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Law No. 44 Of 28 April 1992

Original Language Title:  LEGE nr. 44 din 28 aprilie 1992

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LEGE No. 44 of 28 April 1992 for the accession of Romania to the Hague Agreement on the international warehouse of drawings and industrial models, dated 6.11.1925, with subsequent amendments and completions
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 95 of 15 May 1992



+ Article 1 Romania accedes to the Hague Agreement on the International Depository of Industrial Drawings and Designs, dated 6 November 1925, revised by the Hague Act of 28 November 1960, supplemented by the Complementary Act of Stockholm of 14 July 1967, Amended on 2 October 1979. + Article 2 The State Office for Inventions and Trademarks will perform in Romania the duties and procedures provided for in the arrangement. + Annex 1 THE HAGUE ACT (Translation) 28 28 November 1960 + Article 1 1) The contracting states are set up in the Special Union for the International Depository of Drawings and Industrial Models. 2) Only the 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, it must be understood by: -The 1925 Arrangement-The Hague Arrangement on the International Depository of Industrial Drawings or Models of 6 November 1925; -The 1934 Arrangement-The Hague Arrangement relating to the International Depository of Industrial Drawings or Models, dated 6 November 1925, revised in London on 2 June 1934; -this arrangement-The Hague arrangement relating to the international repository of industrial designs, as follows from this Act; -Regulation-Implementing Regulation of this Agreement; -International Office-Office of the International Union for the Protection of Industrial Property; -international deposit-a deposit made in addition to the International Bureau; -national deposit-a deposit made in addition to the national administration of a contracting state; -multiple deposit-a deposit containing several drawings or models; -State of origin of an international deposit-the contracting State in which the applicant has an effective and serious industrial or commercial undertaking or, if the applicant has such undertakings in several contracting countries, that of the the Contracting States which it has designated in application; if it does not have such an undertaking in a Contracting State, the State in which it is domiciled; if it is not domiciled in a Contracting State of which it is a national; -State which carries out the examination of novelty-a state whose national legislation provides for a system containing a prior ex officio research and examination carried out by its national administration and which have as its object the novelty of the drawings or models filed. + Article 3 The resortants of the contracting or personal states who, without being nationals of one of those States, are domiciled or have an effective and serious industrial or commercial enterprise in the territory of one of those States, may submit Drawings or models to the International Bureau. + Article 4 1) The international deposit can be made at the International Office; 1 1-direct or 2-through the national administration of a contracting state, if the legislation of this state allows it. 2) The national legislation of any Contracting State may require any international deposit for which this State is considered a State of origin to be presented through its national administration. Failure to comply with such provision shall not affect the effects of international storage in the other Contracting States + Article 5 1) The international deposit shall include an application, one or more photographs or any other graphic representations of the design, as well as the proof of payment of the fees provided for by the Regulation. 2) The application contains: 1-the list of Contracting States in which the applicant requests that the international warehouse produce its effects 2-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, indication of the date, state and number of the deposit giving rise to the right of priority; 4-any other information provided for by the Regulation. 3 a) The application may contain: 1-a brief description of the characteristic elements of the design; 2-a statement indicating the name of the true author of the design; 3-an application for postponement of publication as provided for in art. 6 6 para. 4. b) Copies or layouts of the object to which the drawing is incorporated or the model may also be attached to the application. 4) A multiple deposit may contain several drawings or models intended to be incorporated into objects that appear in the same class of the international classification of designs, referred to in art. 21 21 para. 2 2) figure 4. + Article 6 1) International Bureau holds the International Register of Drawings and Models and proceeds with the registration of international deposits. 2) The international deposit is considered as having been drawn up on the date on which the International Office received the application after all legal forms, the fees payable once with the request and the photographs or any other graphic representations of its drawing the model or, if they were not received simultaneously on the date on which the last of these formalities was fulfilled. Registration carries the same date. 3 a) For each international deposit, the International Office shall publish in a regular bulletin: 1-reproductions in black and white or, at the request of the applicant, color reproductions, photographs or any other graphic representations submitted; 2-the date of international deposit; 3-information provided for by the Regulation b) The international bureau must send the periodic bulletin to national administrations as soon as possible. 