Key Benefits:
Original text
For the purposes of this Protocol,
1 [RS 11 983]
2 RS 0.232.121.1
3 RS 0.232.121.2
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(1) In respect of any international deposit of industrial design made by the national of a Contracting State bound by the 1934 Act and subject to paragraph (2), Articles 1 to 14 and 17 to 21 of the 1934 Act shall be applied by The Contracting States bound by the 1934 Act, whereas Articles 2 to 15 and 18 of the 1960 Act, which are reproduced in the Annex, are applied by the Contracting States not bound by the 1934 Act; the International Bureau applies the first Set of articles in respect of Contracting States bound by the 1934 Act and the second together Articles in respect of Contracting States not bound by the 1934 Act.
(2) At the time of international filing of an industrial design, the applicant who is a national of a Contracting State bound by the 1934 Act may request that the provisions of the 1960 Act be applied in respect of Any Contracting State bound by the 1934 Act; in respect of any international deposit accompanied by such application and in respect of the State or States named in the application, Articles 2 to 15 and 18 of the 1960 Act shall be applied by that Last State or the latter States and by the International Bureau.
In respect of any international deposit of industrial design made by the national of a Contracting State not bound by the 1934 Act, Articles 2 to 15 and 18 of the 1960 Act, which are reproduced in the Annex, shall be applied by all Contracting States and by the International Bureau.
(1) The modalities for the implementation of this Protocol shall be prescribed by a Regulations adopted by the Assembly of the Hague Union no later than two months after the entry into force of this Protocol. The implementing regulation thus adopted shall enter into force one month after its adoption.
(2) The rules of procedure of the Assembly of the Hague Union shall settle the right to vote in respect of the adoption and any amendment of the provisions of the Regulations which concern only the Contracting States.
With respect to any State which has not previously ratified or acceded to the 1967 Act, the ratification of this Protocol or accession to this Protocol shall include the automatic ratification of the 1967 Act or the automatic accession to This Act.
With regard to any State which is not a country of the Hague Union, the ratification of this Protocol or accession to this Protocol shall also have the effect that that State shall become a country of the Hague Union on the date on which the present Protocol shall enter into force for it.
(1) This Protocol may be signed by:
(2) Any State may become party to this Protocol by:
(3) Instruments of ratification or accession concerning this Protocol shall be deposited with the Director General.
(1) If several States form a regional group with a common administration in respect of industrial designs, each of the States forming that regional group may, at the time of the deposit of its instrument of ratification or accession In respect of this Protocol or at a later date to that deposit, file with the Director General a notification indicating the States forming the regional group and the terms
(2) Such notification shall produce the effects referred to in paragraph (1) one month after the date on which the Director General has received the notifications and deposits referred to in paragraph (1) of all the States forming the regional group or, in the event that that date is More than one month on the date of entry into force of this Protocol in respect of all the States forming the regional group, at the said date of entry into force.
(1) Subject to Article 11 (1), this Protocol shall enter into force one month after the deposit of the instruments of ratification or accession of two States bound by the 1934 Act and two States not bound by the 1934 Act; however, no deposit Industrial design shall not be effected under this Protocol before the entry into force of the Regulations referred to in Article 4.
(2) In respect of any State other than those whose instruments cause the entry into force of this Protocol under paragraph (1), this Protocol shall enter into force one month after the deposit of its instrument of ratification or accession.
(1) Any State may denounce this Protocol at any time after the expiration of five years from the date on which this Protocol entered into force in respect of that State.
(2) Any denunciation of this Protocol shall be effected by notification addressed to the Director General. It shall take effect one year after the day on which the Director General has received the notification.
(3) The denunciation of this Protocol by a Contracting State does not relieve it of its obligations as derived from this Protocol in respect of industrial designs of which the international filing date is earlier than The date on which the denunciation becomes effective.
(1) This Protocol shall not enter into force if, on the date on which it enters into force under Article 9 (1), the 1960 Act is already in force.
(1) This Protocol shall be signed in a single original, in the English and French languages, which shall be deposited with the Director General.
