Key Benefits:
Original text
(State on 7 April 2014)
For the purposes of this Act,
1 RS 0.232.121.2
2 RS 0.232.04
3 [RS 11 988, RO 1971 270, 1975 1598, 1984 886, 1987 587, 2004 3885, 2009 3635. RO 2010 403].
4 RS 0.232.121.2
5 [RO 1962 1613, 1975 1598, 1977 225, 1979 157. RO 2010 405).
6 RS 0.232.121.12
7 RS 0.232.01
1) [ Laws of Contracting Parties and certain international treaties ] The provisions of this Agreement shall not affect the application of any broader protection that may be granted by the law of a Contracting Party and shall in no way affect the protection accorded to artistic works and Works of art applied by international treaties and conventions on copyright and protection granted to industrial designs under the Agreement on Trade-Related Aspects of Intellectual Property Rights 1 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 concerning industrial designs.
Is entitled to file an international application any national of a State which is a Contracting Party or a Member State of an intergovernmental organization which is a Contracting Party, or any person having his domicile, his residence Regular or effective industrial or commercial establishment in the territory of a Contracting Party.
1) [ Direct or indirect deposit ]
(2) [ Transmittal fee in case of indirect deposit ] The Office of any Contracting Party may require that the applicant pay, for its own account, a transmittal fee for any international application filed by its intermediary.
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 attached to it
(2) [ Mandatory Additional Content of the International Application ]
(3) [ Other Possible Contents of the International Application ] The international application may contain or be accompanied by all other elements specified in the Regulations.
4) [ Several industrial designs in the same international application ] Subject to the prescribed conditions, an international application may contain several industrial designs.
5) [ Request for deferment of publication ] The international application may contain a request for deferment of publication.
1) [Claiming Priority]
(2) [ International application as a basis for a priority claim ] From the date of filing, the international application shall have the value of a regular deposit within the meaning of Art. 4 of the Paris Convention, regardless of its subsequent fate.
1) [ Prescribed Designation Fee ] The prescribed fees include, subject to para. (2) a designation fee for each designated Contracting Party.
(2) [ Individual Designation Fee ] Any Contracting Party whose Office is an Examining Office and any Contracting Party which is an intergovernmental organization may, in a declaration, notify the Director General that, in respect of any international application in It is designated, and for the renewal of any international registration resulting from such an international application, the prescribed designation fee referred to in para. 1) is replaced by an individual designation fee, the amount of which is indicated in the declaration and may be amended in subsequent declarations. This amount may be fixed by the said Contracting Party for the initial period of protection and for each renewal period or for the maximum period of protection authorized by that Contracting Party. However, it may not exceed the amount equivalent to that which the Office of the said Contracting Party would have the right to receive from the applicant for protection granted, for an equivalent period, to the same number of designs The amount in question is reduced by the amount of savings resulting from the international procedure.
(3) [ Transfer of designation fees ] The designation fees referred to in paras. (1) and (2) are transferred by the International Bureau to the Contracting Parties in respect of which they have been paid.
1) [ Examination of the international application ] If the International Bureau finds that the international application does not, at the time of receipt by the International Bureau, comply with the requirements of this Act and the Regulations, it shall invite the applicant to regularize it within the time limit Prescribed.
(2) [ Unregularization Failure ]
1) [ International application filed directly ] Where the international application is filed directly with the International Bureau, the filing date shall be, subject to para. (3) the date on which the International Bureau receives the international application.
(2) [ Indirectly filed international application ] Where the international application is filed through the Office of the applicant's Contracting Party, the filing date shall be determined in the prescribed manner.
(3) [ International application involving 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 entailing the postponement of the filing date of the international application, the date of Filing shall be the date on which the correction of that irregularity is received by the International Bureau.
1) [ International Registration ] The International Bureau shall register each industrial design which is the subject of the international application as soon as it receives it or, where the applicant is invited to regularize the application under Art. 8, upon receipt of the elements necessary for the regularization. Registration is effected, whether or not the publication is deferred pursuant to s. 11.
(2) [ Date of the International Registration ]
(3) [ Publishing ]
4) [ Maintenance of secrecy prior to publication ] Subject to para. 5) and art. (b), the International Bureau shall keep secret each international application and each international registration until publication.