4) a) Publication provided in par. 3 3) lit. a) is, at the request of the applicant, postponed during the period required by him. This period may not exceed a period of 12 months starting with the date of the international deposit. However, if a priority is claimed, the start date of this period is the priority date. b) During the period referred to in lett. a) above, the applicant may, at any time, request immediate publication or withdraw its deposit The withdrawal of the deposit may be limited only to one or more Contracting States and, in the case of multiple deposit, to a part of the drawings or models contained in that warehouse. c) If the applicant does not pay within the time limits laid down the duties imposed before the expiry of the a) above, the International Office shall proceed to the deletion of the warehouse and shall not make the publication in par. 3 3) lit. a). d) Pina at the expiry of the period referred to in a) above, the International Bureau shall keep secret the registration of a deposit accompanied by an application for deferred publication and the public may not be aware of any document or object relating to that deposit. These provisions shall apply without time limitation, even if the applicant has withdrawn the deposit before the expiry of that period. 5 5) Except in the cases provided in par. 4), the public may become aware of the register, as well as of all documents and objects submitted to the International Office. + Article 7 1 1) a) Any deposit registered with the International Office shall produce, in each of the Contracting States designated by the applicant in its application, the same effects, only if all the formalities provided for by the national law for obtaining protection have been fulfilled by the applicant and only if the administrative acts provided for in this purpose have been completed by the administration of that State. b) Subject to provisions of art. 11, the protection of designs which are the subject of a deposit registered with the International Office shall be governed in each of the Contracting States by the provisions of the national law applicable, in that State, to drawings or industrial models whose protection is claimed on the way of the national deposit and for which all formalities have been completed and all administrative acts have been completed. 2) The international deposit shall not take effect in the State of origin if that State does not provide for it. + Article 8 1) Despite the provisions of art. 7, the national administration of a Contracting State, whose national legislation provides for the refusal of protection as a result of an administrative examination ex officio or as a result of opposing a third party, must, in the event of refusal, make known, in a months, the International Bureau, that the design does not meet the requirements that this legislation requires in addition to the formalities and administrative acts provided for in art. 7 7 para. 1 1). If the refusal is not notified within 6 months, the international warehouse shall produce its effects in that State starting with the date of this deposit. However, in any contracting state examining the novelty, if no refusal has been notified, within the 6-month period, the national deposit, while maintaining its priority, shall take effect in that State with the expiry of the time limit. above, only if the national legislation does not provide for an earlier date for deposits drawn up by its national administration. 2) The term of 6 months provided in par. 1 1) must be calculated from the date on which the national administration received the number of the periodic bulletin in which the registration of the international deposit was published. The national administration must make this date known upon request of any third parties. 3) The applicant has the same means of appeal against the rejection decision from the national administration referred to in par. 1 1) as if they had submitted their design to this administration; in any case, the decision of refusal must be subject to review or appeal. Notification of the decision shall indicate: 1-the reasons for determining that the design does not meet the requirements of the national law; 2-the date provided in par. 2 2); 3-the time limit granted for a review or an appeal; 4-the authority to which this application or appeal may be addressed. 4) a) The national administration of a contracting state whose national legislation provides for provisions of the nature of those provided in par. 1) and who ask for a statement indicating the name of the creator of the drawing or the pattern, or a description of that drawing or pattern, may require that, within a period that may not be less than 60 days beginning from the sending of the application in this effect, through this administration, the applicant shall transmit, in the language in which the application submitted to the International Bureau was drawn up: 1-a statement indicating the true creator of the design; 2-a brief description that emphasizes the essential characteristic elements of the design as they appear in photographs or other graphic representations. b) No charge shall be levied by the national administration for the remission of such declaration or description, or for their eventual publication through the care of this administration. 5) a) Each of the Contracting States, whose national legislation provides for provisions of the nature of those provided in par. 1), must inform the International Office about this b) If the legislation of a Contracting State provides for several systems for the protection of drawings or models and if one of these systems provides a novelty examination, the provisions of this arrangement, relating to states that practice such exam, shall not apply, except in respect of this system. + Article 9 If the international deposit of the design is drawn up within a period of 6 months from the first deposit of the same drawing or model in one of the Member States of the International Union for the Protection of Industrial Property and if the priority is claimed for the international deposit, the priority date is that of the first deposit. + Article 10 1. The international deposit may be renewed every 5 years by a single payment, during the last year of each 5-year period, of the renewal fees fixed by the Regulation. 