Advanced Search

RS 0.232.121.12 Complementary Act of Stockholm of July 14, 1967, to the Hague Agreement Concerning the International Deposit of Industrial Designs

Original Language Title: RS 0.232.121.12 Acte complémentaire de Stockholm du 14 juillet 1967 à l’Arrangement de la Haye concernant le dépôt international des dessins ou modèles industriels

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.232.121.12

Original text 1

Stockholm Act complementary to the Hague Agreement Concerning the International Deposit of Industrial Designs

Conclu at Stockholm on 14 July 1967
Approved by the Federal Assembly on December 2, 1969 2
Instrument of ratification deposited by Switzerland on 26 January 1970
Entered into force for Switzerland on 27 September 1975

(Status on 19 March 2007)

Art. 1 [Definitions]

For the purposes of this Complementary Act, the following shall be understood:

"1934 Act", the Act signed in London on June 2, 1934 1 The Hague Agreement Concerning the International Deposit of Industrial Designs;

"1960 Act", the Act signed at The Hague on November 28, 1960 2 The Hague Agreement Concerning the International Deposit of Industrial Designs,

"Additional Act of 1961", the Act signed in Monaco on November 18, 1961 3 Additional to the 1934 Act,

"Organization" means the World Intellectual Property Organization,

"International Bureau", the International Bureau of Intellectual Property,

"Director General", the Director-General of the Organization;

"Special Union", the Hague Union, established by the Hague Agreement of 6 November 1925 4 Concerning the international deposit of industrial designs, and maintained by the 1934 and 1960 Acts, and by the Additional Act of 1961, and by this Complementary Act.


Art. 2 [Assembly]
1) (a)
The Special Union shall have an Assembly composed of the countries which have ratified or acceded to this Act.
(b)
The Government of each country is represented by one delegate, who may be assisted by alternate delegates, advisors and experts.
(c)
The expenses of each delegation shall be borne by the Government which has appointed it.
2 (a)
The Assembly:
(i)
Deals with all matters concerning the maintenance and development of the Special Union and the application of its Agreement;
(ii)
Gives the International Bureau guidelines for the preparation of revision conferences, taking due account of the comments of the countries of the Special Union that have not ratified or acceded to this Act,
(iii)
Amend the Regulations and fix the amount of fees relating to the international deposit of industrial designs;
(iv)
Review and approve the reports and activities of the Director-General relating to the Special Union and give him all relevant guidance on matters relating to the competence of the Special Union;
(v)
Adopts the programme, adopts the biennial budget 1 Of the Special Union and shall approve its closing accounts,
(vi)
Adopt the Financial Regulations of the Special Union;
(vii)
Establish the committees of experts and working groups that it considers relevant to the achievement of the objectives of the Special Union;
(viii)
Decide which countries are not members of the Special Union and which intergovernmental and international non-governmental organizations may be admitted to its meetings as observers;
(ix)
Adopt the amendments to Articles 2 to 5;
X)
Undertake any other appropriate action to achieve the objectives of the Special Union;
(xi)
Carry out all other tasks involved in this Complementary Act.
(b)
On matters which are also of interest to other Unions administered by the Organization, the Assembly shall decide on the opinion of the Coordination Committee of the Organization.
3 (a)
Each country member of the Assembly shall have one vote.
(b)
One half of the countries that are members of the Assembly shall constitute a quorum.
(c)
Notwithstanding the provisions of subparagraph (b), if, at a session, the number of countries represented is less than one-half but equal to or more than one-third of the member countries of the Assembly, the latter may make decisions; however, the decisions Of the Assembly, with the exception of those concerning its procedure, shall become enforceable only when the conditions set out below are met. The International Bureau shall communicate the said decisions to the countries members of the Assembly which were not represented, by inviting them to express in writing, within three months from the date of the said communication, their vote or Abstention. If, at the end of that period, the number of countries that have thus expressed their vote or abstention is at least equal to the number of countries that were not present for the quorum to be attained at the session, such decisions shall become enforceable, Provided that, at the same time, the necessary majority remains.
(d)
Subject to Article 5 (2), decisions of the Assembly shall be taken by a two-thirds majority of the votes cast.
(e)
Abstentions shall not be considered as a vote.
(f)
A delegate may represent only one country and may vote only on behalf of that country.
(g)
The countries of the Special Union which are not members of the Assembly shall be admitted to its meetings as observers.
4) (a)
The Assembly meets once every two years 2 In ordinary session, upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of the Organization.
(b)
The Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of a quarter of the member countries of the Assembly.
(c)
The agenda for each session shall be prepared by the Director General.
5)
The Assembly shall adopt its rules of procedure.

