0.232.143.1 original text Strasbourg Agreement concerning the international patent concluded in Strasbourg on 24 March 1971 approved by the Federal Assembly on October 3, 1972, Instrument of ratification deposited on December 20, 1972, entered into force for the Switzerland October 7, 1975 (State on May 3, 2013) the Contracting Parties, whereas adoption by the Switzerland, regarding global a uniform system for the patent classification, author of invention certificates, utility models and utility certificates is in the general interest and is likely to establish closer international cooperation and to promote the harmonization of legal systems in the field of industrial property, recognizing the importance of the Convention European on the international patent classification from December 19, 1954, by which the Council of Europe has established the international classification of patents for invention, having regard to the universal value of this classification and the importance for all countries party to the Paris Convention for the protection of industrial property, aware of the importance of this classification for the developing countries , by facilitating access to the always increasing amount of modern technology, because article 19 of the Paris Convention for the protection of industrial property of March 20, 1883, as it was revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at the Hague on 6 November 1925, at London on June 2, 1934 at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967, have agreed to the following: art. 1 establishment of a special Union; Adoption of an international classification the countries to which this agreement applies are set up as a special Union and adopt a common classification, called "international patent classification" (hereinafter "classification"), for patents for invention, author of invention certificates, utility models and utility certificates.
Art. 2 definition of the classification 1) has) classification consists of: i) the text which was established pursuant to the provisions of the European Convention on the international classification of patents for invention, of December 19, 1954 (hereinafter "ECHR"), which entered into force and was published by the Secretary general of the Council of Europe on September 1, 1968; ii) the changes that came into effect under art. (2.2) of the European Convention before the entry into force of this agreement; iii) changes made subsequently under art. 5 and which are in effect in accordance with art. 6. b) the user guide and the notes that are contained in the text of the classification are part of this one. 2) has) the text referred to in para. ((1)) i) is contained in two authentic copies, in English and French, deposited, at the time when this agreement is open for signature, one with the Secretary-General of the Council of Europe and the other with the Director general of the World Intellectual Property Organization (referred to as respectively following "CEO" and "Organization") established by the Convention of 14 July 1967.b) the changes referred to in para. ((1) (a) ii) are deposited in two authentic copies, in English and French, one with the Secretary-General of the Council of Europe and the other with the Director general.c) the changes referred to in para. ((1)) iii) are deposited in one authentic copy, in the English and French languages, with the Director general.
[RO 1403 1968, 1967 908. 1975 1830 RO] RS 0.230 art. 3 languages of the classification 1) classification is established in the English and French languages, both texts being equally authentic.
(2) the international Bureau of the Organization (referred to below as "international Bureau") establishes, in consultation with interested Governments, either on the basis of a translation proposed by these Governments, or through any other means that would have no financial implications on the budget of the Union or for the Organization, official texts of the classification in the languages German, Spanish, Japanese Portuguese, Russian and other languages that will designate the Assembly referred to in art. 7 art. 4 use of the classification 1) classification has only an administrative character.
(2) each country of the Special Union has the right to use the classification either as a principal or auxiliary system.
(3) the competent authorities of the countries of the Special Union shall include i) in patents, certificates of author of invention, utility models and utility certificates that they issue, as well as in the applications of such securities, they publish them or make them only available to the public for inspection, ii) in communications by which the official periodicals promoting the publication or the making available to the public of the documents referred to in subparagraph i) the complete symbols of the classification given to the invention which is the subject of the document referred to in subparagraph i).
(4) at the time of the signature of this agreement or of the deposit of the instrument of ratification or accession: i) any country may declare that it reserves of not to include the symbols relating to groups or subgroups of the classification in applications referred to in para. (3) that are only made available to the public for inspection and communications are related; ii) any country which does not proceed to the examination of the novelty of inventions, whether immediate or deferred, and the procedure for grant of patents or other titles of protection does not provide for a search on the State of the art may declare that it reserves not to include the symbols relating to groups and subgroups of the the classification in the documents and communications referred to in para. (3) if these conditions do exist for certain categories of titles of protection or certain fields of technology, the countries concerned can make use of the reserve to this extent.
