Rs 0.232.121.4 Act Of July 2, 1999, Of The Hague Agreement Concerning The International Registration Of Industrial Designs

Original Language Title: RS 0.232.121.4 Acte de Genève du 2 juillet 1999 de l’Arrangement de La Haye concernant l’enregistrement international des dessins et modèles industriels

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0.232.121.4 original text Geneva Act of the Hague Agreement concerning the international registration of industrial designs, concluded in Geneva on 2 July 1999 approved by the Federal Assembly on 11 June 2001, Instrument of ratification deposited by the Switzerland on September 11, 2002, entered into force for the Switzerland on 23 December 2003 (State April 7, 2014) provisions introductory art. 1 abbreviated expressions for the purposes of this Act, is meant by i) "Hague Agreement", of the Hague Agreement concerning the international deposit of industrial designs, now called the Hague Agreement on international industrial designs registration; ii) "this Act", the Hague Agreement such that it follows from this Act; iii) "implementing regulation". ((((, the regulations under this Act; iv) "prescribed" and "regulations", respectively, prescribed by the regulations and requirements of the regulations; v) "Paris Convention", the Paris Convention for the protection of the property, signed in Paris on 20 March 1883, such as revised and amended; vi) "international registration", the international registration of an industrial design effected under this deed; vii) "international application". ((((, an application for international registration; viii) "international register", the official collection, held by the international Bureau, data on international registrations registration is required or authorized by this Act or the regulations, whatever the medium on which such data are kept; ix) "person", a natural person or a legal entity; x) "applicant", the person in whose name an international application is filed; xi) "holder". (, the person in whose name an international registration is registered in the international register; xii) "intergovernmental organization", an intergovernmental organization eligible under art. 27.1) ii) to become party to this deed; xiii) "Contracting Party", a State or an intergovernmental organization party to this Act; xiv) "Contracting Party of the filing", the Contracting Party or one of the Contracting Parties which the applicant draws his right to file an international application because it fills, with respect to the Contracting Party, at least one of the conditions set out in art. 3; where the applicant may, pursuant to art. 3, pulling his right to file an international application from several Contracting Parties, is meant by "Contracting Party of the applicant" one which, among those Contracting Parties, is indicated as such in the international application; xv) "territory of a Contracting Party", where the Contracting Party is a State, the territory of that State and, where the Contracting Party is an intergovernmental organization ((, the territory in which the constituent Treaty of that intergovernmental organization; applies xvi) "office", the agency entrusted by a Contracting Party to grant protection to industrial designs in the territory of that Contracting Party; xvii) "examining office", an office which ex officio, reviews applications for protection of industrial designs filed with him to determine (, to say the least, if these designs satisfy the condition of novelty; xviii) 'description', a request that an international registration produces its effects in a Contracting Party; This term also applies to the registration in the international register, of this request;
((((xix) "designated Contracting Party" and "designated office", respectively the Contracting Party and the office of the contracting party to which a designation applies; xx) "1934 Act", the Act signed at London on June 2, 1934, of the Hague Agreement; xxi) "1960 Act", the Act signed at the Hague on November 28, 1960, of the Hague Agreement; xxii) "1961 additional Act". (, the Act signed at Monaco on 18 November 1961, additional to the 1934 Act; xxiii) "Complementary Act of 1967", the complementary Act signed at Stockholm on 14 July 1967, as amended, of the Hague Agreement;
(xxiv) "Union", the Hague Union established by the Hague Agreement of November 6, 1925, and maintained by the 1934 and 1960 acts, the 1961 additional Act, the complementary Act of 1967 and this deed;
(xxv) "Assembly", the Assembly referred to in art. 21.1) has) or any body replacing that Assembly; xxvi) 'Organization', the world intellectual property organization;
(xxvii) "Director general", the Director-general of the Organization;
(xxviii) "international Bureau", the international Bureau of the Organization;
(xxix) "instrument of ratification", also the instruments of acceptance or approval.

RS 0.232.121.2 RS 0.232.04 [RS 11 988, RO 1971-270, 1975-1598, 1984 886, 1987-587, 2004 3885, 2009 3635. 2010 403 RO].
RS 0.232.121.2 [RO 1962 1613, 1975 1598, 1977 225, 1979 157. 2010 405 RO].
RS 0.232.121.12 RS 0.232.01 art. 2 other protection arising from the laws of Contracting Parties and certain international treaties 1) [laws of the Parties contracting and certain international treaties] the provisions of this agreement do not affect not the application of any greater protection which may be granted by the legislation of a Contracting Party and do not affect in any way the protection afforded to works of art and works of applied art by treaties and conventions International about the copyright nor the protection granted to designs and models industrial under the agreement on aspects of intellectual property rights affecting trade annexed to the agreement establishing the World Trade Organization.
(2) [obligation to comply with the Paris Convention] each Contracting Party shall comply with the provisions of the Paris Convention which concern industrial designs.

RS 0.632.20 annex 1 c chapter I international application and international registration art. 3 entitlement to file an international application is entitled to file an international application any national of a State which is a Contracting Party or of a State member of an intergovernmental organization that is a Contracting Party, or any person having his domicile, habitual residence or an industrial or commercial real and effective in the territory of another Contracting Party.