2 2) Through the payment of a surcharge established by the Regulation, a 6-month warranty period is granted for the renewals of the international deposit. 3) at the time of payment of the renewal fees must indicate the number of the international deposit and, if the renewal does not have to be carried out for all contracting states in which the deposit is on the point of expiring, those states where the renewal must be carried out. 4) The renewal may be limited only to a part of the drawings or models contained in the multiple deposit. 5) The international bureau shall record and publish the renewals + Article 11 1 1 a) The duration of protection granted by a Contracting State to the designs which have been the subject of an international deposit may not be less than: 1 1-10 years starting with the date of the international deposit, if this deposit was the subject of a renewal; 2-5 years with effect from the date of the international deposit in the absence of a renewal. b) However, if, by virtue of the provisions of the national legislation of a contracting state examining the novelty, the protection begins at a date back to that of the international warehouse, the minimum durations provided in lett. a) are calculated taking into account the point of flow of protection in that state. The fact that the international deposit is renewed only once does not carry out the minimum duration of the protection thus defined. 2 2. If the legislation of a Contracting State provides, for drawings or models which have been the subject of a national deposit, a protection whose duration, with or without renewal, is more than 10 years, a protection with an equal duration shall be granted in this state on the basis of international deposit and renewals on drawings or models which have been the subject of an international deposit. 3 3) Any contracting state may, in its national law, limit the duration of the protection of drawings or models that have been the subject of an international deposit to the durations provided in par. 1 1). 4 4) Subject to the provisions of par. 1 1) lit. b), the protection ends, in the contracting states, at the expiry date of the international deposit, only if the national legislation of these states does not have the protection to continue after the expiry date of the international deposit. + Article 12 1) The international office must record and publish any change affecting the property of a drawing or model that is the subject of an international deposit in force. It is understood that the transfer of property may be limited to rights arising from the international deposit only in one or more contracting states and, in the case of multiple deposit, only to a part of the drawings or models contained in that deposit. 2) registration provided in par. 1 1) produce the same effects as if it had been carried out by the national administrations of the Contracting States. + Article 13 1) The holder of an international deposit may, by means of a declaration addressed to the International Bureau, waive his rights for all Contracting States or only for a certain number of them and, in the case of multiple deposit, only for a part of the drawings and areas and models contained therein. 2) The international bureau records the declaration and publishes it. + Article 14 1) A Contracting State may not require, for the recognition of the right, that a sign or mention of the depot of the design be placed on the object which represents this drawing or model. 2) If the national legislation of a Contracting State provides for the application of a special mention for any other purpose, that State shall consider this requirement as satisfied if all objects presented to the public with the authorization of the holder the right to the design, or the labels with which these objects are provided bears the international special mention. 3) Must be considered as an international special mention symbol D (letter capital D in a circle) accompanied either: 1-indicating the year of the international deposit and the name or usual abbreviation of the applicant's name, or 2 2-the international deposit number. 4 4) The mere application of the international special mention on objects or labels may in no way be construed as involving the waiver of protection or of copyright or any other title when, in the absence of such an indication, this protection can be obtained. + Article 15 b) The fees provided for by the Regulation include 1-fees for the International Bureau; 2-charges for Contracting States designated by the applicant, namely a) a fee for each of the Contracting States; b) a fee for each of the Contracting States conducting the examination of the novelty and involves paying a fee to carry out this examination 2) For a same deposit, the taxes paid for a contracting state, by virtue of the provisions of par. 1 1) figure -2-lit. a), are low from the total amount of the tax provided in par. 1 1) figure -2-lit. b), when this last tax becomes compulsory for that State. + Article 16 1 1) Taxes for the contracting states provided for in art. 15 15 para. 1), the figure-2-shall be charged by the International Office which, each year, shall be charged to the Contracting States designated by the applicant. 