0.232.112.3 original text Madrid Agreement concerning the international registration of marks revised at Stockholm on July 14, 1967, concluded in Stockholm on 14 July 1967, approved by the Federal Assembly on December 2, 1969, Instrument of ratification deposited by Switzerland on January 26, 1970, entered into force for the Switzerland on 19 September 1970 (State June 29, 2013) art. 1 [establishment of a special Union - filing of marks the international Bureau - Definition of the country of origin] 1) the countries to which this agreement applies are constituted as a special Union for the international registration of marks.
(2) the nationals of each of the contracting countries will be able to ensure, in all other countries party to this agreement, the protection of their marks applicable to goods or services registered in the country of origin, for the filing of such marks at 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") made through the Administration of the country of origin.
(3) will be considered as country of origin the country of the Special Union where the applicant has an industrial or commercial establishment and effective; If there is no such establishment in a country of the Special Union, the countries of the Special Union where he has his domicile; If there is no domicile in the Special Union, the country of his nationality if he is a national of a country of the Special Union.
RS 0.230 art. 2 [reference to article 3 of the Paris Convention (Assimilation of certain categories of persons to the nationals of the countries of the Union)] are assimilated to nationals of the contracting countries nationals of countries not acceded to this Agreement who, in the territory of the Special Union constituted by the latter meet the conditions established by art. 3 of the Paris Convention for the protection of industrial property.
SR 0.232.01/.04 art. 3 [contents of application for international registration] 1) every application for international registration must be presented on the form prescribed by the implementing regulation; the Administration of the country of origin of the mark shall certify that the indications appearing on this application match those of the national register and indicate the dates and numbers of the filing and registration of the mark in the country of origin as well as the date of the international application.
(2) the applicant must indicate the goods or services for which protection of the mark is claimed, as well as, if possible, the corresponding classes according to the classification established by the Nice Agreement concerning the international classification of goods and services for the purposes of the registration of marks. If the applicant does not provide this indication, the international Bureau will organize products or services into the corresponding classes of the said classification. The classification indicated by the applicant will be submitted to the control of the international Bureau, which will exercise it in conjunction with the National Administration. In case of disagreement between the National Administration and the international Bureau, the opinion of the latter will be decisive.
(3) if the applicant claims color as a feature of his mark, he will be required: 1. to declare and to accompany his filing of a statement of the color or combination of colors claimed; 2. to attach to his application copies in color of the said mark, which will be attached to the notifications made by the international Bureau. The number of such copies will be set by the regulations.
(4) the international Bureau will register immediately the marks filed in accordance with art. 1. registration will be the date of the application for registration in the country of origin provided that the request is received by the international Bureau within the period of two months from that date. If demand is not received within this time limit, the international Bureau record it on the date on which it was received. The international Bureau shall notify this registration without delay to the Administrations concerned. Registered trade marks will be published in a journal published by the international Bureau, using the information contained in the application for registration. In regards to brands with a figurative element or a special graphics, the regulations will determine if a snapshot is to be supplied by the applicant.
(5) in view of the publicity to be given in the contracting countries to registered marks, each Administration will receive from the international Bureau a number of copies at reduced price of the above publication proportional number of units and a number of free copies referred to in art. (16.4) has) of the Paris Convention for the protection of industrial property in the conditions laid down by the implementing regulation. This advertisement will be considered in all the contracting countries as fully sufficient, and no other can be required of the applicant.
RS 0.232.112.21 RS 0.232.112.7/.9 RS 0.232.04 and 0.232.01/.03 art. 13 al. 8 art. 3 ["territorial limitation"] 1) each contracting country may, at any time, notify in writing to the Director-general of the Organization (hereinafter referred to as "the Director general") that protection resulting from the international registration shall extend to that country only if specifically asked the proprietor of the mark.
(2) this notification shall become effective six months after the date of the communication that will be made by the Director general to the other contracting countries.
