(1) The Contracting States shall consist of the State of Special Union for the International Deposit of Industrial Designs.

(2) Only the member States of the International Union for the Protection of Industrial Property may be party to this Agreement.

For the purposes of this Agreement, the following shall be understood:

Nationals of Contracting States or persons who, although not nationals of one of those States, are domiciled or have a real and effective industrial or commercial establishment in the territory of one of those States, May file designs with the International Bureau.

(1) The international deposit may be effected at the International Bureau:

1.

Directly, or

2.

Through the State Administration of a Contracting State if the law of that State so permits.

(2) The national law of any Contracting State may require that any international deposit for which that State is deemed to be a State of origin be submitted through its National Authority. Failure to comply with such a requirement shall not affect the effects of the international deposit in the other Contracting States.

(1) The international deposit shall include an application, one or more photographs or any other graphic representations of the design and the payment of the fees prescribed by the Regulations.

(2) The application shall contain:

1.

The list of Contracting States in which the applicant requests that the international deposit should have effect;

2.

The designation of the object or objects to which the design is intended to be incorporated;

3.

If the applicant wishes to claim priority under s. 9, the indication of the date, the State and the number of the deposit giving rise to the right of priority;

4.

Any other information prescribed by the Regulations.

(3) (a)

The application may also contain:

1.

A short description of characteristic features of the design;

2.

A declaration indicating the name of the true creator of the design;

3.

A request for deferment of publication as provided for in Art. 6, para. 4.

(b)

Copies or models of the object to which the design is incorporated may also be attached to the application.

(4) A multiple deposit may include several designs intended to be incorporated into objects in the same class of the International Classification of designs referred to in Art. 21, para. 2, c. 4.

(1) The International Bureau shall keep the International Register of Designs and register the international deposits.

(2) The international deposit shall be considered to have been effected on the date on which the International Bureau received the application in due form, the fees payable with the application and the photograph (s), or any other graphic representations of the Design or, if not received at the same time, on the date on which the last of those formalities were completed. The registration shall bear the same date.

(3) (a)

For each international deposit, the International Bureau shall publish in a periodical bulletin:

1.

Reproductions in black and white or, at the request of the applicant, reproductions in color, photographs or any other graphic representations filed;

2.

The international filing date;

3.

The information prescribed by the Regulations.

(b)

The International Bureau shall, as soon as possible, send the periodical bulletin to the National Authorities.

(4) (a)

The publication referred to in para. 3, let. (a) shall, at the request of the applicant, be adjourned during the period required by the applicant. This period may not exceed a period of twelve months from the international filing date. However, if priority is claimed, the starting point for that period is the priority date.

(b)

During the period referred to in the let. (a) above, the applicant may at any time request the immediate publication or withdraw his deposit. The withdrawal of the deposit may be limited to one or more Contracting States only and, in the case of multiple deposits, to any part of the designs included in the deposit.

(c)

If the applicant does not pay the required fees within the prescribed time limit before the expiry of the period referred to in the let. (a) above, the International Bureau shall cancel the deposit and shall not make the publication referred to in para. 3, let. (a).

(d)

Until the expiry of the period referred to in the let. (a) above, the International Bureau shall keep the registration of a deposit together with a request for deferred publication, and the public shall not be aware of any document or object concerning the deposit. These provisions shall apply without limitation as long as the applicant has withdrawn his deposit before the expiration of that period.

(5) Except for the cases referred to in para. 4, the public may become aware of the Register and of all documents and objects deposited in the International Bureau.

(1) (a)

Any deposit in the International Bureau shall produce, in each of the Contracting States designated by the applicant in his application, the same effects as if all the formalities provided for by the national law for obtaining protection had been complied with by the If all the administrative acts provided for that purpose had been carried out by the Administration of that State.

(b)

Subject to the provisions of Art. 11, the protection of designs which have been deposited in the International Bureau shall be governed in each of the Contracting States by the provisions of the national law which applies in that State to designs Protection is claimed by the national filing system and for which all the formalities have been complied with and all administrative acts have been performed.

(2) The international deposit shall not have any effect in the State of origin if the law of that State so provides.