1 New content according to the 2 Oct amendments. 1979, in force for Switzerland since 3 Nov 1980 (RO 1983 1091).
2 New content according to the 2 Oct amendments. 1979, in force for Switzerland since 3 Nov 1980 (RO 1983 1091).

Art. 3 [International Bureau]
1) (a)
Tasks relating to the international deposit of industrial designs and other administrative tasks of the Special Union shall be performed by the International Bureau.
(b)
In particular, the International Bureau prepares the meetings and provides the secretariat of the Assembly and the committees of experts and working groups it may create.
(c)
The Director-General shall be the most senior official of the Special Union and shall represent it.

(2) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly and any committee of experts or working groups that it may create. The Director General or a staff member designated by him shall be ex officio secretary of those bodies.

3 (a)
The International Bureau, as directed by the Assembly, prepares the conferences of revision of the provisions of the Agreement.
(b)
The International Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of revision conferences.
(c)
The Director General and the persons designated by him shall participate, without the right to vote, in the proceedings in those conferences.

(4) The International Bureau shall carry out any other tasks assigned to it.

Art. 4 [Finance]
1) (a)
The Special Union has a budget.
(b)
The budget of the Special Union shall include the revenue and expenditure specific to the Special Union, its contribution to the budget of the expenses common to the Unions, and, where appropriate, the amount made available to the budget of the Conference of The Organization.
(c)
Expenses which are not exclusively attributable to the Special Union but also to one or more other Unions administered by the Organization shall be considered as expenses common to the Unions. The share of the Special Union in these common expenses shall be in proportion to the interest that these expenses show for it.

(2) The budget of the Special Union shall be adopted taking into account the requirements of coordination with the budgets of the other Unions administered by the Organization.

(3) The budget of the Special Union shall be financed by the following resources:

(i)
Fees relating to international filing and fees and charges due for other services rendered by the International Bureau in respect of the Special Union;
(ii)
The product of the sale of the publications of the International Bureau concerning the Special Union and the rights relating to those publications,
(iii)
Gifts, bequests and grants,
(iv)
Rents, interest, and other miscellaneous income.
4) (a)
The amount of the fees referred to in paragraph (3) (i) shall be fixed by the Assembly on the proposal of the Director General.
(b)
This amount shall be fixed in such a way that the income of the Special Union from taxes and other sources of income shall at least cover the expenses of the International Bureau of interest to the Special Union.
(c)
In the event that the budget is not adopted before the start of a new financial year, the budget for the previous year shall be renewed in accordance with the rules laid down in the Financial Regulation.

(5) Subject to the provisions of paragraph (4) (a), the amount of fees and amounts due for other services rendered by the International Bureau under the Special Union shall be fixed by the Director General, who shall report it to the Assembly.

6 (a)
The Special Union shall have a working capital fund constituted by surplus income and, if such surpluses are not sufficient, by a single payment made by each country of the Special Union. If the fund becomes insufficient, the Assembly decides on its increase.
(b)
The amount of the initial payment of each country to the said fund or its participation in the increase thereof shall be proportionate to the contribution of that country, as a member of the Paris Union for the Protection of Industrial Property, to the The budget of the said Union for the year in which the fund is set up or the increase decided.
(c)
The proportion and terms of payment shall be adopted by the Assembly, on the proposal of the Director General and after the advice of the Coordination Committee of the Organization.
7 (a)
The headquarters agreement with the country on whose territory the Organization has its headquarters provides that, if the working capital fund is insufficient, the country shall grant advances. The amount of such advances and the conditions under which they are granted shall, in each case, be the subject of separate agreements between the country concerned and the Organization.
(b)
The country referred to in subparagraph (a) and the Organization shall each have the right to denounce the undertaking to grant advances by written notification. Denunciation shall take effect three years after the end of the year in which it was notified.

(8) Account verification shall be carried out, in accordance with the arrangements laid down in the Financial Regulation, by one or more countries of the Special Union or by external auditors, who shall, with their consent, be appointed by the Assembly.

