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

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0.232.121.12 original text Stockholm complementary to the Hague Agreement concerning the international deposit of industrial designs, concluded in Stockholm on 14 July 1967 Act approved by the Federal Assembly on December 2, 1969, Instrument of ratification deposited by the Switzerland on January 26, 1970, entered into force for the Switzerland on 27 September 1975 (State on March 19, 2007) art. 1 [definitions] in the sense of this complementary Act, is meant by: "1934 Act", the Act signed at London on June 2, 1934, of the Hague Agreement concerning the international deposit of industrial designs;
"1960 Act", the Act signed at the Hague on November 28, 1960, of the Hague Agreement concerning the international deposit of industrial designs, "1961 additional Act", the Act signed at Monaco on November 18, 1961, additional to the 1934 Act, 'Organization', the world Organization of intellectual property, "International Office", the international Bureau of intellectual property, "Director-general". the Director general of the Organization;
"Special union", the Hague Union, founded by the Hague Agreement of November 6, 1925, concerning the international deposit of industrial designs, and maintained by the 1934 and 1960 acts and the additional act of 1961, as well as by this complementary Act.

RS RS RS 0.232.121.11 0.232.121.2 0.232.121.1 [RS 11 983] art. 2 [Assembly] 1) has) the Special Union shall have an Assembly consisting of the countries that have ratified this Act or have adhere.b) the Government of each country is represented by one delegate, who may be assisted alternates, advisers and experts.c) the expenses of each delegation are supported by the Government which has designee.2) has) the Assembly: i) deals with questions about the maintenance and development of the Special Union and the application of its Arrangement; ii) gives to the international Bureau of the guidelines for the preparation of the review conferences, account having due regard to comments from the countries of the Special Union which have not ratified this Act or have not signed iii) modifies the regulations and fixed the amount of the fees for the filing of industrial designs; iv) review and approve the reports and activities of the Director general concerning the Special Union gives him all useful guidelines on the issues the competence of the Special Union; v) stops the program, adopt the biennial budget of the Special Union, and approve its final accounts, vi) adopt the financial regulations of the Special Union; vii) creates the committees of experts and working groups as it deems useful to the achievement of the objectives of the Special Union; viii) decides what are non-members 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 articles 2 to 5; x) take any other appropriate action designed to further the objectives of the Special Union; xi) performs all other tasks involved in this complementary Act.

(b) on the issues that interest also to other Unions administered by the Organization, the Assembly statue having considered the opinion of the Committee for coordination of the expenses.3) a) each country member of the Assembly has a voix.b) one-half of the countries members of the Assembly constitutes the quorum.c) Notwithstanding the provisions of subparagraph (b), if, during a session, the number of countries represented is less than one-half but equal to or greater than one third of the countries members of the Assembly It can make decisions; However, the decisions of the Assembly, with the exception of those concerning its procedure, become binding only when the following conditions are met. The international Bureau communicates the decisions to the countries members of the Assembly which were not represented, inviting them to express in writing, within a period of three months from the date of the communication, their vote or abstention. If, at the expiry of this period, the number of countries having thus expressed their vote or abstention is at least equal the number of countries which was lacking so that a quorum was present at the session, the decisions become binding, provided that at the same time the required majority still acquise.d) subject to the provisions of section 5.2), decisions of the Assembly are taken by a majority of two thirds of the votes exprimes.e) the abstention is not considered as a vote.f) a delegate may represent one country only and may vote in the name of this 14(2)(g)) countries of the Special Union which are not members of the Assembly are admitted to its meetings as observateurs.4) a) Assembly meets once every two years in regular session, at the invitation of the Director general and, except in exceptional circumstances, during the same period and at the same place as the General Assembly of the Organisation.b) the Assembly shall meet in extraordinary session (upon convocation by the Director general, at the request of one-fourth of the countries members of the Assemblee.c) the agenda of each session shall be prepared by the Director general.5). the Assembly shall adopt its rules of procedure.

