General Laws and Regulations of Intellectual Property |
- Paris Convention
for the Protection of Industrial Property |
Paris Convention for the
Protection of Industrial Property*
(of March 20, 1883,as
revised at Brussels on December 14, 1900, at Washington
on June 2, 1911, at The Hague on November 6, 1925,
at London on June 2, 1934, at Lisbon on October 31, 1958,
and at Stockholm on July 14, 1967,
and as amended on September 28, 1979)
TABLE OF CONTENTS**
Article 1:
Establishment of the Union; Scope of Industrial Property
Article 2:
National Treatment for Nationals of Countries of the Union
Article 3:
Same Treatment for Certain Categories of Persons as for Nationals of Countries
of the Union
Article 4:
A. to I. Patents, Utility Models, Industrial Designs, Marks, Inventors'
Certificates: Right of Priority.- G. Patents: Division of the
Application
Article 4bis:
Patents: Independence of Patents Obtained for the Same Invention in
Different Countries
Article 4ter:
Patents: Mention of the Inventor in the Patent
Article 4quater:
Patents: Patentability in Case of Restrictions of Sale by Law
Article 5:
A Patents: Importation of Articles; Failure to Work or Insufficient
Working; Compulsory Licenses. - B. Industrial Designs: Failure to Work;
Importation of Articles. - C. Marks: Failure to Use; Different Forms;
Use by Co-proprietors. - D. Patents, Utility Models, Marks, Industrial
Designs: Marking
Article 5bis:
All Industrial Property Rights: Period of Grace for the Payment of Fees for
the Maintenance of Rights; Patents: Restoration
Article 5ter:
Patents: Patented Devices Forming Part of Vessels, Aircraft, or Land
Vehicles
Article 5quater:
Patents: Importation of Products Manufactured by a Process Patented in the
Importing Country
Article 5quinquies:
Industrial Designs
Article 6:
Marks: Conditions of Registration; Independence of Protection of Same Mark
in Different Countries
Article 6bis:
Marks: Well-Known Marks
Article 6ter:
Marks: Prohibitions concerning State Emblems, Official Hallmarks, and
Emblems of Intergovernmental Organizations
Article 6quater:
Marks: Assignment of Marks
Article 6quinquies:
Marks: Protection of Marks Registered in One Country of the Union in the
Other Countries of the Union
Article 6sexies:
Marks: Service Marks
Article 6septies:
Marks: Registration in the Name of the Agent or Representative of the
Proprietor Without the Latter's Authorization
Article 7:
Marks: Nature of the Goods to which the Mark is Applied
Article 7bis:
Marks: Collective Marks
Article 8:
Trade Names
Article 9:
Marks, Trade Names: Seizure, on Importation, etc., of Goods Unlawfully
Bearing a Mark or Trade Name
Article 10:
False Indications: Seizure, on Importation, etc., of Goods Bearing False
Indications as to their Source or the Identity of the Producer
Article 10bis:
Unfair Competition
Article 10ter:
Marks, Trade Names, False Indications, Unfair Competition: Remedies, Right
to Sue
Article 11:
Inventions, Utility Models, Industrial Designs, Marks: Temporary Protection
at Certain International Exhibitions
Article 12:
Special National Industrial Property Services
Article 13:
Assembly of the Union
Article 14:
Executive Committee
Article 15:
International Bureau
Article 16:
Finances
Article 17:
Amendment of Articles 13 to 17
Article 18:
Revision of Articles 1 to 12 and 18 to 30
Article 19:
Special Agreements
Article 20:
Ratification or Accession by Countries of the Union; Entry Into Force
Article 21:
Accession by Countries Outside the Union; Entry Into Force
Article 22:
Consequences of Ratification or Accession
Article 23:
Accession to Earlier Acts
Article 24:
Territories
Article 25:
Implementation of the Convention on the Domestic Level
Article 26:
Denunciation
Article 27:
Application of Earlier Acts
Article 28:
Disputes
Article 29:
Signature, Languages, Depositary Functions
Article 30:
Transitional Provisions
Article 1
[Establishment of the Union; Scope of Industrial Property]1
(1) The
countries to which this Convention applies constitute a Union for the
protection of industrial property.
(2) The
protection of industrial property has as its object patents, utility models,
industrial designs, trademarks, service marks, trade names, indications of
source or appellations of origin, and the repression of unfair competition.
(3)
Industrial property shall be understood in the broadest sense and shall apply
not only to industry and commerce proper, but likewise to agricultural and
extractive industries and to all manufactured or natural products, for example,
wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer,
flowers, and flour.
(4)
Patents shall include the various kinds of industrial patents recognized by the
laws of the countries of the Union, such as patents of importation, patents of
improvement, patents and certificates of addition, etc.
Article 2
[National Treatment for Nationals of Countries of the Union]
(1)
Nationals of any country of the Union shall, as regards the protection of
industrial property, enjoy in all the other countries of the Union the
advantages that their respective laws now grant, or may hereafter grant, to
nationals; all without prejudice to the rights specially provided for by this
Convention. Consequently, they shall have the same protection as the latter,
and the same legal remedy against any infringement of their rights, provided
that the conditions and formalities imposed upon nationals are complied with.
(2)
However, no requirement as to domicile or establishment in the country where
protection is claimed may be imposed upon nationals of countries of the Union
for the enjoyment of any industrial property rights.
(3) The
provisions of the laws of each of the countries of the Union relating to
judicial and administrative procedure and to jurisdiction, and to the
designation of an address for service or the appointment of an agent, which may
be required by the laws on industrial property are expressly reserved.
Article 3
[Same Treatment for Certain Categories of Persons as for Nationals of Countries
of the Union]
Nationals
of countries outside the Union who are domiciled or who have real and effective
industrial or commercial establishments in the territory of one of the
countries of the Union shall be treated in the same manner as nationals of the
countries of the Union.
Article 4
[A to I. Patents, Utility Models, Industrial Designs, Marks, Inventors'
Certificates: Right of Priority. - G. Patents: Division of the
Application]
A.-
(1) Any
person who has duly filed an application for a patent, or for the registration
of a utility model, or of an industrial design, or of a trademark, in one of
the countries of the Union, or his successor in title, shall enjoy, for the
purpose of filing in the other countries, a right of priority during the
periods hereinafter fixed.
(2) Any
filing that is equivalent to a regular national filing under the domestic
legislation of any country of the Union or under bilateral or multilateral
treaties concluded between countries of the Union shall be recognized as giving
rise to the right of priority.
(3) By a
regular national filing is meant any filing that is adequate to establish the
date on which the application was filed in the country concerned, whatever may
be the subsequent fate of the application.
B.-
Consequently, any subsequent filing in any of the other countries of the Union
before the expiration of the periods referred to above shall not be invalidated
by reason of any acts accomplished in the interval, in particular, another
filing, the publication or exploitation of the invention, the putting on sale
of copies of the design, or the use of the mark, and such acts cannot give rise
to any third-party right or any right of personal possession. Rights acquired
by third parties before the date of the first application that serves as the
basis for the right of priority are reserved in accordance with the domestic
legislation of each country of the Union
C.-
(1) The
periods of priority referred to above shall be twelve months for patents and
utility models, and six months for industrial designs and trademarks.
(2) These
periods shall start from the date of filing of the first application; the day
of filing shall not be included in the period.
(3) If the
last day of the period is an official holiday, or a day when the Office is not
open for the filing of applications in the country where protection is claimed,
the period shall be extended until the first following working day.
(4) A
subsequent application concerning the same subject as a previous first
application within the meaning of paragraph (2), above, filed in
the same country of the Union shall be considered as the first application, of
which the filing date shall be the starting point of the period of priority,
if, at the time of filing the subsequent application, the said previous
application has been withdrawn, abandoned, or refused, without having been laid
open to public inspection and without leaving any rights outstanding, and if it
has not yet served as a basis for claiming a right of priority. The previous
application may not thereafter serve as a basis for claiming a right of
priority.
D.-
(1) Any
person desiring to take advantage of the priority of a previous filing shall be
required to make a declaration indicating the date of such filing and the
country in which it was made. Each country shall determine the latest date on
which such declaration must be made.
(2) These
particulars shall be mentioned in the publications issued by the competent
authority, and in particular in the patents and the specifications relating
thereto.
(3) The
countries of the Union may require any person making a declaration of priority
to produce a copy of the application (description, drawings, etc.) previously
filed. The copy, certified as correct by the authority which received such
application, shall not require any authentication, and may in any case be
filed, without fee, at any time within three months of the filing of the
subsequent application. They may require it to be accompanied by a certificate
from the same authority showing the date of filing, and by a translation.
(4) No
other formalities may be required for the declaration of priority at the time
of filing the application. Each country of the Union shall determine the
consequences of failure to comply with the formalities prescribed by this
Article, but such consequences shall in no case go beyond the loss of the right
of priority.
(5)
Subsequently, further proof may be required.
Any person
who avails himself of the priority of a previous application shall be required
to specify the number of that application; this number shall be published as
provided for by paragraph (2), above.
E. -
(1) Where
an industrial design is filed in a country by virtue of a right of priority
based on the filing of a utility model, the period of priority shall be the
same as that fixed for industrial designs.
(2)
Furthermore, it is permissible to file a utility model in a country by virtue
of a right of priority based on the filing of a patent application, and vice
versa.
F.
- No country of the Union may refuse a priority or a patent application on the
ground that the applicant claims multiple priorities, even if they originate in
different countries, or on the ground that an application claiming one or more
priorities contains one or more elements that were not included in the
application or applications whose priority is claimed, provided that, in both
cases, there is unity of invention within the meaning of the law of the
country.
With
respect to the elements not included in the application or applications whose
priority is claimed, the filing of the subsequent application shall give rise
to a right of priority under ordinary conditions.
G. -
(1) If the
examination reveals that an application for a patent contains more than one
invention, the applicant may divide the application into a certain number of
divisional applications and preserve as the date of each the date of the
initial application and the benefit of the right of priority, if any.
(2) The
applicant may also, on his own initiative, divide a patent application and
preserve as the date of each divisional application the date of the initial
application and the benefit of the right of priority, if any. Each country of
the Union shall have the right to determine the conditions under which such division
shall be authorized.
H.
- Priority may not be refused on the ground that certain elements of the
invention for which priority is claimed do not appear among the claims
formulated in the application in the country of origin, provided that the
application documents as a whole specifically disclose such elements.
I.-
(1)
Applications for inventors' certificates filed in a country in which applicants
have the right to apply at their own option either for a patent or for an
inventor's certificate shall give rise to the right of priority provided for by
this Article, under the same conditions and with the same effects as
applications for patents.
(2) In a
country in which applicants have the right to apply at their own option either
for a patent or for an inventor's certificate, an applicant for an inventor's
certificate shall, in accordance with the provisions of this Article relating
to patent applications, enjoy a right of priority based on an application for a
patent, a utility model, or an inventor's certificate.
Article 4bis
[Patents: Independence of Patents Obtained for the
Same Invention in Different Countries]
(1)
Patents applied for in the various countries of the Union by nationals of
countries of the Union shall be independent of patents obtained for the same
invention in other countries, whether members of the Union or not.
(2) The
foregoing provision is to be understood in an unrestricted sense, in
particular, in the sense that patents applied for during the period of priority
are independent, both as regards the grounds for nullity and forfeiture, and as
regards their normal duration.
(3) The
provision shall apply to all patents existing at the time when it comes into
effect.
(4)
Similarly, it shall apply, in the case of the accession of new countries, to
patents in existence on either side at the time of accession.
(5)
Patents obtained with the benefit of priority shall, in the various countries
of the Union, have a duration equal to that which they would have, had they
been applied for or granted without the benefit of priority.
Article 4ter
[Patents: Mention of the Inventor in the Patent]
The
inventor shall have the right to be mentioned as such in the patent.
Article 4quater
[Patents: Patentability in Case of Restrictions of Sale by Law]
The grant
of a patent shall not be refused and a patent shall not be invalidated on the
ground that the sale of the patented product or of a product obtained by means
of a patented process is subject to restrictions or limitations resulting from
the domestic law.
Article 5
[A. Patents: Importation of Articles; Failure to Work or Insufficient
Working; Compulsory Licenses. - B. Industrial Designs: Failure to
Work; Importation of Articles. - C. Marks: Failure to Use;
Different Forms; Use by Co-proprietors. - D. Patents, Utility Models, Marks,
Industrial Designs: Marking]
A.-
(1)
Importation by the patentee into the country where the patent has been granted
of articles manufactured in any of the countries of the Union shall not entail
forfeiture of the patent.
(2) Each country
of the Union shall have the right to take legislative measures providing for
the grant of compulsory licenses to prevent the abuses which might result from
the exercise of the exclusive rights conferred by the patent, for example,
failure to work.
(3)
Forfeiture of the patent shall not be provided for except in cases where the
grant of compulsory licenses would not have been sufficient to prevent the said
abuses. No proceedings for the forfeiture or revocation of a patent may be
instituted before the expiration of two years from the grant of the first
compulsory license.
(4) A
compulsory license may not be applied for on the ground of failure to work or
insufficient working before the expiration of a period of four years from the
date of filing of the patent application or three years from the date of the
grant of the patent, whichever period expires last; it shall be refused if the
patentee justifies his inaction by legitimate reasons. Such a compulsory
license shall be non-exclusive and shall not be transferable, even in the form
of the grant of a sub-license, except with that part of the enterprise or
goodwill which exploits such license.