Art. (4 procedure for filing the international application 1) [direct or indirect filing] (a) the international application may be filed, at the option of the applicant, either the international Bureau or through the office of the Contracting Party of the deposant.b directly) Notwithstanding para. (a), any Contracting Party may, in a declaration, notify the Director general that it can not be filed international applications through its office.

(2) [tax of transmission in case of indirect filing] the office of any Contracting Party may require that the applicant pay him, for his own account, a tax of transmission for any international application filed through it.

Art. 5 contents of the international application 1) [mandatory contents of the international application] the international application shall be in the prescribed language or one of the prescribed languages; must be included or be attached i) a request for international registration under this Act; ii) the data required for the applicant; prescribed iii) the number of copies of a reproduction or, at the option of the applicant, of several different reproductions of the industrial design that is the subject of the international application, presented in the manner prescribed; However, when it comes to a (two-dimensional) industrial design and a request for deferment of publication is made under para. ((5), the international application may be accompanied by the prescribed number of specimens of the design rather than contain reproductions; iv) an indication of the products which constitute the industrial design or in relation to which the industrial design should be used, as prescribed; v) an indication of the Contracting Parties designated; vi) prescribed fees; vii) all other prescribed indications.

(2) [mandatory additional content of the international application] a) any Contracting Party whose office is an examining office scrutiny and whose law, at the time it becomes party to this Act, requires that an application for protection of an industrial design contain any of the elements specified in subpara. (b) for the allocation, under this legislation, a filing date to the application can notify these elements to the Director general in a declaration.b) the elements that may be notified under para. ((a) are the following: i) indications concerning the identity of the creator of the industrial design that is the subject of the application; ii) a brief description of the reproduction or of the characteristic elements of the industrial design that is the subject of the application; iii) a claim.

(c) where the international application contains the designation of a Contracting Party that has made a notification under subpara. (a), it shall also contain, in the prescribed manner, any item that has been the subject of this notification.


(3) [other possible contents of the international application] The international application may contain other items specified in the regulations or be accompanied by these.
(4) [several designs in the same international application] subject to the prescribed conditions, an international application may contain several industrial designs.
(5) [request for deferred publication] the international application may contain a request for deferment of publication.

Art. 6 priority 1) [priority claim] (a) the international application may contain a declaration claiming, under art. 4 of the Paris Convention, the priority of one or more earlier applications filed in a country party to that convention for such a country or in a member of the World Trade Organization or for a such membre.b) the regulations may provide that the declaration referred to in subpara. (a) may be made after the filing of the international application. In this case, the regulations prescribed when, at the latest, this statement can be made.

(2) [international application serving as a basis for a priority claim] has as its date of filing, the international application is set to a regular filing within the meaning of art. 4 of the Paris Convention, regardless of its outcome.

Art. 7 designation fees 1) [prescribed designation fee] the prescribed fees include, subject to para. (2), a designation fee for each Contracting Party designated.
(2) [individual designation fee] any Contracting Party whose office is an examining office and any Contracting Party that is an intergovernmental organization may, in a declaration, notify the Director general that, for any application in which it is designated, as well as for the renewal of any international registration resulting from such an international application, the prescribed designation referred to in s. fee. (1) is replaced by an individual designation fee of which the amount is indicated in the declaration and can be changed in further declarations. This amount may be fixed by the Contracting Party for the initial period of protection and for each term of renewal or for the maximum period of protection allowed. However, it may not exceed the amount equivalent to the office of the Contracting Party would have the right to receive from the applicant for a granted protection for an equivalent period to the same number of industrial designs, the amount being reduced by the amount of savings resulting from the international procedure.
(3) [transfer of designation fees] taxes designation referred to in paras. (1) and (2) are transferred by the international Bureau to the Contracting Parties in respect of which they were paid.

Art. 8 regulation 1) [examination of the international application] if the international Bureau finds that the international application does not, at the time of its receipt by the international Bureau, the conditions of this Act and the regulations, it invites the applicant to correct it within the time prescribed.
(2) [failure to regularization]) if the applicant does not give the invitation within the prescribed time limit, the international application is subject to subpara. (b), known abandonnee.b) in the case of an irregularity concerning art. 5.2) or to a special requirement notified to the Director general by a Contracting Party in accordance with the regulations, if the applicant does not give the invitation within the prescribed time limit, the international application is deemed not to contain the designation of that Contracting Party.

Art. 9 date of filing of the international application 1) [international application filed directly] where the international application is filed directly with the international Bureau, the filing date is, subject to para. (3) the date on which the international Bureau received the international application.
(2) [international application filed indirectly] where the international application is filed through the office of the Contracting Party of the applicant, the filing date is determined in the prescribed manner.
(3) [international application with certain irregularities] where, on the date on which it is received by the international Bureau, the international application contains an irregularity which is prescribed as an irregularity resulting in the postponement of the filing date of the international application, the filing date is the date on which the correction of the irregularity is received by the international Bureau.