(1) Notwithstanding the provisions of s. 7, the National Authority of a Contracting State whose national law provides for the refusal of protection following an administrative examination of an Office or as a result of the opposition of a third party must, in the case of refusal, make known, in a Six months, at the International Bureau, that the design does not comply with the requirements which this legislation imposes in addition to the formalities and administrative acts referred to in Article 7 (1). If the refusal is not notified within the six-month time limit, the international deposit shall have effect in that State from the date of that filing. However, in any Contracting State, which carries out a novelty examination, if a refusal has not been notified within the six-month time limit, the international deposit, while maintaining its priority, produces its effects in that State from The expiry of the said time limit, unless the national legislation provides for an earlier date for deposits made to its National Authority.

(2) The six-month period referred to in para. 1 shall be calculated from the date on which the National Authority has received the number of the periodical in which the registration of the international deposit is published. The National Authority must disclose this date to any third party on its request.

(3) The applicant shall have the same means of appeal against the decision to refuse the National Authority referred to in para. 1 if he had filed his design with that Authority; in any event, the decision of refusal must be subject to review or appeal. Notification of the decision shall indicate:

1.

The reasons for finding that the design does not meet the requirements of the national law;

2.

The date referred to in para. 2;

3.

The time limit for requesting a review or appeal;

4.

The Authority to which that application or appeal may be addressed.

(4)

(a) The National Authority of a Contracting State whose national law contains provisions of the nature of those provided for in para. 1 and which require a declaration indicating the name of the true creator of the design or a description of the design, may require that, within a time limit which cannot be less than 60 days from the sending of a request to that effect, By that Authority, the applicant shall furnish, in the language in which the application filed to the International Bureau has been written:

1.

A statement indicating the true creator of the design;

2.

A short description highlighting the essential characteristic features of the design, as they appear in the photographs or other graphic representations.

(b)

No fee shall be levied by a National Authority for the furnishing of such a declaration or description or for the publication thereof by the care of that National Authority.

(5) (a)

Each of the Contracting States whose national law contains provisions of the nature of those provided for in para. 1 shall inform the International Bureau accordingly.

(b)

If the law of a Contracting State provides for several systems for the protection of designs, and if one of those systems includes a novelty examination, the provisions of this Agreement, relating to the States that carry out such examination, Apply only in respect of this system.

If the international deposit of the design is effected within six months of the first filing of the same design in one of the member States of the International Union for the Protection of Industrial Property and the priority is For the international filing, the priority date is that of the first filing.

(1) The international deposit may be renewed every five years by the sole payment, in the last year of each five-year period, of the renewal fees set out in the Regulations.

(2) Subject to the payment of a surcharge fixed by the Regulations, a grace period of six months shall be granted for the renewal of the international deposit.

(3) When paying the renewal fees, must be indicated, the international filing number and, if the renewal is not to be effected for all Contracting States where the deposit is about to expire, those of those States where the Renewal must be carried out.

(4) Renewal may be limited to only part of the designs included in a multiple deposit.

(5) The International Bureau shall register and publish renewals.

(1) (a)

The term of protection granted by a Contracting State to designs which have been the subject of an international deposit may not be less than:

1.

Ten years from the international filing date if that deposit has been renewed;

2.

Five years from the international filing date in the absence of renewal.

(b)

However, if, under the provisions of the national law of a Contracting State which carries out a novelty examination, the protection starts at a date later than that of the international deposit, the minimum periods provided for in the let. (a) shall be calculated from the starting point of protection in that State. The fact that the international deposit is not renewed or is renewed only once shall in no way affect the minimum term of protection thus defined.

(2) If the law of a Contracting State provides for the protection of designs which have been the subject of a national deposit for which the term, with or without renewal, is more than ten years, protection of an equal duration shall be granted in That State on the basis of the international deposit and its renewals to the designs having been the subject of an international deposit on the basis of that deposit.

(3) Any Contracting State may, without its national law, limit the term of protection of designs which have been the subject of an international deposit to the times provided for in paragraph 1.

(4) Subject to the provisions of para. 1, let. (b), the protection shall terminate in the Contracting States on the date of expiration of the international deposit, unless the national law of those States provides that the protection shall continue after the expiration date of the international deposit.

