0.232.121.3 original text Locarno Agreement establishing an international classification for industrial designs, signed at Locarno on 8 October 1968 approved by the Federal Assembly on 15 December 1970, Instrument of ratification deposited by the Switzerland on January 27, 1971, entered into force for the Switzerland on 27 April 1971 (State on April 9, 2014) art. 1 establishment of a special Union; adoption of an international classification 1) the countries to which this agreement applies are constituted as a special Union.
(2) adopt a classification for industrial designs (hereinafter referred to as "international classification").
((3) the international classification includes: i) a list of classes and subclasses; ii) an alphabetical list of products which are incorporated drawings and models, with an indication of the classes and subclasses into which they are stored; iii) explanatory notes.
(4) the list of classes and subclasses is that which is annexed to this agreement, subject to the changes and additions that the Committee of experts set up by art. 3 (hereinafter referred to as the "Committee of experts") could be made.
(5) the alphabetical list of goods and the explanatory notes adopted by the Committee of experts according to the procedure established by art. (3-6) the international classification may be amended or supplemented by the Committee of experts according to the procedure established by art. 3. 7) has) the international classification is established in the English and French languages. (b) official texts of the international classification are, after consultation with the Governments concerned, in other languages as may designate the Assembly referred to in art. 5, by the international Bureau of intellectual property (hereinafter "the international Bureau") referred to in the Convention establishing the World Intellectual Property Organization (hereinafter referred to as "the Organization").
RS 0.230 art. 2 application and legal scope of the international classification 1) subject to the obligations imposed by the present Arrangement, the international classification is solely of an administrative character. However, each country can assign the legal scope that suits him. Notably, the international classification does not bind the countries of the Union as to the nature and the scope of protection of the design or model in these countries.
(2) each country of the Special Union reserves the right to use the international classification as a main or auxiliary system.
(3) the authorities of the countries of the Special Union shall include in the official titles of the deposits or registrations of designs or models, and if they are published officially, in these publications, the numbers of the classes and subclasses of the international classification in which are stored products to which the designs are incorporated.
(4) in the choice of names to wear in the alphabetical list of products, the Expert Committee will avoid, as much as it is reasonable to do so, to use designations on which exclusive rights might exist. However, the inclusion of a term any alphabetical list cannot be interpreted as expressing the opinion of the Committee of experts on the question if such term is or is not covered by exclusive rights.
Art. 3 1 Expert Committee) shall be established with the international Bureau an expert committee responsible for the tasks referred to in art. ((1.4), 1.5) and 1.6). Each country of the Special Union is represented in the Committee of experts, which is organized by a rules of procedure adopted by a simple majority of the countries represented.
(2) the Committee of experts adopted, by a simple majority of the countries of the Special Union, the alphabetical list and explanatory notes.
(3) proposals for amendments or additions to the international classification may be made by the Administration in any country of the Special Union or by the international Bureau. Any proposal emanating from an Administration is communicated by it to the international Bureau. The proposals of Governments and of the international Bureau are transmitted by the latter to the members of the Committee of experts no later than two months before the session of it during which these proposals will be considered.
(4) decisions of the Committee of experts on amendments and supplements to the international classification are taken by a simple majority of the countries of the Special Union. However, if they involve the transfer of goods from one class to another or the creation of a new class, unanimity is required.
(5) experts have the ability to vote by correspondence.
(6) where a country does not appoint a representative for a specified sitting of the Committee of experts, as well as in the case where the designated expert would have not expressed his vote forthwith or within a time limit which shall be fixed by the rules of procedure of the Committee of experts, the country in question would be considered as accepting the decision of the Committee.
Art. 4 notification and publication of the classification and its amendments and supplements 1) the alphabetical list of goods and the explanatory notes adopted by the Committee of experts, and any changes and any addition to the international classification decided by him, shall be notified to the Administrations of the countries of the Special Union by the international Bureau. The decisions of the Committee of experts will be effective on receipt of the notification. However, if they involve the transfer of goods from one class to another or the creation of a new class, they will be implemented within a period of six months from the date of dispatch of the notification.
