureau.
Article 4 1) International Deposit may be effected at the International Bureau;
1-either directly or via 2-national administration of a Contracting State if the law of that State so permits.
2. National Legislation of any) Contracting State may ask any international deposit in respect of which that State is the State of origin considered to be presented through its national administration. Failure to comply with such provisions shall not affect the effects of the international deposit in the other Contracting States.
Article 5 1) International Deposit comprises a request, one or more photographs or other graphic representations of the design, and proof of payment of the fees prescribed by regulation.
2) request contains: 1-the Contracting States in which the applicant asks that the international deposit to produce effects;
2-the designation of the object or objects to which the design is intended to be incorporated;
3-If the applicant wishes to claim the priority provided for in art. 9, the date, the State and the number of the deposit giving rise to the right of priority;
4-any other information prescribed by regulation.
3)) the request may contain: (1) a short description of characteristic elements of the design;
2 a statement indicating the name of the true author of the design;
3 a request for deferral of publication as provided for in article 10. 6 paragraph 1. 4. b) Copies or replicas of the object to which it is incorporated in the design can also be attached to the application.
4) A multiple application may contain several designs intended to be incorporated into the objects that appear in the same class of the international classification of designs, targeted at art. 21. 2) Figure 4.
Article 6 1) International Office you Register of designs and shall record the international deposit.
2) International Deposit is considered as being done at the date on which the International Bureau received the application in all legal forms, fees shall be paid together with the request and the photographs or other graphic representations of the design, or, if they have not been received at the date on which it was carried out the last of these formalities. Recording the time gate.
3)) for each international deposit, the International Bureau shall publish in a periodic bulletin: 1-reproductions in black and white or, at the applicant's request, reproductions, photographs or other graphic representations filed;
2-the date of the international deposit;
3-information laid down in the regulation.
b) the International Bureau shall send, within the shortest possible term, periodic bulletin of national administrations.
4)) the publication referred to in paragraph 1. 3). He is, at the request of) the applicant, postponed the requested it. This period may not exceed a period of 12 months beginning with the date of the international deposit. However, if a priority is claimed, the date of the start of this period is the date of priority.
b) during the period referred to in subparagraph (a). a) above, the applicant may, at any time, request immediate publication or may withdraw his deposit deposit Withdrawal be limited to one or more of the Contracting States and, in the case of a multiple application, some of the designs contained in the question.
(c) if the applicant does not pay) within the time limits laid down appropriate fees before expiry of the period referred to in subparagraph (a). a) above, the International Bureau shall proceed with the termination of the deposit and not published at para. 3). a)) until the expiration of the period referred to in subparagraph (a). a) above, the International Bureau shall keep the secret recording a deposit followed by a request for publication and the public hearing may not take knowledge of any document or article relating to that deposit.
These provisions shall apply without limitation of time, even if the applicant has withdrawn the deposit before the end of the respective periods.
5) except as provided in paragraph 1. 4), the public can get the knowledge of the registry, as well as all documents and articles filed with the International Bureau.
Article 7 1) of a registered deposit) Any International Bureau produce, in each of the Contracting States designated by the applicant in its application, the same effects, but if all the formalities laid down in national law for obtaining protection were met by the applicant and only if the regulations laid down to this end have been concluded by the administration of that State.
(b) subject to the provisions of article). 11, the protection of designs which are the subject of a deposit registered at the International Bureau is governed in each Contracting State by the provisions of national law applicable in that State to designs whose protection is claimed on the national path, and for which all the formalities have been completed and all the administrative agreements concluded.
2) takes effect not international Warehouse in the State of origin if that State does not provide for this.
Article 8 1) despite the provisions of article 3. 7, national administration of a Contracting State, whose national legislation provides for the refusal of protection as a result of an administrative ex officio examination or as a result of a third party must be contraposition, in case of refusal to make known, in a period of six months, the International Bureau, as the design does not meet the requirements of this legislation imposes in addition to the formalities and administrative acts referred to in article 1. 7 para. 1. If no refusal) is notified within a period of six months, international deposit of its effect in that Member State as of the date of that deposit. However, any Contracting State which will examine the novelty, if not notified any refusal, during the period of 6 months, the national deposit, pastrindu-and at the same time, priority, produces effects in that State with the expiry of the above, only if the national legislation provides for an earlier date for deposits drawn to his national administration.