Art. 10 international registration, date of the international registration, publication and confidential copies of the international registration 1) [international registration] the international Bureau registers each design industrial design that is the subject of international demand as soon as it is received or, where the applicant is invited to regularize the application under art. 8, receipt of the elements necessary for regularization. Recording is performed, that publication be adjourned or not under art. 11. 2) [date of the international registration] has) subject to subpara. (b), the date of the international registration is the date of filing of the application internationale.b) when, on the date on which it is received by the international Bureau, the international application contains an irregularity concerning art. (5.2), the date of the international registration is the date on which the correction of the irregularity is received by the international Bureau or, if the date of filing of the international application is later than that date, the date of filing of the international application.

(3) [publication]) the international registration is published by the international Bureau. This publication is considered in all Contracting Parties as a sufficient publicity, and no other publicity may be required of the titulaire.b). the international Bureau sends a copy of the publication of the international registration to each designated office.

(4) [maintenance of secrecy before publication] subject to para. (5) and art. (11.4) b), the international Bureau secret each international application and each international registration until publication.
((5) [confidential copies] has) immediately after registration has been completed, the international Bureau sends a copy of the international registration, as well as any statement, document or any relevant specimen accompanying the international application, to each office that informed him of his wish to receive such a copy and that has been designated in the application internationale.b) until the publication of registration by the international Bureau the Agency secret guard all international registration of which a copy was sent by the international Bureau and may use that copy only for the purpose of the review of the international registration and of applications for the protection of industrial designs filed in the Contracting Party for which it is responsible or for that Contracting Party. In particular, it may disclose the contents of such international registration to any person outside of its services other than the holder of the international registration, except for the purposes of an administrative or judicial proceedings concerning a dispute over the right to file the international application on which the international registration is based. In the case of such administrative or judicial proceedings, the content of the international registration may only be disclosed in confidence to the parties involved in the proceedings, who are required to respect the confidentiality of the disclosure.

Art. (11 deferment of publication 1) [provisions of the Contracting Parties to the deferment of publication] (a) when the legislation of a Contracting Party provides for the deferment of publication of an industrial design for a period shorter than what is prescribed, that Contracting Party shall notify the Director general, in a statement, the period of deferment autorisee.b) when the legislation of a Contracting Party does not provide for the deferment of publication of an industrial design that Contracting Party shall notify this fact to the Director general in a declaration.

(2) [deferment of publication] where the international application contains a request for deferment of publication, the publication, i) If none of the Contracting Parties designated in the international application has make a statement according to para. (1), at the expiry of the period prescribed or ii) if one of the Contracting Parties designated in the international application has made a statement according to para. (1) a), at the expiry of the period which is notified in this statement or, if several designated Contracting Parties have made such statements, at the expiry of the shortest period which is notified in their declarations.


(3) [treatment of requests for deferment where deferment is not possible under the applicable law] When the deferment of publication has been requested and any of the Contracting Parties designated in the international application has done, under para. (1) (b), a statement that the deferment of publication is not possible under its legislation, i) subject to point ii), the international Bureau shall notify that fact to the applicant; If, within the prescribed period, the applicant did not, inform in writing, the international Bureau of the withdrawal of the designation of the said Contracting Party, the international Bureau does not take into account the request for deferment of publication; ii) If, instead of containing reproductions of the industrial design, the international application was accompanied by specimens of the industrial design the international Bureau does not take into account the designation of the said Contracting Party and shall notify that fact to the applicant.

(4) [request for publication of the international registration or special authorization of access to it] has) during the period of deferment applicable under para. (2), the holder may, at any time, require the publication of a, of several or all of the designs or industrial designs which are the subject of the international registration; in such a case, the period of deferment for these designs is considered as having expired on the date of receipt of the request by the Bureau international.b) during the period of deferment applicable under para. (2) the holder may also, at any time, ask the international Bureau to provide a third party has nominated an excerpt from one, several or all of the designs or industrial designs covered by the international registration, or to authorize third party access to this or these designs.

(5) [renunciation and limitation]) if at any time during the period of deferment applicable under para. (2), the holder renounces the international registration for all designated Contracting Parties, the drawings or industrial designs covered by the international registration are not publies.b) If, at any time of the period of deferment applicable under para. (2), the holder limits the international registration, with the respect of all the designated Contracting Parties, to one or more designs or industrial designs covered by the international registration, the other drawings or industrial designs covered by the international registration shall not be published.

(6) [publication and provision of reproductions] has) the expiration of any period of deferment applicable under the provisions of this article, the international Bureau published the international registration subject to payment of the prescribed fees. If the fees are not paid in the prescribed manner, the international registration is disbarred and the publication is not effectuee.b) when the international application was accompanied by one or several specimens of the industrial design in accordance with art. (5.1) iii), the holder back to the international Bureau within the prescribed time the prescribed number of copies of a reproduction of each industrial design subject to this request. Insofar as the holder does not do so, the international registration is disbarred and publication is not performed.

Art. 12 refusal 1) [right to refuse] the office of a designated Contracting Party may, where the conditions to which the law of that Contracting Party subordinates the protection are not met with respect to one, several or all of the industrial designs covered by an international registration, refuse, partially or totally, the effects of the international registration in the territory of the said Contracting Party; However, no office may refuse, partially or totally, the effects of an international registration on the ground that the international application does not satisfy, as to its form or its content, under the legislation of the Contracting Party concerned, to the requirements which are set out in this Act or the regulations or requirements that are added or different from.
((2) [notification of refusal] (a) the refusal of the effects of an international registration is communicated within the time limit prescribed by the office to the international Bureau in a notification of refus.b) any notification of refusal indicates all of the grounds on which the refusal is based.