(5) The
foregoing provisions shall be applicable, mutatis mutandis, to utility models.
B.
- The protection of industrial designs shall not, under any circumstance, be
subject to any forfeiture, either by reason of failure to work or by reason of
the importation of articles corresponding to those which are protected.
C.-
(1) If, in
any country, use of the registered mark is compulsory, the registration may be
cancelled only after a reasonable period, and then only if the person concerned
does not justify his inaction.
(2) Use of
a trademark by the proprietor in a form differing in elements which do not
alter the distinctive character of the mark in the form in which it was
registered in one of the countries of the Union shall not entail invalidation
of the registration and shall not diminish the protection granted to the mark.
(3)
Concurrent use of the same mark on identical or similar goods by industrial or
commercial establishments considered as co-proprietors of the mark according to
the provisions of the domestic law of the country where protection is claimed
shall not prevent registration or diminish in any way the protection granted to
the said mark in any country of the Union, provided that such use does not
result in misleading the public and is not contrary to the public interest.
D.
- No indication or mention of the patent, of the utility model, of the registration
of the trademark, or of the deposit of the industrial design, shall be required
upon the goods as a condition of recognition of the right to protection.
Article 5bis
[All Industrial Property Rights: Period of Grace for
the Payment of Fees for the Maintenance of Rights;
Patents: Restoration]
(1) A
period of grace of not less than six months shall be allowed for the payment of
the fees prescribed for the maintenance of industrial property rights, subject,
if the domestic legislation so provides, to the payment of a surcharge.
(2) The
countries of the Union shall have the right to provide for the restoration of
patents which have lapsed by reason of non-payment of fees.
Article 5ter
[Patents: Patented Devices Forming Part of Vessels, Aircraft, or Land
Vehicles]
In any
country of the Union the following shall not be considered as infringements of
the rights of a patentee:
1. the use
on board vessels of other countries of the Union of devices forming the subject
of his patent in the body of the vessel, in the machinery, tackle, gear and
other accessories, when such vessels temporarily or accidentally enter the
waters of the said country, provided that such devices are used there
exclusively for the needs of the vessel;
2. the use
of devices forming the subject of the patent in the construction or operation
of aircraft or land vehicles of other countries of the Union, or of accessories
of such aircraft or land vehicles, when those aircraft or land vehicles
temporarily or accidentally enter the said country.
Article 5quater
[Patents: Importation of Products Manufactured by
a Process Patented in the Importing Country]
When a
product is imported into a country of the Union where there exists a patent
protecting a process of manufacture of the said product, the patentee shall
have all the rights, with regard to the imported product, that are accorded to
him by the legislation of the country of importation, on the basis of the
process patent, with respect to products manufactured in that country.
Article 5qu
nquies
[Industrial Designs]
Industrial
designs shall be protected in all the countries of the Union.
Article 6
[Marks: Conditions of Registration; Independence of Protection of Same
Mark in Different Countries]
(1) The
conditions for the filing and registration of trademarks shall be determined in
each country of the Union by its domestic legislation.
(2)
However, an application for the registration of a mark filed by a national of a
country of the Union in any country of the Union may not be refused, nor may a
registration be invalidated, on the ground that filing, registration, or
renewal, has not been effected in the country of origin.
(3) A mark
duly registered in a country of the Union shall be regarded as independent of
marks registered in the other countries of the Union, including the country of
origin.
Article 6bis
[Marks: Well-Known Marks]
(1) The
countries of the Union undertake, ex officio if their legislation so permits,
or at the request of an interested party, to refuse or to cancel the
registration, and to prohibit the use, of a trademark which constitutes a
reproduction, an imitation, or a translation, liable to create confusion, of a
mark considered by the competent authority of the country of registration or
use to be well known in that country as being already the mark of a person
entitled to the benefits of this Convention and used for identical or similar
goods. These provisions shall also apply when the essential part of the mark
constitutes a reproduction of any such well-known mark or an imitation liable
to create confusion therewith.
(2) A
period of at least five years from the date of registration shall be allowed
for requesting the cancellation of such a mark. The countries of the Union may
provide for a period within which the prohibition of use must be requested.
(3) No
time limit shall be fixed for requesting the cancellation or the prohibition of
the use of marks registered or used in bad faith.
Article 6ter
[Marks: Prohibitions concerning State Emblems, Official Hallmarks, and
Emblems of Intergovernmental Organizations]
(1)
(a)
The countries of the Union agree to refuse or to invalidate the registration,
and to prohibit by appropriate measures the use, without authorization by the
competent authorities, either as trademarks or as elements of trademarks, of
armorial bearings, flags, and other State emblems, of the countries of the
Union, official signs and hallmarks indicating control and warranty adopted by
them, and any imitation from a heraldic point of view.
(b)
The provisions of subparagraph (a), above, shall apply equally to
armorial bearings, flags, other emblems, abbreviations, and names, of
international intergovernmental organizations of which one or more countries of
the Union are members, with the exception of armorial bearings, flags, other
emblems, abbreviations, and names, that are already the subject of
international agreements in force, intended to ensure their protection.
(c)
No country of the Union shall be required to apply the provisions of subparagraph (b),
above, to the prejudice of the owners of rights acquired in good faith before
the entry into force, in that country, of this Convention. The countries of the
Union shall not be required to apply the said provisions when the use or
registration referred to in subparagraph (a), above, is not
of such a nature as to suggest to the public that a connection exists between
the organization concerned and the armorial bearings, flags, emblems,
abbreviations, and names, or if such use or registration is probably not of
such a nature as to mislead the public as to the existence of a connection
between the user and the organization.
(2)
Prohibition of the use of official signs and hallmarks indicating control and
warranty shall apply solely in cases where the marks in which they are incorporated
are intended to be used on goods of the same or a similar kind.
(3)
(a)
For the application of these provisions, the countries of the Union agree to
communicate reciprocally, through the intermediary of the International Bureau,
the list of State emblems, and official signs and hallmarks indicating control
and warranty, which they desire, or may hereafter desire, to place wholly or
within certain limits under the protection of this Article, and all subsequent
modifications of such list. Each country of the Union shall in due course make
available to the public the lists so communicated. Nevertheless such
communication is not obligatory in respect of flags of States.
(b)
The provisions of subparagraph (b) of paragraph (1)of
this Article shall apply only to such armorial bearings, flags, other emblems,
abbreviations, and names, of international intergovernmental organizations as
the latter have communicated to the countries of the Union through the
intermediary of the International Bureau.
(4) Any country
of the Union may, within a period of twelve months from the receipt of the
notification, transmit its objections, if any, through the intermediary of the
International Bureau, to the country or international intergovernmental
organization concerned.
(5) In the
case of State flags, the measures prescribed by paragraph (1),
above, shall apply solely to marks registered after November 6, 1925.
(6) In the
case of State emblems other than flags, and of official signs and hallmarks of
the countries of the Union, and in the case of armorial bearings, flags, other
emblems, abbreviations, and names, of international intergovernmental
organizations, these provisions shall apply only to marks registered more than
two months after receipt of the communication provided for in paragraph (3),
above.
(7) In
cases of bad faith, the countries shall have the right to cancel even those
marks incorporating State emblems, signs, and hallmarks,which were registered
before November 6, 1925.
(8)
Nationals of any country who are authorized to make use of the State emblems,
signs, and hallmarks, of their country may use them even if they are similar to
those of another country.
(9) The
countries of the Union undertake to prohibit the unauthorized use in trade of
the State armorial bearings of the other countries of the Union, when the use
is of such a nature as to be misleading as to the origin of the goods.
(10) The
above provisions shall not prevent the countries from exercising the right
given in paragraph (3) of Article 6quinquies, Section B,
to refuse or to invalidate the registration of marks incorporating, without
authorization, armorial bearings, flags, other State emblems, or official signs
and hallmarks adopted by a country of the Union, as well as the distinctive
signs of international intergovernmental organizations referred to in paragraph (1),
above.
Article 6quater
[Marks: Assignment of Marks]
(1) When,
in accordance with the law of a country of the Union, the assignment of a mark
is valid only if it takes place at the same time as the transfer of the
business or goodwill to which the mark belongs, it shall suffice for the
recognition of such validity that the portion of the business or goodwill
located in that country be transferred to the assignee, together with the
exclusive right to manufacture in the said country, or to sell therein, the
goods bearing the mark assigned.
(2) The
foregoing provision does not impose upon the countries of the Union any
obligation to regard as valid the assignment of any mark the use of which by
the assignee would, in fact, be of such a nature as to mislead the public,
particularly as regards the origin, nature, or essential qualities, of the
goods to which the mark is applied.
Article 6quinquies
[Marks: Protection of Marks Registered in One Country of
the Union in the Other Countries of the Union]
A.-
(1) Every
trademark duly registered in the country of origin shall be accepted for filing
and protected as is in the other countries of the Union, subject to the
reservations indicated in this Article. Such countries may, before proceeding
to final registration, require the production of a certificate of registration
in the country of origin, issued by the competent authority. No authentication
shall be required for this certificate.
(2) Shall
be considered the country of origin the country of the Union where the
applicant has a real and effective industrial or commercial establishment, or,
if he has no such establishment within the Union, the country of the Union
where he has his domicile, or, if he has no domicile within the Union but is a
national of a country of the Union, the country of which he is a national.
B.-
Trademarks covered by this Article may be neither denied registration nor
invalidated except in the following cases:
1. when
they are of such a nature as to infringe rights acquired by third parties in
the country where protection is claimed;
2. when
they are devoid of any distinctive character, or consist exclusively of signs
or indications which may serve, in trade, to designate the kind, quality,
quantity, intended purpose, value, place of origin, of the goods, or the time
of production, or have become customary in the current language or in the bona
fide and established practices of the trade of the country where protection is
claimed;
3. when
they are contrary to morality or public order and, in particular, of such a
nature as to deceive the public. It is understood that a mark may not be
considered contrary to public order for the sole reason that it does not
conform to a provision of the legislation on marks, except if such provision
itself relates to public order.
This
provision is subject, however, to the application of Article 10bis.
C.-
(1) In
determining whether a mark is eligible for protection, all the factual
circumstances must be taken into consideration, particularly the length of time
the mark has been in use.
(2) No
trademark shall be refused in the other countries of the Union for the sole
reason that it differs from the mark protected in the country of origin only in
respect of elements that do not alter its distinctive character and do not
affect its identity in the form in which it has been registered in the said
country of origin.
D.
- No person may benefit from the provisions of this Article if the mark for
which he claims protection is not registered in the country of origin.
E.
- However, in no case shall the renewal of the registration of the mark in the
country of origin involve an obligation to renew the registration in the other
countries of the Union in which the mark has been registered.
F.-
The benefit of priority shall remain unaffected for applications for the
registration of marks filed within the period fixed by Article 4, even
if registration in the country of origin is effected after the expiration of
such period.
Article 6sexies
[Marks: Service Marks]
The
countries of the Union undertake to protect service marks. They shall not be
required to provide for the registration of such marks.
Article 6septies
[Marks: Registration in the Name of the Agent or Representative of the
Proprietor Without the Latter's Authorization]
(1) If the
agent or representative of the person who is the proprietor of a mark in one of
the countries of the Union applies, without such proprietor's authorization,
for the registration of the mark in his own name, in one or more countries of
the Union, the proprietor shall be entitled to oppose the registration applied
for or demand its cancellation or, if the law of the country so allows, the
assignment in his favor of the said registration, unless such agent or
representative justifies his action.
(2) The
proprietor of the mark shall, subject to the provisions of paragraph (1),
above, be entitled to oppose the use of his mark by his agent or representative
if he has not authorized such use.
(3)
Domestic legislation may provide an equitable time limit within which the
proprietor of a mark must exercise the rights provided for in this Article.
Article 7
[Marks: Nature of the Goods to which the Mark is Applied]
The nature
of the goods to which a trademark is to be applied shall in no case form an
obstacle to the registration of the mark.
Article 7bis
[Marks: Collective Marks]
(1) The
countries of the Union undertake to accept for filing and to protect collective
marks belonging to associations the existence of which is not contrary to the
law of the country of origin, even if such associations do not possess an
industrial or commercial establishment.
(2) Each
country shall be the judge of the particular conditions under which a
collective mark shall be protected and may refuse protection if the mark is
contrary to the public interest.
(3)
Nevertheless, the protection of these marks shall not be refused to any
association the existence of which is not contrary to the law of the country of
origin, on the ground that such association is not established in the country
where protection is sought or is not constituted according to the law of the
latter country.
Article 8
[Trade Names]
A trade
name shall be protected in all the countries of the Union without the
obligation of filing or registration, whether or not it forms part of a
trademark.
Article 9
[Marks, Trade Names: Seizure, on Importation, etc.,
of Goods Unlawfully Bearing a Mark or Trade Name]
(1) All
goods unlawfully bearing a trademark or trade name shall be seized on
importation into those countries of the Union where such mark or trade name is
entitled to legal protection.
(2)
Seizure shall likewise be effected in the country where the unlawful affixation
occurred or in the country into which the goods were imported.
(3)
Seizure shall take place at the request of the public prosecutor, or any other
competent authority, or any interested party, whether a natural person or a
legal entity, in conformity with the domestic legislation of each country.
(4) The
authorities shall not be bound to effect seizure of goods in transit.
(5) If the
legislation of a country does not permit seizure on importation, seizure shall
be replaced by prohibition of importation or by seizure inside the country.
