(1) The countries to which this Agreement applies constitute a Special Union.

(2) They shall adopt the same classification for industrial designs (hereinafter referred to as "the International Classification").

(3) The international classification shall comprise:

(i)

A list of classes and subclasses;

(ii)

An alphabetical list of the products to which designs are incorporated, with indication of the classes and subclasses in which they are stored;

(iii)

Explanatory notes.

(4) The list of classes and subclasses shall be that which is annexed to this Agreement, subject to amendments and additions to the list established by the Committee of Experts established by Art. 3 (hereinafter referred to as "the Committee of Experts") Could bring it.

(5) The Alphabetical List of Goods and the Explanatory Notes shall be adopted by the Committee of Experts in accordance with the procedure laid down in Art. 3.

(6) The International Classification may be amended or supplemented by the Committee of Experts in accordance with the procedure laid down in Art. 3.

7)

(a) The international classification shall be established in the English and French languages.

(b) Official texts of the International Classification shall, after consultation with the Governments concerned, be established in the other languages to be designated by the Assembly referred to in Art. 5, by the International Bureau of Intellectual Property (hereinafter referred to as "the International Bureau") referred to in the Convention Establishing the World Intellectual Property Organization ¹ (hereinafter referred to as "the Organization").

(1) Subject to the obligations imposed by this Agreement, the international classification shall have only one administrative character. However, each country can give it the legal scope it needs. In particular, the international classification does not bind the countries of the Special Union as to the nature and extent of the protection of the design in those countries.

(2) Each of the countries of the Special Union reserves the right to apply the International Classification as a principal or ancillary system.

(3) The Offices of the countries of the Special Union shall include in the official titles of the deposits or registrations of the designs and, if they are officially published, in those publications, the numbers of the classes and subclasses of The international classification in which the goods to which the designs are incorporated belong.

(4) In the choice of names to be included in the Alphabetical List of Goods, the Committee of Experts shall avoid, as far as it is reasonable to do so, the use of names on which exclusive rights may exist. However, the inclusion of any term in the Alphabetical List may not be construed as expressing the opinion of the Committee of Experts on whether the term is or is not covered by exclusive rights.

(1) The International Bureau shall establish a Committee of Experts for the tasks referred to in Art. 1.4), 1.5) and 1.6). Each of the countries of the Special Union shall be represented on the Committee of Experts, which shall be organised by a rules of procedure adopted by a simple majority of the countries represented.

(2) The Committee of Experts shall adopt, by a simple majority of the countries of the Special Union, the alphabetical list and the explanatory notes.

(3) Proposals for amendments or additions to the International Classification may be made by the Administration of any country of the Special Union or by the International Bureau. Any proposal from an Authority shall be communicated by the Authority to the International Bureau. The proposals of the Administrations and the International Bureau shall be transmitted by the International Bureau to the members of the Committee of Experts no later than two months before the session of the Committee during which those proposals will be considered.

(4) Decisions of the Committee of Experts on amendments and additions to the International Classification shall be taken by a simple majority of the countries of the Special Union. However, if they involve the creation of a new class or the transfer of products from one class to another, unanimity is required.

(5) Experts shall have the right to vote by correspondence.

(6) In the event that a country has not appointed a representative for a specific session of the Committee of Experts, and in the event that the nominated expert has not expressed his or her voting session or within a period to be fixed by the Rules of Procedure Committee of Experts, the country in question would be considered to accept the Committee's decision.

(1) The Alphabetical List of Goods and the Explanatory Notes adopted by the Committee of Experts, as well as any amendments and additions to the international classification decided by it, shall be notified to the Offices of the countries of the Union Particular by the International Bureau. The decisions of the Committee of Experts shall enter into force upon receipt of the notification. However, if they involve the creation of a new class or the transfer of goods from one class to another, they will enter into force within six months from the date of mailing of the notification.

(2) The International Bureau, in its capacity as depositary of the International Classification, shall incorporate the amendments and additions into force therein. The amendments and additions shall be the subject of opinions published in the periodicals to be designated by the Assembly.

1)

(a) The Special Union shall have an Assembly composed of the countries of the Special Union.

(b) The Government of each country of the Special Union shall be represented by one delegate, who may be assisted by alternate delegates, advisors and experts.

(c) The expenses of each delegation shall be borne by the Government which has appointed it.