(3) [transmission of notification of refusal; means of appeal] (a) the international Bureau shall without delay to the owner a copy of the notification of refus.b) the holder has the same means of redress if a design or industrial design that is the subject of the international registration had been an application for protection under the law applicable to the office that communicated the refusal. These remedies include at least the possibility of a review or a review of an appeal against the refusal or refusal.

(4) [withdrawal of refusal] any refusal may be withdrawn, partially or completely, at any time by the office that communicated it.

Art. 13 special requirements concerning unity of design 1) [Notification of special requirements] any Contracting Party whose law, at the time it becomes party to this Act, requires that designs that are subject to the same application meet a rule of unity of design, unity of production or unity of use or belong to the same set of items or the same composition of items , or that only one independent and distinct design may be claimed in a single application, can notify that requirement to the Director general in a declaration. However, such a declaration does not affect the right of the applicant of an international application, even if it designates the Contracting Party that has made this statement, to include several designs in this application in accordance with art. (5.4). 2) [effect of declaration] this statement allows the office of the contracting party who has made it to refuse the effects of the international registration in accordance with art. 12.1) until he is satisfied the requirement notified by that Contracting Party.
(3) [additional fees due in case of division of a record] if, following a notification of refusal under para. (2), an international registration is divided before the office concerned to remedy a ground of refusal stated in the notification, that office has the right to charge a fee for each additional international application that would have been necessary in order to avoid that ground of refusal.

Art. 14 effects of the international registration 1) [identical effects to those of an application according to the applicable law] was from the date of the international registration, the international registration produces in each Contracting Party at least the effect as a regularly filed toward the protection of the industrial design under the law of that Contracting Party.
(2) [identical effects to those of the grant of protection under applicable law] has) in each designated Contracting Party whose office provided no refusal in accordance with art. (12, the international registration produces the same effects as the grant of protection of the design or industrial design under the law of that Contracting Party, at the latest from the date of expiry of the period during which it can communicate a refusal or, where a Contracting Party has made a declaration in this regard under the regulations, at the latest at the time specified in this declaration.b) when the office of a designated Contracting Party has communicated a refusal and a later removed this refusal, partially or totally, the international registration produces in that Contracting Party, insofar as the refusal is withdrawn, the same effect as the grant of protection of the industrial design under the law of that Contracting Party, at the latest from the date on which the refusal was retire.c design) effects conferred upon registration under this subsection apply to the designs which are the subject of This record such as they have been received from the international Bureau by the designated office or, where appropriate, as they have been modified during the procedure before that office.

(3) [declaration concerning effect of designation of the Contracting Party of the applicant] (a) any Contracting Party whose office is an examining office may, in a declaration, notify the Director general that, where the Contracting Party is that of the applicant, the designation of that Contracting Party in an international registration is without effet.b) when a Contracting Party which has made the declaration referred to in subpara. (a) is indicated in an international application as being both the party of the applicant and a designated Contracting Party, the international Bureau does not take account the designation of that Contracting Party.

Art. 15 invalidation


(1) [possibility for the holder to assert its rights] The partial or total, invalidation, by the competent authorities of a designated Contracting Party, the effects of the international registration in the territory of that Contracting Party may not be pronounced without the holder has been able to assert their rights in due time.
(2) [notification of invalidation] the office of the Contracting Party on whose territory the effects of the international registration were invalidated notifies the invalidation, when he has knowledge, to the international Bureau.

Art. (16 registration of changes and other inscriptions on international registrations 1) [registration of changes and other registrations] the international Bureau registered in the international register in the prescribed manner, i) any change in ownership of the international registration with respect to one, several or all of the designated Contracting Parties and in respect of one, for several or for all of the drawings or industrial designs which are the subject of the international registration , as long as the new owner has the right to file an international application under art. 3, ii) any change in name or address of the holder, iii) the appointment of a representative of the applicant or holder and any other relevant data regarding this agent, iv) any waiver of the holder of the international registration in respect of one, several or all of the Contracting Parties designated, v) any limitation of the international registration to one or more of the industrial designs that are the subject (, made by the holder in respect of one, several or all of the Contracting Parties designated, vi) any invalidation, by the competent authorities of a Contracting Party designated in the territory of that Contracting Party, effects of the international registration in respect of one, several or all of the industrial designs covered by this record, vii) any other relevant data specified in the regulations, concerning the rights to one, several or all of the industrial designs covered by the international registration.

((2) [effect of registration in the international register] registration referred to in points (i), ii), iv), v), vi) and vii) para. (1) has the same effect as if it had been made in the register of the office of each of the Contracting Parties concerned, except that a Contracting Party may, in a declaration, notify the Director general that an entry referred to in point i) para. (1) does not produce such effects in that Contracting Party until the office of that Contracting Party has received the statements or documents specified in the declaration.
(3) [fees] any registration made under para. (1) may give rise to the payment of a fee.
(4) [publication] the international Bureau publishes notice of any registration made under para. (1) send a copy of the publication of the notice to the office of each of the Contracting Parties concerned.