2) a) Any Contracting State may declare to the International Bureau that it waives to ask for the additional duties provided for in 15 15 para. 1 1) figure -2-lit. a) in respect of international deposits for which other contracting States which have subscribed to the same waiver shall be regarded as States of origin. b) He may subscribe to the same waiver in respect of the international deposit for which he is recognized State of origin. + Article 17 The implementing regulation fixes the details of the application of this arrangement and in particular: -1-the languages and the number of copies in which the application of the deposit must be made, and the particulars which the application must contain; -2-the amounts, dates of maturity and payment of fees for the International Bureau and States, including the limitations imposed on the tax provided for in the Contracting States carrying out an examination of the novelty; -3-the number, format and other characteristics of other graphic representations of each of the drawings or models submitted; -4-length of the description of the characteristic elements of the design; -5-the limits and conditions in which the specimens or layouts of objects representing the objects representing the design may be annexed to the application; -6-the number of drawings or models that may be contained in the multiple deposit and other provisions referring to the multiple deposit; -7-any problem regarding the publication or distribution of the periodic bulletin, provided in art. 6 6 para. 3 3) lit. a), including the number of copies of the bulletin that are given free of charge to national administrations, as well as the number of copies that may be sold at a reduced price to these administrations -8-procedure for the notification by the contracting states of the refusal decisions provided for in art. 8 8 para. 1), as well as the procedure for communicating and publishing decisions through the care of the International Bureau -9-the conditions in which the registration and publication of the changes that make the property of a drawing or model provided for in art. 12 12 para. 1), as well as the waivers provided in art. 13 13; -10-the destination given to documents and objects related to deposits that are no longer susceptible to renewal. + Article 18 The provisions of this arrangement do not preclude the application of broader provisions, which would be granted by the national law of a Contracting State, and in no way affect the protection afforded to artistic works and works of art applied, through international treaties and conventions, on copyright. + Article 19 The fees of the International Office, paid for services provided for in this Agreement, must be fixed as follows a) their income to cover all expenses of the international service of drawings and models, as well as all expenses that are required by the preparation and organization of the meeting of the International Committee of Drawings or Models or of conferences reviewing this arrangement; b) allow the maintenance of the reserve fund provided for in art. 20. + Article 20 1) is a reserve fund, the ceiling of which amounts to 250,000 Swiss francs. It can be modified by the International Committee of Drawings or Models, provided for in art. 21 21 below. 2) The reserve fund consists of the collection surpluses from the international service of drawings and models. 3 3 a) However, since the entry into force of this Agreement, the reserve fund shall be constituted by means of each State from a single levy, calculated for each of them, according to the number of units corresponding to the class to which the belongs to him, in accordance with art. 13 13 para. 8 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 equally a single fee. This will be calculated according to the principles formulated in the above paragraph in such a way that all states, whatever the date when they become parties to the arrangement, pay the same contribution per unit. 4 4) If the total amount of the reserve fund exceeds the projected ceiling, the surplus will be periodically distributed to the contracting states, in proportion to the single fee paid by each of them, up to the total amount of this levies. 5) When the single contributions have been fully refunded, the International Committee of Drawings or Models may decide to no longer be required of the single contributions of the states that will subsequently become parties to the arrangement. + Article 21 1) An International Committee of Drawings or Models made up of representatives of all contracting states was created. 2. This committee shall have the following tasks -1-establishes the internal rules; -2-amend the implementing regulation; -3-changes the ceiling of the reserve fund provided in art. 20 20; -4-establishes the international classification of drawings and models; -5-studies problems regarding the application and the possible revision of this arrangement; -6-studies all other problems regarding the international protection of designs; -7-pronounces on the annual management reports of the International Bureau and gives general directives to this office on the exercise of its functions by virtue of this arrangement; -8 -8-establishes a report on the foreseeable expenditure of the International Bureau for each triennial period following. 3 3) The decisions of the committee shall be taken by a majority of four fifths of the members present or representatives and who vote in the cases provided for in the figures -1-, -2-, -3-and -4-par. 2 2) and with the simple majority in all other cases. Abstention is not considered as a vote. 4) The Committee is convened by the Director of the International Bureau -1 -1-at least once every 3 years; -2-at any time, at the request of a third party between the Contracting States, or, in case of need, at the initiative of the Director of the International Bureau or of the Government 5 5) The transport and accommodation costs of the members of the committee shall be charged to their governments. + Article 22 1) The Regulation may be amended by the Committee by virtue of Article 21 21 para. 2) figure -2-or by written procedure provided in par. 2 2) below. 2) In case of recourse to the written procedure, the amendments are proposed by the Director of the International Bureau by circular letter addressed to all contracting states. The amendments are considered to be adopted if, within one year of their communication, no contracting state made known its opposition. + Article 23 1 1) This arrangement remains open for signature until December 31, 1961. 