(1) The International Bureau shall record and publish any change affecting the ownership of a design that is the subject of an international deposit in force. It is understood that the transfer of ownership may be limited to the rights deriving from the international deposit in one or more Contracting States only and, in the case of multiple filing, to only part of the designs included in the said Filing.

(2) The registration referred to in para. 1 produces the same effects as if it had been carried out by the national administrations of the Contracting States.

(1) The holder of an international deposit may, by means of a declaration addressed to the International Bureau, waive his rights for all Contracting States or for a certain number of them only and, in the case of multiple filing, for Only part of the designs included in the said deposit.

(2) The International Bureau shall record and publish the declaration.

(1) A Contracting State may require, for the recognition of the right, that a sign or reference to the deposit of the design be affixed to the object to which the design is incorporated.

(2) If the national law of a Contracting State provides for the affixing of a reservation to any other purpose, that State shall treat that requirement as satisfied if all the objects presented to the public with the authorization of the holder of the The design right, or if the labels bearing these objects bear the reference to the international reserve.

(3) The symbol (D) (capital letter D in a circle) accompanied by either:

1 °

The indication of the year of the international deposit and the usual name or abbreviation of the name of the applicant, or

2 °

The international filing number.

(4) The only statement of the international reservation on articles or labels may not in any way be interpreted as implying the waiver of copyright protection or any other title, where, in The absence of such a statement, this protection may be obtained.

(1) The fees prescribed in the Regulations include:

1.

Fees for the International Bureau;

2.

Fees for the Contracting States designated by the applicant, namely:

(a)

A fee for each Contracting State;

(b)

A fee for each of the Contracting States which carries out a novelty examination and requires the payment of a fee to carry out the examination.

(2) For the same filing, the fees paid in respect of a Contracting State under the provisions of para. 1, c. 2, let. (a) are deducted from the amount of the tax referred to in para. 1, c. 2, let. (b) where the latter tax becomes chargeable to the said State.

(1) The fees for the Contracting States referred to in Art. 15, para. 1, c. 2, are collected by the International Bureau which, each year, shall pay them to the Contracting States designated by the applicant.

(2) (a)

Any Contracting State may declare to the International Bureau that it waives the requirement for the additional fees referred to in Art. 15, para. 1, c. 2, let. (a) in respect of international deposits for which other Contracting States, having subscribed to the same renunciation, are deemed to be States of origin.

(b)

It may subscribe to the same renunciations in respect of the international deposit for which it is deemed to be a State of origin.

The Regulations shall lay down the details of the application of this Agreement and in particular:

(1) the languages and the number of copies in which the application for filing is to be made and the particulars to be included in the application;

(2) the amounts, the due dates and the method of payment of the fees for the International Bureau and the States, including the limitations imposed on the fee for the Contracting States which carry out a novelty examination;

(3) the number, format and other characteristics of the photographs or other graphic representations of each of the designs deposited;

(4) the length of the description of characteristic features of the design;

(5) the limits and conditions under which copies or models of the articles to which the design is incorporated may be attached to the application;

(6) the number of designs that may be included in a multiple deposit and other provisions governing multiple deposits;

(7) any matter relating to the publication and distribution of the periodical bulletin referred to in s. 6, para. 3, let. (a) including the number of copies of the Bulletin which are provided free of charge to the National Authorities and the number of copies that may be sold at reduced prices to those Authorities;

(8) the procedure for notification by the Contracting States of the decisions on refusal referred to in Art. 8, para. 1, as well as the procedure concerning the communication and publication of such decisions by the International Bureau;

(9) the conditions under which, by the International Bureau, the registration and publication of changes affecting the ownership of a design referred to in s. 12, para. 1, as well as renunciations referred to in s. 13;

(10) the destination to be given to documents and objects relating to deposits that are no longer subject to renewal.

The provisions of this Agreement shall not preclude the claiming of the application of the broader requirements which would be enacted by the national law of a Contracting State. They do not in any way affect the protection afforded to artistic works and works of art carried out by international treaties and conventions on copyright.