2) term 6 months referred to in paragraph 1. 1) must be calculated with effect from the date on which the national administration has received periodic bulletin number where the registration has been published the international deposit. National Administration must convey this time at the request of any third party.
3 the applicant has the same) means of appeal against the decision of refusal on the part of national administrations listed in paragraph 1. 1) as if that would be submitted to this design Board; in any case, the decision of refusal must be able to be subject to controls or an appeal.
Notification of the decision must indicate: 1-the reasons for which it has been established that the design does not meet the requirements of national law;
2-the date referred to in paragraph 1. 2);
3-the deadline to ask for a review or an appeal to be submitted;
4-authority to which this request or appeal may be addressed.
4) of the National Administration) of a Contracting State whose national legislation provides provisions on the nature of those referred to in paragraph 1. 1) and requiring a statement indicating the name of the truth of the design model, or a description of the design may request that, within a time limit which shall not be less than sixty days from the dispatch of the request in this regard, the Management Board, transmit to the applicant, in the language in which the application was filed at the International Bureau submitted : 1 a statement indicating the true creator of the design;
2-a short description emphasizing the essential characteristic elements of the design as they appear in the photographs or other graphic representations.
b) no charge is not levied by the national administration to submit such declarations or descriptions, or for their possible publication by this administration.
5)) each of the Contracting States whose national legislation lays down provisions on the nature of those referred to in paragraph 1. 1), it shall inform the International Bureau thereof b) where the law of a Contracting State provides multiple protection systems designs and if one of these systems provides for a novelty examination, the provisions of this arrangement, regarding States that such a practice exam, does not apply in respect of that system.
Article 9 If the international deposit of the design is drawn over a period of 6 months after your first deposit of the same design in one of the Member States of the International Union for the protection of industrial property, and if priority is claimed for the international deposit, the priority date shall be that of the first deposit.
Article 10 1) International Deposit may be renewed every five years by a single payment, during the last year of each period of five years, of the renewal fees fixed by regulation.
2) via surcharges established by the varsamintului regulation, is granted a term of 6 months warranty for reinnoirile international repository.
3) at the time of payment of renewal fees must indicate the number of the international deposit and, if the renewal should not be effected for all the Contracting States in which the deposit is about to expire, those States where renewal needs to be carried out.
4) renewal may be limited to part of the designs contained in the multiple application.
5) the International Bureau shall record and publish reinnoirile.
Article 11 1 of the term of protection)) granted by a Contracting State to designs which have been the subject of an international deposit may not be less than:-1-10 years beginning with the date of the international deposit if the deposit has been subject to renewal;
2-5 years starting from the date of the international deposit in the absence of a renewal.
b) However, if, by virtue of the provisions of national law of a Contracting State which will examine the novelty, begins at once to the rear of the deposit, the minimum terms provided for in subparagraph (a). a) are calculated taking into account the flow of protection in that country. The fact that the international deposit shall not be renewed than once doesn't carry the minimum duration of protection thus defined.
2) if the law of a Contracting State provides, in respect of designs which have been the subject of a national deposit protection whose duration, with or without renewal, is longer than 10 years, a duration equal protection is granted in that Member State on the basis of the international deposit and reinnoirilor from the designs which have been the subject of an international deposit.
3 Any Contracting State) can, in its national legislation, to limit the duration of protection of designs which have been the subject of an international deposit to the terms provided for in paragraph 1. 1)) subject to the provisions of paragraph 1. 1). b), take the protection end, Contracting States from the date of expiration of the international deposit, unless the national legislation of these States do not provide for protection to continue after the expiry date of the international deposit.
Article 12 1) the International Bureau shall record and publish any change affecting ownership of a design which is the subject of an international deposit in force. It is understood that transfer of ownership may be limited to rights deriving from an international deposit only in one or more of the Contracting States and, in the case of a multiple deposit, only for some of the designs contained in the repository.
2) registration pursuant to paragraph 4. 1) produces the same effects as if it were carried out by the national authorities of the Contracting States.
Article 13 1) the holder of an international deposit may, by means of a declaration addressed to the International Bureau, to renounce his rights in respect of all the Contracting States, or only for a certain number of them and, in the case of a multiple deposit, only some of the designs contained in the areas that deposit.