(6) If the
legislation of a country permits neither seizure on importation nor prohibition
of importation nor seizure inside the country, then, until such time as the
legislation is modified accordingly, these measures shall be replaced by the
actions and remedies available in such cases to nationals under the law of such
country.
Article 10
[False Indications: Seizure, on Importation, etc.,
of Goods Bearing False Indications as to their Source
or the Identity of the Producer]
(1) The
provisions of the preceding Article shall apply in cases of direct or indirect
use of a false indication of the source of the goods or the identity of the
producer, manufacturer, or merchant.
(2) Any
producer, manufacturer, or merchant, whether a natural person or a legal
entity, engaged in the production or manufacture of or trade in such goods and
established either in the locality falsely indicated as the source, or in the
region where such locality is situated, or in the country falsely indicated, or
in the country where the false indication of source is used, shall in any case
be deemed an interested party.
Article 10bis
[Unfair Competition]
(1) The
countries of the Union are bound to assure to nationals of such countries
effective protection against unfair competition.
(2) Any
act of competition contrary to honest practices in industrial or commercial
matters constitutes an act of unfair competition.
(3) The
following in particular shall be prohibited:
1. all
acts of such a nature as to create confusion by any means whatever with the
establishment, the goods, or the industrial or commercial activities, of a
competitor;
2. false
allegations in the course of trade of such a nature as to discredit the
establishment, the goods, or the industrial or commercial activities, of a
competitor;
3.
indications or allegations the use of which in the course of trade is liable to
mislead the public as to the nature, the manufacturing process, the
characteristics, the suitability for their purpose, or the quantity, of the
goods.
Article 10ter
[Marks, Trade Names, False Indications, Unfair Competition: Remedies,
Right to Sue]
(1) The
countries of the Union undertake to assure to nationals of the other countries
of the Union appropriate legal remedies effectively to repress all the acts
referred to in Articles 9,
10, and 10bis.
(2) They
undertake, further, to provide measures to permit federations and associations
representing interested industrialists, producers, or merchants, provided that
the existence of such federations and associations is not contrary to the laws
of their countries, to take action in the courts or before the administrative
authorities, with a view to the repression of the acts referred to in Articles 9, 10, and 10bis, in so far as
the law of the country in which protection is claimed allows such action by
federations and associations of that country.
Article 11
[Inventions, Utility Models, Industrial Designs, Marks: Temporary
Protection at Certain International Exhibitions]
(1) The
countries of the Union shall, in conformity with their domestic legislation,
grant temporary protection to patentable inventions, utility models, industrial
designs, and trademarks, in respect of goods exhibited at official or
officially recognized international exhibitions held in the territory of any of
them.
(2) Such
temporary protection shall not extend the periods provided by Article 4. If,
later, the right of priority is invoked, the authorities of any country may
provide that the period shall start from the date of introduction of the goods
into the exhibition.
(3) Each
country may require, as proof of the identity of the article exhibited and of
the date of its introduction, such documentary evidence as it considers
necessary.
Article 12
[Special National Industrial Property Services]
(1) Each
country of the Union undertakes to establish a special industrial property
service and a central office for the communication to the public of patents,
utility models, industrial designs, and trademarks.
(2) This
service shall publish an official periodical journal. It shall publish
regularly:
(a)
the names of the proprietors of patents granted, with a brief designation of
the inventions patented;
(b)
the reproductions of registered trademarks.
Article 13
[Assembly of the Union]
(1)
(a)
The Union shall have an Assembly consisting of those countries of the Union
which are bound by Articles 13to
17.
(b)
The Government of each country shall be represented by one delegate, who may be
assisted by alternate delegates, advisors, and experts.
(c)
The expenses of each delegation shall be borne by the Government which has
appointed it.
(2)
(a)
The Assembly shall:
(i) deal
with all matters concerning the maintenance and development of the Union and
the implementation of this Convention;
(ii) give
directions concerning the preparation for conferences of revision to the
International Bureau of Intellectual Property (hereinafter designated as
"the International Bureau") referred to in the Convention
establishing the World Intellectual Property Organization (hereinafter
designated as "the Organization"), due account being taken of any
comments made by those countries of the Union which are not hound by Articles 13to 17;
(iii)
review and approve the reports and activities of the Director General of the
Organization concerning the Union, and give him all necessary instructions
concerning matters within the competence of the Union;
(iv) elect
the members of the Executive Committee of the Assembly;
(v) review
and approve the reports and activities of its Executive Committee, and give
instructions to such Committee;
(vi)
determine the program and adopt the biennial budget of the Union, and approve
its final accounts;
(vii)
adopt the financial regulations of the Union;
(viii)
establish such committees of experts and working groups as it deems appropriate
to achieve the objectives of the Union;
(ix)
determine which countries not members of the Union and which intergovernmental
and international nongovernmental organizations shall be admitted to its
meetings as observers;
(x) adopt
amendments to Articles 13to
17;
(xi) take
any other appropriate action designed to further the objectives of the Union;
(xii)
perform such other functions as are appropriate under this Convention;
(xiii)
subject to its acceptance, exercise such rights as are given to it in the
Convention establishing the Organization.
(b)
With respect to matters which are of interest also to other Unions administered
by the Organization, the Assembly shall make its decisions after having heard
the advice of the Coordination Committee of the Organization.
(3)
(a)
Subject to the provisions of subparagraph (b), a delegate may
represent one country only.
(b)
Countries of the Union grouped under the terms of a special agreement in a
common office possessing for each of them the character of a special national
service of industrial property as referred to in Article 12may
be jointly represented during discussions by one of their number.
(4)
(a)
Each country member of the Assembly shall have one vote.
(b)
One-half of the countries members of the Assembly shall constitute a quorum.
(c)
Notwithstanding the provisions of subparagraph (b), if, in any
session, the number of countries represented is less than one-half but equal to
or more than one-third of the countries members of the Assembly, the Assembly
may make decisions but, with the exception of decisions concerning its own
procedure, all such decisions shall take effect only if the conditions, set
forth hereinafter are fulfilled. The International Bureau shall communicate the
said decisions to the countries members of the Assembly which were not
represented and shall invite them to express in writing their vote or
abstention within a period of three months from the date of the communication.
If, at the expiration of this period, the number of countries having thus
expressed their vote or abstention attains the number of countries which was
lacking for attaining the quorum in the session itself, such decisions shall
take effect provided that at the same time the required majority still obtains.
(d)
Subject to the provisions of Article 17(2),
the decisions of the Assembly shall require two-thirds of the votes cast.
(e)
Abstentions shall not be considered as votes.
(5)
(a)
Subject to the provisions of subparagraph (b), a delegate may vote
in the name of one country only.
(b)
The countries of the Union referred to in paragraph (3)(b)shall, as
a general rule, endeavor to send their own delegations to the sessions of the
Assembly. If, however, for exceptional reasons, any such country cannot send
its own delegation, it may give to the delegation of another such country the
power to vote in its name, provided that each delegation may vote by proxy for
one country only. Such power to vote shall be granted in a document signed by
the Head of State or the competent Minister.
(6)
Countries of the Union not members of the Assembly shall be admitted to the
meetings of the latter as observers.
(7)
(a)
The Assembly shall meet once in every second calendar year in ordinary session
upon convocation by the Director General and, in the absence of exceptional
circumstances, during the same period and at the same place as the General
Assembly of the Organization.
(b)
The Assembly shall meet in extraordinary session upon convocation by the
Director General, at the request of the Executive Committee or at the request
of one-fourth of the countries members of the Assembly.
(8) The
Assembly shall adopt its own rules of procedure.
Article 14
[Executive Committee]
(1) The
Assembly shall have an Executive Committee.
(2)
(a)
The Executive Committee shall consist of countries elected by the Assembly from
among countries members of the Assembly. Furthermore, the country on whose
territory the Organization has its headquarters shall, subject to the
provisions of Article 16(7)(b), have an ex officio seat on the
Committee.
(b)
The Government of each country member of the Executive Committee shall be
represented by one delegate, who may be assisted by alternate delegates,
advisors, and experts.
(c)
The expenses of each delegation shall be borne by the Government which has
appointed it.
(3) The
number of countries members of the Executive Committee shall correspond to
one-fourth of the number of countries members of the Assembly. In establishing
the number of seats to be filled, remainders after division by four shall be
disregarded.
(4) In
electing the members of the Executive Committee, the Assembly shall have due
regard to an equitable geographical distribution and to the need for countries
party to the Special Agreements established in relation with the Union to be
among the countries constituting the Executive Committee.
(5)
(a)
Each member of the Executive Committee shall serve from the close of the
session of the Assembly which elected it to the close of the next ordinary
session of the Assembly.
(b)
Members of the Executive Committee may be re-elected, but only up to a maximum
of two-thirds of such members.
(c)
The Assembly shall establish the details of the rules governing the election
and possible re-election of the members of the Executive Committee.
(6)
(a)
The Executive Committee shall:
(i)
prepare the draft agenda of the Assembly;
(ii)
submit proposals to the Assembly in respect of the draft program and biennial
budget of the Union prepared by the Director General;
(iii)
[deleted]
(iv)
submit, with appropriate comments, to the Assembly the periodical reports of
the Director General and the yearly audit reports on the accounts;
(v) take
all necessary measures to ensure the execution of the program of the Union by
the Director General, in accordance with the decisions of the Assembly and
having regard to circumstances arising between two ordinary sessions of the
Assembly;
(vi)
perform such other functions as are allocated to it under this Convention.
(b)
With respect to matters which are of interest also to other Unions administered
by the Organization, the Executive Committee shall make its decisions after
having heard the advice of the Coordination Committee of the Organization.
(7)
(a)
The Executive Committee shall meet once a year in ordinary session upon
convocation by the Director General, preferably during the same period and at
the same place as the Coordination Committee of the Organization.
(b)
The Executive Committee shall meet in extraordinary session upon convocation by
the Director General, either on his own initiative, or at the request of its
Chairman or one-fourth of its members.
(8)
(a)
Each country member of the Executive Committee shall have one vote.
(b)
One-half of the members of the Executive Committee shall constitute a quorum.
(c)
Decisions shall be made by a simple majority of the votes cast.
(d)
Abstentions shall not be considered as votes.
(e)
A delegate may represent, and vote in the name of, one country only.
(9)
Countries of the Union not members of the Executive Committee shall be admitted
to its meetings as observers.
(10) The
Executive Committee shall adopt its own rules of procedure.
Article 15
[International Bureau]
(1)
(a)
Administrative tasks concerning the Union shall be performed by the
International Bureau, which is a continuation of the Bureau of the Union united
with the Bureau of the Union established by the International Convention for
the Protection of Literary and Artistic Works.
(b)
In particular, the International Bureau shall provide the secretariat of the
various organs of the Union.
(c)
The Director General of the Organization shall be the chief executive of the
Union and shall represent the Union.
(2) The
International Bureau shall assemble and publish information concerning the
protection of industrial property. Each country of the Union shall promptly
communicate to the International Bureau all new laws and official texts
concerning the protection of industrial property. Furthermore, it shall furnish
the International Bureau with all the publications of its industrial property
service of direct concern to the protection of industrial property which the
International Bureau may find useful in its work.
(3) The
International Bureau shall publish a monthly periodical.
(4) The
International Bureau shall, on request, furnish any country of the Union with
information on matters concerning the protection of industrial property.
(5) The
International Bureau shall conduct Studies, and shall provide services,
designed to facilitate the protection of industrial property.
(6) The
Director General and any staff member designated by him shall participate,
without the right to vote, in all meetings of the Assembly, the Executive
Committee, and any other committee of experts or working group. The Director
General, or a staff member designated by him, shall be ex officio secretary of
these bodies.
(7)
(a)
The International Bureau shall, in accordance with the directions of the
Assembly and in cooperation with the Executive Committee, make the preparations
for the conferences of revision of the provisions of the Convention other than Articles 13to 17.
(b)
The International Bureau may consult with intergovernmental and international
non-governmental organizations concerning preparations for conferences of
revision.
(c)
The Director General and persons designated by him shall take part, without the
right to vote, in the discussions at these conferences.
(8) The
International Bureau shall carry out any other tasks assigned to it.
Article 16
[Finances]
(1)
(a)
The Union shall have a budget.
(b)
The budget of the Union shall include the income and expenses proper to the
Union, its contribution to the budget of expenses common to the Unions, and,
where applicable, the sum made available to the budget of the Conference of the
Organization.
(c)
Expenses not attributable exclusively to the Union but also to one or more
other Unions administered by the Organization shall be considered as expenses
common to the Unions. The share of the Union in such common expenses shall be
in proportion to the interest the Union has in them.
(2) The
budget of the Union shall be established with due regard to the requirements of
coordination with the budgets of the other Unions administered by the
Organization.
(3) The
budget of the Union shall be financed from the following sources:
(i)
contributions of the countries of the Union;
(ii) fees
and charges due for services rendered by the International Bureau in relation
to the Union;
(iii) sale
of, or royalties on, the publications of the International Bureau concerning
the Union;
(iv)
gifts, bequests, and subventions;
(v) rents,
interests, and other miscellaneous income.
(4)
(a)
For the purpose of establishing its contribution towards the budget, each
country of the Union shall belong to a class, and shall pay its annual
contributions on the basis of a number of units fixed as follows2:
Class
I............. 25
Class
II............ 20
Class
III........... 15
Class
IV............ 10
Class
V............. 5
Class
VI............ 3
Class
VII........... 1
(b)
Unless it has already done so, each country shall indicate, concurrently with
depositing its instrument of ratification or accession, the class to which it
wishes to belong. Any country may change class. If it chooses a lower class,
the country must announce such change to the Assembly at one of its ordinary
sessions. Any such change shall take effect at the beginning of the calendar
year following the said session.