(5) the symbols of the classification, preceded by the words "international patent classification" or an abbreviation adopted by the Committee of experts referred to in art. 5, will be printed in bold or another prominent way, at the top of each document referred to in para. (3) i) in which they appear.
(6) If a country of the Special Union entrusts the patents to an Intergovernmental Authority, it takes all measures in its power that this administration apply the classification in accordance with this section.
Art. 5 Committee of experts 1) there is established a Committee of experts in which each country of the Special Union is represented.
(2) a) the Director general shall invite intergovernmental organizations specialized in the field of patents and of which at least of the Member countries is party to this agreement, to be represented by observers at the meetings of the Committee of experts.b) the Director general may, and, at the request of the Committee of experts should invite representatives of other non-governmental organizations and international organizations to take part in the discussions that interest them.
((3) the Committee of experts: i) amends the classification; ii) address to the countries of the Special Union of recommendations to facilitate the use of the classification and to promote the application uniform; iii) prepared its contest to promote international cooperation in the reclassification of documentation for examination of inventions, taking into account the needs of countries in the process of development ((, iv) take all other measures, without financial implications for the budget of the Special Union or for the Organization, are required to facilitate the application of the classification by countries developing, v) has the right to establish subcommittees and working groups.
(4) the Committee of experts shall adopt its rules of procedure. The latter gives the intergovernmental organizations referred to in para. (2) a) who can make a substantial contribution to the development of the classification the opportunity to take part in the meetings of the subcommittees and working groups of the Committee of experts.
(5) proposals for changes to the classification may be made by the competent administration of any country of the Special Union, the international Bureau, the intergovernmental organizations represented on the Committee of experts under para. (2) has) and all other organizations specially invited by the Committee of experts to formulate such proposals. The proposals are communicated to the international Bureau, which submits them to the members of the Committee of experts and observers at the latest two months before the session of the Committee of experts, during which they will be considered.
((6) (a) each country member of the Committee of experts has a voix.b) the Committee of experts shall take decisions by a simple majority of the countries represented and votants.c) any decision that a fifth of the countries represented and voting consider as involving a transformation of the basic structure of the classification or as resulting in a significant work of reclassification must be taken by a majority of three quarters of the countries represented and votants.d) the abstention is not considered as a vote.
Art. 6 notification, entry into force and publication of amendments and other decisions 1) all decisions of the Committee of experts relating to amendments to the classification, as well as the recommendations of the Committee of experts, shall be notified by the international Bureau to the competent authorities of the countries of the Special Union. The changes come into force six months after the date of the sending of the notifications.
(2) the international Bureau incorporates the changes implemented in the classification. The changes are being published in journals designated by the Assembly referred to in art. 7 art. 7 Assembly of the Special 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) any intergovernmental organization referred to in art. 5.2) has) may be represented by an observer in the meetings of the Assembly and, if it so decides, in those of the committees and working groups established by the Assemblee.d) the expenses of each delegation are supported by the Government which has designee.2) has) subject to the provisions of art. 5, the Assembly: i) Treaty questions concerning the maintenance and development of the Special Union and the application of the present arrangement, ii) gives to the international Bureau of the guidelines for the preparation of the review conferences; iii) examines and approve the reports and activities of the Director general concerning the Special Union, and give 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 classification in languages other than English, the french and the one listed in art. ((3.2); vii) creates the committees and working groups as it deems useful to the achievement of the objectives of the Special Union; viii) Decides, subject to para. ((1) c), which are non-members of the Special Union and which intergovernmental and international non-governmental organizations that may be admitted as observers to its meetings and those of the committees and working groups established by it; are ix) take any other appropriate action to further the objectives of the Special Union; x) 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 the quorum.c) If this quorum is not reached, 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 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 this 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 acquise.d) subject to the provisions of art. 11.2), decisions of the Assembly are taken by a majority of two thirds of the votes exprimes.e) the abstention is not considered as a vote.f) a delegate may represent one country only and may vote in the name of this one. 4) a) Assembly meets once every two years) in regular session, at the invitation of the Director general and, save in exceptional cases (during the same period and at the same place as the General Assembly of the Organisation.b) the Assembly shall meet in extraordinary session upon convocation by the Director general, at the request of one-fourth of the countries members of the Assemblee.c) the agenda of each session shall be prepared by the Director general.