2) the International Bureau shall record the statement and publish it.
Article 14 1) A Contracting State may not require the recognition of the right, as a sign or mention of the design to be placed on the object that represents this design.
2) if the law of national of a Contracting State provides for a special mentions with any purpose, it will have to consider this requirement as satisfied if all the objects presented to the public with the authorization of the right holder upon the design, or the tags with which these objects are provided for special mention international gateway.
3) must be considered as special mention international symbol (D) (a capital D in a circle) accompanied by either: 1-an indication of the year of the international deposit and the name, or the usual abbreviation of the name of the applicant, either 2-the number of the international deposit.
4) than the application of a special international on objects or labels cannot in any way be interpreted as renunciation of protection implicind or copyright or any other evidence when, in the absence of such indications, this protection can be obtained.
Article 15 (b) of the regulation) Duties include: 1-fees for the International Bureau;
2-fees for the Contracting States designated by the applicant, namely a) fees for each of the Contracting States;
b) fee for each one of the Contracting States which carry out novelty examination and involves the payment of a fee to do this review 2) For a same deposit, fees paid for a Contracting State under paragraph 1. Figure 2-1)-lit. are low), from the total amount of the fee referred to in paragraph 1. Figure 2-1)-lit. (b)), when it becomes mandatory for the last charge that State.
Article 16 1) the fees for Contracting States referred to in article 1. 15 para. Figure 1-2), are collected by the International Bureau that, every year, they shed the Contracting States designated by the applicant.
2)) Any Contracting State may declare to the International Bureau as additional fees to be waived. 15 para. Figure 2-1)-lit. in regards to) International deposits in respect of which the other Contracting States which have subscribed to the same waiver, are considered the home States.
b) he may become a party to the same renunciations in terms of international deposit in respect of which he is the recognized State of origin.
Article 17 Regulation of implementation details of snaps this arrangement and especially:-1-languages and the number of copies in which the application of the deposit must be made, and the directions that should contain the request;
-2-amounts, maturity dates and method of payment of the fees intended for the International Bureau and the Member States, including the limitations imposed on the prescribed fee for Contracting States which shall carry out an examination of novelty;
-3-number, format and other features of other graphical representations of each of the designs deposited;
-4-the length of the description of characteristic elements of the design;
-5-the limits and conditions under which copies or forms of objects representing the objects representing the design may be attached to the application;
-6-the number of designs that may be included in multiple applications and other provisions that relate to the multiple;
-7-any problem relating to the publication or distribution of the bulletin on a regular basis; 6 paragraph 1. 3). the), including the number of copies of the Bulletin which are given free of charge by the national administrations, as well as the number of copies which may be sold at the low price of these administrations
-8-procedure notification by the Contracting States to be refused under article 4. 8 para. 1) as well as the procedure for communication and publication of decisions by the International Bureau;
-9-the conditions under which it must be carried out by the International Bureau, registration and publication of changes in the ownership of a design referred to in art. 12(3). 1) as referred to in article waivers 13;
-10-the destination date of documents and objects related to deposits that are no longer capable of renewal.
Article 18 the provisions of this arrangement shall not prevent the application of provisions of the claim, which would be provided by the national law of a Contracting State, and does not affect in any way the protection accorded to works of art and artistic works applied, through treaties and international conventions on the law of copyright.
Article 19 Fees the International Bureau, in respect of the services provided for this arrangement, shall be fixed as follows: a) their income to cover all expenses of international service designs, and all expenses which are required for the preparation and organization of the meeting of the International Committee of the designs or the conferences of revision of this arrangement;
b) to allow the maintenance of the reserve fund referred to in article 1. 20. Article 20 1) set up a reserve fund, whose ceiling rises to 250,000 Swiss francs. It can be modified by the International Committee of design matters, as referred to in art. 21 below.
2) Reserve Fund is comprised of surpluses of revenue from international service designs.
3)) However, since the entry into force of this arrangement, the reserve fund is set up by vărsămînt, every State, from a unique fee calculated for each of them, depending on the number of units corresponding to the class to which it belongs, in accordance with article 5. 13(2). 8) of the Paris Convention for the protection of industrial property.