(c)
The annual contribution of each country shall be an amount in the same
proportion to the total sum to be contributed to the budget of the Union by all
countries as the number of its units is to the total of the units of all
contributing countries.
(d)
Contributions shall become due on the first of January of each year.
(e)
A country which is in arrears in the payment of its contributions may not
exercise its right to vote in any of the organs of the Union of which it is a
member if the amount of its arrears equals or exceeds the amount of the
contributions due from it for the preceding two full years. However, any organ
of the Union may allow such a country to continue to exercise its right to vote
in that organ if, and as long as, it is satisfied that the delay in payment is
due to exceptional and unavoidable circumstances.
(f)
If the budget is not adopted before the beginning of a new financial period, it
shall be at the same level as the budget of the previous year, as provided in
the financial regulations.
(5) The
amount of the fees and charges due for services rendered by the International
Bureau in relation to the Union shall be established, and shall be reported to
the Assembly and the Executive Committee, by the Director General.
(6)
(a)
The Union shall have a working capital fund which shall be constituted by a
single payment made by each country of the Union. If the fund becomes
insufficient, the Assembly shall decide to increase it.
(b)
The amount of the initial payment of each country to the said fund or of its
participation in the increase thereof shall be a proportion of the contribution
of that country for the year in which the fund is established or the decision
to increase it is made.
(c)
The proportion and the terms of payment shall be fixed by the Assembly on the
proposal of the Director General and after it has heard the advice of the
Coordination Committee of the Organization.
(7)
(a)
In the headquarters agreement concluded with the country on the territory of
which the Organization has its headquarters, it shall be provided that,
whenever the working capital fund is insufficient, such country shall grant
advances. The amount of these advances and the conditions on which they are
granted shall be the subject of separate agreements, in each case, between such
country and the Organization. As long as it remains under the obligation to
grant advances, such country shall have an ex officio seat on the Executive
Committee.
(b)
The country referred to in subparagraph (a)and the Organization
shall each have the right to denounce the obligation to grant advances, by
written notification. Denunciation shall take effect three years after the end
of the year in which it has been notified.
(8) The
auditing of the accounts shall be effected by one or more of the countries of
the Union or by external auditors, as provided in the financial regulations.
They shall be designated, with their agreement, by the Assembly.
Article 17
[Amendment of Articles 13to
17]
(1)
Proposals for the amendment of Articles 13, 14, 15, 16, and the present
Article, may be initiated by any country member of the Assembly, by the
Executive Committee, or by the Director General. Such proposals shall be
communicated by the Director General to the member countries of the Assembly at
least six months in advance of their consideration by the Assembly.
(2)
Amendments to the Articles referred to in paragraph (1)shall
be adopted by the Assembly. Adoption shall require three-fourths of the votes
cast, provided that any amendment to Article 13, and
to the present paragraph, shall require four-fifths of the votes cast.
(3) Any
amendment to the Articles referred to in paragraph (1)shall
enter into force one month after written notifications of acceptance, effected
in accordance with their respective constitutional processes, have been
received by the Director General from three-fourths of the countries members of
the Assembly at the time it adopted the amendment. Any amendment to the said
Articles thus accepted shall bind all the countries which are members of the
Assembly at the time the amendment enters into force, or which become members
thereof at a subsequent date, provided that any amendment increasing the financial
obligations of countries of the Union shall bind only those countries which
have notified their acceptance of such amendment.
Article 18
[Revision of Articles 1to
12 and 18 to 30]
(1) This
Convention shall be submitted to revision with a view to the introduction of
amendments designed to improve the system of the Union.
(2) For
that purpose, conferences shall be held successively in one of the countries of
the Union among the delegates of the said countries.
(3)
Amendments to Articles 13to
17 are
governed by the provisions of Article 17.
Article 19
[Special Agreements]
It is
understood that the countries of the Union reserve the right to make separately
between themselves special agreements for the protection of industrial
property, in so far as these agreements do not contravene the provisions of
this Convention.
Article 20
[Ratification or Accession by Countries of the Union; Entry Into Force]
(1)
(a)
Any country of the Union which has signed this Act may ratify it, and, if it
has not signed it, may accede to it. Instruments of ratification and accession
shall be deposited with the Director General.
(b)
Any country of the Union may declare in its instrument of ratification or
accession that its ratification or accession shall not apply:
(i) to Articles 1to 12, or
(ii) to Articles 13to 17.
(c)
Any country of the Union which, in accordance with subparagraph (b),
has excluded from the effects of its ratification or accession one of the two
groups of Articles referred to in that subparagraph may at any later time
declare that it extends the effects of its ratification or accession to that
group of Articles. Such declaration shall be deposited with the Director
General.
(2)
(a)
Articles 1
to 12 shall
enter into force, with respect to the first ten countries of the Union which
have deposited instruments of ratification or accession without making the
declaration permitted under paragraph (1)(b)(i),
three months after the deposit of the tenth such instrument of ratification or
accession.
(b)Articles 13to
17 shall enter
into force, with respect to the first ten countries of the Union which have
deposited instruments of ratification or accession without making the
declaration permitted under paragraph (1)(b)(ii),
three months after the deposit of the tenth such instrument of ratification or
accession.
(c)
Subject to the initial entry into force, pursuant to the provisions of subparagraphs (a)
and (b), of each of the two groups of Articles referred to in paragraph (1)(b)(i)and
(ii), and
subject to the provisions of paragraph (1)(b), Articles 1 to 17 shall, with
respect to any country of the Union, other than those referred to in subparagraphs (a)and
(b), which deposits an instrument of ratification or accession or any
country of the Union which deposits a declaration pursuant to paragraph (1)(c),
enter into force three months after the date of notification by the Director
General of such deposit, unless a subsequent date has been indicated in the
instrument or declaration deposited. In the latter case, this Act shall enter
into force with respect to that country on the date thus indicated.
(3) With
respect to any country of the Union which deposits an instrument of
ratification or accession, Articles 18to 30 shall enter into
force on the earlier of the dates on which any of the groups of Articles
referred to in paragraph (1)(b)enters into force with respect to
that country pursuant to paragraph (2)(a), (b), or (c).
Article 21
[Accession by Countries Outside the Union; Entry Into Force]
(1) Any
country outside the Union may accede to this Act and thereby become a member of
the Union. Instruments of accession shall be deposited with the Director
General.
(2)
(a)
With respect to any country outside the Union which deposits its instrument of
accession one month or more before the date of entry into force of any
provisions of the present Act, this Act shall enter into force, unless a
subsequent date has been indicated in the instrument of accession, on the date
upon which provisions first enter into force pursuant to Article 20(2)(a)
or (b); provided that:
(i) if Articles 1to 12 do not enter into
force on that date, such country shall, during the interim period before the
entry into force of such provisions, and in substitution therefor, be bound by Articles 1to
12 of the Lisbon Act,
(ii) if Articles 13 to 17 do not enter into
force on that date, such country shall, during the interim period before the
entry into force of such provisions, and in substitution therefor, be bound by Articles 13and
14(3), (4), and (5), of the Lisbon Act.
If a
country indicates a subsequent date in its instrument of accession, this Act
shall enter into force with respect to that country on the date thus indicated.
(b)
With respect to any country outside the Union which deposits its instrument of
accession on a date which is subsequent to, or precedes by less than one month,
the entry into force of one group of Articles of the present Act, this Act
shall, subject to the proviso of subparagraph (a), enter into force
three months after the date on which its accession has been notified by the
Director General, unless a subsequent date has been indicated in the instrument
of accession. In the latter case, this Act shall enter into force with respect
to that country on the date thus indicated.
(3) With
respect to any country outside the Union which deposits its instrument Of
accession after the date of entry into force of the present Act in its
entirety, or less than one month before such date, this Act shall enter into
force three months after the date on which its accession has been notified by
the Director General, unless a subsequent date has been indicated in the
instrument of accession. In the latter case, this Act shall enter into force
with respect to that country on the date thus indicated.
Article 22
[Consequences of Ratification or Accession]
Subject to
the possibilities of exceptions provided for in Articles 20(1)(b)and
28(2),
ratification or accession shall automatically entail acceptance of all the
clauses and admission to all the advantages of this Act.
Article 23
[Accession to Earlier Acts]
After the
entry into force of this Act in its entirety, a country may not accede to
earlier Acts of this Convention.
Article 24
[Territories]
(1) Any
country may declare in its instrument of ratification or accession, or may
inform the Director General by written notification any time thereafter, that
this Convention shall be applicable to all or part of those territories,
designated in the declaration or notification, for the external relations of
which it is responsible.
(2) Any
country which has made such a declaration or given such a notification may, at
any time, notify the Director General that this Convention shall cease to be
applicable to all or part of such territories.
(3)
(a)
Any declaration made under paragraph (1)shall
take effect on the same date as the ratification or accession in the instrument
of which it was included, and any notification given under such paragraph shall
take effect three months after its notification by the Director General.
(b)
Any notification given under paragraph (2)shall
take effect twelve months after its receipt by the Director General.
Article 25
[Implementation of the Convention on the Domestic Level]
(1) Any
country party to this Convention undertakes to adopt, in accordance with its
constitution, the measures necessary to ensure the application of this
Convention.
(2) It is
understood that, at the time a country deposits its instrument of ratification
or accession, it will be in a position under its domestic law to give effect to
the provisions of this Convention.
Article 26
[Denunciation]
(1) This
Convention shall remain in force without limitation as to time.
(2) Any
country may denounce this Act by notification addressed to the Director
General. Such denunciation shall constitute also denunciation of all earlier
Acts and shall affect only the country making it, the Convention remaining in
full force and effect as regards the other countries of the Union.
(3)
Denunciation shall take effect one year after the day on which the Director
General has received the notification.
(4) The
right of denunciation provided by this Article shall not be exercised by any
country before the expiration of five years from the date upon which it becomes
a member of the Union.
Article 27
[Application of Earlier Acts]
(1) The
present Act shall, as regards the relations between the countries to which it
applies, and to the extent that it applies, replace the Convention of Paris of
March 20, 1883 and the subsequent Acts of revision.
(2)
(a)
As regards the countries to which the present Act does not apply, or does not
apply in its entirety, but to which the Lisbon Act of
October 31, 1958, applies, the latter shall remain in force in its
entirety or to the extent that the present Act does not replace it by virtue of
paragraph (1).
(b)
Similarly, as regards the countries to which neither the present Act, nor
portions thereof, nor the Lisbon Act applies, the London Act of
June 2, 1934, shall remain in force in its entirety or to the extent
that the present Act does not replace it by virtue of paragraph (1).
(c)
Similarly, as regards the countries to which neither the present Act, nor
portions thereof, nor the Lisbon Act, nor the London Act applies, the Hague Act
of November 6, 1925, shall remain in force in its entirety or to the
extent that the present Act does not replace it by virtue of paragraph (1).
(3)
Countries outside the Union which become party to this Act shall apply it with
respect to any country of the Union not party to this Act or which, although
party to this Act, has made a declaration pursuant to Article 20(1)(b)(i).
Such countries recognize that the said country of the Union may apply, in its
relations with them, the provisions of the most recent Act to which it is
party.
Article 28
[Disputes]
(1) Any
dispute between two or more countries of the Union concerning the
interpretation or application of this Convention, not settled by negotiation,
may, by any one of the countries concerned, be brought before the International
Court of Justice by application in conformity with the Statute of the Court,
unless the countries concerned agree on some other method of settlement. The
country bringing the dispute before the Court shall inform the International
Bureau; the International Bureau shall bring the matter to the attention of the
other countries of the Union.
(2) Each
country may, at the time it signs this Act or deposits its instrument of
ratification or accession, declare that it does not consider itself bound by
the provisions of paragraph (1).
With regard to any dispute between such country and any other country of the
Union, the provisions of paragraph (1)shall
not apply.
(3) Any
country having made a declaration in accordance with the provisions of paragraph (2)may,
at any time, withdraw its declaration by notification addressed to the Director
General.
Article 29
[Signature, Languages, Depositary Functions]
(1)
(a)
This Act shall be signed in a single copy in the French language and shall be
deposited with the Government of Sweden.
(b)
Official texts shall be established by the Director General, after consultation
with the interested Governments, in the English, German, Italian, Portuguese,
Russian and Spanish languages, and such other languages as the Assembly may
designate.
(c)
In case of differences of opinion on the interpretation of the various texts,
the French text shall prevail.
(2) This
Act shall remain open for signature at Stockholm until January 13, 1968.
(3) The
Director General shall transmit two copies, certified by the Government of
Sweden, of the signed text of this Act to the Governments of all countries of
the Union and, on request, to the Government of any other country.
(4) The
Director General shall register this Act with the Secretariat of the United
Nations.
(5) The
Director General shall notify the Governments of all countries of the Union of
signatures, deposits of instruments of ratification or accession and any
declarations included in such instruments or made pursuant to Article 20(1)(c),
entry into force of any provisions of this Act, notifications of denunciation,
and notifications pursuant to Article 24.
Article 30
[Transitional Provisions]
(1) Until
the first Director General assumes office, references in this Act to the
International Bureau of the Organization or to the Director General shall be
deemed to be references to the Bureau of the Union or its Director,
respectively.