(5) the Assembly shall adopt its rules of procedure.
New content according to the amendments of 2 October. 1979, in force for Switzerland since Feb. 25. 1982 (1983 1093 RO).
New content according to the amendments of 2 October. 1979, in force for Switzerland since Feb. 25. 1982 (1983 1093 RO).
Art. 8 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 shall provide the secretariat of the Assembly, the Committee of experts and any other Committee or task force that the Assembly or the Committee of experts may create.c) Director general is the Chief Executive of the Special Union and shall represent.
(2) the Director general and any of the staff designated by him to take part, without the right to vote, in all meetings of the Assembly, the Committee of experts and any other Committee or 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 prepares the review conferences as directed by the Assemblee.b) the international Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of revision.c conferences) the Director general and persons designated by him to take part, without the right to vote, in the deliberations of the review conferences.
(4) the international Bureau perform all other tasks assigned to him.
Art. 9 finance 1) has) the Special Union shall have a budget.b) the budget of the Special Union include the income and expenses proper to the Special Union, its contribution to the budget of expenses common to the Unions, as well as applicable, the sum made available to the budget of the Conference of the has) are considered to be expenses common to the Unions which are not assigned exclusively to the Special Union but also to one or more other Unions administered by the organization. The part of the Special Union in such common expenses is proportional to the relevance these expenses to it.
(2) the budget of the Special Union is stopped due to the requirements of coordination with the budgets of the other Unions administered by the organization.
((3) the budget of the Special Union is 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 contribution 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 number of the units of all the pays.c) contributions shall become due on the first of January of each annee.d) a country in arrears in the payment of its contributions may not exercise its right to vote in any of the organs of the Special Union if the amount of its arrears is equal to or higher than that of the contributions which he is liable for the full two years passed. 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 was due to exceptional circumstances and inevitables.e) 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) 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 decidee.c) the proportion and the terms of payment shall be adopted by the Assembly (, on the proposal of the Director general and after consultation with the Coordinating Committee of the Organisation.7) has) the headquarters agreement concluded with the country on whose territory the Organization has its headquarters provides that, if the Working Capital Fund is insufficient, this country allowed advances. (The amount of these advances and the conditions in which they are granted are, in each case, agreements between the countries concerned and the Organisation.b) the country referred to in subparagraph a) and the organization each have the right to denounce the commitment to grant advances, with notice in writing. The denunciation shall take effect three years after the end of the year during which it has been notified.
(8) the auditing of the accounts is ensured, according to the modalities provided for in the financial regulation, by one or more countries of the Special Union or by external controllers, which are, with their consent, appointed by the Assembly.
Art. 10 revision of the agreement 1) this agreement may be revised from time to time by a Special Conference of the countries of the Special Union.
(2) the convocation of revision conferences is decided by the Assembly.
(3) art. 7, 8, 9 and 11 may be amended either by review conferences, according to the provisions of art. 11 art. 11 amendment of certain provisions of the agreement 1) of the proposed changes to the art. 7, 8, 9 and of the present article may be submitted 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 of article 7 and paragraph requires four fifths of the votes cast.
(3) has) any changes to the items referred to in para. (1) comes into force one month after the receipt by the Director general of notifications made in accordance with their respective, on the part of the three constitutional rules, written acceptance quarters of countries which were members of the Special Union at the time the change was adoptee.b) any modification of the said articles thus accepted binding on all countries that are members of the Special Union at the time when the amendment comes into force; However, any amendment increasing the financial obligations of countries of the Special Union binds only those that have notified their acceptance of such modification.c) any amendment accepted in accordance with subparagraph) bind all countries which become members of the Special Union after the date on which the change is entered into force according to subparagraph has).