(b)) States that will become parties to this arrangement, after its entry into force, will have to pay a fee in equal parts. It will be calculated according to the principles set out in the above paragraph in such a way that all States, irrespective of the date when they become parties to the arrangement, to pay the same contribution per unit.
4) where the total amount of the reserve fund would exceed the ceiling, the surplus will be regularly assigned to the Contracting States, in proportion to the membership dues paid by each unique among them, until the total amount of this competition dues.
5) when contributions have been repaid in full single, the International Committee of the designs may decide not to be required of the single States that dues will subsequently become parties to the arrangement.
Article 21 1) created a Committee of International designs made up of representatives of all Contracting States.
2) this Committee shall have the following duties:-1-lays down regulation;
-2-change rules of execution;
-3-change the ceiling reserve fund referred to in article 1. 20;
-4-sets the international classification of industrial designs;
-5-study issues relating to the implementation and to the review of this possible arrangement;
-6-study all other issues relating to the international protection of designs;
-7-rule on the annual reports of the management of the International Bureau and give general directives concerning the exercise of the functions of this office he is owed pursuant to this arrangement;
-8-sets a predictable report on expenditure of the International Bureau for each triennial period.
3) Committee's decisions are taken by a majority of four fifths of the members present or represented vote in cases referred to figures 1--2--3--4 of paragraph 1. 2 simple majority) and in all other cases. Abstentions shall not be considered as votes.
4) the Committee shall be convened by the Director of the International Bureau:-1-at least once every 3 years;
-2-whenever, at the request of a third party between the Contracting States or, where necessary, on the initiative of the Director of the International Bureau or the Government of the Swiss Confederation.
5) transport expenses and accommodation of the members of the Committee fall into the task their Governments.
Article 22 1) Regulation can be amended by the Committee pursuant to art. 21. Figure 2-2)-or via written procedure referred to in paragraph 1. 2) below.
2) in the event of recourse to the written procedure, amendments are proposed by the Director of the International Bureau circular letter sent to all Contracting States.
The amendments are considered as adopted if, within a period of one year from their communication, no Contracting State has not made known its opposition.
Article 23 1) this arrangement remains open for signature until December 31, 1961.
2) he will be ratified and the instruments of ratification will be deposited under the Government of the Netherlands.
Article 24 1) Member States of the International Union for the protection of industrial property which have not signed this arrangement, will be allowed to join him.
2) This membership will be notified about the Government of the Swiss Confederation's diplomatic and, thereby, the Governments of all Contracting States.
Article 25 1) Any Contracting State undertakes to provide for the protection of industrial designs and to adopt, in accordance with its Constitution, the measures necessary for the implementation of this arrangement.
2) when depositing the instrument of ratification or accession, or of a Contracting State shall be in accordance with legislation, to the extent its national, to provide that the provisions of this arrangement to produce effects.
Article 26 1) this arrangement shall enter into force on the expiry of a period of one month from the date of dispatch by the Government of the Swiss Confederation to the Contracting States, the notification is lodged the ten instruments of ratification or accession, of which at least four States which, at the date of this arrangement, there are no parties to the arrangement of 1925, no Arrangement of 1934.
2) therefore, deposit of instruments of ratification and accession shall be notified to the Contracting States by the Government of the Swiss Confederation. These ratifications and accession shall take effect upon expiry of one month from the date of dispatch of such notifications only if in the event of accession, it was not indicated in the rear once the instrument of accession.
Article 27 Any Contracting State may, at any time, to notify the Government of the Swiss Confederation that this arrangement is applied to all or part of the territories for the international relations of which it ensures. The Government of the Swiss Confederation shall inform the Contracting States and the arrangement shall apply equally to the territories designated in the notification, a month after sending the communication made by the Government of the Swiss Confederation to the Contracting States, provided there was appropriate given the posterior notification.
Article 28 1) Any Contracting State has the option to cancel this arrangement in their own name or on behalf of all or part of the territories which would have been the subject of a notification under article 4. 27, by means of a notification addressed to the Government of the Swiss Confederation. This cancellation shall take effect upon expiry of one year after its receipt by the Government of the Swiss Confederation.
2) Cancellation of this arrangement by a Contracting State shall not cancel the obligations that it has entered into in respect of designs which have been the subject of international registrations prior to the date on which the cancellation becomes effective.