5) [ Confidential Copies ]
1) [Legislative provisions of Contracting Parties relating to deferment of publication]
(2) [ Adjournment of publication ] Where the international application contains a request for deferment of publication, the publication shall take place,
(3) [ Processing of requests for adjournment where adjournment is not possible under applicable legislation ] Where deferment of publication has been requested and one of the Contracting Parties designated in the international application has made, pursuant to para. (1) (b) a statement that deferment of publication is not possible under its law,
4) [Request for Advance Publication of the International Registration or the Ator I Special access to it]
5) [ Waiver and limitation ]
6) [ Publication and provision of reproductions ]
1) [ Right to Refuse ] The Office of a designated Contracting Party may, where the conditions under which the law of that Contracting Party orders protection, are not met in respect of one, several or all of the designs Refusal, partly or wholly, of the effects of the international registration in the territory of the said Contracting Party; however, no Office may refuse, in part, or The effects of an international registration on the ground that the application In respect of its form or contents, in accordance with the law of the Contracting Party concerned, to requirements which are set out in this Act or the Regulations or to requirements that are added thereto or They differ.
(2) [ Deny Notification ]
(3) [ Transmission of the notification of refusal; means of redress ]
4) [ Withdrawal of Refusal ] Any refusal may be withdrawn, in part or in whole, at all times by the Office which has communicated it.
1) [ Notification of Special Requirements ] Any Contracting Party whose legislation, at the time when it becomes a party to this Act, requires that the designs that are the subject of the same application comply with a rule of unity of design, unit of production or unity Use or belong to the same set of articles or to the same composition of articles, or that a single independent design may be claimed in the same application, may notify this requirement to the Director General in a Statement. However, such a declaration does not affect the applicant's right of an international application, even if it designates the Contracting Party that made that declaration, to include several industrial designs in that application Pursuant to s. 5.4).
(2) [ Effect of the declaration ] This declaration allows the Office of the Contracting Party which has made it to refuse the effects of the international registration in accordance with Art. 12.1) until such time as the requirement notified by that Contracting Party is met.
(3) [ Additional fees due in case of division of a registration ] If, following a notification of refusal under para. (2), an international registration is divided with the Office concerned to remedy a ground of refusal indicated in the notification, that Office has the right to collect a fee for each additional international application that would have been Necessary to avoid this ground of refusal.
1) [ Effects identical to those of an application under the applicable law ] From the date of the international registration, the international registration produced in each designated Contracting Party at least the same effects as a regularly filed application for the purpose of obtaining protection for the design, or Industrial model under the legislation of that Contracting Party.
(2) [ Effects identical to those of the grant of protection under the law appl I Cable ]
(3) [ Declaration concerning the Effect of the Designation of the Applicant's Contracting Party ]
1) [ Possibility for the holder to assert his rights ] Partial or total invalidation, by the competent authorities of a designated Contracting Party, of the effects of the international registration in the territory of that Contracting Party may not be pronounced without the holder having been Able to enforce its rights in a timely manner.
(2) [ Invalidation Notification ] The Office of the Contracting Party in whose territory the effects of the international registration have been invalidated shall notify the International Bureau of the invalidation, where it becomes aware of it.
1) [ Recording of Amendments and Other Registrations ] The International Bureau shall record in the International Register in the prescribed manner,
(2) [ Effects of the International Register ] Any entry referred to in items (i), (ii), (iv), (v), (vi) and (vii) of para. (1) produces 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 a registration referred to in the Item (i) of para. (1) does not produce such effects in that Contracting Party as long as the Office of that Contracting Party has not received the declarations or documents specified in the said declaration.
(3) [ Taxes ] Any entry made under para. 1) may give rise to the payment of a fee.
4) [ Publishing ] The International Bureau shall publish an opinion concerning any registration made under para. 1). It shall send a copy of the publication of the notice to the Office of each of the Contracting Parties concerned.
1) [ Initial Period of the International Registration ] The international registration shall be effected for an initial period of five years from the date of the international registration.
(2) [ Renewal of the 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) [ Term of Protection in Designated Contracting Parties ]
4) [ Possibility of limited renewal ] The renewal of the international registration may be effected for one, several or all of the designated Contracting Parties and for one, several or all of the industrial designs that are the subject of registration International.
5) [ Registration and Publication of Renewal ] The International Bureau shall record the renewals in the International Register and publish an opinion on them. It shall send a copy of the publication of the notice to the Office of each of the Contracting Parties concerned.
1) [ Access to Information ] The International Bureau shall provide to any person who so requests, subject to payment of the prescribed fee, extracts from the International Register, or information on the contents of the International Register, in respect of everything Published international registration.
(2) [ Legalization Dispensation ] Extracts from the International Register furnished by the International Bureau shall be exempt from any requirement of legalization in each Contracting Party.