(2) the international Bureau, in his capacity as depositary of the international classification, incorporates amendments and supplements in force. Amendments and supplements are being published in the periodicals to be appointed by the Assembly.
Art. 5 Assembly of the Union 1) has) the Special Union shall have an Assembly consisting of the countries of the Union particuliere.b). the Government of each country of the Special Union is represented by one delegate, who may be assisted alternates, advisers and experts.
(c) the expenses of each delegation are supported by the Government, which has designated it.
(2) a) subject to the provisions of art. 3, the Assembly: i) Treaty questions concerning the maintenance and development of the Special Union and the implementation of the present Arrangement; ii) gives to the international Bureau of the guidelines for the preparation of the conferences review; iii) review and approve the reports and activities of the Director-general of the Organization (hereinafter referred to as "the Director general") related to the Special Union and gives him all useful guidelines on issues within the competence of the Special Union; iv) stops the program (((, adopt the biennial budget of the Special Union, and approve its final accounts; v) adopt the financial regulations of the Special Union; vi) decides on the establishment of official texts of the international classification in languages other than English and the french; vii) creates, regardless of the Committee of experts established by art. 3, other committees of experts and working groups as it deems useful to the achievement of the objectives of the Special Union; viii) decides what are non-members of the Special Union and which intergovernmental and international non-governmental organizations that may be admitted to its meetings as observers; ix) adopt amendments to the art. (5-8; x) take any other appropriate action designed to further the objectives of the Special Union; xi) performs all other tasks involved in this Arrangement.
(b) on matters affecting also other Unions administered by the Organization, the Assembly of the statue, having considered the opinion of the Committee for coordination of the expenses.3) has) each country member of the Assembly has a voix.b) one-half of the countries members of the Assembly constitutes a quorum.
c) Notwithstanding the provisions of subparagraph b), if, during a session, the number of countries represented is less than one-half but equal to or greater than the third, countries members of the Assembly, it may take decisions; However, the decisions of the Assembly, with the exception of those concerning its procedure, become binding only when the following conditions are met. The international Bureau communicates the decisions to the countries members of the Assembly which were not represented, inviting them to express in writing, within a period of three months from the date of the communication, their vote or abstention. If, on the expiry of that period, the number of countries having thus expressed their vote or abstention is at least equal the number of countries which was lacking so that a quorum was present at the session, the decisions become binding, provided that at the same time the required majority still obtains.
(d) subject to the provisions of art. (8.2), the decisions of the Assembly are taken by a majority of two thirds of the votes cast.
(e) the abstention is not considered as a vote.
(f) a delegate may represent one country only and may vote only for this one.
(4) a) Assembly meets once every two years in regular session, at the invitation of the Director general and, except in exceptional circumstances, during the same period and at the same place as the General Assembly of the Organisation.b) the Assembly shall meet in extraordinary session upon convocation by the Director general, at the request of one-fourth of the countries members of the Assembly.
(c) the agenda of each session is prepared by the Director general.
(5) the Assembly shall adopt its rules of procedure.
New content according to the amendments of 2 October. 1979, in force for Switzerland since Nov. 23. 1981 (1983 1092 RO).
New content according to the amendments of 2 October. 1979, in force for Switzerland since Nov. 23. 1981 (1983 1092 RO).
Art. 6 international bureau 1) has) the administrative tasks of the Special Union are handled by the international.b Office) in particular, the international Bureau shall prepare the meetings and provide the secretariat of the Assembly, the Committee of experts, and of all other committees of experts and all working groups as the Assembly or the Committee of experts can create.
(c) the Director general shall be the Chief Executive of the Special Union and represents.
(2) the Director general and any of the staff designated by him to take part, without the right to fly, in all meetings of the Assembly, the Committee of experts, and any other Committee of experts or any working group that the Assembly or the Committee of experts can create. General manager or a member of the staff designated by him is ex officio Secretary of these bodies.