Art. 17 initial term and renewal of the registration international and duration of protection 1) [initial term of the international registration] the international registration is made for an initial period of five years from the date of the international registration.
(2) [renewal of international registration] the international registration may be renewed for additional periods of five years, in accordance with the prescribed procedure and subject to the payment of the prescribed fees.
(3) [duration of protection in designated Contracting Parties]) provided that the international registration is renewed, and subject to subpara. (b), the duration of protection in each designated Contracting Party, is 15 years from the date of registration international.b) the law of a Contracting Party designated to provide a term of protection of more than 15 years for an industrial design in which protection has been granted under this legislation, the term of protection is (provided that the international registration is renewed, the same as that provided for in the legislation of that party contractante.c) each Contracting Party shall notify the Director general, in a statement, the maximum duration of protection provided for in its law.

(4) [possibility of a limited renewal] the renewal of the international registration may be made for one, several or all of the designated Contracting Parties and for one, several or all of the industrial designs covered by the international registration.
(5) [registration and publication of renewal] the international Bureau record renewals in the international register and publish a notice about it. It sends a copy of the publication of the notice to the office of each of the Contracting Parties concerned.

Art. 18 information concerning published international registrations 1) [access to information] the international Bureau provides to anyone who makes the request, on payment of the prescribed fee, extracts from the international register, or information on the contents of the international register, for which concerns all published international registration.
(2) [exemption from legalization] extracts from the international register supplied by the international Bureau are exempt from any requirement of legalization in each Contracting Party.

Chapter II provisions administrative art. (19 Office common to several States 1) [Notification of common Office] if several States intending to become party to this Act have been completed, or if several States party to this Act agree to realize the unification of their national laws on industrial designs, they may notify the Director General i) that a common office shall be substituted for the national office of each of them (, II) that the whole of their respective territories to which the unified legislation applies shall be considered as a single Contracting Party for the purposes of art. 1, 3 to 18 and 31 of this Act.

(2) [time at which notification must be made] the notification referred to in para. (1) is made, i) in the case of States intending to become party to this Act, at the time of the deposit of the instruments referred to in art. (27.2); ii) in the case of States party to this Act, at any time after the unification of their national laws.

(3) [date of coming into effect of the notification] the notification referred to in paras. ((1) and 2) takes effect, i) in the case of States intending to become party to this Act, at the time such States become bound by the present Act; ii) in the case of States party to this Act, three months after the date of the communication that is made by the Director general to the other Contracting Parties or at any later date indicated in the notification.

Art. 20 belonging to the Union of the Hague the Contracting Parties are members of the same Union as States party to the 1934 Act or the 1960 Act.

Art. (21 Assembly 1) [Composition] has) the Contracting Parties are members of the same Assembly as the States bound by the art. (2 of the complementary Act of 1967.b) each Member of the Assembly is represented by one delegate, who may be assisted by alternates, advisers and experts, and each delegate may represent only one part contractante.c) members of the Union which are not members of the Assembly are admitted to meetings of the Assembly as observers.

((2) [functions]) has the Assembly i) deals with all matters concerning the maintenance and development of the Union and the application of this Act; ii) exercises the rights specially granted and does the tasks specially assigned under the terms of this Act or the complementary 1967 act; iii) gives the Director general of the guidelines for the preparation of the review conferences and decided on the convening of such conferences; iv) amend the regulations; v). review and approve the reports and activities of the Director general to the Union and give him all useful instructions on issues within the competence of the Union; vi) stops the program, adopt the biennial budget of the Union, and approve its final accounts; vii) adopt the financial regulations of the Union; viii) creates committees and groups of work it deems necessary to achieve the objectives of the Union; ix) subject to para. ((1) c), decides which States, intergovernmental organizations and non-governmental organizations will be admitted to its meetings as observers; x) take any other appropriate action to further the objectives of the Union and perform other useful functions under this Act.

(b) on the issues that interest also to other unions administered by the Organization, the Assembly of the statue after having read in the opinion of the coordination Committee of the organization.

(3) [quorum]

(a) one-half of the members of the Assembly which are States and have the right to vote on a given matter constitutes a quorum for the purpose of voting on this question.b) Notwithstanding the provisions of para. (a), if, during a session, the number of members of the Assembly which are States, have the right to vote on a given matter and which are represented is less than one-half but equal to or greater than one third of the members of the Assembly which are States and have the right to vote on this issue, the Assembly may 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 members of the Assembly which are States, have the right to vote on that issue and that 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, on the expiry of that period, the number of such members having thus expressed their vote or abstention is at least equal the number of members 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 obtains.

((4) [taking decisions in the Assembly] a) Assembly strives to reach its decisions by consensus.b) when it is not possible to reach a decision by consensus, the decision on the issue at hand is put to the vote. (In this case, i) each Contracting Party that is a State shall have one vote and vote only in its own name, II) any Contracting Party that is an intergovernmental organization may participate in the vote in place of its States members, with a number of votes equal to the number of its Member States which are party to this Act; any intergovernmental organization participates in the vote if any of its Member States exercises its right to vote, and vice versa.

(c) on matters concerning only States bound by art. 2 of the complementary Act of 1967, Contracting Parties which are not bound by that article have not the right to vote, whereas, on matters concerning only Contracting Parties, only the latter have the right to vote.