2) He will be ratified and the instruments of ratification will be filed under the Government of the Netherlands. + Article 24 1) The Member States of the International Union for the Protection of Industrial Property, which have not signed this Agreement, shall be admitted to accede to it. 2) This accession will be notified diplomatically to the Government of the Swiss Confederation and, thereby, to the governments of all Contracting States. + Article 25 1) Any Contracting State undertakes to ensure the protection of industrial drawings and models and to adopt, according to its constitution, the necessary measures for the application of this arrangement. 2. At the time of the deposit of its instrument of ratification or accession, a Contracting State must be able, in accordance with its national law, to order that the provisions of this Agreement produce effects. + Article 26 1 1) This Agreement 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, of the notification of the deposit of the ten instruments of ratification or accession, of the which at least the four states which, at the date of this arrangement, are neither parties to the arrangement of 1925 nor to the Arrangement of 1934. 2) Therefore, the deposit of the instruments of ratification and accession will have to be notified to the contracting states by the Government of the Swiss Confederation. Such ratification and accession will take effect on the expiry of one month from the date of sending these notifications only if, in the case of accession, no later date has been indicated in the instrument of accession. + Article 27 Any contracting state may, at any time, notify the Government of the Swiss Confederation that this arrangement is applied to all or part of the territories for which it provides international relations. The Government of the Swiss Confederation informs about this all contracting states and the arrangement applies equally to the territories designated in the notification, one month after the sending of the communication made by the Government of the Swiss Confederation Contracting States, only if no rear notification date has been indicated. + Article 28 1) Any Contracting State shall have the possibility to cancel the present arrangement on its own behalf or on behalf of all or part of the territories that would have been subject to the notification provided for in art. 27, by a notification to the Government of the Swiss Confederation. This cancellation shall take effect on the expiry of the one-year period following its receipt by the Government of the Swiss Confederation. 2) The cancellation of this arrangement by a Contracting State does not revoke the obligations it has contracted with respect to the designs that have been the subject of an international record before the date on which the cancellation becomes effective. + Article 29 1 1) This arrangement will be subject to periodic reviews, in order to introduce improvements of a nature to improve the protection resulting from the international repository of designs. 2) The revision conferences shall be convened at the request of the International Committee of Drawings or Models or at least of the majority of the Contracting States. + Article 30 1) Several contracting states may at any time notify the Government of the Swiss Confederation that, under the conditions specified by this notification: -1-a joint administration shall be replaced by the national administration of each of them; -2 -2-must be considered as a single state for the application of art. 2 2-17 of this arrangement. 2) This notification may only take effect after 6 months from the date of sending the communication which is made by the Government of the Swiss Confederation to the other Contracting States. + Article 31 1) Only this arrangement binds, in their mutual relations, the States Parties at the same time to this Agreement and to the Arrangement of 1925 or to the Arrangement of 1934. However, those States will be obliged, within the framework of mutual relations, to apply the provisions of the 1925 Arrangement or those of the 1934 Arrangement, as the case may be, to the designs submitted to the International Office prior to the date This arrangement links them in their mutual relations. 2 2 a) Any State Party, at the same time, to this Agreement and to the Arrangement of 1925 shall be bound to comply with the provisions of the 1925 Arrangement in its relations with States which are parties only to the Arrangement of 1925, only if That State did not denounce the 1925 Arrangement. b) Any State Party, at the same time, to this Agreement and to the Agreement of 1934 shall be bound to comply with the provisions of the 1934 Agreement in its relations with States which are parties only to the Arrangement of 1934, only if That State did not denounce the 1934 Arrangement. 3) States which are parties only to this arrangement shall have no obligation to the States which are parties to the Arrangement of 1925 or to the Arrangement of 1934, without being parties, at the same time, to this Agreement. + Article 32 1 1) The signing and ratification of the present arrangement by a State party, at the date of this Agreement, at the Arrangement of 1925 or at the Arrangement of 1934, as the accession to the present arrangement of such a State shall be considered as signing and ratification of the Protocol annexed to this Agreement or accession to that Protocol, only if that State has not subscribed to an express statement otherwise, during the signature or deposit of its instrument of accession. 2) Any contracting state, which subscribed to the declaration provided in par. 1 1), or any other Contracting State which is not party to the Arrangement of 1925 or the Arrangement of 1934, may sign the Protocol annexed to this Agreement or accede to it. During the signing or filing of its instrument of accession, he may declare that he does not consider himself bound by the provisions of paragraph 2 2) a) or para. 2 2) b) of the Protocol; in this case, the other States Parties to the Protocol shall not be obliged to apply, in their relations with the State which made use of this right, the provision which was the subject of this declaration. Art. 23 23-28 inclusive applies by analogy + Article 33 This act will be signed in a single copy, which will be submitted to 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 that signed the present arrangement or that acceded to it. PROTOCOL The States Parties to this Protocol have agreed on the following: 1. The provisions of this Protocol shall apply to designs which are the subject of an international deposit and for which one of the States Parties to that Protocol shall be considered as State of origin. 