Art. 5 [Amendments to Articles 2 to 5]

(1) Proposals for the amendment of this Complementary Act may be submitted by any country member of the Assembly or by the Director General. These proposals shall be communicated by the Assembly to the Member States of the Assembly at least six months before being submitted to the Assembly for consideration.

(2) Any amendment referred to in paragraph (1) shall be adopted by the Assembly. Adoption shall require three-fourths of the votes cast; however, any amendment to Article 2 and to this paragraph shall require four-fifths of the votes cast.

(3) Any amendment referred to in paragraph (1) shall enter into force one month after the receipt by the Director General of written notifications of acceptance, effected in accordance with their respective constitutional requirements, of the three-fourths share Countries that were members of the Assembly at the time the amendment was adopted. Any amendment thus accepted shall bind all countries which are members of the Assembly at the time when the amendment enters into force or become members at a later date.

Art. 6 [Amendments to the 1934 Act and the Additional Act of 1961]
1) (a)
References in the 1934 Act to the " International Bureau of Industrial Property in Berne ", au" International Bureau of Berne " Or " International Bureau " Are to be considered as relating to the International Bureau as defined in Article 1 of this Complementary Act.
(b)
Section 15 of the 1934 Act is repealed.
(c)
Any amendment of the Regulations referred to in Article 20 of the 1934 Act shall be effected in accordance with the procedure prescribed in Article 2 (2) (a) (iii) and (3) (d).
(d)
In Article 21 of the 1934 Act, the words "revised in 1928" are replaced by the words "for the protection of literary and artistic works".
(e)
References in Article 22 of the 1934 Act to Articles 16, 16 Bis And 17 Bis The "General Convention" shall be deemed to relate to those of the provisions of the Stockholm Act of the Paris Convention for the Protection of Industrial Property which, in the said Stockholm Act, correspond to Articles 16, 16 Bis And 17 Bis Of earlier Acts of the Paris Convention.
2 (a)
Any modification of the fees referred to in Article 3 of the Additional Act of 1961 shall be effected in accordance with the procedure prescribed in Article 2 (2) (a) (iii) and (3) (d).
(b)
Paragraph (1) of Article 4 of the Additional Act of 1961, together with the words "when the reserve fund has reached that amount" in paragraph (2) of that Article, shall be repealed.
(c)
References in Article 6 (2) of the Additional Act of 1961 to Articles 16 and 16 Bis Of the Paris Convention for the Protection of Industrial Property shall be regarded as relating to those of the provisions of the Stockholm Act of the said Convention which, in the Stockholm Act, correspond to Articles 16 and 16 Bis Of earlier Acts of the Paris Convention.
(d)
References, in paragraphs (1) and (3) of Article 7 of the Additional Act of 1961, to the Government of the Swiss Confederation are to be considered as relating to the Director General.
Art. 7 [Amendments to the 1960 Act]

(1) References in the 1960 Act to the "Bureau of the International Union for the Protection of Industrial Property" or to the "International Bureau" shall be regarded as relating to the International Bureau as defined in Article 1 of the Present Complementary Act.

(2) Sections 19, 20, 21 and 22 of the 1960 Act are repealed.

(3) References in the 1960 Act to the Government of the Swiss Confederation shall be regarded as relating to the Director General.

(4) In Article 29 of the 1960 Act, the words "periodical" (paragraph (1)) and "the International Design Committee or" (paragraph (2)) shall be deleted.

Art. 8 [Ratification of this Complementary Act; Accession to the same Act]
1) (a)
Countries which, before January 13, 1968, have ratified the 1934 Act or the 1960 Act, as well as those countries which have acceded to at least one of those 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 which is bound by the 1934 Act without also being bound by the Additional Act of 1961, includes the automatic ratification of the Additional Act of 1961, or accession Automatic to this one.

(2) Instruments of ratification and accession shall be deposited with the Director General.

Art. [Entry Into Force of this Complementary Act]

(1) In respect of the five countries which have, first, deposited their instruments of ratification or accession, this Complementary Act shall enter into force three months after the 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 its ratification or accession has been notified by the Director General, unless a later date has been indicated in The instrument of ratification or accession. In the latter case, this Act shall enter into force, with respect to that country, on the date thus indicated.

Art. 10 [Automatic Acceptance of Certain Provisions by Certain Countries]

(1) Subject to Article 8 and the following paragraph, any country which has not ratified or acceded to the 1934 Act becomes bound by the Additional Act of 1961 and by Articles 1 to 6 of this Complementary Act from the date on which Its accession to the 1934 Act takes effect-however, if, on that date, this Complementary Act has not yet entered into force under the terms of Article 9 (1), then that country shall not become bound by those Articles of this Complementary Act From the entry into force of the latter Act under the terms of section 9.1).