(5) [majorities] has) subject to art. 24.2) and 26.2), decisions of the Assembly are taken by a majority of two thirds of the votes exprimes.b) the abstention is not considered as a vote.

(6) [sessions] (a) the 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, acting Executive Director or at the request of one quarter of the members of the Assembly (, either of his own initiative.c) the agenda of each session is established by the Director general.

(7) [rules of procedure] the Assembly shall adopt its own rules of procedure.

Art. (22 international bureau 1) [administrative] (a) international registration and related duties and other administrative tasks concerning the Union is provided by the international.b Office) in particular, the international Bureau prepares the meetings and provide the secretariat of the Assembly and of the committees of experts and working groups it can create.

(2) [Director general] the Director general is the Chief Executive of the Union and represents.
3) [meetings other than sessions of the Assembly] the Director general shall convene any Committee or working group established by the Assembly and any other meeting dealing with matters of interest Union.
(4) [role of the international Bureau in the Assembly and other meetings] (a) the Director general and persons designated by the Director-general take part, without the right to vote, in all meetings of the Assembly and of the committees and working groups established by the Assembly, and of any other meeting convened by the Director general under the auspices of the Union.b) general manager or a member of the staff designated by the Director general shall be ex officio Secretary of the Assembly and committees, working groups and other meetings referred to in subpara. ((a). 5) [Conferences] has) the international Bureau, as directed by the Assembly, prepares conferences of revision.b) the international Bureau may consult with intergovernmental organizations and international and national non-governmental organizations on the preparation of these conferences.c) the Director general and persons designated by the Director-general take part, without the right to vote, in the deliberations of the review conferences.

(6) [other functions] the international Bureau performs all other tasks assigned to him in relation to this Act.

Art. ((23 finance 1) [Budget] (a) the Union shall have a budget.b) the budget of the Union include the income and expenses proper to the Union and its contribution to the budget of expenses common to the unions administered by the has) are considered to be expenses common to the unions spending that are not assigned exclusively to the Union but also to one or more other unions administered by the organization. The part of the Union in such common expenses is proportional to the relevance these expenses to it.

(2) [coordination with budgets of other unions] the budget of the Union is stopped due to the requirements of coordination with the budgets of the other unions administered by the organization.
(((((3) [sources of financing of the budget] the budget of the Union is financed from the following sources: i) fees relating to international registrations; ii) amounts due for other services rendered by the international Bureau in relation to the Union; iii) the proceeds from the sale of the publications of the international Bureau concerning the Union and the rights attached to these publications; iv) gifts (, bequests and grants; v) rents, interests and other income variety.

(4) [fixing of taxes and the amounts due; amount of budget] has) the amount of fees referred to in para. (3) i) is fixed by the Assembly on the proposal of the Director general. Amounts due referred to in para. (3-ii) are established by the Director general and are provisionally applicable until the Assembly to decide at its suivante.b session) the amount of fees referred to in para. (3-i) is fixed in such a way that the revenues of the Union from fees and other sources of income at least to cover all expenses of the international Bureau interesting the Union.c allow) in the event that the budget is not adopted before the beginning of a new financial period, the budget of the previous year is renewed, as provided in the financial regulations.

(5) [Working Capital Fund] the Union has working capital constituted by the surplus of revenue and, if these surpluses did not suffice, by a single payment made by each Member of the Union. If the Fund becomes insufficient, the Assembly decided to increase. The proportion and the terms of payment shall be adopted by the Assembly, on the proposal of the Director general.
(6) [advances by host State] has) the headquarters agreement concluded with the State on whose territory the Organization has its headquarters provided that, if the Working Capital Fund is insufficient, this State shall grant advances. The amount of these advances and the conditions in which they are granted are, in each case, of agreements between the State concerned and the Organisation.b) the State referred to in subpara. (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.

7) [auditing of accounts] the auditing of the accounts is ensured, as provided by the financial regulation, by one or more Member States of the Union or by external controllers, which are, with their consent, appointed by the Assembly.

Art. 24 regulations 1) [purpose] the regulations govern the enforcement of this Act. It includes in particular provisions i) to questions which, under the terms of this Act, must be the subject of prescriptions; ii) to points of detail intended to supplement the provisions of this Act or to all useful details for their enforcement; iii) to all requirements, questions or administrative procedures.

((2) [amendment of certain provisions of the regulations] (a) the regulations may specify that certain provisions may be amended only by unanimity or only by a majority of the four cinquiemes.b) for the requirement of unanimity or a four-fifths majority no longer applies in the future to the amendment of a provision of the regulations, unanimity is requise.c) the requirement of unanimity or a four-fifths majority to apply in the future to the amendment of a provision of the regulations, a four-fifths majority is required.


(3) [conflict between this Act and the regulations] In case of discrepancy between the provisions of this Act and the regulations, the former shall prevail.

Chapter III Revision and amendment article 25 revision of the present Act 1) [revision Conferences] this Act may be revised by a conference of the Contracting Parties.
(2) [revision or amendment of certain articles] the art. 21, 22, 23 and 26 may be amended either by a revision conference, or by the Assembly according to the provisions of art. 26. art. 26 amendment of certain articles by the Assembly 1) [proposals for amendment] (a) proposals for amendment of art. 21, 22, 23 and this article by the Assembly may be made by any Contracting Party or by the Director general.b) these proposals are communicated by the Director general to the Contracting Parties at least six months prior to seeking review of the Assembly.