Art. 12 modalities according to which the country can become party to the agreement 1) any country party to the Paris Convention for the protection of industrial property may become party to this agreement, by: i) followed signature of the deposit of an instrument of ratification, yes) the deposit of an instrument of accession.
(2) the instruments of ratification or accession are deposited with the Director general.
(3) the provisions of art. 24 of the Stockholm Act of the Paris Convention for the protection of industrial property shall apply to this agreement.
(4) the al. (3) cannot under any circumstances be interpreted as implying the recognition or tacit acceptance by any of the countries of the Special Union of the factual situation of any territory to which the present arrangement is made applicable by another country under the said paragraph.
Art. 13 entry into force of the agreement 1) has) this agreement comes into force one year after the deposit of the instruments of ratification or accession i) two-thirds of the countries which, at the date of the opening of the present arrangement for signature, are parties to the European Convention, II) of three countries party to the Paris Convention for the protection of industrial property, but not party to the European Convention one at least to be a country where, to the most recent annual statistics published by the international Bureau at the time of the deposit of its instrument of ratification or accession, more than 40,000 patents or certificates of author of invention applications.
(b) has the respect of all countries other than those for which the agreement entered into force according to subparagraph (a), this agreement comes into force one year after the date on which the ratification or accession of that country 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 indiquee.c) countries party to the European Convention which ratify this agreement or who adhere are required to denounce this Convention at the latest with effect from the day when this agreement comes into force with respect to them.
(2) ratification or accession takes full legal accession to all the clauses and admission to all the advantages of this arrangement.
Art. 14 duration of the agreement this agreement has the same duration as the Paris Convention for the protection of industrial property.
Art. 15 denunciation 1) any country of the Special Union may denounce this agreement by notification addressed to the Director general.
(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. 16 signature, languages, notification, depositary functions 1) has) this agreement is signed in a single original copy, in English and French languages, both texts being equally foi.b) this agreement remains open for signature at Strasbourg until September 30, 1971.c) the original of this agreement, when it is no longer open for signature, shall be filed with the Director general.
(2) official texts are established by the Director general, after consultation with the interested Governments, in German, Spanish, Japanese, Portuguese, Russian languages and in other languages as the Assembly may designate.
(3) a) the Director general shall certify and transmit two copies 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. In addition, it certifies and transmits a copy to the Secretary general of the Council of the Europe.b) the Director-general shall certify and transmit two copies of any changes to this agreement to the Governments of all countries of the Special Union and, on request, to the Government of any other country. In addition, it certifies and transmits a copy to the Secretary general of the Council of the Europe.c) the Chief Officer shall provide on request to the Government of any country that has signed this agreement or who adheres a copy, certified in accordance with, the classification in the English or French languages.
(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 party to the Paris Convention for the protection of industrial property and the Secretary general of the Council of Europe: i) signatures; ii) the deposit of instruments of ratification or accession; iii) the date of entry into force of this agreement, as well as iv) the reservation concerning the application of the classification; v) acceptances of this agreement changes; vi) the dates to which these amendments enter into force; vii) denunciations received.
Art. 17 provisions transitional scope may 3, 2013 1) during the two years following the entry into force of this agreement, the countries that are parties to the European Convention but are not yet members of the Special Union may, if they wish, in the Committee of experts the same rights as if they were members of the Special Union.
(2) during the three years following the expiry of the period provided for in para. (1) the subject countries subparagraph may be represented by observers at the sessions of the Committee of experts and, if it so decides, to that of the subcommittees and working groups established by it. During the same period, they can present proposals for changes to the classification under art. 5.5) and receive notification of the decisions and recommendations of the Committee of experts under art. 6.1).
(3) during the five years following the entry into force of this agreement, the countries that are parties to the European Convention but are not yet members of the Special Union may be represented by observers at the meetings of the Assembly and, if it so decides, in those of the committees and working groups established by it.
In faith, the undersigned duly authorized to that effect, have signed this agreement.
Done at Strasbourg, March 24, 1971.