(2)
Countries of the Union not bound by Articles 13to 17 may, until five
years after the entry into force of the Convention establishing the
Organization, exercise, if they so desire, the rights provided under Articles 13to 17 of this Act as if
they were bound by those Articles. Any country desiring to exercise such rights
shall give written notification to that effect to the Director General; such
notification shall be effective from the date of its receipt. Such countries
shall be deemed to be members of the Assembly until the expiration of the said
period.
(3) As
long as all the countries of the Union have not become Members of the
Organization, the International Bureau of the Organization shall also function
as the Bureau of the Union, and the Director General as the Director of the
said Bureau.
(4) Once
all the countries of the Union have become Members of the Organization, the
rights, obligations, and property, of the Bureau of the Union shall devolve on
the International Bureau of the Organization.
**This Table of
Contents is added for the convenience of the reader. It does not appear in the
signed text of the Convention.
1Articles have
been given titles to facilitate their identification. There are no titles in
the signed (French) text.
2The
Governing Bodies of WIPO and the Unions administered by WIPO adopted with
effect from January 1, 1994, a new contribution system that replaces the
contribution system set forth in Article 16(4)(a), (b) and (c) of
the Paris Convention. Details concerning that system may be obtained from the
International Bureau of WIPO (Editor's note).
General
Principles of the Civil Law of the PRC (Excerpts)
Paris
Convention for the Protection of Industrial Property*
(of
March 20, 1883,as revised at Brussels on December 14, 1900,
at Washington
on June 2, 1911, at The Hague on November 6, 1925,
at London on June 2, 1934, at Lisbon on October 31, 1958,
and at Stockholm on July 14, 1967,
and as amended on September 28, 1979)
TABLE OF
CONTENTS**
Article 1:
Establishment of the Union; Scope of Industrial Property
Article 2:
National Treatment for Nationals of Countries of the Union
Article 3:
Same Treatment for Certain Categories of Persons as for Nationals of Countries
of the Union
Article 4:
A. to I. Patents, Utility Models, Industrial Designs, Marks, Inventors'
Certificates: Right of Priority.- G. Patents: Division of the
Application
Article 4bis:
Patents: Independence of Patents Obtained for the Same Invention in
Different Countries
Article 4ter:
Patents: Mention of the Inventor in the Patent
Article 4quater:
Patents: Patentability in Case of Restrictions of Sale by Law
Article 5:
A Patents: Importation of Articles; Failure to Work or Insufficient
Working; Compulsory Licenses. - B. Industrial Designs: Failure to Work;
Importation of Articles. - C. Marks: Failure to Use; Different Forms;
Use by Co-proprietors. - D. Patents, Utility Models, Marks, Industrial
Designs: Marking
Article 5bis:
All Industrial Property Rights: Period of Grace for the Payment of Fees for
the Maintenance of Rights; Patents: Restoration
Article 5ter:
Patents: Patented Devices Forming Part of Vessels, Aircraft, or Land
Vehicles
Article 5quater:
Patents: Importation of Products Manufactured by a Process Patented in the
Importing Country
Article 5quinquies:
Industrial Designs
Article 6:
Marks: Conditions of Registration; Independence of Protection of Same Mark
in Different Countries
Article 6bis:
Marks: Well-Known Marks
Article 6ter:
Marks: Prohibitions concerning State Emblems, Official Hallmarks, and
Emblems of Intergovernmental Organizations
Article 6quater:
Marks: Assignment of Marks
Article 6quinquies:
Marks: Protection of Marks Registered in One Country of the Union in the
Other Countries of the Union
Article 6sexies:
Marks: Service Marks
Article 6septies:
Marks: Registration in the Name of the Agent or Representative of the
Proprietor Without the Latter's Authorization
Article 7:
Marks: Nature of the Goods to which the Mark is Applied
Article 7bis:
Marks: Collective Marks
Article 8:
Trade Names
Article 9:
Marks, Trade Names: Seizure, on Importation, etc., of Goods Unlawfully
Bearing a Mark or Trade Name
Article 10:
False Indications: Seizure, on Importation, etc., of Goods Bearing False
Indications as to their Source or the Identity of the Producer
Article 10bis:
Unfair Competition
Article 10ter:
Marks, Trade Names, False Indications, Unfair Competition: Remedies, Right
to Sue
Article 11:
Inventions, Utility Models, Industrial Designs, Marks: Temporary Protection
at Certain International Exhibitions
Article 12:
Special National Industrial Property Services
Article 13:
Assembly of the Union
Article 14:
Executive Committee
Article 15:
International Bureau
Article 16:
Finances
Article 17:
Amendment of Articles 13 to 17
Article 18:
Revision of Articles 1 to 12 and 18 to 30
Article 19:
Special Agreements
Article 20:
Ratification or Accession by Countries of the Union; Entry Into Force
Article 21:
Accession by Countries Outside the Union; Entry Into Force
Article 22:
Consequences of Ratification or Accession
Article 23:
Accession to Earlier Acts
Article 24:
Territories
Article 25:
Implementation of the Convention on the Domestic Level
Article 26:
Denunciation
Article 27:
Application of Earlier Acts
Article 28:
Disputes
Article 29:
Signature, Languages, Depositary Functions
Article 30:
Transitional Provisions
Article 1
[Establishment of the Union; Scope of Industrial Property]1
(1) The
countries to which this Convention applies constitute a Union for the
protection of industrial property.
(2) The
protection of industrial property has as its object patents, utility models,
industrial designs, trademarks, service marks, trade names, indications of
source or appellations of origin, and the repression of unfair competition.
(3) Industrial
property shall be understood in the broadest sense and shall apply not only to
industry and commerce proper, but likewise to agricultural and extractive
industries and to all manufactured or natural products, for example, wines,
grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers,
and flour.
(4)
Patents shall include the various kinds of industrial patents recognized by the
laws of the countries of the Union, such as patents of importation, patents of
improvement, patents and certificates of addition, etc.
Article 2
[National Treatment for Nationals of Countries of the Union]
(1)
Nationals of any country of the Union shall, as regards the protection of
industrial property, enjoy in all the other countries of the Union the advantages
that their respective laws now grant, or may hereafter grant, to nationals; all
without prejudice to the rights specially provided for by this Convention.
Consequently, they shall have the same protection as the latter, and the same
legal remedy against any infringement of their rights, provided that the
conditions and formalities imposed upon nationals are complied with.
(2)
However, no requirement as to domicile or establishment in the country where
protection is claimed may be imposed upon nationals of countries of the Union
for the enjoyment of any industrial property rights.
(3) The
provisions of the laws of each of the countries of the Union relating to
judicial and administrative procedure and to jurisdiction, and to the
designation of an address for service or the appointment of an agent, which may
be required by the laws on industrial property are expressly reserved.
Article 3
[Same Treatment for Certain Categories of Persons as for Nationals of Countries
of the Union]
Nationals
of countries outside the Union who are domiciled or who have real and effective
industrial or commercial establishments in the territory of one of the
countries of the Union shall be treated in the same manner as nationals of the
countries of the Union.
Article 4
[A to I. Patents, Utility Models, Industrial Designs, Marks, Inventors'
Certificates: Right of Priority. - G. Patents: Division of the
Application]
A.-
(1) Any
person who has duly filed an application for a patent, or for the registration
of a utility model, or of an industrial design, or of a trademark, in one of
the countries of the Union, or his successor in title, shall enjoy, for the
purpose of filing in the other countries, a right of priority during the
periods hereinafter fixed.
(2) Any
filing that is equivalent to a regular national filing under the domestic
legislation of any country of the Union or under bilateral or multilateral
treaties concluded between countries of the Union shall be recognized as giving
rise to the right of priority.
(3) By a
regular national filing is meant any filing that is adequate to establish the
date on which the application was filed in the country concerned, whatever may
be the subsequent fate of the application.
B.-
Consequently, any subsequent filing in any of the other countries of the Union
before the expiration of the periods referred to above shall not be invalidated
by reason of any acts accomplished in the interval, in particular, another
filing, the publication or exploitation of the invention, the putting on sale
of copies of the design, or the use of the mark, and such acts cannot give rise
to any third-party right or any right of personal possession. Rights acquired
by third parties before the date of the first application that serves as the
basis for the right of priority are reserved in accordance with the domestic
legislation of each country of the Union
C.-
(1) The
periods of priority referred to above shall be twelve months for patents and
utility models, and six months for industrial designs and trademarks.
(2) These
periods shall start from the date of filing of the first application; the day
of filing shall not be included in the period.
(3) If the
last day of the period is an official holiday, or a day when the Office is not
open for the filing of applications in the country where protection is claimed,
the period shall be extended until the first following working day.
(4) A
subsequent application concerning the same subject as a previous first
application within the meaning of paragraph (2), above, filed in
the same country of the Union shall be considered as the first application, of
which the filing date shall be the starting point of the period of priority,
if, at the time of filing the subsequent application, the said previous
application has been withdrawn, abandoned, or refused, without having been laid
open to public inspection and without leaving any rights outstanding, and if it
has not yet served as a basis for claiming a right of priority. The previous
application may not thereafter serve as a basis for claiming a right of
priority.
D.-
(1) Any
person desiring to take advantage of the priority of a previous filing shall be
required to make a declaration indicating the date of such filing and the
country in which it was made. Each country shall determine the latest date on
which such declaration must be made.
(2) These
particulars shall be mentioned in the publications issued by the competent
authority, and in particular in the patents and the specifications relating
thereto.
(3) The
countries of the Union may require any person making a declaration of priority
to produce a copy of the application (description, drawings, etc.) previously
filed. The copy, certified as correct by the authority which received such
application, shall not require any authentication, and may in any case be
filed, without fee, at any time within three months of the filing of the
subsequent application. They may require it to be accompanied by a certificate
from the same authority showing the date of filing, and by a translation.
(4) No
other formalities may be required for the declaration of priority at the time
of filing the application. Each country of the Union shall determine the
consequences of failure to comply with the formalities prescribed by this
Article, but such consequences shall in no case go beyond the loss of the right
of priority.
(5)
Subsequently, further proof may be required.
Any person
who avails himself of the priority of a previous application shall be required
to specify the number of that application; this number shall be published as
provided for by paragraph (2), above.
E. -
(1) Where
an industrial design is filed in a country by virtue of a right of priority
based on the filing of a utility model, the period of priority shall be the
same as that fixed for industrial designs.
(2)
Furthermore, it is permissible to file a utility model in a country by virtue
of a right of priority based on the filing of a patent application, and vice
versa.
F.
- No country of the Union may refuse a priority or a patent application on the
ground that the applicant claims multiple priorities, even if they originate in
different countries, or on the ground that an application claiming one or more
priorities contains one or more elements that were not included in the application
or applications whose priority is claimed, provided that, in both cases, there
is unity of invention within the meaning of the law of the country.
With
respect to the elements not included in the application or applications whose
priority is claimed, the filing of the subsequent application shall give rise
to a right of priority under ordinary conditions.
G. -
(1) If the
examination reveals that an application for a patent contains more than one
invention, the applicant may divide the application into a certain number of
divisional applications and preserve as the date of each the date of the
initial application and the benefit of the right of priority, if any.
(2) The
applicant may also, on his own initiative, divide a patent application and
preserve as the date of each divisional application the date of the initial
application and the benefit of the right of priority, if any. Each country of
the Union shall have the right to determine the conditions under which such
division shall be authorized.
H.
- Priority may not be refused on the ground that certain elements of the
invention for which priority is claimed do not appear among the claims
formulated in the application in the country of origin, provided that the
application documents as a whole specifically disclose such elements.
I.-
(1)
Applications for inventors' certificates filed in a country in which applicants
have the right to apply at their own option either for a patent or for an
inventor's certificate shall give rise to the right of priority provided for by
this Article, under the same conditions and with the same effects as
applications for patents.
(2) In a
country in which applicants have the right to apply at their own option either
for a patent or for an inventor's certificate, an applicant for an inventor's
certificate shall, in accordance with the provisions of this Article relating
to patent applications, enjoy a right of priority based on an application for a
patent, a utility model, or an inventor's certificate.
Article 4bis
[Patents: Independence of Patents Obtained for the
Same Invention in Different Countries]
(1)
Patents applied for in the various countries of the Union by nationals of
countries of the Union shall be independent of patents obtained for the same
invention in other countries, whether members of the Union or not.
(2) The
foregoing provision is to be understood in an unrestricted sense, in
particular, in the sense that patents applied for during the period of priority
are independent, both as regards the grounds for nullity and forfeiture, and as
regards their normal duration.
(3) The
provision shall apply to all patents existing at the time when it comes into
effect.
(4)
Similarly, it shall apply, in the case of the accession of new countries, to
patents in existence on either side at the time of accession.
(5)
Patents obtained with the benefit of priority shall, in the various countries
of the Union, have a duration equal to that which they would have, had they
been applied for or granted without the benefit of priority.
Article 4ter
[Patents: Mention of the Inventor in the Patent]
The
inventor shall have the right to be mentioned as such in the patent.
Article 4quater
[Patents: Patentability in Case of Restrictions of Sale by Law]
The grant
of a patent shall not be refused and a patent shall not be invalidated on the
ground that the sale of the patented product or of a product obtained by means
of a patented process is subject to restrictions or limitations resulting from
the domestic law.
Article 5
[A. Patents: Importation of Articles; Failure to Work or Insufficient
Working; Compulsory Licenses. - B. Industrial Designs: Failure to
Work; Importation of Articles. - C. Marks: Failure to Use;
Different Forms; Use by Co-proprietors. - D. Patents, Utility Models, Marks,
Industrial Designs: Marking]
A.-
(1)
Importation by the patentee into the country where the patent has been granted
of articles manufactured in any of the countries of the Union shall not entail
forfeiture of the patent.