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

Art. 3 [international bureau] 1) has) tasks related to the international deposit of industrial designs as well as other administrative tasks incumbent on the Special Union are handled by the international.b Office) in particular, the international Bureau shall prepare the meetings and shall provide the secretariat of the Assembly and of the committees of experts and working groups that it can create.c) Director general is the Chief Executive of the Special Union and shall represent.

(2) the Director general and any of the staff designated by him participate, without the right to vote, in all meetings of the Assembly and any Committee of experts or working group that it can create. General manager or a member of the staff designated by him is ex officio Secretary of these bodies.
(3) (a) the international Bureau, as directed by the Assembly, prepares the conferences of revision of the provisions of the Arrangement.b) the international Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of revision.c conferences) the Director general and persons designated by him participate, without the right to vote, in the deliberations in these conferences.

(4) the international Bureau perform all other tasks assigned to him.

Art. 4 [finance] 1) has) the Special Union shall have a budget.b) the budget of the Special Union include the income and expenses proper to the Special Union, its contribution to the budget of expenses common to the Unions, as well as applicable, the sum made available to the budget of the Conference of the has) are considered to be expenses common to the Unions which are not assigned exclusively to the Special Union but also to one or more other Unions administered by the organization. The part of the Special Union in such common expenses is proportional to the relevance these expenses to it.

(2) the budget of the Special Union is stopped due to the requirements of coordination with the budgets of the other Unions administered by the organization.
((3) the budget of the Special Union is funded by the following resources: i) relating to the international filing date and the fees and charges due for other services rendered by the international Bureau in relation to the Special Union; ii) the proceeds of the sale of the publications of the international Bureau concerning the Special Union and the rights attached to these publications, iii) donations (((((((, bequests and grants, iv) rents, interests and other income divers.4) has) the amount of fees referred to in paragraph 3) i) is fixed by the Assembly on the proposal of the Director general.b) this amount is fixed in such a way that the revenues of the Special Union from fees and other sources of income at least to cover the expenses of the international Bureau interesting Union particuliere.c allow) in the event that the budget is not adopted before the beginning of a new fiscal year, the budget of the previous year is renewed, as provided in the financial regulations.

((5) subject to the provisions of clause 4) has), the amount of fees and charges due for other services rendered by the international Bureau in respect of the particular Union is fixed by the Director general, who reported to the Assembly.

(6) a) the Special Union has working capital constituted by the surplus of revenue and, if such surpluses did not suffice, by a single payment made by each country of the Special Union. If the Fund becomes insufficient, the Assembly decides to his augmentation.b) the amount of the initial payment of each country to the said fund or of its participation in the increase thereof is proportional to the contribution of that 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 decidee.c) the proportion and the terms of payment shall be adopted by (the Assembly, on the proposal of the Director general and after consultation with the Committee for coordination of the Organisation.7) has) the headquarters agreement concluded with the country on whose territory the Organization has its headquarters provides that, if the Working Capital Fund is insufficient, this country allowed advances. (The amount of these advances and the conditions in which they are granted are, in each case, agreements between the countries concerned and the Organisation.b) the country referred to in subparagraph a) and the organization each have the right to denounce the commitment to grant advances with notice in writing. The denunciation shall take effect three years after the end of the year during which it has been notified.

(8) the auditing of the accounts is ensured, according to the modalities provided for in the financial regulation, by one or more countries of the Special Union or by external controllers, which are, with their consent, appointed by the Assembly.

Art. 5 [changes to articles 2 to 5] 1) amendments to this complementary Act may be submitted by any country member of the Assembly, or by the Director general. These proposals are communicated by the latter to countries members of the Assembly at least six months prior to seeking review of the Assembly.
(2) any modification referred to in paragraph 1) is adopted by the Assembly. Adoption requires the three quarters of the votes cast; However, any change of article 2 and paragraph requires four fifths of the votes cast.
(3) any amendment referred to in paragraph 1) comes into force one month after the receipt by the Director general of the written notifications of acceptance, effected in accordance with their constitutional rules respective, on the part of the three quarters of countries that were members of the Assembly at the time the amendment was adopted. Any amendment thus accepted binding on all countries that are members of the Assembly at the time when the amendment comes into force, or which become members at a later date.