(2) Official texts shall be established by the Director General, after consultation with the Governments concerned, in the other languages which the Assembly of the Hague Union may indicate.
(3) This Protocol shall remain open for signature until 1 Er December 1975.
(4) The Director General shall certify and transmit two copies of this Protocol to the Governments of all States Parties to the Paris Convention for the Protection of Industrial Property 1 And, upon request, the Government of any other State.
(5) The Director General shall register this Protocol with the Secretariat of the United Nations.
(6) The Director General shall notify the Governments of all States Parties to the Paris Convention for the Protection of Industrial Property of the signatures, the deposit of instruments of ratification or accession, the entry into force of this Protocol and any other relevant notifications.
In witness whereof, The undersigned, duly authorized for that purpose, have signed this Protocol.
Done at Geneva, on the twenty-ninth of August, nine hundred and seventy-five.
(Suivent signatures)
(see Articles 2.1) and 3 of the Protocol)
For the purposes of this Agreement, the following shall be understood:
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2 RS 0.232.121.1
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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:
(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 State Administration. 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:
(3) (a) The application may also contain:
(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 Article 21, paragraph (2), number 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 request 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.
(5) With the exception of the cases referred to in paragraph (4), the public may become aware of the Register and of all documents and articles deposited in the International Bureau.
(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 Article 7, the National Authority of a Contracting State whose national law provides for the refusal of protection following an administrative examination of its own motion or following the opposition of a third party shall, in Refusal, to make known, within six months, to 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 conducts 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 period of six months referred to in paragraph (1) shall be calculated from the date on which the National Authority has received the number of the periodical bulletin in which 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 of refusal of the National Authority referred to in paragraph (1) only if he had filed his design with that Authority; in any case, the decision of refusal must be able to Be subject to review or appeal. Notification of the decision shall indicate:
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 Date of the priority 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 fixed by the Regulations.
(2) Subject to the payment of a surcharge fixed by the Regulation, 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.
(2) If the law of a Contracting State provides, for designs which have been the subject of a national filing, protection for which the term, with or without renewal, is greater 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 which have been the subject of an international deposit.
(3) Any Contracting State may, in 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 paragraph (1), letter (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 continues after the Date of expiration 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 paragraph (1) shall have the same effect as if it had been effected by the National Offices 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 in the publication with the authorization of the holder of the The design right, or if the labels of which these objects are fitted, bear the reference to the international reserve.
(3) The symbol (D) (capital letter D in a circle) accompanied by either:
(4) The only statement of the international reservation on articles or labels may in no way be interpreted as implying the renunciation of copyright protection or any other title, where, in The absence of such a statement, this protection may be obtained.
(1) The fees prescribed by the Regulations include:
(2) For the same deposit, the fees paid in respect of a Contracting State, under the provisions of paragraph (1), number 2 °, letter (a), shall be deducted from the amount of the fee referred to in paragraph (1), figure 2 °, letter (b), where the latter tax becomes chargeable For the said State.
The provisions of this Agreement shall not prevent the application of the broader requirements which would be enacted by the national law of a Contracting State and shall in no way affect the protection accorded to works Art and works of art applied by international treaties and conventions on copyright.
States Parties |
Ratification Accession (A) |
Entry into force |
||
Federal Republic of Germany |
26 November |
1981 |
26 December |
1981 |
Belgium |
22 February |
1979 |
1 Er April |
1979 |
France |
January 18 |
1980 |
18 February |
1980 |
Hungary |
7 March |
1984 A |
7 April |
1984 |
Liechtenstein |
1 Er March |
1979 |
1 Er April |
1979 |
Luxembourg |
22 February |
1979 A |
1 Er April |
1979 |
Monaco |
5 February |
1981 A |
March 5 |
1981 |
Netherlands |
22 February |
1979 |
1 Er April |
1979 |
Senegal |
30 May |
1984 A |
30 June |
1984 |
Switzerland |
1 Er March |
1979 |
1 Er April |
1979 |
Suriname |
16 November |
1976 A |
1 Er April |
1979 |
1 RS 0.232.121.2
1 RO 1979 607