2. As regards the drawings or models provided in par. 1 1 above: a) the duration of the protection granted by the States Parties to this Protocol to the drawings or models provided in 1 above may not be less than 15 years from the date provided for in art. 11 11 para. 1 1 a) or b), as applicable; b) the application of a reserve term on the objects to which the drawings or models are incorporated or on the labels with which these objects are provided may in no case be required by the States Parties to this Protocol, or for exercising, in their territory, the right arising from the international deposit, or for any other purpose. + Annex 2 THE COMPLEMENTARY ACT OF STOCKHOLM (translation) of 14 July 1967, Amended on 2 October 1979 + Article 1 Definitions For the purposes of this complementary act, it must be understood, by the Act of 1934, the act signed in London on 2 June 1934 of the Hague Agreement on the international deposit of industrial drawings and models; -The 1960 Act, the act signed at The Hague, on 28 November 1960, of the Hague Arrangement on the International Depository of Industrial Drawings and Models; -The 1961 addendum, the act signed in Monaco on 18 November 1961, in addition to the Act of 1934; -Organization, World Intellectual Property Organization; -International Bureau of Intellectual Property; -Managing Director, Director-General of the Organization; -Special Union, the Union of The Hague, created by the arrangement of The Hague on 6 November 1925 on the international warehouse of drawings and industrial models and maintained by the Acts of 1934 and 1960 and by the Additional Act of 1961, as in the present Complementary act. + Article 2 Assembly 1. a) The special Union shall have a meeting composed of the countries which have ratified the present act or acceded to it. b) The government of each country is represented by a delegate, who can be assisted by alternates, advisers and experts. c) The expenses of each delegation shall be borne by the government that designated it. 2 2 a) the Assembly: ((i) treat all matters concerning the maintenance and development of the Special Union and the application of its arrangement (ii) give the International Office directives on the preparation of the review conferences, taking into account the legal observations of the countries of the Special Union which have not ratified the present act or have not acceded to it; ((iii) amend the implementing regulation and fix the amount of charges relating to the international repository of industrial drawings and models; ((iv) examine and approve the reports and activities of the Director-General relating to the Special Union and give him useful directives on the problems of the Special Union ((v) fix the programme, adopt the special Union budget and approve the winding-up accounts; ((vi) adopt the Financial Regulation of the Special Union; ((vii) create committees of experts and working groups which they consider useful in achieving the objectives of the Special Union; (viii) decide which Member States of the Special Union and which are international non-governmental and intergovernmental organisations which may be admitted to its meetings as observers; (ix) adopt the amendments art. 2-5 2-5; (x) undertake any other appropriate action in order to achieve the objectives of the Special Union; ((xi) shall be paid by any other tasks involved in this complementary act. b) On issues of equal interest and other unions administered by the organization, the assembly shall state the manner in which the opinion of the Coordination Committee of the organization may be taken. 3) a) Each member country of the assembly shall have one vote. b) Half of the member countries of the assembly constitute the quorum. c) With all the provisions of subparagraphs b), if, during a session, the number of the represented countries is less than half, but equal to or above one-third of the members of the assembly, it may take the decisions; however, the decisions of the assembly Except those who look at the procedure, they do not become enforceable until the conditions set out below are fulfilled. The international office shall communicate the decisions mentioned to the members of the assembly which were not represented, inviting them to express in writing, within 3 months counting from the date of communication, their vote or their abstention. If at the expiry of this period the number of countries which have thus expressed their vote or abstention is at least equal to the number of countries lacking for the majority in the quorum to be reached during the session, the said decisions shall become executors provided that, at the same time, the majority required to remain dobindita. d) Subject to art. 5 5 para. 2, the decisions of the assembly are taken by a majority of two thirds of the votes cast e) Abholding is not considered as a vote. f) A delegate may represent only one country and shall vote only on its behalf. g) The countries of the special Union which are not members of the assembly shall be admitted to these meetings as observers. 4) a) The Assembly shall meet once every 2 years in ordinary session, at the convocation of the Director-General and, in addition to exceptional cases, during the same period and in the same place as the General Assembly of the Organization. b) The Assembly shall meet in extraordinary session on the basis of a convocation of the Director-General, at the request of a quarter of the Member States c) The agenda of each session is prepared by the Director General. 