Art. 3 [request "territorial extension"] 1) the application for an extension to a country having made use of the option opened by art. 3 the protection resulting from the international registration will have to be a special mention in the application referred to in art. 3, al. (1) (2) the request for territorial extension made subsequently to the international registration must be presented through the Administration of the country of origin on a form prescribed by the implementing regulation. It will be immediately recorded by the international Bureau which notify it without delay to the or to the Administrations concerned. It will be published in the periodic journal published by the international Bureau. This territorial expansion will produce its effects from the date it will be recorded in the international register; She will cease to be valid at expiration of the international registration of the mark to which it relates.
SR 0.232.112.21 art. 4 [effects of international registration] 1) from the record so made to the international Bureau according to the provisions of art. 3 and 3, the protection of the mark in each of the contracting countries concerned be the same if this mark there had been directly deposited. The classification of the products or services provided in art. 3 does not bind the contracting countries as regards the assessment of the scope of protection of the mark.
(2) any brand that has been the subject of an international registration shall enjoy the right of priority established by art. 4 of the Paris Convention for the protection of industrial property without being necessary to complete the formalities provided for in the letter D of this article.
SR 0.232.01/.04 art. 4 [substitution of registration for earlier national registrations] 1) when a mark already filed in one or more of the contracting countries, was later recorded by the international Bureau in the name of the same proprietor or his successor in title, the international registration will be considered as substituted for national registrations earlier, without prejudice to the rights acquired by the fact of the latter.
(2) the National Administration is on request, required to act, in its records, of the international registration.
Art. 5 [refusal by national Administrations] 1) in countries where their legislation authorized, Administrations to which the international Bureau shall notify the registration of a mark, or the request for extension of protection made in accordance with art. 3, will be able to declare that protection cannot be granted to that mark their territory. Such a refusal cannot be objected that in the conditions which would apply, under the Paris Convention for the protection of industrial property, to a trademark to the national registration. However, the protection may not be refused, even partially, for the sole reason that national legislation would permit registration only in a limited number of classes or for a limited number of products or services.
(2) the authorities who want to exercise that option must notify their refusal with an indication of the reasons, to the international Bureau within the prescribed by their national law, and at the latest before the end of a year counted from the international registration of the mark or of the request for extension of protection made in accordance with art. 3.
(3) the international Bureau will transmit without delay to the Administration of the country of origin and to the trademark owner or its agent, if it was indicated to the Bureau by the said Administration, one of the copies of the declaration of refusal so notified. The person concerned will have the same means of redress if the mark had been by him directly deposited in the country where the protection is refused.
(4) the grounds for refusal of a mark shall be communicated by the international Bureau to stakeholders who him request.
(5) the Government, within the maximum susindique of one year, don't have provided about a brand or a request for extension of protection record no decision of provisional or final refusal to the international Bureau, will lose the benefit of the option provided for in para. 1) of this section concerning the trade mark in question.
(6) the invalidation of an international brand may not be pronounced by the competent authorities, unless the proprietor of the mark has been able to assert their rights in due time. It will be notified to the international Bureau.
SR 0.232.01/.04 art. 5 [documentary evidence of legitimacy of use of certain elements of mark] the evidence of legitimacy of use of certain elements contained in the brands, such as arms, Escutcheons, portraits, honorary distinctions, titles, trade names, or names of persons other than the applicant, or other like inscriptions, which might be claimed by the offices of the contracting countries, will be exempt from any legalization , as well as from any certification other than that of the Administration of the country of origin.
Art. 5 [copy of the particulars contained in the international register - search of prior art - international registry extracts] 1) the international Bureau shall deliver to anyone who will make the request at a fee fixed by the regulations, a copy of the entries listed in the register relatively to a specific brand.
(2) the international Bureau may also, for a fee, arrange to searches for anticipation among international marks.
(3) extracts from the international register requested with a view to their production in one of the contracting countries will be exempt from any legalization.
SR 0.232.112.21 art. 6 [period of validity of international registration - independence of international registration - termination of protection in country of origin] 1) the registration of a mark at the international Bureau is made for twenty years, with the possibility of renewal under the conditions laid down in art. (7-2) at the end of a period of five years from the date of the international registration, this becomes independent of the national mark previously registered in the country of origin, subject to the following provisions.
(3) the protection resulting from the international registration, whether or not been of a transmission, cannot be invoked in whole or in part when, within five years from the date of the international registration, the brand national, previously registered in the country of origin according to art. 1 will most enjoy in all or part of the legal protection in this country. The same shall apply when this legal protection stops later as a result of an initiated action before the expiry of the period of five years.