(2) Subject to Article 8 and the preceding paragraph, any country which has not ratified or acceded to the 1960 Act becomes bound by Articles 1 to 7 of this Complementary Act from the date on which its ratification of the Act of 1960 or its accession to it takes effect, however, if, on that date, this Complementary Act has not yet entered into force in accordance with the terms of Article 9. (1), then that country shall become bound by those Articles of this Complementary Act only after the entry into force of that Complementary Act under the terms of Article 9. 1).

Art. 11 [Signature, etc., of this Complementary Act]
1) (a)
This Complementary Act shall be signed in a single copy in the French language and deposited with the Government of Sweden.
(b)
Official texts shall be established by the Director General, after consultation with the Governments concerned, in the other languages which the Assembly may indicate.

(2) This Complementary Act shall remain open for signature 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, upon 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 shall notify the Governments of all countries of the Special Union of the signatures, the deposit of instruments of ratification or accession, the entry into force and any other appropriate notification.

Art. 12 [Transitional clause] Scope of application on 19 March 2007

Until the entry into office of the first Director General, references in this Complementary Act to the International Bureau of the Organization or to the Director General shall be considered as relating respectively to the Office of the Union Established by the Paris Convention for the Protection of Industrial Property, or its Director.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Complementary Act.

Done at Stockholm, 14 July 1967.

(Suivent signatures)

Scope of application on 19 March 2007 3

States Parties

Ratification Accession (A)

Entry into force

Albania

19 February

2007 A

19 March

2007

Germany

19 June

1970

27 September

1975

Belgium

22 February

1979

28 May

1979

Belize

12 June

2003 A

July 12

2003

Benin

2 October

1986 A

2 January

1987

Bulgaria

11 November

1996 A

11 December

1996

Korea (North)

15 April

1992 A

27 May

1992

Côte d' Ivoire

April 26

1993 A

30 May

1993

Croatia

12 January

2004 A

12 February

2004

France

2 May

1975

27 September

1975

Guadeloupe

2 May

1975 A

27 September

1975

Guyana (French)

2 May

1975 A

27 September

1975

Wallis and Futuna Islands

2 May

1975 A

27 September

1975

Martinique

2 May

1975 A

27 September

1975

New Caledonia

2 May

1975 A

27 September

1975

French Polynesia

2 May

1975 A

27 September

1975

Meeting

2 May

1975 A

27 September

1975

Saint Pierre and Miquelon

2 May

1975 A

27 September

1975

French Southern and Antarctic Lands

2 May

1975 A

27 September

1975

Gabon

19 July

2003 A

August 18

2003

Georgia

1 Er July

2003 A

1 Er August

2003

Greece

18 March

1997 A

18 April

1997

Hungary

7 March

1984 A

7 April

1984

Italy

11 May

1987 A

13 August

1987

Kyrgyzstan

17 February

2003 A

March 17

2003

Liechtenstein

21 February

1972

27 September

1975

Luxembourg

22 February

1979 A

28 May

1979

Macedonia

18 February

1997 A

18 March

1997

Mali

7 August

2006 A

7 September

2006

Morocco

13 September

1999

13 October

1999

Moldova

February 14

1994 A

March 14

1994

Monaco

27 June

1975

27 September

1975

Mongolia

12 March

1997 A

12 April

1997

Montenegro

25 November

1993

3 June

2006

Niger

August 20

2004 A

September 20

2004

Netherlands

22 February

1979

28 May

1979

Romania

17 June

1992 A

18 July

1992

Senegal

30 May

1984 A

30 June

1984

Serbia

25 November

1993

December 30

1993

Slovenia

12 December

1994

13 January

1995

Switzerland

26 January

1970

27 September

1975

Suriname

16 November

1976 A

23 February

1977

Ukraine

28 May

2002 A

August 28

2002


RO 1975 1598; FF 1968 II 917


1 Titles have been added to the articles of the complementary act in order to facilitate their reading; the original text does not contain titles.
2 Art. 1 ch. 6 of the 2 Dec AF. 1969 (RO 1970 601)
3 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/fr/home/topics/intla/intrea/dbstv.html).


Status on 19 March 2007