5) The Assembly shall adopt its internal rules + Article 3 International Bureau 1) a) The tasks related to the international warehouse of industrial drawings, as well as other administrative tasks assigned to the Special Union are provided by the International Bureau. b) The international bureau shall prepare the meetings in particular and shall ensure the secretariat of the assembly and the committees of experts and the working groups which the assembly may set up. c) The Director-General is the highest official of the Special Union and represents it. 2. The Director-General and any staff member appointed by him shall take part, without the right to vote, at all meetings of the assembly and at any committee of experts or working group which it may create. The Director-General or a staff member appointed by him shall be, ex officio, secretary of those bodies. 3) a) The International Bureau, in accordance with the directives of the assembly, shall prepare the conferences for revision of the arrangements b) The international office may consult intergovernmental and international non-governmental organizations on the preparation of the review conferences. c) The Director-General and the persons appointed by him shall take part, without the right to vote, to the deliberations of 4) The international office shall perform any other task assigned to it. + Article 4 Finance 1. a) The special Union shall have a budget. b) The budget of the Special Union shall include the revenue and expenditure of the Special Union, its contribution to the expenditure budget common to the unions, and, where appropriate, the amount made available to the budget of c) They shall be regarded as common expenditure of the Union expenditure which is not exclusively attributed to the special Union, but equally to one or more other unions administered by the organisation. The part of the Special Union in these common expenditure shall be proportionate to the interest that such expenditure presents to it. 2) The budget of the Special Union is fixed taking into account the coordination requirements with the budgets of other unions managed by the organization. 3) The special Union budget shall be financed by the following resources ((i) charges relating to the international deposit and fees and amounts due for other services made by the International Office on behalf of the Special Union; (ii) the amount obtained from the sale of the publications of the International Office on the Special Union and the rights attached thereto (iii) donations, related and subsidies; (iv) rents, interest and other miscellaneous income. 4 a) The amount of the taxes referred to in par. 3 3. (i) shall be fixed by the assembly at the proposal of the Director General b) This amount shall be such that the proceeds of the special Union from taxes and other sources of revenue may at least cover the expenditure of the International Office which interests the special Union. c) If the budget is not adopted before a new budget period begins, the budget of the previous year shall be renewed, in accordance with the arrangements provided for in the Financial Regulation. 5 5) Subject to the provisions of paragraph 4 4. a), the total amount of the fees and amounts due for other services made by the International Office on behalf of the Special Union shall be fixed by the Director-General, who shall draw up an assembly report to that effect. 6 a) The special union shall possess a bearing fund consisting of the proceeds of collection and, if such surpluses do not, by a single point of age, be made by each country of the special union. If the fund becomes insufficient, the assembly decides most of it. b) The total amount of the initial payment of each country to the fund quoted above of its participation in its majority is proportional to the contribution of this country, as a member of the Paris Union for the protection of property industrial, to the budget of the union referred to for the year during which the fund is constituted or the increase is decided c) The proportion and modalities of varsamint are fixed by the assembly, at the proposal of the Director-General and with the consent of the Coordination Committee 7) a) The headquarters agreement, concluded with the country on whose territory the organization is based, provides that, if the bearing fund is insufficient, this country shall grant advances. The total amount of these advances and the conditions under which they are granted shall be subject, in each case, of separate agreements between the country concerned and the organisation. b) The country concerned in subpar. 7 7) a) and the organization have, each, the right to denounce the commitment to grant advances, by written notice. The denunciation takes effect 3 years after the end of the year during which it was notified. 8 8) The verification of the accounts shall be ensured, according to the modalities provided by the Financial Regulation, by one or more countries of the Special Union or by external controllers, who are designated by the assembly, with their consent. + Article 5 Amendments to art. 2-5 1 1) The proposals for amendment to this complementary act may be submitted by any member country of the assembly or by the Director-General. These proposals shall be communicated by the latter to the Member States of the assembly at least 6 months before they are examined. 