(3) a) the international Bureau, as directed by the Assembly, prepares the conferences of revision of the provisions of the agreement other than the art. 5 to 8) the international Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of the review conferences.
(c) the Director general and persons designated by him participate, without the right to vote, in the deliberations in these conferences.
(4) the international Bureau perform all other tasks assigned to him.
Art. 7 Finance 1) has) the Special Union shall have a budget.b) the budget of the Special Union include the income and expenses proper to the Special Union, its contribution to the budget of expenses common to the Unions, as well as applicable, the sum made available to the budget of the Conference of the organization.
(c) are considered to be expenses common to the Unions spending which are not assigned exclusively to the Special Union but also to one or more other Unions administered by the organization. The part of the Special Union in such common expenses is proportional to the relevance these expenses to it.
(2) the budget of the Special Union is stopped due to the requirements of coordination with the budgets of the other Unions administered by the organization.
((3) the budget of the Special Union is financed from the following sources: i) contributions of the countries of the Special Union; ii) fees and charges due for services rendered by the international Bureau in relation to the Special Union, iii) the proceeds from the sale of the publications of the international Bureau concerning the Special Union and the rights attached to these publications, iv) gifts (((, bequests and grants; v) rents, interests and other income divers.4) has) to determine its contribution within the meaning of para. (3-i), each country of the Special Union belongs to the class in which it is stored for the Paris Union for the protection of industrial property, and pay its annual contributions on the basis of the number of units determined for this class in the Union.b) the annual contribution of each country of the Special Union shall be an amount the same proportion to the total amount of the annual contributions to the budget of the Union of all countries is the same as the ratio between the number of units of the class in which it is stored and the total number of units across the country.
(c) contributions shall become due on the first of January each year.
(d) a country in arrears in the payment of its contributions may exercise its right to vote in any of the organs of the Special Union if the amount of its arrears is equal to or greater than the contributions due for the preceding two full years. However, such a country can be allowed to continue to exercise its vote in that organ as long as this is satisfied that the delay in payment arises from exceptional and unavoidable circumstances.
(e) where 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) the amount of fees and charges due for services rendered by the international Bureau in relation to the Special Union shall be by the Director general, who shall report to the Assembly.
(6) a) the Special Union has a working capital fund constituted by a single payment made by each country of the Special Union. If the Fund becomes insufficient, the Assembly decides his augmentation.b) the amount of the initial payment of each country to the said fund or of its participation in the increase thereof is proportional to the contribution of that country for the year in which the Fund is established or the increase decided.
(c) the proportion and the terms of payment shall be adopted by the Assembly on the proposal of the Director general, and on the advice of the coordination Committee of the organization.
(7) a) the headquarters agreement concluded with the country on whose territory the Organization has its headquarters provides that, if the Working Capital Fund is insufficient, this country allowed advances. (The amount of these advances and the conditions in which they are granted are, in each case, agreements between the countries concerned and the Organisation.b) the country referred to in subparagraph a) and the organization each have the right to denounce the commitment to grant advances, at, notification in writing. The denunciation shall take effect three years after the end of the year during which it has been notified.
(8) the auditing of the accounts is ensured, according to the modalities provided for in the financial regulation, by one or more countries of the Special Union or by external controllers, which are, with their consent, appointed by the Assembly.
Art. 8 amendment of art. 5-8-1) of the proposed changes to the art. 5, 6, 7 and this section may be made by any country of the Special Union or by the Director general. These proposals are communicated by the latter to the countries of the Union special six months at least before be subject to scrutiny of the Assembly.
(2) any change in the articles referred to in para. (1) is adopted by the Assembly. Adoption requires the three quarters of the votes cast; However, any change in the art. 5 and this paragraph requires four fifths of the votes cast.