(2) Each
country of the Union shall have the right to take legislative measures
providing for the grant of compulsory licenses to prevent the abuses which
might result from the exercise of the exclusive rights conferred by the patent,
for example, failure to work.
(3)
Forfeiture of the patent shall not be provided for except in cases where the
grant of compulsory licenses would not have been sufficient to prevent the said
abuses. No proceedings for the forfeiture or revocation of a patent may be
instituted before the expiration of two years from the grant of the first
compulsory license.
(4) A
compulsory license may not be applied for on the ground of failure to work or
insufficient working before the expiration of a period of four years from the
date of filing of the patent application or three years from the date of the
grant of the patent, whichever period expires last; it shall be refused if the
patentee justifies his inaction by legitimate reasons. Such a compulsory
license shall be non-exclusive and shall not be transferable, even in the form of
the grant of a sub-license, except with that part of the enterprise or goodwill
which exploits such license.
(5) The
foregoing provisions shall be applicable, mutatis mutandis, to utility models.
B.
- The protection of industrial designs shall not, under any circumstance, be
subject to any forfeiture, either by reason of failure to work or by reason of
the importation of articles corresponding to those which are protected.
C.-
(1) If, in
any country, use of the registered mark is compulsory, the registration may be
cancelled only after a reasonable period, and then only if the person concerned
does not justify his inaction.
(2) Use of
a trademark by the proprietor in a form differing in elements which do not
alter the distinctive character of the mark in the form in which it was
registered in one of the countries of the Union shall not entail invalidation
of the registration and shall not diminish the protection granted to the mark.
(3)
Concurrent use of the same mark on identical or similar goods by industrial or
commercial establishments considered as co-proprietors of the mark according to
the provisions of the domestic law of the country where protection is claimed
shall not prevent registration or diminish in any way the protection granted to
the said mark in any country of the Union, provided that such use does not
result in misleading the public and is not contrary to the public interest.
D.
- No indication or mention of the patent, of the utility model, of the
registration of the trademark, or of the deposit of the industrial design,
shall be required upon the goods as a condition of recognition of the right to
protection.
Article 5bis
[All Industrial Property Rights: Period of Grace for
the Payment of Fees for the Maintenance of Rights;
Patents: Restoration]
(1) A
period of grace of not less than six months shall be allowed for the payment of
the fees prescribed for the maintenance of industrial property rights, subject,
if the domestic legislation so provides, to the payment of a surcharge.
(2) The countries
of the Union shall have the right to provide for the restoration of patents
which have lapsed by reason of non-payment of fees.
Article 5ter
[Patents: Patented Devices Forming Part of Vessels, Aircraft, or Land
Vehicles]
In any
country of the Union the following shall not be considered as infringements of
the rights of a patentee:
1. the use
on board vessels of other countries of the Union of devices forming the subject
of his patent in the body of the vessel, in the machinery, tackle, gear and other
accessories, when such vessels temporarily or accidentally enter the waters of
the said country, provided that such devices are used there exclusively for the
needs of the vessel;
2. the use
of devices forming the subject of the patent in the construction or operation
of aircraft or land vehicles of other countries of the Union, or of accessories
of such aircraft or land vehicles, when those aircraft or land vehicles
temporarily or accidentally enter the said country.
Article 5quater
[Patents: Importation of Products Manufactured by
a Process Patented in the Importing Country]
When a
product is imported into a country of the Union where there exists a patent
protecting a process of manufacture of the said product, the patentee shall
have all the rights, with regard to the imported product, that are accorded to
him by the legislation of the country of importation, on the basis of the
process patent, with respect to products manufactured in that country.
Article 5qu
nquies
[Industrial Designs]
Industrial
designs shall be protected in all the countries of the Union.
Article 6
[Marks: Conditions of Registration; Independence of Protection of Same
Mark in Different Countries]
(1) The
conditions for the filing and registration of trademarks shall be determined in
each country of the Union by its domestic legislation.
(2)
However, an application for the registration of a mark filed by a national of a
country of the Union in any country of the Union may not be refused, nor may a
registration be invalidated, on the ground that filing, registration, or
renewal, has not been effected in the country of origin.
(3) A mark
duly registered in a country of the Union shall be regarded as independent of
marks registered in the other countries of the Union, including the country of
origin.
Article 6bis
[Marks: Well-Known Marks]
(1) The
countries of the Union undertake, ex officio if their legislation so permits,
or at the request of an interested party, to refuse or to cancel the
registration, and to prohibit the use, of a trademark which constitutes a
reproduction, an imitation, or a translation, liable to create confusion, of a
mark considered by the competent authority of the country of registration or
use to be well known in that country as being already the mark of a person entitled
to the benefits of this Convention and used for identical or similar goods.
These provisions shall also apply when the essential part of the mark
constitutes a reproduction of any such well-known mark or an imitation liable
to create confusion therewith.
(2) A
period of at least five years from the date of registration shall be allowed
for requesting the cancellation of such a mark. The countries of the Union may
provide for a period within which the prohibition of use must be requested.
(3) No time
limit shall be fixed for requesting the cancellation or the prohibition of the
use of marks registered or used in bad faith.
Article 6ter
[Marks: Prohibitions concerning State Emblems, Official Hallmarks, and
Emblems of Intergovernmental Organizations]
(1)
(a)
The countries of the Union agree to refuse or to invalidate the registration,
and to prohibit by appropriate measures the use, without authorization by the
competent authorities, either as trademarks or as elements of trademarks, of
armorial bearings, flags, and other State emblems, of the countries of the
Union, official signs and hallmarks indicating control and warranty adopted by
them, and any imitation from a heraldic point of view.
(b)
The provisions of subparagraph (a), above, shall apply equally to
armorial bearings, flags, other emblems, abbreviations, and names, of
international intergovernmental organizations of which one or more countries of
the Union are members, with the exception of armorial bearings, flags, other
emblems, abbreviations, and names, that are already the subject of
international agreements in force, intended to ensure their protection.
(c)
No country of the Union shall be required to apply the provisions of subparagraph (b),
above, to the prejudice of the owners of rights acquired in good faith before
the entry into force, in that country, of this Convention. The countries of the
Union shall not be required to apply the said provisions when the use or
registration referred to in subparagraph (a), above, is not
of such a nature as to suggest to the public that a connection exists between
the organization concerned and the armorial bearings, flags, emblems,
abbreviations, and names, or if such use or registration is probably not of
such a nature as to mislead the public as to the existence of a connection
between the user and the organization.
(2)
Prohibition of the use of official signs and hallmarks indicating control and
warranty shall apply solely in cases where the marks in which they are
incorporated are intended to be used on goods of the same or a similar kind.
(3)
(a)
For the application of these provisions, the countries of the Union agree to
communicate reciprocally, through the intermediary of the International Bureau,
the list of State emblems, and official signs and hallmarks indicating control
and warranty, which they desire, or may hereafter desire, to place wholly or
within certain limits under the protection of this Article, and all subsequent
modifications of such list. Each country of the Union shall in due course make
available to the public the lists so communicated. Nevertheless such
communication is not obligatory in respect of flags of States.
(b)
The provisions of subparagraph (b) of paragraph (1)of
this Article shall apply only to such armorial bearings, flags, other emblems,
abbreviations, and names, of international intergovernmental organizations as
the latter have communicated to the countries of the Union through the
intermediary of the International Bureau.
(4) Any
country of the Union may, within a period of twelve months from the receipt of
the notification, transmit its objections, if any, through the intermediary of
the International Bureau, to the country or international intergovernmental
organization concerned.
(5) In the
case of State flags, the measures prescribed by paragraph (1),
above, shall apply solely to marks registered after November 6, 1925.
(6) In the
case of State emblems other than flags, and of official signs and hallmarks of
the countries of the Union, and in the case of armorial bearings, flags, other
emblems, abbreviations, and names, of international intergovernmental
organizations, these provisions shall apply only to marks registered more than
two months after receipt of the communication provided for in paragraph (3),
above.
(7) In
cases of bad faith, the countries shall have the right to cancel even those
marks incorporating State emblems, signs, and hallmarks,which were registered
before November 6, 1925.
(8)
Nationals of any country who are authorized to make use of the State emblems,
signs, and hallmarks, of their country may use them even if they are similar to
those of another country.
(9) The
countries of the Union undertake to prohibit the unauthorized use in trade of
the State armorial bearings of the other countries of the Union, when the use
is of such a nature as to be misleading as to the origin of the goods.
(10) The
above provisions shall not prevent the countries from exercising the right
given in paragraph (3) of Article 6quinquies, Section B,
to refuse or to invalidate the registration of marks incorporating, without authorization,
armorial bearings, flags, other State emblems, or official signs and hallmarks
adopted by a country of the Union, as well as the distinctive signs of
international intergovernmental organizations referred to in paragraph (1),
above.
Article 6quater
[Marks: Assignment of Marks]
(1) When,
in accordance with the law of a country of the Union, the assignment of a mark
is valid only if it takes place at the same time as the transfer of the
business or goodwill to which the mark belongs, it shall suffice for the
recognition of such validity that the portion of the business or goodwill
located in that country be transferred to the assignee, together with the
exclusive right to manufacture in the said country, or to sell therein, the
goods bearing the mark assigned.
(2) The
foregoing provision does not impose upon the countries of the Union any
obligation to regard as valid the assignment of any mark the use of which by
the assignee would, in fact, be of such a nature as to mislead the public,
particularly as regards the origin, nature, or essential qualities, of the
goods to which the mark is applied.
Article 6quinquies
[Marks: Protection of Marks Registered in One Country of
the Union in the Other Countries of the Union]
A.-
(1) Every
trademark duly registered in the country of origin shall be accepted for filing
and protected as is in the other countries of the Union, subject to the
reservations indicated in this Article. Such countries may, before proceeding
to final registration, require the production of a certificate of registration
in the country of origin, issued by the competent authority. No authentication
shall be required for this certificate.
(2) Shall
be considered the country of origin the country of the Union where the
applicant has a real and effective industrial or commercial establishment, or,
if he has no such establishment within the Union, the country of the Union
where he has his domicile, or, if he has no domicile within the Union but is a
national of a country of the Union, the country of which he is a national.
B.-
Trademarks covered by this Article may be neither denied registration nor
invalidated except in the following cases:
1. when
they are of such a nature as to infringe rights acquired by third parties in
the country where protection is claimed;
2. when
they are devoid of any distinctive character, or consist exclusively of signs
or indications which may serve, in trade, to designate the kind, quality,
quantity, intended purpose, value, place of origin, of the goods, or the time
of production, or have become customary in the current language or in the bona
fide and established practices of the trade of the country where protection is
claimed;
3. when
they are contrary to morality or public order and, in particular, of such a
nature as to deceive the public. It is understood that a mark may not be
considered contrary to public order for the sole reason that it does not
conform to a provision of the legislation on marks, except if such provision
itself relates to public order.
This
provision is subject, however, to the application of Article 10bis.
C.-
(1) In
determining whether a mark is eligible for protection, all the factual
circumstances must be taken into consideration, particularly the length of time
the mark has been in use.
(2) No
trademark shall be refused in the other countries of the Union for the sole
reason that it differs from the mark protected in the country of origin only in
respect of elements that do not alter its distinctive character and do not
affect its identity in the form in which it has been registered in the said
country of origin.
D.
- No person may benefit from the provisions of this Article if the mark for
which he claims protection is not registered in the country of origin.
E.
- However, in no case shall the renewal of the registration of the mark in the
country of origin involve an obligation to renew the registration in the other
countries of the Union in which the mark has been registered.
F.-
The benefit of priority shall remain unaffected for applications for the
registration of marks filed within the period fixed by Article 4, even
if registration in the country of origin is effected after the expiration of
such period.
Article 6sexies
[Marks: Service Marks]
The
countries of the Union undertake to protect service marks. They shall not be
required to provide for the registration of such marks.
Article 6septies
[Marks: Registration in the Name of the Agent or Representative of the
Proprietor Without the Latter's Authorization]
(1) If the
agent or representative of the person who is the proprietor of a mark in one of
the countries of the Union applies, without such proprietor's authorization,
for the registration of the mark in his own name, in one or more countries of
the Union, the proprietor shall be entitled to oppose the registration applied
for or demand its cancellation or, if the law of the country so allows, the
assignment in his favor of the said registration, unless such agent or
representative justifies his action.
(2) The
proprietor of the mark shall, subject to the provisions of paragraph (1),
above, be entitled to oppose the use of his mark by his agent or representative
if he has not authorized such use.
(3)
Domestic legislation may provide an equitable time limit within which the proprietor
of a mark must exercise the rights provided for in this Article.
Article 7
[Marks: Nature of the Goods to which the Mark is Applied]
The nature
of the goods to which a trademark is to be applied shall in no case form an
obstacle to the registration of the mark.
Article 7bis
[Marks: Collective Marks]
(1) The
countries of the Union undertake to accept for filing and to protect collective
marks belonging to associations the existence of which is not contrary to the
law of the country of origin, even if such associations do not possess an
industrial or commercial establishment.
(2) Each
country shall be the judge of the particular conditions under which a
collective mark shall be protected and may refuse protection if the mark is
contrary to the public interest.
(3)
Nevertheless, the protection of these marks shall not be refused to any
association the existence of which is not contrary to the law of the country of
origin, on the ground that such association is not established in the country
where protection is sought or is not constituted according to the law of the
latter country.