(2) [majorities] adoption of any amendment of the articles referred to in para. (1) requires a three-fourths majority; However, adoption of any amendment of art. 21 or to the present paragraph requires a four-fifths majority.
(3) [entry into force]) except when para. (b) applies, any changes to the items referred to in para. (1) enter into force one month after the Director-general has received, on the part of three quarters of the Contracting Parties which were members of the Assembly at the time the amendment was adopted and who had the right to vote on this amendment, written notifications indicating acceptance of this change in accordance with their rules constitutional respectives.b) a modification of art. 21.3) or 4) or to this subparagraph does not come into force if, within six months of its adoption by the Assembly, a Contracting Party shall notify the Director general that it does not accept this modification.c) any change that comes into force in accordance with the provisions of this paragraph bind all States and intergovernmental organizations which are Contracting Parties at the time when the amendment comes into force or which become it at a later date.

Chapter IV provisions final art. 27 terms and conditions to become party to this Act 1) [eligibility] subject to the al. ((2) and (3) and art. 28, i) any State member of the organization may sign the present Act and become party to it; ii) any intergovernmental organization which maintains an office with which the protection of industrial designs may be obtained with effect in the territory where applies the Treaty of the intergovernmental organization may sign this Act and become a party to it, provided that at least one of the Member States of the intergovernmental organization is a member of the Organization and that that office has not been a notification under art. (19-2) [ratification or accession] any State or intergovernmental organization referred to in para. ((1) may file i) an instrument of ratification if it has signed this Act, ouii) an instrument of accession if it has not signed this Act.

(3) [effective date of filing date]) subject of subparas. ((b)-d), the date of effect of the deposit of an instrument of ratification or accession is the date on which that instrument is depose.b) the date of taking effect of the deposit of the instrument of ratification or accession of any State for which protection of industrial designs may be obtained only through the office managed by an intergovernmental organization of which that State is a member is the date on which the instrument of that intergovernmental organization is deposited If that date is later than the date on which the Etat.c of such instrument has been deposited) the date of taking effect of the deposit of any instrument of ratification or accession containing the notification referred to in art. 19 or in is accompanied is the date on which the last of the instruments of the States members of the Group of States having made the said notification.d is filed) any instrument of ratification or accession of a State may contain a statement or be accompanied by a statement to the effect that it should be considered as filed unless the instrument of another State or of an intergovernmental organization , or those in two other States, or those of another State and one intergovernmental organization, whose names are specified and meet the necessary conditions to become party to this Act, are also deposited. The instrument containing such a declaration or accompanied by such a statement is considered filed on the day on which the condition indicated in the declaration is filled. However, when an instrument specified in the declaration itself contains a statement of the same type or is itself accompanied by a statement of the same type, this instrument is considered to be filed on the day on which the condition indicated in this last statement is remplie.e) any declaration made under subpara. (d) may, at any time, be withdrawn, in whole or in part. The withdrawal takes effect on the date on which the notification of withdrawal is received by the Director general.

Art. 28 date of effect of the ratifications and accessions 1) [Instruments to be taken into consideration] for the purposes of this article, only are taken into account the instruments of ratification or accession that are deposited by States or intergovernmental organizations referred to in art. 27.1) and for which the requirements of art. 27.3), governing the effective date, are met.
(2) [entry into force of this Act] this Act shall come into force three months after six States have deposited their instrument of ratification or accession, provided that, according the most recent annual statistics collected by the international Bureau, three at least of these States fulfil at least one of the following conditions: i) at least 3,000 requests for the protection of industrial designs have been filed in the State concerned or for this State (, ouii) at least 1,000 applications for the protection of industrial designs have been filed in the State concerned or by residents of States other than that State.

(3) [entry into force of ratifications and accessions] (a) any State or any intergovernmental organization that has deposited its instrument of ratification or accession at least three months before the entry into force of this Act becomes bound by it at the date of its entry into vigueur.b) any State or intergovernmental organization becomes bound by this Act three months after the date on which it deposited its instrument of ratification or accession or at any later date indicated in this instrument.

Art. 29 prohibition of reservations no reservation may be made in respect of this Act.

Art. 30 declarations made by Contracting Parties 1) [Moment to which the declarations may be made] any declaration under art. 4.1) b), 5.2) has), 7.2), 11.1), 13.1), 14.3), 16.2) or 17.3) c) can be made i) at the time of the deposit of an instrument referred to in art. (27.2), in which case it shall take effect on the date on which the State or intergovernmental organization having made the declaration becomes bound by this Act, ouii) after the deposit of an instrument referred to in art. 27.2), in which case it shall take effect three months after the date of its receipt by the Director general or at any later date that is indicated, but only applies to international registrations whose date is the same or later than the date on which it took effect.