The fees of the International Bureau paid for the services provided for in this Agreement shall be fixed in such a way:

(a)

That their product covers all expenditure of the International Design Service as well as all those necessitated by the preparation and implementation of meetings of the International Committee of Designs or Conferences Revision of this Agreement,

(b)

They allow the retention of the reserve fund referred to in s. 20.

(1) A reserve fund shall be set up in the amount of 250 000 Swiss francs. The latter may be amended by the International Design Committee referred to in Art. 21 below.

(2) The reserve fund shall be financed by surplus income from the international design service.

(3) (a)

However, upon the entry into force of this Agreement, the reserve fund shall be constituted by the payment by each of the States of a single contribution calculated for each of them according to the number of units corresponding to the class to which It is for the purposes of s. 13, para. 8, of the Paris Convention for the Protection of Industrial Property ² .

(b)

States which become party to this Agreement after its entry into force will also have to pay a single contribution. This will be calculated according to the principles set out in the above paragraph, so that all States, irrespective of the date of their entry into the Agreement, pay the same contribution per unit.

(4) In the event that the amount of the contingency fund exceeds the expected ceiling, the surplus shall be periodically divided among the Contracting States in proportion to the single contribution made by each of them, up to the amount of that amount Assessment.

(5) Where the single contributions have been fully refunded, the International Design Committee may decide that no single member contributions will be required to become party to the Arrangement at a later date.

(1) An International Design Committee shall be established consisting of representatives of all Contracting States.

(2) The Committee shall have the following powers:

1.

It establishes its rules of procedure;

2.

Amending the Regulations;

3.

It shall amend the ceiling of the reserve fund referred to in Article 20;

4.

It establishes the international classification of designs;

5.

Investigating problems relating to the application and possible revision of this Agreement;

6.

Investigating any other problems relating to the international protection of designs;

7.

It shall decide on the annual management reports of the International Bureau and shall give general guidelines to the International Bureau concerning the performance of the functions entrusted to it under this Agreement;

8.

It draws up a report on the foreseeable expenditure of the International Bureau for each three-year period to come.

(3) The decisions of the Committee shall be made by a majority of four-fifths of its members present or represented and voting in the cases referred to in the c. 1, 2, 3 and 4 of para. 2 and by simple majority in all other cases. Forbearance is not considered to constitute a vote.

(4) The Committee shall be convened by the Director of the International Bureau:

1.

At least once every three years;

2.

At any time at the request of one third of the Contracting States or, if necessary, on the initiative of the Director of the International Bureau or the Government of the Swiss Confederation ² .

(5) The travel and subsistence expenses of the members of the Committee shall be borne by their respective Governments.

(1) The Regulations may be amended by the Committee under s. 21, para. 2, c. 2 or by the written procedure provided for in para. 2 below.

(2) In the case of an appeal to the written procedure, the amendments shall be proposed by the Director of the International Bureau by a circular letter addressed to all Contracting States. The amendments shall be considered adopted if, within one year of their communication, no Contracting State has made known its opposition to the Government of the Swiss Confederation ² .

(1) This Arrangement shall remain open for signature until December 31, 1961.

(2) It shall be ratified and the instruments of ratification shall be deposited with the Government of the Netherlands.

(1) Member States of the International Union for the Protection of Industrial Property which have not signed this Agreement shall be admitted to accede to it.

(2) This accession shall be notified by diplomatic means to the Government of the Swiss Confederation ¹ And by the latter to the Governments of all Contracting States.

(1) Any Contracting State undertakes to ensure the protection of industrial designs and to adopt, in accordance with its Constitution, the measures necessary to ensure the application of that Agreement.

(2) At the time of deposit of its instrument of ratification or accession, a Contracting State shall be able, in accordance with its national law, to give effect to the provisions of this Agreement.

(1) This Agreement shall enter into force upon the expiration of one month from the date of dispatch by the Government of the Swiss Confederation ¹ Contracting States, of the notification of the deposit of ten instruments of ratification or accession, including those of at least four States which, on the date of this Agreement, are not party to the 1925 Agreement or the 1934 Agreement.