Article 29 1) this arrangement will be subject to periodic review with a view to introducing improvements to improve the protection resulting from the international deposit of designs.
2) Review Conferences shall be convened at the request of the International Committee of the designs or at least the majority of the Contracting States.
Article 30 1) several Contracting States may at any time notify the Government of the Swiss Confederation that, subject to the conditions specified for this notification:-1-an administration it is a substitute for the national administration in each of them;
-2-must be considered as a single State for the application of article 81(3). 2-17 of this arrangement.
2) This notification may not effect than after 6 months from the date on which the communication is made by the Government of the Swiss Confederation to the other Contracting States.
Article 31 1) Only this link arrangement, their mutual relations, States parties while at this arrangement and the Arrangement of 1925 or the Arrangement of 1934. However, these States will be obliged, in the context of mutual relations, apply the provisions of the arrangement from 1925 or 1934 Arrangement, where appropriate, the designs deposited at the International Bureau prior to the date on which this arrangement tying them in their mutual relations.
2)) Any State party, at the same time, this arrangement and the Arrangement of 1925 is obliged to comply with the provisions of the arrangement from 1925 in its relations with States that are not parties to the arrangement than from 1925, only if that State has not denounced the Madrid Agreement of 1925.
b) Any State party, at the same time, this arrangement and the Arrangement of 1934 is obliged to comply with the provisions of the arrangement in 1934 in its relations with States that are not parties to the arrangement than in 1934, only if that State has not denounced the arrangement in 1934.
3) States that are not parties to this arrangement than have no obligation towards those States which are party to the Madrid Agreement or Arrangement from 1925 to 1934, without being parties in the same time, to the present arrangement.
Article 32 1) Signing and ratifying this arrangement by a State party, at the date of this arrangement, the Arrangement of 1925 or the Arrangement in 1934, as well as adhering to this arrangement of such State shall be regarded as the signature and ratification of the Protocol annexed to this arrangement or as membership of the said protocol, provided that State has not subscribed to an express statement to the contrary in the time of signing or depositing the instrument of accession, or.
2 Any Contracting State), which endorsed the Declaration referred to in paragraph 1. 1), or any other Contracting State not party to the Madrid Agreement or Arrangement from 1925 to 1934, may sign the Protocol annexed to this arrangement or join him during signing or depositing the instrument of accession or he may declare that they do not consider themselves bound by the provisions of paragraph 1. 2)) or para. 2) b) of the Protocol; in this case, the other States parties to the protocol are obliged not to apply, in their relations with the State which has made use of this right, which was the subject of this statement. The provisions of article 23 to 28 inclusive shall apply by analogy to Article 33 this act will be signed in a single copy which shall be deposited in the archives of the Government of the Netherlands. A certified copy will be transmitted by the latter to the Government of each of the States which have signed this arrangement or who have adhered to it.
PROTOCOL States parties of this protocol have agreed upon the following: 1. the provisions of this protocol shall apply to designs which are the subject of an international deposit in respect of which one of the States parties to that protocol shall be deemed to be the State of origin.
2. In respect of designs referred to in paragraph 1. 1 above: (a) the term of protection granted by) the States parties to this protocol to the designs referred to in paragraph 1. 1 above may not be less than 15 years after the date referred to in article 1. 11(2). 1)) or b), as appropriate;
(b) application of a claim) reserve on the objects to which they are incorporated the designs or labels with which they are provided for these objects may in no case be required by the States party to this protocol, either for exercise, on their territory, the right deriving from an international deposit, or with any other purpose.
Annex 2 COMPLEMENTARY ACT of STOCKHOLM (translation) of 14 July 1967, as amended on 2 October 1979 Article 1 Definitions for the purposes of this complementary act, must be understood through the Act of 1934, the Act signed at London on June 2, 1934, of the Hague Agreement concerning the international deposit of industrial designs;
-Act of 1960, the Act signed at the Hague on November 28, 1960, of the Hague Agreement concerning the international deposit of industrial designs;
Addendum-since 1961, the Act signed at Monaco on November 18, 1961, additional to the 1934 Act;
Organization, the World Intellectual Property Organization;
-The International Bureau, the International Bureau of intellectual property;
director-general, Director-general of the Organization;
-Union, the Hague Union, created through the arrangement of the Hague on 6 November 1925, concerning the international deposit of industrial designs, and maintained by the 1934 and 1960 Acts and by 1961 addendum, as by this complementary act.