(4) in the case of voluntary or ex officio cancellation, the Administration of the country of origin will ask the cancellation of the mark at the international Bureau, which will carry out this operation. In the event of legal action, the aforesaid Administration will communicate to the international Bureau, office or at the request of the applicant, a copy of the Act of the proceedings or of any other document justifying this introduction, as well as the final judgment; the Office will make mention in the international register.
Art. 7 [renewal of international registration] 1) registration may still be renewed for a period of twenty years from the expiration of the preceding period, by the simple payment of the basic fee and, if any, additional fees and additional fees provided for in art. 8, al. (2) 2) renewal may not include any changes compared to the previous registration in its latest form.
(3) the first renewal made in accordance with the provisions of the Nice Act of June 15, 1957, or of this Act must include an indication of the classes of the international classification to which the registration relates.
(4) six months before the expiry of the tarnished of protection, the international Bureau will remind the proprietor of the mark and its agent, by sending an unofficial notice, the exact date of this expiry.
(5) after the payment of a surcharge fixed by the regulations, a period of grace of six months will be given for the renewal of the international registration.
RS 0.232.112.2 RS 0.232.112.21 art. 8 [national tax - fee international - division of excess receipts, supplementary fees and additional fees] 1) the Administration of the country of origin shall fix at its discretion and collect his benefit a national tax what it will require of the owner of the mark whose registration or renewal is requested.
((2) the registration of a mark at the international Bureau will be subject to the prior regulations of an international fee which will include: a) a basic fee; b) an additional fee for any class of the international classification in addition to the third in which can be stored the goods or services covered by the mark; c) additional fee for any request for extension of protection under art. (3-3) However, the supplementary fee specified in para. (2) let. (b), could be settled within a period to be fixed by the regulations, if the number of classes of goods or services has been fixed or disputed by the international Bureau and without that it is prejudicial to the date of registration. If, at the expiry of the aforesaid period, the supplementary fee has not been paid or the list of goods or services has not been reduced by the applicant to the extent necessary, the international application will be considered abandoned.
((4) the annual product of the various receipts from international registration, with the exception of those provided for under b) and c) of para. (2), will be divided in equal parts between the countries party to this Act by the care of the international Bureau, after deduction of the expenses and charges necessitated by the execution of the said Act. If, at the time of the entry into force of this Act, a country has not yet ratified or has not yet acceded, there right up to the date of effect of ratification or accession, to a distribution of surplus revenue calculated on the basis of the earlier Act which it is applicable.
(5) the amounts of the supplementary fees referred to in para. (2) let. (b), will be divided at the expiration of each year among the countries party to this Act or to the Nice Act of June 15, 1957, proportionally the number of marks for which protection has been requested in each of them during the past year, this number being affected, with regard to the country in screening of a coefficient to be determined by the implementing regulation. If, at the time of the entry into force of this Act, a country has not yet ratified or has not yet acceded, is entitled, the date of effect of ratification or accession, to a breakdown of the amounts calculated on the basis of the Nice Act.
(6) the proceeds of the additional fees referred to in para. (2) let. (c), will be distributed according to the rules of the al. (5) among the countries having made use of the option provided for in art. 3. If, at the time of the entry into force of this Act, a country has not yet ratified or has not yet acceded, there right up to the date of effect of ratification or accession, to a breakdown of the amounts calculated on the basis of the Nice Act.
RS 0.232.112.21 RS 0.232.112.2 art. 8 [waiver for one or more countries] the holder of the international registration can still renounce protection in one or more of the contracting countries by means of a statement given to the Administration of his country, to be communicated to the international Bureau, which will notify it to the countries that this waiver is. It is subject to no tax.
Art. 9 [changes in national registries affecting also the international registration - Reduction of the list of goods and services listed in the international registration - Additions to this list - Substitutions in this list] 1) the Administration of the country of the holder will also notify the international Bureau cancellations, radiation, waivers, transmissions, and other changes to the registration of the mark in the national register, if such changes affect also the international registration.