1) [ Notification of a Common Office ] If several States intending to become party to this Act have achieved, or if several States party to this Act agree to carry out, the unification of their national laws on industrial designs, they may Notify the Director General
(2) [ When the notification is to be made ] The notification referred to in para. 1) is made,
(3) [ Notification Effective Date The notification referred to in paras. 1) and 2) take effect,
Contracting Parties are members of the same Union as the States party to the 1934 Act or the 1960 Act.
1) [ Composition ]
(2) [ Functions ]
(3) [ Quorum ]
4) [ Decision-making in the Assembly ]
5) [ Majorities ]
6) [ Sessions ]
7) [ Rules of procedure ] The Assembly shall adopt its own rules of procedure.
1) [ Administrative functions ]
(2) [ Director General ] The Director-General shall be the highest official of the Union and shall represent it.
(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 to the Union.
4) [ Role of the International Bureau in the Assembly and other meetings ]
5) [ Conferences ]
6) [ Other functions ] The International Bureau shall carry out all other tasks assigned to it in relation to this Act.
1) [ Budget ]
(2) [ Coordination with the budgets of other unions ] The budget of the Union shall be adopted taking into account the requirements of coordination with the budgets of the other Unions administered by the Organization.
(3) [ Sources of Budget Financing ] The Union's budget is financed by the following resources:
4) [ Fixing of Fees and Amounts Owing; Amount of Budget ]
5) [ Working Capital Fund ] The Union shall have a working capital fund consisting of surplus income and, if these surpluses are not sufficient, by a single payment made by each member of the Union. If the fund becomes insufficient, the Assembly decides on its increase. The proportion and terms of payment shall be adopted by the Assembly on the proposal of the Director General.
6) [ Advances by the host State ]
7) [ Account Verification ] Account verification shall be carried out, in accordance with the arrangements laid down in the Financial Regulation, by one or more Member States of the Union or by external auditors, who shall, with their consent, be appointed by the Assembly.
1) [ Purpose ] The Regulations shall govern the manner of application of this Act. In particular, it contains provisions relating to
(2) [ Amendment of Certain Provisions of the Regulations ]
(3) [ Divergence between this Act and the Regulations ] In the event of any discrepancy between the provisions of this Act and those of the Regulations, the first shall prevail.
1) [ Review Conferences ] This Act may be revised by a Conference of the Contracting Parties.
(2) [ Revision or modification of certain articles ] Art. 21, 22, 23 and 26 may be amended either by a revision conference or by the Assembly in accordance with the provisions of Art. 26.
1) [ Amendment Proposals ]
(2) [ Majorities ] The adoption of any amendment to the articles referred to in para. 1) requires a three-fourths majority; however, the adoption of any amendment to s. 21 or this paragraph shall require a four-fifths majority.
(3) [ Entry into force ]
1) [ Conditions to be filled ] Subject to paras. 2) and 3) and art. 28,
(2) [ Ratification or Accession ] Any State or intergovernmental organization referred to in para. 1) may file
(3) [ Effective Date of Deposit ]
1) [ Instruments to be considered ] For the purposes of this Article, only instruments of ratification or accession which are deposited by States or intergovernmental organizations referred to in Art. 27.1) and for which the conditions of s. 27.3), governing the effective date, are met.
(2) [ Entry into Force of this Act ] This Act shall enter into force three months after six States have deposited their instruments of ratification or accession, provided that, according to the most recent annual statistics compiled by the International Bureau, at least three States meet at least one of the following conditions:
(3) [ Entry into Force of Ratifications and Accessions ]
No reservation may be made in respect of this Act.
1) [ When statements can be made ] Any declaration under Art. 4.1) (b), 5.2) (a), (7.2), (11.1), (13.1), (14.3), (16.2) or 17.3) (c) may be made
(2) [ Statements by States with a Common Office ] Notwithstanding para. (1), any declaration referred to in the said paragraph which has been made by a State having, at the same time as one or more other States, notified to the Director General, pursuant to Art. 19.1), the substitution of a common Office at their national offices 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 shall take 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 s. 7.2), the withdrawal shall not affect international applications filed prior to the taking of the said withdrawal.
1) [ Relations between the States Parties to this Act and the 1934 Act or the 1960 Act ] Only this Act shall bind, in their mutual relations, the States party to both this Act and the 1934 Act or the 1960 Act. However, those States are obliged to apply, in their mutual relations, the provisions of the 1934 Act or those of the 1960 Act, as the case may be, to designs deposited with the International Bureau prior to the date of Which this Act binds them in their mutual relations.
(2) [ Relations between the States Parties to this Act and the 1934 Act or the 1960 Act and the States party to the 1934 Act or the 1960 Act which are not party to this Act ]
1) [ Notification ] Any Contracting Party may denounce this Act by notification addressed to the Director General.