Article 2 Assembly 1)) Special Union has an Assembly consisting of those countries which have ratified or acceded to this act.
b) the Government of each countries is represented by one delegate who may be assisted by alternates, advisors, and experts.
(c) the Expenses of each delegation) are borne by the Government which has appointed it.
2)): (i) the Assembly shall treat all matters concerning the maintenance and development of the Special Union and the implementation of the arrangement;
(them) give the International Bureau concerning the preparation for conferences on directive revision, taking into account the observations of the Special Union countries that have not ratified this act or has not acceded to it;
(iii) amend the implementing regulation and fixed the amount of the fees relating to the international deposit of industrial designs;
(iv) review and approve the activities of the Director-general relations concerning the Special Union, and give them useful directives concerning special Union matters;
(v) securing the budget biennium programme, adoption of the Special Union, and approve the accounts of the liquidation;
(vi) adopt the financial regulations of the Special Union;
(vii) create committees of experts and working parties which it considers useful to the achievement of the objectives of the Special Union;
(viii) determine which are member countries of the Special Union and which intergovernmental and international non-governmental organizations that may be admitted to its meetings as observers;
(ix) adopt amendments to article 1. 2-5;
(x) carry out any other appropriate action in order to achieve the objectives of the Special Union;
(xi) is carrying out any other task that you involve this complementary act.
b) on matters affecting the equal measure and other unions administered by the Organization, the Assembly shall act how can take notice of the opinion of the Coordination Committee of the organization.
3) of Each member country of) the Assembly shall have one vote.
b) one-half of the countries members of the Assembly shall constitute a quorum.
c) with all the provisions of the subalineatului b), if, in the course of a session, the number of countries represented is less than one-half but equal to or above one third of the countries members of the Assembly, it can take the decisions; However, the decisions of the Assembly, except those concerning the procedure, do not become enforceable when the conditions stated below are fulfilled. The International Bureau shall communicate the said decisions to countries members of the Assembly which were not represented, invitindu them to express in writing, within 3 months counting from the date of the communication, their vote or abstention. If, on the expiry of that period the number of countries which have expressed their vote or abstention in this way is at least equal to the number of countries which lacked a quorum because the majority to be achieved during the session, decisions become enforceable provided that, at the same time, it has gained the required majority remain.
d) subject to the provisions of article. 5 para. 2, the decisions of the Assembly are taken by a two-thirds majority of the votes cast.
s, abstaining) shall not be considered as a vote.
f) a delegate may represent no more than a single country cannot vote in their name.
g) Special Union countries which are not members of the Assembly are admitted to these meetings as observers.
4)) is Assembly gathers every two years in regular session, at the request of the Director general and, in addition, in exceptional cases during the same period and in the same place as the General Assembly of the organization.
b) Assembly in extraordinary session is gathers under a convocation by the Director general, at the request of one quarter of the countries members of the Assembly.
c) the agenda of each session is prepared by the Director general.
5) adopt its rules of procedure for the Assembly.
Article 3 the International Bureau 1)) tasks relating to the international deposit of industrial designs, as well as other administrative tasks incumbent on the Special Union are provided by the International Bureau.
b) International Bureau prepares especially meetings and provide the Secretariat of the Assembly and committees of experts and working groups on which you can set up Assembly.
(c) the Director-general) is the highest official of the Union and to represent it.
2) the Director general and any staff member designated by him shall take part, without the right to vote, in all meetings of the Assembly and in any Committee of experts or working group that it can create. The Director general or a staff member designated by him is ex officio Secretary of those bodies.
3), according to the International Office) the directives of the Assembly, preparing conferences for the revision of the provisions of the arrangement.
b) the International Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of review conferences.
c) the Director general and persons designated by him shall take part, without the right to vote, in the deliberations of these conferences.
4) International Bureau performs any task assigned to it.
Article 4 Finances 1)) Special Union has a budget.