(2) the Office will register these changes in the international register, shall notify them in turn to the offices of the contracting countries and publishes them in his diary.
(3) will be the same when the holder of the international registration will be asked to reduce the list of goods or services to which it applies.
(4) these operations may be subject to a fee to be determined by the implementing regulation.
(5) the subsequent addition of a new product or service to the list can be obtained only by a new deposit in accordance with the prescriptions of art. (3-6) A the addition includes the substitution of a product or service to another.
SR 0.232.112.21 art. 9 [transmission of an international brand, leading to the change of country of owner] 1) when a mark registered in the international register will be transferred to a person established in one contracting country other than the country of the holder of the international registration, the transmission will be notified to the international Bureau by the Administration of that country. The international Bureau will record the transmission, notify it to other Governments and publish in his journal. If the transmission has been made before the expiry of the period of five years from the international registration, the international Bureau shall seek the consent of the Administration of the country of the new owner and will publish, if possible, the date and registration number of the mark in the country of the new proprietor.
(2) no transfer of mark registered in the international register made in favour of a person not admitted to filing an international mark will be recorded.
(3) when a transmission could not be recorded in the international register, either as a result of the refusal of consent of the country of the new proprietor, either because it was made for the benefit of a person not admitted to request an international registration. The Administration of the country of the former proprietor shall have the right to ask the international Bureau to proceed with the cancellation of the mark on his record.
Art. 9 [assignment of an international mark for part only of the goods or services registered or some of the contracting countries - reference to article 6 of the Paris Convention (transfer of the mark)] 1) if the assignment of an international mark for part only of the goods or services registered shall be notified to the international Bureau, it record it in its register. Each of the contracting countries shall have the right not to admit the validity of this assignment if the goods or services included in the part so assigned are similar to those for which the mark is registered for the benefit of the transferor.
(2) the international Bureau will also record an assignment of international mark for one or more of the contracting countries only.
(3) If, in the previous cases, it is a change of the country of the owner, the Administration which is the new owner will have to, if the international mark has been transmitted before the expiry of the period of five years from the international registration, give the consent required under art. (9-4) the provisions of the preceding paragraphs shall apply only subject to art. 6 of the Paris Convention for the protection of industrial property.
SR 0.232.01/.04 art. 9 [common office of several contracting countries - several contracting countries asking to be treated as a single country] 1) If several countries of the Special Union agree to realize the unification of their national laws on marks, they may notify the Director general: has) that a common Office shall be substituted for the national Office of each of them, etb) that the whole of their respective territories shall be considered to be a single country for the application of all or part of the provisions preceding the This article.
(2) this notification shall become effective six months after the date of the communication that will be made by the Director general to the other contracting countries.
Art. 10 [Assembly of the Special Union] 1) has) the Special Union shall have an Assembly consisting of the countries that have ratified this Act or have adhere.b) the Government of each country is represented by one delegate, who may be assisted alternates, advisers and experts.c) the expenses of each delegation are supported by the Government that has designated it, except for travel expenses and the subsistence allowances for a delegate of each member country that are the charge of the particuliere.2 Union) a) the Assembly: i) deals with all matters concerning the maintenance and development of the Special Union and the implementation of this agreement; ii) gives to the international Bureau of the guidelines for the preparation of review conferences, being due account of comments from the countries of the Special Union which have not ratified this Act or have not signed; iii) amend the regulations and the amount of the fees referred to in art. 8.2) and other fees relating to international registration; iv) examines and approve the reports and activities of the Director general to the Special Union, and give him all useful guidelines on issues within the competence of the Special Union; v) stops the program, adopt the biennial budget of the Special Union, and approve its final accounts; vi) adopt the financial regulations of the Special Union; vii) creates the committees of experts and working groups as it deems useful to the achievement (objects 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. (10-13; 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 the issues that interest also to other Unions administered by the Organization, the Assembly statue having considered the opinion of the Committee for coordination of the expenses.3) a) each country member of the Assembly has a voix.b) half the country member of the Assembly is the 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 one third of the countries members of the Assembly It can 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 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 acquise.d) subject to the provisions of art. 13.2), the 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 only in the name of 14(2)(g)) countries of the Special Union which are not members of the Assembly are admitted to its meetings as observateurs.4) a) Assembly meets once every two years in ordinary session upon convocation by 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 Assemblee.c) the agenda of each session shall be prepared by the Director general.