Article 8
[Trade Names]
A trade
name shall be protected in all the countries of the Union without the
obligation of filing or registration, whether or not it forms part of a trademark.
Article 9
[Marks, Trade Names: Seizure, on Importation, etc.,
of Goods Unlawfully Bearing a Mark or Trade Name]
(1) All
goods unlawfully bearing a trademark or trade name shall be seized on
importation into those countries of the Union where such mark or trade name is
entitled to legal protection.
(2)
Seizure shall likewise be effected in the country where the unlawful affixation
occurred or in the country into which the goods were imported.
(3)
Seizure shall take place at the request of the public prosecutor, or any other
competent authority, or any interested party, whether a natural person or a
legal entity, in conformity with the domestic legislation of each country.
(4) The
authorities shall not be bound to effect seizure of goods in transit.
(5) If the
legislation of a country does not permit seizure on importation, seizure shall
be replaced by prohibition of importation or by seizure inside the country.
(6) If the
legislation of a country permits neither seizure on importation nor prohibition
of importation nor seizure inside the country, then, until such time as the
legislation is modified accordingly, these measures shall be replaced by the
actions and remedies available in such cases to nationals under the law of such
country.
Article 10
[False Indications: Seizure, on Importation, etc.,
of Goods Bearing False Indications as to their Source
or the Identity of the Producer]
(1) The
provisions of the preceding Article shall apply in cases of direct or indirect
use of a false indication of the source of the goods or the identity of the
producer, manufacturer, or merchant.
(2) Any
producer, manufacturer, or merchant, whether a natural person or a legal
entity, engaged in the production or manufacture of or trade in such goods and
established either in the locality falsely indicated as the source, or in the
region where such locality is situated, or in the country falsely indicated, or
in the country where the false indication of source is used, shall in any case
be deemed an interested party.
Article 10bis
[Unfair Competition]
(1) The
countries of the Union are bound to assure to nationals of such countries
effective protection against unfair competition.
(2) Any
act of competition contrary to honest practices in industrial or commercial
matters constitutes an act of unfair competition.
(3) The
following in particular shall be prohibited:
1. all
acts of such a nature as to create confusion by any means whatever with the
establishment, the goods, or the industrial or commercial activities, of a
competitor;
2. false
allegations in the course of trade of such a nature as to discredit the
establishment, the goods, or the industrial or commercial activities, of a
competitor;
3.
indications or allegations the use of which in the course of trade is liable to
mislead the public as to the nature, the manufacturing process, the
characteristics, the suitability for their purpose, or the quantity, of the
goods.
Article 10ter
[Marks, Trade Names, False Indications, Unfair Competition: Remedies,
Right to Sue]
(1) The
countries of the Union undertake to assure to nationals of the other countries
of the Union appropriate legal remedies effectively to repress all the acts
referred to in Articles 9,
10, and 10bis.
(2) They
undertake, further, to provide measures to permit federations and associations
representing interested industrialists, producers, or merchants, provided that
the existence of such federations and associations is not contrary to the laws
of their countries, to take action in the courts or before the administrative
authorities, with a view to the repression of the acts referred to in Articles 9, 10, and 10bis, in so far as
the law of the country in which protection is claimed allows such action by
federations and associations of that country.
Article 11
[Inventions, Utility Models, Industrial Designs, Marks: Temporary
Protection at Certain International Exhibitions]
(1) The countries
of the Union shall, in conformity with their domestic legislation, grant
temporary protection to patentable inventions, utility models, industrial
designs, and trademarks, in respect of goods exhibited at official or
officially recognized international exhibitions held in the territory of any of
them.
(2) Such
temporary protection shall not extend the periods provided by Article 4. If,
later, the right of priority is invoked, the authorities of any country may
provide that the period shall start from the date of introduction of the goods
into the exhibition.
(3) Each
country may require, as proof of the identity of the article exhibited and of
the date of its introduction, such documentary evidence as it considers
necessary.
Article 12
[Special National Industrial Property Services]
(1) Each
country of the Union undertakes to establish a special industrial property
service and a central office for the communication to the public of patents,
utility models, industrial designs, and trademarks.
(2) This
service shall publish an official periodical journal. It shall publish
regularly:
(a)
the names of the proprietors of patents granted, with a brief designation of
the inventions patented;
(b)
the reproductions of registered trademarks.
Article 13
[Assembly of the Union]
(1)
(a)
The Union shall have an Assembly consisting of those countries of the Union
which are bound by Articles 13to
17.
(b)
The Government of each country shall be represented by one delegate, who may be
assisted by alternate delegates, advisors, and experts.
(c)
The expenses of each delegation shall be borne by the Government which has
appointed it.
(2)
(a)
The Assembly shall:
(i) deal
with all matters concerning the maintenance and development of the Union and
the implementation of this Convention;
(ii) give
directions concerning the preparation for conferences of revision to the
International Bureau of Intellectual Property (hereinafter designated as
"the International Bureau") referred to in the Convention
establishing the World Intellectual Property Organization (hereinafter
designated as "the Organization"), due account being taken of any
comments made by those countries of the Union which are not hound by Articles 13to 17;
(iii)
review and approve the reports and activities of the Director General of the
Organization concerning the Union, and give him all necessary instructions
concerning matters within the competence of the Union;
(iv) elect
the members of the Executive Committee of the Assembly;
(v) review
and approve the reports and activities of its Executive Committee, and give
instructions to such Committee;
(vi)
determine the program and adopt the biennial budget of the Union, and approve
its final accounts;
(vii) adopt
the financial regulations of the Union;
(viii)
establish such committees of experts and working groups as it deems appropriate
to achieve the objectives of the Union;
(ix)
determine which countries not members of the Union and which intergovernmental
and international nongovernmental organizations shall be admitted to its
meetings as observers;
(x) adopt
amendments to Articles 13to
17;
(xi) take
any other appropriate action designed to further the objectives of the Union;
(xii)
perform such other functions as are appropriate under this Convention;
(xiii)
subject to its acceptance, exercise such rights as are given to it in the
Convention establishing the Organization.
(b)
With respect to matters which are of interest also to other Unions administered
by the Organization, the Assembly shall make its decisions after having heard
the advice of the Coordination Committee of the Organization.
(3)
(a)
Subject to the provisions of subparagraph (b), a delegate may
represent one country only.
(b)
Countries of the Union grouped under the terms of a special agreement in a
common office possessing for each of them the character of a special national
service of industrial property as referred to in Article 12may
be jointly represented during discussions by one of their number.
(4)
(a)
Each country member of the Assembly shall have one vote.
(b)
One-half of the countries members of the Assembly shall constitute a quorum.
(c)
Notwithstanding the provisions of subparagraph (b), if, in any
session, the number of countries represented is less than one-half but equal to
or more than one-third of the countries members of the Assembly, the Assembly
may make decisions but, with the exception of decisions concerning its own
procedure, all such decisions shall take effect only if the conditions, set
forth hereinafter are fulfilled. The International Bureau shall communicate the
said decisions to the countries members of the Assembly which were not
represented and shall invite them to express in writing their vote or
abstention within a period of three months from the date of the communication.
If, at the expiration of this period, the number of countries having thus
expressed their vote or abstention attains the number of countries which was
lacking for attaining the quorum in the session itself, such decisions shall
take effect provided that at the same time the required majority still obtains.
(d)
Subject to the provisions of Article 17(2),
the decisions of the Assembly shall require two-thirds of the votes cast.
(e)
Abstentions shall not be considered as votes.
(5)
(a)
Subject to the provisions of subparagraph (b), a delegate may vote
in the name of one country only.
(b)
The countries of the Union referred to in paragraph (3)(b)shall, as
a general rule, endeavor to send their own delegations to the sessions of the
Assembly. If, however, for exceptional reasons, any such country cannot send
its own delegation, it may give to the delegation of another such country the
power to vote in its name, provided that each delegation may vote by proxy for
one country only. Such power to vote shall be granted in a document signed by
the Head of State or the competent Minister.
(6)
Countries of the Union not members of the Assembly shall be admitted to the
meetings of the latter as observers.
(7)
(a)
The Assembly shall meet once in every second calendar year in ordinary session
upon convocation by the Director General and, in the absence of exceptional
circumstances, during the same period and at the same place as the General
Assembly of the Organization.
(b)
The Assembly shall meet in extraordinary session upon convocation by the
Director General, at the request of the Executive Committee or at the request
of one-fourth of the countries members of the Assembly.
(8) The
Assembly shall adopt its own rules of procedure.
Article 14
[Executive Committee]
(1) The
Assembly shall have an Executive Committee.
(2)
(a)
The Executive Committee shall consist of countries elected by the Assembly from
among countries members of the Assembly. Furthermore, the country on whose
territory the Organization has its headquarters shall, subject to the
provisions of Article 16(7)(b), have an ex officio seat on the
Committee.
(b)
The Government of each country member of the Executive Committee shall be
represented by one delegate, who may be assisted by alternate delegates,
advisors, and experts.
(c)
The expenses of each delegation shall be borne by the Government which has
appointed it.
(3) The
number of countries members of the Executive Committee shall correspond to one-fourth
of the number of countries members of the Assembly. In establishing the number
of seats to be filled, remainders after division by four shall be disregarded.
(4) In
electing the members of the Executive Committee, the Assembly shall have due
regard to an equitable geographical distribution and to the need for countries
party to the Special Agreements established in relation with the Union to be
among the countries constituting the Executive Committee.
(5)
(a)
Each member of the Executive Committee shall serve from the close of the
session of the Assembly which elected it to the close of the next ordinary
session of the Assembly.
(b)
Members of the Executive Committee may be re-elected, but only up to a maximum
of two-thirds of such members.
(c)
The Assembly shall establish the details of the rules governing the election
and possible re-election of the members of the Executive Committee.
(6)
(a)
The Executive Committee shall:
(i)
prepare the draft agenda of the Assembly;
(ii)
submit proposals to the Assembly in respect of the draft program and biennial
budget of the Union prepared by the Director General;
(iii)
[deleted]
(iv)
submit, with appropriate comments, to the Assembly the periodical reports of
the Director General and the yearly audit reports on the accounts;
(v) take
all necessary measures to ensure the execution of the program of the Union by
the Director General, in accordance with the decisions of the Assembly and
having regard to circumstances arising between two ordinary sessions of the Assembly;
(vi)
perform such other functions as are allocated to it under this Convention.
(b)
With respect to matters which are of interest also to other Unions administered
by the Organization, the Executive Committee shall make its decisions after
having heard the advice of the Coordination Committee of the Organization.
(7)
(a)
The Executive Committee shall meet once a year in ordinary session upon
convocation by the Director General, preferably during the same period and at
the same place as the Coordination Committee of the Organization.
(b)
The Executive Committee shall meet in extraordinary session upon convocation by
the Director General, either on his own initiative, or at the request of its
Chairman or one-fourth of its members.
(8)
(a)
Each country member of the Executive Committee shall have one vote.
(b)
One-half of the members of the Executive Committee shall constitute a quorum.
(c)
Decisions shall be made by a simple majority of the votes cast.
(d)
Abstentions shall not be considered as votes.
(e)
A delegate may represent, and vote in the name of, one country only.
(9)
Countries of the Union not members of the Executive Committee shall be admitted
to its meetings as observers.
(10) The
Executive Committee shall adopt its own rules of procedure.
Article 15
[International Bureau]
(1)
(a)
Administrative tasks concerning the Union shall be performed by the
International Bureau, which is a continuation of the Bureau of the Union united
with the Bureau of the Union established by the International Convention for
the Protection of Literary and Artistic Works.
(b)
In particular, the International Bureau shall provide the secretariat of the
various organs of the Union.
(c)
The Director General of the Organization shall be the chief executive of the
Union and shall represent the Union.
(2) The
International Bureau shall assemble and publish information concerning the
protection of industrial property. Each country of the Union shall promptly
communicate to the International Bureau all new laws and official texts
concerning the protection of industrial property. Furthermore, it shall furnish
the International Bureau with all the publications of its industrial property
service of direct concern to the protection of industrial property which the
International Bureau may find useful in its work.
(3) The
International Bureau shall publish a monthly periodical.
(4) The
International Bureau shall, on request, furnish any country of the Union with
information on matters concerning the protection of industrial property.
(5) The
International Bureau shall conduct Studies, and shall provide services,
designed to facilitate the protection of industrial property.
(6) The
Director General and any staff member designated by him shall participate,
without the right to vote, in all meetings of the Assembly, the Executive
Committee, and any other committee of experts or working group. The Director
General, or a staff member designated by him, shall be ex officio secretary of
these bodies.
(7)
(a)
The International Bureau shall, in accordance with the directions of the
Assembly and in cooperation with the Executive Committee, make the preparations
for the conferences of revision of the provisions of the Convention other than Articles 13to 17.
(b)
The International Bureau may consult with intergovernmental and international
non-governmental organizations concerning preparations for conferences of
revision.
(c)
The Director General and persons designated by him shall take part, without the
right to vote, in the discussions at these conferences.
(8) The
International Bureau shall carry out any other tasks assigned to it.
Article 16
[Finances]
(1)
(a)
The Union shall have a budget.
(b)
The budget of the Union shall include the income and expenses proper to the
Union, its contribution to the budget of expenses common to the Unions, and,
where applicable, the sum made available to the budget of the Conference of the
Organization.