(2) [ Effective Date ] Denunciation shall take effect one year after the date on which the Director General has received the notification or at any later date indicated in the notification. It shall not affect the application of this Act to international applications which are pending and to international registrations which are in force, in respect of the Contracting Party concerned, at the time of taking effect of Denunciation.
1) [ Original texts; official texts ]
(2) [ Time for signature ] This Act shall remain open for signature at the headquarters of the Organization for one year after its adoption.
The Director General shall be the depositary of this Act.
(Suivent signatures)
States Parties |
Ratification Accession (A) |
Entry into force |
||
Albania |
19 February |
2007 A |
19 May |
2007 |
Germany |
13 November |
2009 |
13 February |
2010 |
Armenia |
13 April |
2007 A |
July 13 |
2007 |
Azerbaijan |
8 September |
2010 A |
8 December |
2010 |
Bosnia and Herzegovina |
24 September |
2008 A |
24 December |
2008 |
Botswana |
September 5 |
2006 A |
5 December |
2006 |
Brunei |
24 September |
2013 A |
24 December |
2013 |
Bulgaria |
7 July |
2008 |
7 October |
2008 |
Croatia |
12 January |
2004 |
12 April |
2004 |
Denmark |
9 September |
2008 |
9 December |
2008 |
Greenland |
11 October |
2010 |
11 January |
2011 |
Egypt |
27 May |
2004 A |
August 27 |
2004 |
Spain * |
23 September |
2003 |
December 23 |
2003 |
Estonia |
21 March |
2002 |
December 23 |
2003 |
Finland |
1 Er February |
2011 A |
1 Er May |
2011 |
France |
18 December |
2006 |
18 March |
2007 |
Overseas Departments and Territories |
18 December |
2006 |
18 March |
2007 |
Georgia |
6 May |
2003 |
December 23 |
2003 |
Ghana |
June 16 |
2008 A |
16 September |
2008 |
Hungary |
1 Er February |
2004 |
1 Er May |
2004 |
Iceland |
July 6 |
2001 A |
December 23 |
2003 |
Kyrgyzstan |
17 February |
2003 A |
December 23 |
2003 |
Latvia |
April 26 |
2005 |
26 July |
2005 |
Liechtenstein * |
August 11 |
2003 A |
December 23 |
2003 |
Lithuania |
26 June |
2008 A |
26 September |
2008 |
Macedonia |
22 December |
2005 A |
22 March |
2006 |
Moldova * |
19 December |
2001 |
December 23 |
2003 |
Monaco |
March 9 |
2011 |
9 June |
2011 |
Mongolia |
19 October |
2007 A |
19 January |
2008 |
Montenegro |
5 December |
2011 A |
March 5 |
2012 |
Namibia |
March 31 |
2004 A |
30 June |
2004 |
Norway |
March 17 |
2010 A |
17 June |
2010 |
Oman |
4 December |
2008 A |
March 4 |
2009 |
African Intellectual Property Organization (OAPI) |
June 16 |
2008 A |
16 September |
2008 |
Poland |
2 April |
2009 A |
July 2 |
2009 |
Romania |
11 May |
2001 |
December 23 |
2003 |
Rwanda |
May 31 |
2011 A |
August 31 |
2011 |
Sao Tome and Principe |
8 September |
2008 A |
8 December |
2008 |
Serbia |
9 September |
2009 A |
9 December |
2009 |
Singapore |
17 January |
2005 A |
April 17 |
2005 |
Slovenia |
8 May |
2002 |
December 23 |
2003 |
Switzerland |
11 September |
2002 |
December 23 |
2003 |
Syria |
7 February |
2008 A |
7 May |
2008 |
Tajikistan |
21 December |
2011 A |
21 March |
2012 |
Tunisia |
13 March |
2012 A |
13 June |
2012 |
Turkey |
1 Er October |
2004 |
1 Er January |
2005 |
Ukraine |
28 May |
2002 A |
December 23 |
2003 |
European Union |
24 September |
2007 A |
1 Er January |
2008 |
* |
Reservations and declarations. Reservations and declarations are not published in the RO. The texts in English and French can be found at the World Intellectual Property Organization's website: www.wipo.int/treaties/fr/ or obtained from the Directorate of Public International Law (DDIP), Section of the International treaties, 3003 Berne. |
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1 RO 2004 839
2 RO 2004 865 , 2005 3565, 2007 3841, 2008 4051, 2009 3153, 2011 2969, 2014 965. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).