(5) the Assembly shall adopt its rules of procedure.
RS 0.232.112.21 new content according to the amendments of 2 October. 1979, in force for Switzerland since Oct. 23. 1983 (1984 44 RO).
New content according to the amendments of 2 October. 1979, in force for Switzerland since Oct. 23. 1983 (1984 44 RO).
Art. 11 [international bureau] 1) has) tasks related to the international registration as well as the other administrative tasks to 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 and of the committees of experts and working groups that it can 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 participate, without the right to vote, in all meetings of the Assembly and any Committee of experts or working group that it 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. (10-13.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 participate, without the right to vote, in the deliberations in these conferences.
(4) the international Bureau perform all other tasks assigned to him.
Art. 12 [finances]
((1) (a) 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) the emoluments and other fees relating to international registration and fees and charges due for other services rendered by the international Bureau in relation to the Special Union; ii) product iii) donations from the sale of the publications of the international Bureau concerning the Special Union and the rights attached to these publications; (((, bequests and grants; iv) rents, interests and other income divers.4) has) the amount of the fees referred to in art. (8.2) and some other fees relating to international registration is fixed by the Assembly on the proposal of the Director general.b) this amount is fixed in such a way that the revenues of the Special Union from fees, other than the supplementary fees and additional fees referred to in art. 8.2) b) c), taxes and other income sources at least to cover the expenses of the international Bureau interesting Union particuliere.c) 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) subject to the provisions of para. (4) has), the amount of fees and charges due for other 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 to 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 as a member of the Paris Union for the protection of industrial property to the budget of the said Union for the year in which the Fund is established or the increase 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 Committee for coordination of the Organisation.d) as long as the Assembly authorizes the reserve fund of the Special Union to be used as working capital, the Assembly may suspend the application of the provisions of subparagraphs a), b) and (c).7) has) the headquarters agreement concluded with the country on whose territory the Organization has its headquarters provided that If the Working Capital Fund is insufficient, this country give 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. 13 [amendment of the art. 10 and 13] 1) of the proposed changes to the art. 10, 11, 12 and this section may be made by any country member of the Assembly, or by the Director general. These proposals are communicated by the latter to countries members of the Assembly at least six months prior to seeking review 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. 10 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 Assembly at the time the amendment was adopted. Any modification of the said articles thus accepted binding on all countries that are members of the Assembly at the time when the amendment comes into force, or which become members at a later date.
Art. 14 [ratification and accession - entry into force - accession to earlier acts - reference to article 24 of the Paris Convention (Territories)] 1) each country of the Special Union which has signed this Act may set it right and, if it has not signed it, may accede.
((2) (a) any country outside the Special Union, party to the Paris Convention for the protection of industrial property, may accede to this Act and become, as a result, Member of the particulier.b Union) as soon as the international Bureau is informed that such a country has acceded to this Act, it addressed to the Administration of that country, in accordance with art. 3, a collective notification of the marks which, at that time, enjoy the protection internationale.c) this notification ensures, by itself, said brands, the benefit of the previous provisions on the territory of the country and is run the period of one year during which the Administration interested can make the declaration provided for by art. 5.d) However, such a country, in acceding to this Act, may declare that, except regarding international brands have already been previously in this country subject to a national registration the same still in force and are immediately recognized on the request of those concerned, the application of this Act is limited to brands that are registered from the day when this membership becomes effective.e) this statement provides the international Bureau to give the notice collective because. He merely notify the brands for which demand to be put to the benefit of the exception provided in subparagraph d) reaches him, with the necessary details, within a period of one year from the accession of the new pays.f) the international Bureau is not collective notification to such countries that, in acceding to this Act, declare use of the option provided for in art. 3. these countries can also declare at the same time that the application of this Act is limited to brands that are registered from the day when accession becomes effective; However, this limitation does not reach international brands have already been previously, in this country, the object of an identical national registration and that may give rise to requests for extension of protection made and notified in accordance with the art. 3 and 8.2) c) 14(2)(g)) trademark registrations which have been the subject of notifications provided for in this paragraph are deemed to be substituted for the recordings directly in the new contracting country before the actual date of accession.