(b) the budget of the Special Union) includes revenues and expenses of the Special Union, its own contribution to the budget of expenses common to the unions, as well as, where applicable, the sum made available to the budget of the Conference of the organization.
c) Are regarded as expenses of Union expenditure are not assigned exclusively to the Special Union but in equal measure to one or more other unions administered by the organization. Special Union in such common expenses is proportional to interest charges and present it to her.
2) budget of the Union shall be fixed taking into account the special requirements of coordination with the budgets of the other unions administered by the organization.
3) Special Union Budget shall be financed from the following resources: (i) fees relating to the international deposit fees and other amounts due for services made by the International Bureau on behalf of the Special Union;
() the amount obtained from the sale of publications the International Bureau concerning the Special Union, and rights relating to these publications;
(iii) donations, grants and related;
(iv) rents, interest and other miscellaneous income.
4 the amount of the fees)) referred to in paragraph 1. 3) (i) shall be fixed by the Assembly on the proposal of the Director general.
(b) This rate is fixed) so that the proceeds of the Special Union coming from fees and other sources of revenue to allow at least cover the costs of the International Bureau who are interested in special Union.
c) if the budget is not adopted before starting a new budgetary period, the budget of the previous year is renewed, in accordance with procedures laid down in the financial regulation.
5. Notwithstanding paragraphs 1 and 2). 4)), the total amount of the fees and other amounts due for services made by the International Bureau on behalf of the Special Union shall be fixed by the Director general, who shall draw up a report to the Assembly in this regard.
6) to possess a special Union) Revolving Fund constituted by the excess receipts and, if such excess does not reach through a single vărsămînt, performed by each country of the Special Union. If the Fund becomes insufficient, the Assembly shall act by the majority of it.
b) total amount of initial strenghths of each varsamintului to the quote above to its participation in the majority of it is proportional to the contribution of this country, as a member of the Paris Union for the protection of industrial property to the budget of the said Union for the year in which the Fund is established or the increase is decided.
(c) the proportion and the ways) vărsămînt are fixed by the Assembly on the proposal of the Director general and with the approval of the Coordination Committee of the organization.
7) of the Headquarters Agreement), concluded with the country on whose territory the Organization has its headquarters, provides that, if the Revolving Fund is insufficient, this country to pay advances. The amount of these advances and the conditions on which they are granted shall be the subject, in each case, be the subject of separate agreements between the country and the organization.
b) endorsed the Country subalin. 7)) and the organization each have the right to terminate an undertaking to grant advances, by written notification. The denunciation takes effect three years after the end of the year in which it was notified.
8) Checking accounts is insured in accordance with procedures laid down by the financial regulation, by one or more countries of the Special Union or by external auditors, who are appointed by the Assembly, with their consent.
Article 5 amendments to art. 2-5-1) proposed amendments to this complementary act may be presented by any country member of the Assembly, or by the Director general. These proposals are communicated to the latter by member countries of the Assembly at least six months prior to examination.
2 any amendment endorsed at) para. 1) adopted by the Assembly. The adoption of required three-fourths of the votes cast; However, any amendment to article 24(2). 2 and this paragraph shall require four-fifths of the votes cast.
3 any amendment endorsed at) para. 1) shall enter into force one month after the receipt by the Director general of notifications of acceptance, effected by in accordance with their respective constitutional rules, from three-fourths of the countries members of the Assembly at the time the amendment was adopted. Any amendment thus accepted legal norms of all countries members of the Assembly at the time the amendment enters into force, or which become members thereof at a subsequent date.
Article 6 Amendments to the Act of 1934 and the addendum from 1961 1) References in the Act) in 1934, at the International Bureau of industrial property at Berne, at the International Bureau at Berne or the International Bureau are considered as raportindu the International Bureau as defined in article 2. 1 of this complementary act.
(b) Article 15 of the Act) from 1904 is repealed.
c) any change in the implementing regulation referred to in article 1. 20 of the 1934 Act shall be effected in accordance with the procedure prescribed by art. 2 (2). 2)) (iii) and 3). d). d) in article 11. 21 of the 1934 Act the words "revised in 1928" are substituted by the words "for the protection of literary and artistic works".
e) References in article. 22 of the 1934 Act, article 30. 16, 16 bis and 17 bis of the "General Convention" are considered to be raportindu to the provisions. The Stockholm Act of the Paris Convention for the protection of industrial property which, in the Stockholm Act mentioned above, corresponding to art. 16, 16 bis and 17 bis acts concluded before the Paris Convention.