2)

(a) Subject to the provisions of Art. 3, the Assembly:

(i)

Deals with all matters concerning the maintenance and development of the Special Union and the application of this Agreement;

(ii)

Provides guidance to the International Bureau concerning the preparation of revision conferences;

(iii)

Shall examine and approve the reports and activities of the Director-General of the Organization (hereinafter referred to as "the Director General") relating to the Special Union and shall give him all relevant guidance on matters of the competence of the Union Particular;

(iv)

Adopts the programme, adopts the biennial budget ¹ The Special Union and approves its closing accounts;

(v)

Adopt the Financial Regulation of the Special Union;

(vi)

Decides on the establishment of the official texts of the international classification in languages other than English and French;

(vii)

Creates, independently of the Committee of Experts established by Art. 3, the other committees of experts and working groups which it considers relevant to the achievement of the objectives of the Special Union;

(viii)

Decide which countries are not members of the Special Union and which intergovernmental and international non-governmental organizations may be admitted to its meetings as observers;

(ix)

Adopts amendments to s. 5 to 8;

X)

Undertake any other appropriate action to achieve the objectives of the Special Union;

(xi)

Perform all other tasks implied by this Agreement.

(b) On matters which are also of interest to other Unions administered by the Organization, the Assembly shall decide, in the opinion of the Coordination Committee of the Organization.

3)

(a) Each country member of the Assembly shall have one vote.

(b) One-half of the member countries of the Assembly shall constitute a quorum.

(c) Notwithstanding the provisions of subparagraph (b), if, at a session, the number of countries represented is less than one-half but equal to or greater than one-third of the countries members of the Assembly, the latter may make decisions; Decisions of the Assembly, with the exception of those concerning its procedure, shall become enforceable only when the conditions set out below are met. The International Bureau shall communicate the said decisions to the countries members of the Assembly which were not represented, by inviting them to express in writing, within three months from the date of the said communication, their vote or Abstention. If, at the end of that period, the number of countries that have thus expressed their vote or abstention is at least equal to the number of countries that were not present for the quorum to be attained at the session, such decisions shall become enforceable, Provided that, at the same time, the necessary majority remains.

(d) Subject to the provisions of art. 8.2), the decisions of the Assembly shall be taken by a two-thirds majority of the votes cast.

(e) Abstentions shall not be considered as votes.

(f) A delegate may represent only one country and may vote only on behalf of the delegate.

4)

(a) The Assembly shall meet once every two years ² In ordinary session, upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of the Organization.

(b) The Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of a quarter of the member countries of the Assembly.

(c) The agenda for each session shall be prepared by the Director General.

(5) The Assembly shall adopt its rules of procedure.

1)

(a) The administrative tasks of the Special Union shall be performed by the International Bureau.

(b) In particular, the International Bureau shall prepare the meetings and shall provide the secretariat of the Assembly, the Committee of Experts, and any other committees of experts and working groups that the Assembly or the Committee of Experts may establish.

(c) The Director General shall be the most senior official of the Special Union and shall represent it.

(2) The Director General and any staff member designated by him shall take part, without the right to fly, at all meetings of the Assembly, the Committee of Experts, and any other committee of experts or working groups of the Assembly or the Committee Experts can create. The Director General or a staff member designated by him shall be ex officio secretary of those bodies.

3)

(a) The International Bureau, as directed by the Assembly, shall prepare the conferences of revision of the provisions of the Agreement other than s. 5 to 8.

(b) The International Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of revision conferences.

(c) The Director General and the persons designated by him shall participate, without the right to vote, in the proceedings in those conferences.

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

1)

(a) The Special Union shall have a budget.

(b) The budget of the Special Union shall include the income and expenditure specific to the Special Union, its contribution to the budget of the expenses common to the Unions, and, where appropriate, the amount made available to the budget of the Conference of The Organization.

(c) Expenses which are not exclusively attributable to the Special Union but also to one or more other Unions administered by the Organization shall be considered as expenses common to the Unions. The share of the Special Union in these common expenses shall be in proportion to the interest that these expenses show for it.

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

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

(i)

Contributions from the countries of the Special Union;

(ii)

Fees and charges due for services rendered by the International Bureau in respect of the Special Union,

(iii)

The product of the sale of the publications of the International Bureau concerning the Special Union and the rights relating to those publications,

(iv)

Gifts, bequests and grants;

(v)

Rents, interest, and other miscellaneous income.

4)

(a) To determine its contribution towards the meaning of para. (3) (i), each country of the Special Union shall belong to the class in which it is filed in respect of the Paris Union for the protection of industrial property, and shall pay its annual contributions on the basis of the number of units Determined for this class in this Union.

(b) The annual contribution of each country of the Special Union shall consist of an amount whose ratio to the total sum of the annual contributions to the budget of the Special Union of all countries is the same as the ratio of the number of Units of the class in which it is stored and the total number of units of all countries.

(c) Contributions are due on the first of January of each year.

(d) A country which is late in payment of its contributions shall not exercise its right to vote in any of the bodies of the Special Union if the amount of its arrears equals or exceeds the amount of the contributions for which it is liable for the two Complete years. However, such a country may be allowed to retain the exercise of its right to vote in that body as long as the latter considers that the delay is the result of exceptional and unavoidable circumstances.