(3) any change in the articles referred to in para. (1) between into force one month after the receipt by the Director general of notifications written acceptance, effected in accordance with their constitutional respective rules, on the part of three quarters of the countries that were members of the Special Union at the time the amendment was adopted. Any modification of the said articles thus accepted binds all countries that are members of the Special Union at the time when the amendment comes into force, or which become members at a subsequent date; However, any amendment increasing the financial obligations of countries of the Special Union binds only those that have notified their acceptance of such change.
Art. 9 ratification, accession; entry into force 1) any country party to the Paris Convention for the protection of industrial property which has signed this agreement may ratify it, and, if it has not signed it, may accede.
(2) the instruments of ratification and accession are deposited with the Director general.
((3) (a) of five countries that have, first, deposited their instruments of ratification or accession, this agreement comes into force three months after the deposit of the fifth of these instruments.b) has against any other country, this agreement comes into force three months after the date on which its ratification or accession was notified by the Director general unless a later date has been indicated in the instrument of ratification or accession. In the latter case, this agreement comes into force, with respect to that country on the date thus indicated.
(4) ratification or accession takes full legal accession to all the clauses and admission to all the advantages of this Arrangement.
SR 0.232.01/.04 art. 10 force and duration of the agreement this agreement has the same force and duration as the Paris Convention for the protection of industrial property.
SR 0.232.01/.04 art. 11 review of the art. 1 to 4 and 9 to 15 1) art. 1 to 4 and 9 to 15 of this agreement are likely to revisions to introduce desirable improvements.
(2) each of these revisions will be a Conference to be held between the delegates of the countries of the Special Union.
Art. 12 denunciation
(1) any country may denounce this agreement by notification addressed to the Director general. This denunciation does its effect only with respect to the country that made it, remaining in force and binding Arrangement with respect to other countries of the Special Union.
(2) the denunciation shall take effect one year after the day where the Director general has received the notification.
(3) the Faculty of denunciation provided for by this article may be exercised by any country before the expiration of a period of five years from the date on which he became a member of the Special Union.
Art. 13 Territories the provisions of art. 24 of the Paris Convention for the protection of industrial property shall apply to this agreement.
RS 0.232.04 and 0.232.01/.03 art. 16 art. (14 signature, languages, notifications 1) has) this agreement is signed in a single copy in the English and French languages, these texts being equally authentic. It is deposited with the Government of the Suisse.b) this Arrangement is open for signature, in Bern, until June 30, 1969.
(2) official texts are established by the Director general, after consultation with the interested Governments, in other languages as the Assembly may designate.
(3) the Director-general transmits two copies, certified compliant by the Government of Switzerland, of the signed text of this agreement to the Governments of the countries that have signed it and, on request to the Government of any other country.
(4) the Director-general did 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 the date of entry into force of the agreement, signatures, deposits of instruments of ratification or accession, acceptances of amendments to this agreement and the dates at which these changes come into effect, and notifications of denunciation.
Art. 15 transitional provision until the inauguration of the first director-general, the references in this agreement to the international Bureau of the organization or to the Director general are considered as respectively referring to the international offices gathered for the protection of intellectual property (BIRPI), or to their Manager.
In faith of what, the undersigned, duly authorized to that effect, have signed this agreement.
Made in Locarno, on October 8, 1968.
Annex list of classes and subclasses of the international classification changes to this annex are no longer published in the RO. The annex is therefore more in this collection. For more information on the list of classes and subclasses, contact the federal Office of intellectual property, 3003 Bern.
State on 9 April 2014 Resolution adopted by the Conference of Locarno on October 7, 1968, 1) shall be established with the international Bureau a provisional Committee of experts. This Committee includes one representative from each of the signatory countries of the Locarno Agreement establishing an international classification for industrial designs.
(2) the Provisional Committee is responsible for the international project Office of the alphabetical list of goods and the explanatory notes referred to in art. (1.5) of the Arrangement. It will also review the list of classes and subclasses annexed to the agreement and will submit to the international Bureau, if any, of changes and add-in projects to bring to this list, 3) the international Bureau is invited to prepare the work of the Provisional Committee and to convene it in the shortest time.