(3) instruments of ratification and accession are deposited with the Director general.
((4) (a) of five countries that have, first, deposited their instruments of ratification or accession, this Act shall come into force three months after the deposit of the fifth of these instruments.b) has against any other country, this Act 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 Act comes into force, with respect to that country on the date thus indicated.
(5) ratification or accession takes full legal accession to all the clauses and admission to all the advantages of this Act.
(6) after the entry into force of this Act, a country may accede to the Nice Act of June 15, 1957, only in conjunction with ratification of this Act or the membership. Accession to acts earlier than the Nice Act is not allowed, even jointly with the ratification of this Act or the membership.
(7) the provisions of art. 24 of the Paris Convention for the protection of industrial property shall apply to this agreement.
RS 0.232.01/.04 RS 0.232.112.2 RS 0.232.04 and 0.232.01/.03 art. 16 art. 15 [denunciation] 1) this agreement remains in effect indefinitely.
(2) any country may denounce this Act by notification addressed to the Director general. This denunciation takes also denunciation of all earlier acts and produces its effect only with respect to the country that made it, the agreement remaining in force and binding towards other countries of the Special Union.
(3) the denunciation shall take effect one year after the day where the Director general has received the notification.
(4) 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.
(5) International marks registered before the date at which the denunciation becomes effective, and not refused within one year under art. 5, continue, throughout the period of international protection, to benefit from the same protection as if they had been filed directly in this country.
Art. 16 [application of earlier actions] 1) has) this Act replaces, in relations between the countries of the Special Union on whose behalf it has been ratified or that have joined, from the day it comes into force with respect to them, the Madrid Agreement of 1891, in its texts earlier than the present Acte.b), however, each country of the Special Union which has ratified the present Act or who joined remains subject to the earlier texts which it has not previously reported under art. 12.4) of the Nice Act of June 15, 1957, in its dealings with countries which have not ratified this Act or who have not signed.
(2) countries outside the Special Union which become party to this Act apply it to international registrations to the international Bureau through the National Administration of any country of the Special Union which is not a party to this Act provided that these records meet, as such countries, to the conditions prescribed by this Act. As international registrations made at the international Bureau through the Administrations national of these countries outside the Special Union which become party to this Act, they admit that the countries referred to above requires the fulfillment of the conditions prescribed by the Act the most recent to which it is party.
[RO 12 847, 19 227; RS 11 963 968 975; RS 0.232.112.2] SR 0.232.112.2 art. 17 [signature, languages, depositary functions] 1) has) this Act is signed in a single copy in the French language and deposited with the Government of the Suede.b) official texts are established by the Director general, after consultation with the interested Governments, in other languages as the Assembly may indicate.
(2) this Act is opened for signature, in Stockholm until January 13, 1968.
(3) the Director general shall forward two copies, certified compliant by the Government of the Sweden, of the signed text of this Act to the Governments of all countries of the Special Union and, on request, to the Government of any other country.
(4) the Director-general did register this Act with the Secretariat of the United Nations.
(5) the Director general shall notify the Governments of all countries of the Special Union signatures, deposits of instruments of ratification or accession and declarations included in such instruments, entry into force of any provisions of this Act, notifications of denunciation, and notifications made pursuant to the art. (3, 9, 13, 14.7) and 15.2).
Art. 18 [transitional provisions] 1) until the inauguration of the first director-general, references in this Act to the international Bureau of the organization or to the Director general are considered as respectively referring to the Bureau of the Union established by the Paris Convention for the protection of industrial property or its Director.
(2) countries of the Special Union which have not ratified this Act or have not signed may, five years after the entry into force of the Convention establishing the Organization, exercise, if they so desire, the rights provided by the art. 10 to 13 of this Act, as if they were bound by those articles. Any country that wishes to exercise these rights tables for this purpose with the Director general a written notice, which shall take effect on the date of its receipt. Such countries shall be members of the Assembly until the expiration of the said period.
In faith of what, the undersigned, duly authorized to that effect, have signed this Act.