(2) Thereafter, the deposit of instruments of ratification and accession shall be notified to the Contracting States by the Government of the Swiss Confederation ² ; these ratifications and accessions shall have effect at the expiration of the one-month period, from the date of the sending of that notification, unless, in the case of accession, a later date has been indicated in the instrument of accession.

Any Contracting State may, at any time, notify the Government of the Swiss Confederation ¹ This Agreement shall apply to all or part of the territories for which it is responsible for international relations. The Government of the Swiss Confederation ² Notify all Contracting States, and the Agreement also applies to the territories designated in the notification one month after the submission of the communication by the Government of the Swiss Confederation ³ Contracting States, unless a later date has been indicated in the notification.

(1) Any Contracting State may denounce this Agreement in its own name and in the name of all or part of the territories which have been the subject of the notification provided for in Art. 27, by a notification addressed to the Government of the Swiss Confederation ¹ . Such denunciation shall have effect upon expiry of a period of one year from its receipt by the Government of the Swiss Confederation ² .

(2) The denunciation of this Agreement by a Contracting State shall not relieve it of its obligations in respect of designs which have been the subject of an international registration prior to the date on which the Denunciation becomes effective.

(1) This Agreement shall be subject to periodic revisions ¹ , with a view to introducing improvements to improve the protection resulting from the international deposit of designs.

(2) The Revision Conferences shall be convened at the request of the International Design Committee or ² At least half of the Contracting States.

(1) Several Contracting States may notify the Government of the Swiss Confederation at any time ¹ Under the conditions specified in this notification:

1.

A common administration is substituted for the national administration of each of them;

2.

They must be regarded as a single State for the application of art. 2 to 17 of this Agreement.

(2) Such notification shall take effect only six months after the date of the sending of the communication by the Government of the Swiss Confederation ² To other Contracting States.

(1) Only this Agreement shall bind, in their mutual relations, the States party to both this Agreement and the 1925 Agreement or the 1934 Agreement. However, those States will be obliged in their mutual relations to apply the provisions of the 1925 Agreement or those of the 1934 Agreement, as the case may be, to designs deposited in the International Bureau prior to the date To which this Agreement binds them in their mutual relations.

(2) (a)

Any State Party, both to this Agreement and to the 1925 Agreement, is required to comply with the provisions of the 1925 Agreement in its relations with States which are parties only to the 1925 Agreement, unless that State Party Did not denounce the 1925 Agreement.

(b)

Any State Party, both to this Agreement and the 1934 Agreement, is required to comply with the provisions of the 1934 Agreement in its relations with States which are parties only to the 1934 Agreement, unless that State Party Did not denounce the 1934 Agreement.

(3) States that are party to this Agreement have no obligation to States that are party to the 1925 Agreement or the 1934 Agreement, without being party to this Agreement at the same time.

(1) The signature and ratification of this Agreement by a State Party, on the date of this Agreement, to the 1925 Agreement or the 1934 Agreement, as well as the accession to this Agreement of such a State shall be considered as valid Signature and ratification of the Protocol ¹ Annexed to this Agreement, or accession to this Protocol, unless that State has entered into an express declaration in the opposite direction, upon signature or deposit of its instrument of accession.

(2) Any Contracting State which has subscribed to the declaration referred to in subs. 1, or any other Contracting State which is not a party to the 1925 Agreement, or the 1934 Agreement, may sign the Protocol annexed to this Agreement or accede to it. When signing or deposiing its instrument of accession, it may declare that it does not consider itself bound by the provisions of s. (2) (a) or 2 (b) of the Protocol; in such case, the other States party to the Protocol shall not be required to apply in their relations with the State which has made use of that option, the provision which has been the subject of that declaration. The provisions of Art. 23 to 28 inclusive apply by analogy.

This Act shall be signed in a single copy which shall be deposited in the archives of the Government of the Netherlands. A certified copy shall be furnished by the latter to the Government of each State which has signed or acceded to this Agreement.

In witness whereof, The undersigned Plenipotentiaries, having submitted their full powers, recognized in good and due form, have signed.

Done at The Hague, twenty-eight November thousand nine hundred and sixty.

(Suivent signatures)