2) any modification of the charges), referred to in art. 3 of the additional Act of 1961, is carried out in accordance with the procedure laid down in article 21. 22). a) (iii) and 3). d). b) para. 1) of art. 4 of the additional Act of 1961, as the words "when the reserve fund has reached this amount" in paragraph 1. 2) article mentioned, are repealed.
(c) references in article). 6 paragraph 1. 2 of the Act) in addition, article 30 of 1961. 16 and 16 bis of the Paris Convention for the protection of industrial property are considered to be raportindu to the provisions of the Stockholm Act, correspond to articles 81 and 82. 16 and 16 bis of the acts concluded before the Paris Convention.
(d) References in paragraph 1). 1) and of article 3). 7 of the additional Act of 1961, the Government of the Swiss Confederation are considered as raportindu the Director-general.
Article 7 Amendments Act of 1960 1) References in the 1960 Act, the Office of the International Union for the protection of industrial property or at the International Bureau are considered as raportindu the International Bureau as defined in article 10. 1 of this complementary act.
2) Art. 19, 20.21 and 22 of the Act from the 1960s are repealed.
3 References in the Act) in the 1960s, the Government of the Swiss Confederation are considered as raportindu the Director-general.
in article 4). 29 of the 1960 Act, the words "periodical" (paragraph 1) and the "International Committee of design" (para. 2) are suppressed.
Article 8 Ratification of this complementary act; adhering to the same act 1) countries before) on January 13, 1968, have ratified the Act of 1960, as well as countries which have acceded to at least one of these acts, may sign and ratify this complementary act or may join him.
b ratification of this complementary act) or joining it, by a country which is bound by the 1934 Act without being bound by the Act and the 1961 additional Act, the ratification of the additional Act automatic or automatic membership in 1961.
2) instruments of ratification and accession are deposited with the Director-general.
Article 9 entry into force of this act with respect to a complementary 1) five countries which have deposited their instruments of early ratification or accession, this complementary act shall enter into force three months after deposit of the fifth instrument of ratification or accession.
2) in respect of any other country, this complementary act shall enter into force three months after the date on which the ratification or accession has been notified by the Director general, where once the rear was not indicated in the instrument of ratification or accession. In the latter case, this act shall enter into force, with respect to this country, when so indicated.
Article 10 Automatic Acceptance of certain provisions by certain countries subject to article 1). 8 and para. Next, any country which has not ratified the 1934 Act or who has not joined becomes linked to the addendum of 1961 and of art. 1-6 of this complementary act, starting from which its adherence to the Act of 1934 takes effect: However, if at this date this complementary act has not yet entered into force, under the terms of art. 9 para. 1 it's not country) related to the abovementioned articles of this complementary act than starting with the entry into force of this last act, under the terms of art. 9 para. 1). 2) Under the name of art. 8 and para. precedent, any country which has ratified the 1960 Act or who adhered to it gets through art. 1-7 of this complementary act from the date on which the instrument of ratification or accession thereto shall enter into force; However, if at that date this complementary act has not yet entered into force pursuant to article 4. 9 para. 1), this country is not linked to articles of this complementary act than starting with the entry into force of this last act, pursuant to art. 9 para. 1. Article 11) signature, etc. of this complementary act 1)) this complementary act shall be signed in a single copy in the French language, and deposited with the Government of Sweden.
(b) Official Texts) are established by the Director general, after consultation with the interested Governments, in the other languages which the Assembly will be able to index them.
2) this complementary act remain open for signing at Stockholm until January 13, 1968.
3) the Director general shall transmit two copies, certified by the Government of Sweden, of the signed text of this complementary act to the Governments of all countries of the Special Union and, on request, to the Government of any other country.
4) the Director general shall register this complementary act with the Secretariat of the United Nations.
5) the Director general will notify the Governments of all countries of the Special Union of signatures, deposits of instruments of ratification or accession, entry into force and any other appropriate notification.
Article 12 transitional Clause until the entry into service of the first director-general, references in this additional act to the International Bureau of the organization or to the Director general are considered to be raportindu to the Bureau of the Union established by the Paris Convention for the protection of industrial property or to the directory.