Art. 6 [changes to the 1934 Act and the 1961 additional Act] 1) was) references, in the Act of 1934, to the "international Bureau of industrial property at Berne", to the "Berne international" or the "international Bureau" are to be considered as referring to the international Bureau as defined in article 1 of this Act complementaire.b) article 15 of the 1934 Act is abroge.c) any amendment of the regulations referred to in article 20 of the 1934 Act is made According to the procedure prescribed by article 2.2) has) iii) and 3) d) .d) 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, in articles 16, 16 and 17 of the"General Convention"are to be considered as relating to those provisions of the Stockholm Act of the Paris Convention for the protection industrial property which, in the said Stockholm Act, correspond to articles 16, 16 and 17 of the past actions of the Paris.2 Convention) has) any change to the fees referred to in article 3 of the additional act of 1961 is done according to the procedure prescribed by article 2.2) has) iii) and 3) d) .b) paragraph 1) of article 4 of the additional act of 1961 (((, along with the words "when the reserve fund has reached this amount" paragraph 2) of that article, are abroges.c) the references in section 6.2) of the 1961 additional Act, sections 16 and 16 of the Paris Convention for the protection of industrial property are to be considered as relating to those provisions of the Stockholm Act of the said Convention which (((, in the Stockholm Act, correspond to articles 16 and 16 of the past actions of the Paris.d Convention) the references in paragraphs 1) and 3) article 7 of the additional act of 1961, the Government of the Swiss Confederation are to be considered as referring to the Director general.

Art. 7 [changes to the 1960 Act] 1) the references in the 1960 Act, at the 'Office of the International Union for the protection of industrial property"or to"The international Bureau"are to be considered as referring to the international Bureau as defined in article 1 of this complementary Act.
(2) sections 19, 20, 21 and 22 of the 1960 Act are repealed.
(3) references in the 1960 Act, the Government of the Swiss Confederation are to be considered as referring to the Director general.
((4) in article 29 of the 1960 Act, words "periodical" (paragraph 1) and "of the international Committee of the designs or" (section 2) are deleted.

Art. 8 [ratification of this complementary Act; the same Act membership] 1) has) countries which, before January 13, 1968, have ratified the 1934 Act or the 1960 Act, as well as the countries that have joined one at least of those acts, may sign and ratify this complementary Act or may y adherer.b) ratification of this complementary Act , or accession to it, by a country which is bound by the 1934 Act without being bound also by the additional act of 1961 has automatic ratification of the additional act of 1961, or automatic accession to it.

(2) the instruments of ratification and accession are deposited with the Director general.

Art. 9 [entry into force of this additional Act] 1) of five countries that have, first, deposited their instruments of ratification or accession, this complementary Act shall come into force three months after the deposit of the fifth instrument of ratification or accession.
(2) respect to any other country, this complementary Act comes into force three months after the date on which its ratification or accession was 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 comes 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 the 1934 Act or has not adhered becomes bound by the additional act of 1961 and by items 1 to 6 of this complementary Act from the date on which its accession to the 1934 Act takes effect. ((However, if at this date this complementary Act has not yet entered into force under the terms of article 9.1), so this country becomes bound under the said articles of this complementary Act only from the entry into force of this last act under the terms of article 9.1).
(2) subject to section 8 and of the preceding paragraph, any country which has not ratified the 1960 Act or has not adhered becomes bound by articles 1 to 7 of this complementary Act from the date to which the 1960 Act ratification or accession to it take effect, however, if at this date this complementary Act has not yet entered into force under the terms of article 9. (1), so this country becomes bound by the said articles of this complementary Act only from the entry into force of this last act under the terms of article 9. (1) art. 11 [signature, etc., of this complementary Act] 1) has) this complementary Act is signed in a single copy in the French language and deposited with the Government of the Suede.b) official texts are established by the Director general, after consultation with the interested Governments, in other languages as the Assembly may indicate.