Scope may 3, 2013, States parties Ratification, accession (A) Declaration of estate (S) entry into force Albania 24 July 2006 has 24 July 2007 Germany 13 July 1973 October 7, 1975 September 13 2007 Argentina has 13 September 2008 Armenia 6 December 2004-6 December 2005 Australia * November 7, 1974 has 12 November 1975 Austria 3 July 1974 7 October 1975 Azerbaijan 14 July 2003 A 14 July 2004 Belarus 12 March 1998-12 March 1999
Belgium * 30 June 1975 July 4, 1976 Bosnia and Herzegovina 27 October 2008 has 27 October 2009 Brazil 3 October 1974 October 7, 1975 Bulgaria 27 November 2000 November 27, 2001 Canada 11 January 1995 has 11 January 1996 China * 17 June 1996 June 19, 1997 (North) Korea, on November 21, 2001 was November 21, 2002 (South) Korea 8 October 1998 has 8 October 1999 Croatia 25 November 1999 November 25, 2000 Cuba November 9, 1995 A 9 November 1996 Denmark 9 January 1973 October 7, 1975 Egypt October 8, 1974 has 17 October 1975 Spain * 26 November 1974 29 November 1975 Estonia 24 February 1996 A February 27, 1997 United States December 21, 1973 October 7, 1975 Finland * may 14, 1975 16 May 1976 France * November 16, 1972 October 7, 1975 Greece 21 October 1996 October 21, 1997 Guinea * August 5, 1996 A August 5, 1997 Ireland * April 19, 1972 has 7 October 1975 Israel October 7, 1974 At 7 October 1975 Italy * March 28, 1979 30 March 1980 Japan 16 August 1976 18 August 1977 Kazakhstan January 24, 2002 January 24, 2003 Kyrgyzstan 10 September 1998 has 10 September 1999 Luxembourg * April 6, 1976 9 April 1977 Macedonia may 30, 2002 to May 30, 2003 Malawi 24 July 1995 July 24, 1996 Mexico October 26, 2000 at 26 October 2001 Moldova 1 September 1997 was 1 September 1998 Monaco * June 10, 1975 June 13, 1976
Mongolia 16 March 2001 16 March 2002 Montenegro January 6, 2012 has 6 January 2013 Norway * 30 January 1973 October 7, 1975 Uzbekistan, on October 12, 2001 was 12 October 2002 Netherlands September 13, 1974 7 October 1975 Netherlands Antilles September 13, 1974 7 October 1975 Aruba 13 September 1974 October 7, 1975 Curaçao September 13, 1974 7 October 1975 part Caribbean (Bonaire (, Sint Eustatius and Saba) September 13, 1974 7 October 1975 Sint Maarten September 13, 1974 7 October 1975 Poland 4 December 1996 December 4, 1997 Portugal 28 April 1978 has 1 May 1979 Czech Republic December 18, 1992 of January 1, 1993 Romania March 31, 1998 to March 31, 1999 United Kingdom * may 26, 1972 October 7, 1975 Russia 30 September 1975 A 3 October 1976 Serbia 15 July 2009 July 15, 2010 Slovakia 30 December 1992 S 1 January
1993 Slovenia 10 May 2001 A 10 May 2002 Sweden 17 May 1973 7 October 1975 Switzerland December 20, 1972 October 7, 1975 Suriname 16 November 1976 S 25 November 1975 Tajikistan 14 February 1994 S Trinidad and Tobago 25 December 1991 20 December 1995 was December 20, 1996 Turkmenistan, on March 7, 2006 to March 7, 2007 Turkey 1 October 1995 was 1 October 1996 Ukraine April 7, 2009 has 7 April 2010 Uruguay October 19, 1999 to October 19, 2000 * Reserves 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/wipolex/fr or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
1975 1814 RO; FF 1972 I 705 1975 1813 RO [RO 1403 1968, 1967 908. 1975 1830 RO] RS 0.232.01/.04 [RO 7 469, 16 353] [RO 19 214] [RS 11 913] RS 0.232.01 RS 0.232.02 RS 0.232.03 RS 0.232.04 1975 1814 RO, 1976 185, 1977 230, 1979 623, 1983 28, 2003 3427, 2006 4437, 2009 5127, 2013 1475. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State may 3, 2013