2) Any change referred to in par. 1 1) is adopted by the assembly. The necessary adoption three-fourths of the votes cast; however, any amendment of art. 2 2 and this paragraph shall require four fifths of the votes cast. 3) Any change referred to in par. 1) shall enter into force one month after the receipt by the Director General of written notices of acceptance, carried out in accordance with their respective constitutional rules, from three quarters of the member countries of the assembly, at the time of which the amendment was adopted. Any change thus accepted legally all the countries that are members of the assembly when the amendment enters into force, or which become members of it at a later date. + Article 6 Amendments to the Act of 1934 and the Additional Act of 1961 1) a) The references, in the Act of 1934, to the International Bureau of Industrial Property in Bern, to the International Office of Bern or to the International Office are considered as referring to the International Bureau as defined in art. 1 1 of this complementary act. b) Article 15 of the Act of 1904 is repealed. c) Any amendment to the implementing regulation referred to in art. 20 of the Act of 1934 is carried out according to the procedure prescribed by art. 2 2 para. 2 2) a) (iii) and 3) lit. d). d) In art. 21 of the Act of 1934 the words "revised in 1928" are replaced by the words "for the protection of literary and artistic works". e) References, in art. 22 of the 1934 Act, in art. 16, 16 bis and 17 bis of the "General Convention" are considered as referring to the provisions. The Stockholm Act of the Paris Convention for the Protection of Industrial Property which, in the Stockholm Act mentioned above, corresponds to art. 16, 16 bis and 17 bis of the acts concluded before the Paris Convention. 2) a) Any change in taxes, referred to in art. 3 of the Additional Act of 1961, shall be carried out according to the procedure provided by art. 22 22) lit. a) (iii) and 3) lit. d). b) Paragraph 1) of art. 4 of the Additional Act of 1961, as well as the words "when the reserve fund reached this amount", from par. 2) of the said article, are repealed. c) References, in art. 6 6 para. 2) of the Additional Act of 1961, in art. 16 and 16 bis of the Paris Convention for the Protection of Industrial Property are considered as referring to the provisions of the Stockholm Act, correspond to art. 16 and 16 bis of the acts concluded before the Paris Convention. d) References, in par. 1 1) and 3) of art. 7 of the Additional Act of 1961, at the Government of the Swiss Confederation are considered as referring to the Director General. + Article 7 Amendments to the 1960 Act 1 1) References in the 1960 act, at the Office of the International Union for the Protection of Industrial Property or at the International Bureau are considered as referring to the International Bureau as defined in art. 1 1 of this complementary act. 2) Article 19, 20.21 and 22 of the 1960 Act are repealed. 3 3) The references, in the 1960 Act, to the Government of the Swiss Confederation are considered as referring to the Director-General. 4) In art. 29 of the 1960 Act, the words "periodical" (para. 1 1) and of the "International Committee of Drawings or Models" (para. 2 2) are suppressed. + Article 8 Ratification of this complementary act; adherence to the same act 1 1) a) The countries which, before 13 January 1968, have ratified the 1960 Act, as well as the countries which have acceded to at least one of these acts, may sign and ratify this complementary act or may accede to it. b) Ratification of this complementary act or accession to it, by a country that is bound by the Act of 1934, without being also bound by the Additional Act of 1961, carries the automatic ratification of the Additional Act of 1961 or automatic accession to This. 2 2) The instruments of ratification and accession shall be submitted to the Director General. + Article 9 Entry into force of this complementary act 1 1) With regard to the 5 countries which have deposited their first instruments of ratification or accession, this complementary act shall enter into force 3 months after the deposit of the 5th instrument of ratification or accession. 2 2) Concerning any other country, this complementary act shall enter into force 3 months after the date on which ratification or accession was notified by the Director-General, if a posterior date was not indicated in the instrument of ratification. or accession. In the latter case, this Act shall enter into force on that date on the date on which it is indicated. + Article 10 Automatic acceptance of certain provisions by certain countries 1 1) Subject to art. 8 8 and par. next, any country that has not ratified the Act of 1934 or that has not adhered becomes related to the Additional Act of 1961 and to art. 1-6 of this complementary act, beginning with the date on which its accession to the Act of 1934 takes effect: however, if on this date this complementary act has not yet entered into force, according to the terms of art. 9 9 para. 1) this country is not related to the mentioned articles of this complementary act than starting with the entry into force of this last act, according to the terms of art. 9 9 para. 1 1). 2 2) Under the name art. 8 8 and par. precedent, any country that has not ratified the Act of 1960 or that has not joined it becomes by art. 1-7 of this complementary act beginning with the date on which the ratification of the act or its accession to it shall enter into force; however, if on this date this complementary act has not yet entered into force pursuant to art. 9 9 para. 1 1), this country is not related to the articles of this complementary act than starting with the entry into force of this last act, pursuant to art. 9 9 para. 1 1). + Article 11 Signature, etc. of this complementary act 1 1) a) This complementary act is signed in a single copy, in French, and submitted to the Government of Sweden. b) The official texts are determined by the Director General, after consulting the interested governments, in other languages that the assembly will be able to indicate. 2 2) This complementary act remains open to signing in Stockholm, until 13 January 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, upon request, to the government of any 4 4. The Director-General shall record this complementary act with the Secretariat of the United Nations. 5. The Director-General shall 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 complementary act, to the International Office of the Organization or to the Director-General shall be regarded as referring to the office of the Union established by the Paris Convention. for the protection of industrial property or its director.