(2) this complementary Act remains open for signature, at Stockholm until January 13, 1968.
(3) the Director general shall forward two copies, certified compliant 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 shall notify the Governments of all countries of the Special Union signatures, deposits of instruments of ratification or accession, entry into force and any other appropriate notification.

Art. 12 [transitional provision] scope on March 19, 2007


Until the entry into office of the first Chief Executive, the references in this complementary Act, to the Bureau of the organization or to the Director general are considered as referring respectively to the Bureau of the Union established by the Paris Convention for the protection of industrial property, or his Director.
In faith of what, the undersigned, duly authorized to that effect, have signed this supplementary Act.
Done at Stockholm, 14 July 1967.
(Follow signatures)

Scope of application on 19 March 2007, States parties Ratification, accession (A) entry into force Albania 19 February 2007 has March 19, 2007 Germany 19 June 1970 September 27, 1975 Belgium 22 February 1979 28 May 1979 Belize June 12, 2003 July 12, 2003 Benin 2 October 1986 has 2 January 1987 Bulgaria 11 November 1996 11 December 1996 Korea (North) April 15, 1992 to May 27, 1992 Ivory Coast 26 April 1993 has 30 May 1993 Croatia 12 January 2004 February 12, 2004 France 2 May 1975 A September 27, 1975 Guadeloupe 2 May 1975 A September 27, 1975 (French) Guyana may 2, 1975 September 27, 1975 islands of Wallis - and - Futuna 2 May 1975 September 27, 1975 Martinique 2 May 1975 September 27, 1975 New Caledonia may 2, 1975 September 27, 1975 French Polynesia 2 May 1975 was September 27, 1975 meeting may 2, 1975 September 27, 1975 St. Pierre and Miquelon 2 May 1975 has 27 September

1975 Austral lands and French Antarctic 2 May 1975 to September 27, 1975 Gabon 19 July 2003 August 18, 2003 Georgia July 1, 2003 August 1, 2003 Greece 18 March 1997 has 18 April 1997 Hungary March 7, 1984 April 7, 1984 Italy 11 May 1987 has 13 August 1987 Kyrgyzstan 17 February 2003 March 17, 2003 Liechtenstein 21 February 1972 September 27, 1975 Luxembourg 22 February 1979 has 28 May 1979 Macedonia February 18, 1997 18 March 1997 Mali 7 August 2006 September 7, 2006 Morocco September 13, 1999 13 October 1999 Moldova 14 February 1994 has 14 March 1994 Monaco June 27, 1975 September 27, 1975 Mongolia 12 March 1997 April 12, 1997 Montenegro 25 November 1993 3 June 2006 Niger 20 August 2004 has 20 September 2004 Netherlands 22 February 1979 28 May 1979 Romania 17 June 1992 at July 18, 1992 Senegal 30 May 1984 A June 30, 1984

Serbia 25 November 1993 30 December 1993 Slovenia 12 December 1994 January 13, 1995 Switzerland January 26, 1970 September 27, 1975 Suriname 16 November 1976 has 23 February 1977 Ukraine 28 May 2002 has 28 August 2002 RO 1975 1598; FF 1968 II 917 of the titles have been added to the articles of the complementary Act in order to facilitate reading; the original text, contains no titles.
Art. 1 c. FY Dec 2 6. 1969 (RO 1970 601) a version of the update scope is published on the web site of the FDFA (http://www.eda.admin.ch/eda/fr/home/topics/intla/intrea/dbstv.html).

State on March 19, 2007

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