(2) [declarations of States having a common office] Notwithstanding the al. (1), any declaration referred to in the said paragraph that has been made by a State, at the same time as one or more other States, notified the Director General, under art. (19.1), the substitution of a common to their national offices office takes effect only if that other State or those other States make a corresponding declaration.
(3) [withdrawal of declarations] any declaration referred to in para. (1) may be withdrawn at any time by notification addressed to the Director general. Such withdrawal takes effect three months after the date of receipt of the notification by the Director general or at any later date indicated in the notification. In the case of a declaration under art. (7.2), the withdrawal has not affect international applications filed prior to the effect of the said withdrawal.

Art. 31 applicability of the 1934 and 1960 1 acts) [Relations between States party to both this Act and the Act of 1934 or 1960] only this Act binds, in their mutual relations, States party to both this Act and the Act of 1934 or the 1960 Act. However, such States are required to apply in their mutual relations, the provisions of the 1934 Act or the 1960 Act, as the case may be, to designs and models filed with the international Bureau prior to the date at which this Act binds them in their mutual relations.
(2) [relations between States party to both this Act and the 1934 Act in or to that of 1960 and the States party to the 1934 Act or the 1960 which are not party to this Act]

(a) any State party to both this Act and the 1934 Act is required to apply the provisions of the 1934 Act in its relations with States that are party to the 1934 Act without at the same time party to the 1960 Act or to the present Acte.b) any State party to both this Act and the 1960 Act is required to apply the provisions of the 1960 Act in its relations with States which are party to the 1960 Act without at the same time be party to this Act.

Art. 32 denunciation of the present Act 1) [Notification] any Contracting Party may denounce this Act by notification addressed to the Director general.
(2) [effective date] denunciation takes effect one year after the date on which the Director general received the notification or at any later date indicated in the notification. It has no impact on the application of this Act to international applications which are pending, and to international registrations which are in force, with respect to the Contracting Party in question, at the time of the taking into effect of the denunciation.

Art. 33 languages of this Act; signature 1) [original texts; official texts] has) this Act shall be signed in a single original copy in French, English, Arabic, Chinese, Spanish and Russian languages, all these texts being equally foi.b) official texts are established by the Director general, after consultation with the interested Governments, in the other languages as the Assembly may indicate.

(2) [time limit for signature] this Act remains open for signature at the headquarters of the Organization for one year after its adoption.

Art. 34 depositary the Director general is the depositary of this Act.
(Follow signatures)

Scope April 7, 2014 States parties Ratification, accession (A) entry into force Albania, February 19, 2007 was May 19, 2007 Germany November 13, 2009 February 13, 2010 Armenia April 13, 2007 to July 13, 2007 Azerbaijan September 8, 2010 December 8, 2010 Bosnia and Herzegovina September 24, 2008 December 24, 2008 Botswana, on September 5, 2006 December 5, 2006 Brunei 24 September 2013 has 24 December 2013 Bulgaria July 7, 2008 October 7, 2008 Croatia 12 January 2004 April 12, 2004 Denmark September 9, 2008 December 9, 2008 Greenland October 11, 2010 January 11, 2011 Egypt 27 May 2004 was 27 August 2004 Spain * September 23, 2003 December 23, 2003 Estonia March 21, 2002 23 December 2003 Finland February 1, 2011 is May 1, 2011 France 18 December 2006 18 March 2007 departments and territories overseas, December 18, 2006 March 18, 2007 Georgia 6 May 2003 December 23, 2003 Ghana June 16, 2008 A 16 September

2008 February 1, 2004 Hungary 1 May 2004 Iceland July 6, 2001 23 December 2003 Kyrgyzstan February 17, 2003 has 23 December 2003 Latvia 26 April 2005 July 26, 2005 Liechtenstein * August 11, 2003 December 23, 2003 Lithuania 26 June 2008 has 26 September 2008 Macedonia December 22, 2005 A March 22, 2006 Moldova * 19 December 2001 December 23, 2003 Monaco March 9, 2011 June 9, 2011 Mongolia October 19, 2007 A 19 January 2008 Montenegro December 5

2011 5 March 2012 Namibia March 31, 2004 June 30, 2004 Norway 17 March 2010 has 17 June 2010 Oman December 4, 2008 has March 4, 2009 African organization of intellectual property (OAPI) June 16, 2008 to September 16, 2008 Poland April 2, 2009 2 July 2009 Romania may 11, 2001 December 23, 2003 Rwanda 31 May 2011 August 31, 2011 Sao Tome - and - principle September 8, 2008 to December 8, 2008 Serbia September 9, 2009

December 9, 2009 Singapore January 17, 2005 to 17 April 2005 Slovenia 8 May 2002 23 December 2003 Switzerland September 11, 2002 23 December 2003 Syria 7 February 2008 7 May 2008 Tajikistan December 21, 2011 was March 21, 2012 Tunisia 13 March 2012 to June 13, 2012 Turkey, on October 1, 2004 January 1, 2005 Ukraine may 28, 2002 23 December 2003 European Union 24 September 2007 has 1 January 2008 * reservations and declarations.
Reservations and declarations are not published to the RO. Texts in french and English can be found at the website of the world intellectual property organization address: www.WIPO.int/treaties/en/ or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

2004 841 RO; FF 2000 2587 RO 2004 839 RO 2004 2014 965, 865, 2005 3565, 2007 3841, 2008 4051, 2009 3153, 2011 2969. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State on April 7, 2014

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