Done at Stockholm, 14 July 1967 (follow signatures) RS 0.230 scope on 29 June 2013 States parties Ratification, accession (A) Declaration of estate (S) entry into force Albania 4 July 1995 has 4 October 1995 Algeria 24 March 1972-5 July Germany 19 June 1972 1970 19 September Armenia 17 May 1970 S 1994, 25 December 1991 Austria 11 May 1973 August 18 Azerbaijan 25 September 1973 A 1995, 25 December 1995 Belarus 14 April 1993 S 25 December 1991 Belgium October 31, 1974 12 February 1975 Bhutan may 4, 2000 August 4, 2000 Bosnia and Herzegovina 2 June 1993 S 1 March 1992 Bulgaria April 25, 1985 1 August 1985 China * 4 July 1989 October 4, 1989 Cyprus 4 August 2003 has 4 November 2003 Korea (North) 7 March 1980 10 June 1980 Croatia 28 July 1992 8 October 1991 Cuba 6 September 1998 was December 6, 1998 Egypt 3 December 1974 has 6 March 1975 Spain March 6, 1979 June 8, 1979 France 2 May 1975 12 August 1975 Guadeloupe 2 May 1975 12 August 1975 Guyana (French) may 2, 1975 12 August 1975 Wallis - and - Futuna Islands may 2, 1975 12 August 1975 Martinique 2 May 1975 August 12, 1975 New Caledonia 2 May 1975 12 August 1975 Polynesia French 2 May 1975 August 12, 1975 meeting may 2, 1975 August 12, 1975 St. Pierre and Miquelon may 2, 1975 August 12, 1975
Austral lands and French Antarctic 2 May 1975 12 August 1975 Hungary December 18, 1969 September 19, 1970 Iran, on September 25, 2003 A December 25, 2003 Italy 20 January 1977 24 April 1977 Kazakhstan 16 February 1993 S December 25, 1991 Kenya 26 March 1998 has 26 June 1998 Kyrgyzstan February 14, 1994 of December 25, 1991 Lesotho, on November 12, 1998 to February 12, 1999 Latvia 29 September 1994 1 January 1995 Liberia September 25, 1995 was 25 December
1995 Liechtenstein 21 February 1972 may 25, 1972 Luxembourg December 19, 1974 March 24, 1975 Macedonia 23 July 1993 S September 8, 1991 Morocco, on October 16, 1975 January 24, 1976 Moldova 14 February 1994 S December 25, 1991 Monaco, on June 27, 1975 October 4, 1975 January 16, 1985 Mongolia has 21 April 1985 Montenegro December 4, 2006 S 3 June 2006 Mozambique 7 July 1998 was October 7, 1998 Namibia 31 March 2004 was June 30, 2004 Netherlands December 4
1974 6 March 1975 Poland December 14, 1990 A March 18, 1991 Portugal August 22, 1988 November 22, 1988 Czech Republic 18 December 1992 S January 1, 1993 Romania 28 February 1969 September 19, 1970 Russia March 15, 1976 July 1, 1976 San - Marino, on March 26, 1991 was June 26, 1991 Serbia 14 June 2001 S 27 April 1992 Sierra Leone 17 March 1997 has 17 June 1997 Slovakia 30 December 1992 S January 1, 1993 Slovenia 12 June 1992 S 25 June 1991 Sudan 15 February 1984 was May 16, 1984 Switzerland January 26, 1970 September 19, 1970 14 September 1998 Swaziland has 14 December 1998 Tajikistan 14 February 1994 S 25 December 1991 Ukraine September 21, 1992 S 25 December 1991 Viet Nam April 7, 1981 2 July 1976 * 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: http://www.wipo.int/treaties/fr or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
All States parties have invoked the benefit of art. 3 RO 1970 1694 of the titles have been added to the articles of the agreement in order to facilitate reading; the original text contains no titles.
Art. 1 c. 5 Dec 2 AF. 1969 (1970 601 RO) RO 1973 1717, 1978 806, 1982 1144, 980 1984, 1985 427, 1986-281, 1990-796, 2003 3887, 2006 4433, 2010 1623, 2015 1287. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State June 29, 2013