(e) In the event that the budget is not adopted before the start of a new financial year, the budget for the previous year shall be renewed in accordance with the rules laid down in the Financial Regulation.

(5) The amount of fees and amounts due for services rendered by the International Bureau under the Special Union shall be fixed by the Director General, who shall report to the Assembly.

6)

(a) The Special Union shall have a working capital fund consisting of a single payment made by each country of the Special Union. If the fund becomes insufficient, the Assembly decides on its increase.

(b) The amount of the initial payment of each country to the said fund or its participation in its increase shall be proportionate to the contribution of that country for the year in which the fund is constituted or the increase decided upon.

(c) The proportion and terms of payment shall be adopted by the Assembly, on the proposal of the Director General and after the advice of the Coordination Committee of the Organization.

7)

(a) The headquarters agreement with the country on whose territory the Organization has its headquarters provides that, if the working capital fund is insufficient, the country shall grant advances. The amount of such advances and the conditions under which they are granted shall, in each case, be the subject of separate agreements between the country concerned and the Organization.

(b) The country referred to in subparagraph (a) and the Organization shall each have the right to denounce the undertaking to grant advances, subject to notification in writing. Denunciation shall take effect three years after the end of the year in which it was notified.

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

1) Proposals to amend s. 5, 6, 7 and this Article may be submitted by any country of the Special Union or by the Director General. These proposals shall be communicated by the latter to the countries of the Special Union at least six months before being submitted to the Assembly for consideration.

(2) Any amendment to the articles referred to in para. 1) is adopted by the Assembly. Adoption shall require three-fourths of the votes cast; however, any change in s. 5 and this paragraph shall require four-fifths of the votes cast.

(3) Any amendment to the articles referred to in para. 1) shall enter into force one month after the receipt by the Director General of written notifications of acceptance, effected in accordance with their respective constitutional requirements, of the three-fourths of the countries which were members of the Union Particular at the time the amendment was adopted. Any amendment to the said Articles thus accepted shall bind all the countries which are members of the Special Union at the time when the amendment enters into force or become members at a later date; however, any amendment that increases the Financial obligations of the countries of the Special Union shall bind only those who have notified their acceptance of the amendment.

(1) Any country party to the Paris Convention for the Protection of Industrial Property ¹ Which has signed this Agreement may ratify it and, if it has not signed it, may accede to it.

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

3)

(a) With respect to the five countries which have, first, deposited their instruments of ratification or accession, this Agreement shall enter into force three months after the deposit of the fifth of those instruments.

(b) With respect to any other country, this Agreement shall enter into force three months after the date on which its ratification or accession has been notified by the Director General, unless a later date has been indicated in the instrument of Ratification or accession. In the latter case, this Agreement shall enter into force, with respect to that country, on the date thus indicated.

(4) Ratification or accession shall automatically entail the right of accession to all the clauses and admission to all the benefits stipulated by this Agreement.

This Agreement shall have the same force and duration as the Paris Convention for the Protection of Industrial Property ¹ .

(1) Art. 1 to 4 and 9 to 15 of this Arrangement may be subject to revisions in order to introduce desirable improvements.

(2) Each of these reviews will be the subject of a conference to be held between the delegates of the countries of the Special Union.

(1) Any country may denounce this Agreement by notification addressed to the Director General. Such denunciation shall have effect only in respect of the country which has made it, the Agreement remaining in force and enforceable against the other countries of the Special Union.

(2) Denunciation shall take effect one year after the day on which the Director General has received the notification.

(3) The right of denunciation provided for in this Article shall not be exercised by any country before the expiration of five years from the date on which it became a member of the Special Union.

The provisions of Art. 24 of the Paris Convention for the Protection of Industrial Property ¹ Apply to this Agreement.

1)

(a) This Agreement shall be signed in a single copy in the English and French languages, these texts being equally authentic; it shall be deposited with the Government of Switzerland.

(b) This Agreement shall remain open for signature at Berne until 30 June 1969.

(2) Official texts shall be established by the Director General, after consultation with the Governments concerned, in the other languages which the Assembly may designate.

(3) The Director General shall transmit two copies, certified by the Government of Switzerland, of the signed text of this Agreement to the Governments of the countries which have signed it and, upon request, to the Government of any other country.

(4) The Director General shall register this Agreement with the Secretariat of the United Nations.

(5) The Director General shall notify the Governments of all countries of the Special Union of the date of entry into force of the Agreement, the signatures, the deposits of instruments of ratification or accession, the acceptances of amendments to the present Arrangement and the dates on which these amendments enter into force, and notifications of termination.

Until the entry into office of the first Director General, references in this Agreement to the International Bureau of the Organization or to the Director General shall be considered as relating respectively to the International Bureaux Meeting for the protection of intellectual property (BIRPI), or their Director.

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

Done at Locarno, 8 October 1968.

(Suivent signatures)