(4) upon the entry into force of the agreement, the Committee of experts provided for in his art. 3 make a decision on the projects referred to in para. (2) above.
(5) the costs of travel and stay of the members of the Provisional Committee are the responsibility of the countries they represent.
Scope on 9 April 2014 States parties Ratification, accession (A) Declaration of estate (S) entry into force July 25, 1990 Germany 25 October 1990 Argentina 9 February 2009 may 9, 2009 Armenia 13 April 2007 has July 13, 2007 22 June 1990 Austria 26 September 1990 Azerbaijan July 14, 2003 October 14, 2003 24 April 1998 Belarus has 24 July 1998 Belgium 23 March 2004 June 23, 2004 Bosnia and Herzegovina 2 June 1993 S 1 March
Bulgaria 27 November 1992 2000a February 27, 2001 China June 17, 1996 September 19, 1996 Korea (North) 6 March 1997 to June 6, 1997 (South) Korea 17 January 2011 has 17 April 2011 Croatia 28 July 1992 S 8 October 1991 Cuba 9 July 1998 was October 9, 1998 Denmark * 27 January 1971 27 April 1971 Spain 10 August 1973 17 November 1973 Estonia 31 July 1996 has 31 October 1996 Finland February 15, 1972 May 16, 1972
France 11 August 1975 September 13, 1975 Guadeloupe June 11, 1975 September 13, 1975 Guyana (French) June 11, 1975 September 13, 1975 Wallis - and - Futuna Islands 11 June 1975 September 13, 1975 Martinique June 11, 1975 September 13, 1975 New Caledonia 11 June 1975 September 13, 1975 Polynesia French June 11, 1975 September 13, 1975 meeting June 11, 1975 September 13, 1975 St. Pierre and Miquelon June 11, 1975 September 13, 1975 Austral lands and French Antarctic June 11, 1975 September 13, 1975 Greece 4 June 1999 September 4, 1999 Guinea 5 August 1996 has 5 November 1996 Hungary September 28, 1973 1 January 1974 Ireland 9 July 1970 27 April 1971 Iceland 23 December 1994 has 9 April 1995 Italy may 2, 1975 12 August 1975 Kazakhstan August 7, 2002 A November 7, 2002 Kyrgyzstan September 10, 1998 has 10 December 1998 Latvia 14 January 2005 April 14, 2005 Macedonia 23 July 1993 S 8 September 1991 Malawi July 24, 1995 At 24 October 1995 Mexico October 26, 2000 was 26 January 2001 Moldova September 1, 1997 December 1, 1997 Mongolia, on March 16, 2001 A 16 June 2001 Montenegro December 4, 2006 S 3 June 2006 Norway 27 January 1971 27 April 1971 Uzbekistan 19 April 2006 has 19 July 2006 Netherlands December 23, 1976 30 March 1977 Aruba 8 November 1986 8 November 1986 Poland 22 October 2013 has 22 January 2014 Czech Republic 18 December 1992 S 1 January 1993 Romania March 31, 1998 to June 30, 1998 United Kingdom 21 July 2003 has 21 October 2003 Russia * 8 September 1972 December 15, 1972 Serbia June 14, 2001 S 27 April 1992 Slovakia 30 December 1992 S January 1, 1993 Slovenia 12 June 1992 S 25 June 1991 Sweden July 7, 1970 27 April 1971 Switzerland 27 January 1971 27 April 1971 Tajikistan * February 14, 1994 of 21 December 1991 Trinidad and Tobago 20 December 1995 to 20 March 1996 Turkmenistan
March 7, 2006 June 7, 2006 Turkey 31 August 1998 was 30 November 1998 Ukraine April 7, 2009 has 7 July 2009 Uruguay October 19, 1999 19 January 2000 * 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.ompi.org/treaties/fr or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
1971 378 RO; FF 1970 I 977 RO 1971 377 1973 1720 RO, 1977 227, 1982 1939, 1990 1621, 2003 3425, 2006 4435, 2009 3191, 2014 963. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State on April 9, 2014