(c)
Expenses not attributable exclusively to the Union but also to one or more
other Unions administered by the Organization shall be considered as expenses
common to the Unions. The share of the Union in such common expenses shall be
in proportion to the interest the Union has in them.
(2) The
budget of the Union shall be established with due regard to the requirements of
coordination with the budgets of the other Unions administered by the
Organization.
(3) The
budget of the Union shall be financed from the following sources:
(i)
contributions of the countries of the Union;
(ii) fees
and charges due for services rendered by the International Bureau in relation
to the Union;
(iii) sale
of, or royalties on, the publications of the International Bureau concerning
the Union;
(iv)
gifts, bequests, and subventions;
(v) rents,
interests, and other miscellaneous income.
(4)
(a)
For the purpose of establishing its contribution towards the budget, each
country of the Union shall belong to a class, and shall pay its annual
contributions on the basis of a number of units fixed as follows2:
Class
I............. 25
Class
II............ 20
Class
III........... 15
Class
IV............ 10
Class
V............. 5
Class
VI............ 3
Class
VII........... 1
(b)
Unless it has already done so, each country shall indicate, concurrently with
depositing its instrument of ratification or accession, the class to which it
wishes to belong. Any country may change class. If it chooses a lower class,
the country must announce such change to the Assembly at one of its ordinary
sessions. Any such change shall take effect at the beginning of the calendar
year following the said session.
(c)
The annual contribution of each country shall be an amount in the same
proportion to the total sum to be contributed to the budget of the Union by all
countries as the number of its units is to the total of the units of all
contributing countries.
(d)
Contributions shall become due on the first of January of each year.
(e)
A country which is in arrears in the payment of its contributions may not
exercise its right to vote in any of the organs of the Union of which it is a
member if the amount of its arrears equals or exceeds the amount of the
contributions due from it for the preceding two full years. However, any organ
of the Union may allow such a country to continue to exercise its right to vote
in that organ if, and as long as, it is satisfied that the delay in payment is due
to exceptional and unavoidable circumstances.
(f)
If the budget is not adopted before the beginning of a new financial period, it
shall be at the same level as the budget of the previous year, as provided in
the financial regulations.
(5) The
amount of the fees and charges due for services rendered by the International
Bureau in relation to the Union shall be established, and shall be reported to
the Assembly and the Executive Committee, by the Director General.
(6)
(a)
The Union shall have a working capital fund which shall be constituted by a
single payment made by each country of the Union. If the fund becomes
insufficient, the Assembly shall decide to increase it.
(b)
The amount of the initial payment of each country to the said fund or of its
participation in the increase thereof shall be a proportion of the contribution
of that country for the year in which the fund is established or the decision
to increase it is made.
(c)
The proportion and the terms of payment shall be fixed by the Assembly on the
proposal of the Director General and after it has heard the advice of the
Coordination Committee of the Organization.
(7)
(a)
In the headquarters agreement concluded with the country on the territory of
which the Organization has its headquarters, it shall be provided that,
whenever the working capital fund is insufficient, such country shall grant
advances. The amount of these advances and the conditions on which they are
granted shall be the subject of separate agreements, in each case, between such
country and the Organization. As long as it remains under the obligation to
grant advances, such country shall have an ex officio seat on the Executive
Committee.
(b)
The country referred to in subparagraph (a)and the Organization
shall each have the right to denounce the obligation to grant advances, by
written notification. Denunciation shall take effect three years after the end
of the year in which it has been notified.
(8) The
auditing of the accounts shall be effected by one or more of the countries of the
Union or by external auditors, as provided in the financial regulations. They
shall be designated, with their agreement, by the Assembly.
Article 17
[Amendment of Articles 13to
17]
(1)
Proposals for the amendment of Articles 13, 14, 15, 16, and the present
Article, may be initiated by any country member of the Assembly, by the
Executive Committee, or by the Director General. Such proposals shall be
communicated by the Director General to the member countries of the Assembly at
least six months in advance of their consideration by the Assembly.
(2)
Amendments to the Articles referred to in paragraph (1)shall
be adopted by the Assembly. Adoption shall require three-fourths of the votes
cast, provided that any amendment to Article 13, and
to the present paragraph, shall require four-fifths of the votes cast.
(3) Any
amendment to the Articles referred to in paragraph (1)shall
enter into force one month after written notifications of acceptance, effected
in accordance with their respective constitutional processes, have been
received by the Director General from three-fourths of the countries members of
the Assembly at the time it adopted the amendment. Any amendment to the said
Articles thus accepted shall bind all the countries which are members of the
Assembly at the time the amendment enters into force, or which become members
thereof at a subsequent date, provided that any amendment increasing the
financial obligations of countries of the Union shall bind only those countries
which have notified their acceptance of such amendment.
Article 18
[Revision of Articles 1to
12 and 18 to 30]
(1) This
Convention shall be submitted to revision with a view to the introduction of
amendments designed to improve the system of the Union.
(2) For
that purpose, conferences shall be held successively in one of the countries of
the Union among the delegates of the said countries.
(3)
Amendments to Articles 13to
17 are
governed by the provisions of Article 17.
Article 19
[Special Agreements]
It is
understood that the countries of the Union reserve the right to make separately
between themselves special agreements for the protection of industrial
property, in so far as these agreements do not contravene the provisions of
this Convention.
Article 20
[Ratification or Accession by Countries of the Union; Entry Into Force]
(1)
(a)
Any country of the Union which has signed this Act may ratify it, and, if it
has not signed it, may accede to it. Instruments of ratification and accession
shall be deposited with the Director General.
(b)
Any country of the Union may declare in its instrument of ratification or
accession that its ratification or accession shall not apply:
(i) to Articles 1to 12, or
(ii) to Articles 13to 17.
(c)
Any country of the Union which, in accordance with subparagraph (b),
has excluded from the effects of its ratification or accession one of the two
groups of Articles referred to in that subparagraph may at any later time
declare that it extends the effects of its ratification or accession to that
group of Articles. Such declaration shall be deposited with the Director
General.
(2)
(a)
Articles 1
to 12 shall
enter into force, with respect to the first ten countries of the Union which
have deposited instruments of ratification or accession without making the
declaration permitted under paragraph (1)(b)(i),
three months after the deposit of the tenth such instrument of ratification or
accession.
(b)Articles 13to
17 shall enter
into force, with respect to the first ten countries of the Union which have
deposited instruments of ratification or accession without making the
declaration permitted under paragraph (1)(b)(ii),
three months after the deposit of the tenth such instrument of ratification or
accession.
(c)
Subject to the initial entry into force, pursuant to the provisions of subparagraphs (a)
and (b), of each of the two groups of Articles referred to in paragraph (1)(b)(i)and
(ii), and
subject to the provisions of paragraph (1)(b), Articles 1 to 17 shall, with
respect to any country of the Union, other than those referred to in subparagraphs (a)and
(b), which deposits an instrument of ratification or accession or any
country of the Union which deposits a declaration pursuant to paragraph (1)(c),
enter into force three months after the date of notification by the Director
General of such deposit, unless a subsequent date has been indicated in the
instrument or declaration deposited. In the latter case, this Act shall enter
into force with respect to that country on the date thus indicated.
(3) With
respect to any country of the Union which deposits an instrument of
ratification or accession, Articles 18to 30 shall enter into
force on the earlier of the dates on which any of the groups of Articles
referred to in paragraph (1)(b)enters into force with respect to
that country pursuant to paragraph (2)(a), (b), or (c).
Article 21
[Accession by Countries Outside the Union; Entry Into Force]
(1) Any
country outside the Union may accede to this Act and thereby become a member of
the Union. Instruments of accession shall be deposited with the Director
General.
(2)
(a)
With respect to any country outside the Union which deposits its instrument of
accession one month or more before the date of entry into force of any
provisions of the present Act, this Act shall enter into force, unless a
subsequent date has been indicated in the instrument of accession, on the date
upon which provisions first enter into force pursuant to Article 20(2)(a)
or (b); provided that:
(i) if Articles 1to 12 do not enter into
force on that date, such country shall, during the interim period before the
entry into force of such provisions, and in substitution therefor, be bound by Articles 1to
12 of the Lisbon Act,
(ii) if Articles 13 to 17 do not enter into
force on that date, such country shall, during the interim period before the
entry into force of such provisions, and in substitution therefor, be bound by Articles 13and
14(3), (4), and (5), of the Lisbon Act.
If a
country indicates a subsequent date in its instrument of accession, this Act
shall enter into force with respect to that country on the date thus indicated.
(b)
With respect to any country outside the Union which deposits its instrument of
accession on a date which is subsequent to, or precedes by less than one month,
the entry into force of one group of Articles of the present Act, this Act
shall, subject to the proviso of subparagraph (a), enter into force
three months after the date on which its accession has been notified by the
Director General, unless a subsequent date has been indicated in the instrument
of accession. In the latter case, this Act shall enter into force with respect
to that country on the date thus indicated.
(3) With
respect to any country outside the Union which deposits its instrument Of
accession after the date of entry into force of the present Act in its
entirety, or less than one month before such date, this Act shall enter into
force three months after the date on which its accession has been notified by
the Director General, unless a subsequent date has been indicated in the
instrument of accession. In the latter case, this Act shall enter into force
with respect to that country on the date thus indicated.
Article 22
[Consequences of Ratification or Accession]
Subject to
the possibilities of exceptions provided for in Articles 20(1)(b)and
28(2),
ratification or accession shall automatically entail acceptance of all the
clauses and admission to all the advantages of this Act.
Article 23
[Accession to Earlier Acts]
After the
entry into force of this Act in its entirety, a country may not accede to
earlier Acts of this Convention.
Article 24
[Territories]
(1) Any
country may declare in its instrument of ratification or accession, or may inform
the Director General by written notification any time thereafter, that this
Convention shall be applicable to all or part of those territories, designated
in the declaration or notification, for the external relations of which it is
responsible.
(2) Any
country which has made such a declaration or given such a notification may, at
any time, notify the Director General that this Convention shall cease to be
applicable to all or part of such territories.
(3)
(a)
Any declaration made under paragraph (1)shall
take effect on the same date as the ratification or accession in the instrument
of which it was included, and any notification given under such paragraph shall
take effect three months after its notification by the Director General.
(b)
Any notification given under paragraph (2)shall
take effect twelve months after its receipt by the Director General.
Article 25
[Implementation of the Convention on the Domestic Level]
(1) Any
country party to this Convention undertakes to adopt, in accordance with its
constitution, the measures necessary to ensure the application of this
Convention.
(2) It is
understood that, at the time a country deposits its instrument of ratification
or accession, it will be in a position under its domestic law to give effect to
the provisions of this Convention.
Article 26
[Denunciation]
(1) This
Convention shall remain in force without limitation as to time.
(2) Any
country may denounce this Act by notification addressed to the Director
General. Such denunciation shall constitute also denunciation of all earlier
Acts and shall affect only the country making it, the Convention remaining in
full force and effect as regards the other countries of the Union.
(3)
Denunciation shall take effect one year after the day on which the Director
General has received the notification.
(4) The
right of denunciation provided by this Article shall not be exercised by any
country before the expiration of five years from the date upon which it becomes
a member of the Union.
Article 27
[Application of Earlier Acts]
(1) The
present Act shall, as regards the relations between the countries to which it
applies, and to the extent that it applies, replace the Convention of Paris of
March 20, 1883 and the subsequent Acts of revision.
(2)
(a)
As regards the countries to which the present Act does not apply, or does not
apply in its entirety, but to which the Lisbon Act of October 31, 1958,
applies, the latter shall remain in force in its entirety or to the extent that
the present Act does not replace it by virtue of paragraph (1).
(b)
Similarly, as regards the countries to which neither the present Act, nor
portions thereof, nor the Lisbon Act applies, the London Act of
June 2, 1934, shall remain in force in its entirety or to the extent
that the present Act does not replace it by virtue of paragraph (1).
(c)
Similarly, as regards the countries to which neither the present Act, nor
portions thereof, nor the Lisbon Act, nor the London Act applies, the Hague Act
of November 6, 1925, shall remain in force in its entirety or to the
extent that the present Act does not replace it by virtue of paragraph (1).
(3)
Countries outside the Union which become party to this Act shall apply it with
respect to any country of the Union not party to this Act or which, although
party to this Act, has made a declaration pursuant to Article 20(1)(b)(i).
Such countries recognize that the said country of the Union may apply, in its
relations with them, the provisions of the most recent Act to which it is
party.
Article 28
[Disputes]
(1) Any
dispute between two or more countries of the Union concerning the
interpretation or application of this Convention, not settled by negotiation,
may, by any one of the countries concerned, be brought before the International
Court of Justice by application in conformity with the Statute of the Court,
unless the countries concerned agree on some other method of settlement. The country
bringing the dispute before the Court shall inform the International Bureau;
the International Bureau shall bring the matter to the attention of the other
countries of the Union.
(2) Each
country may, at the time it signs this Act or deposits its instrument of
ratification or accession, declare that it does not consider itself bound by
the provisions of paragraph (1).
With regard to any dispute between such country and any other country of the
Union, the provisions of paragraph (1)shall
not apply.
(3) Any
country having made a declaration in accordance with the provisions of paragraph (2)may,
at any time, withdraw its declaration by notification addressed to the Director
General.
Article 29
[Signature, Languages, Depositary Functions]
(1)
(a)
This Act shall be signed in a single copy in the French language and shall be
deposited with the Government of Sweden.
(b)
Official texts shall be established by the Director General, after consultation
with the interested Governments, in the English, German, Italian, Portuguese,
Russian and Spanish languages, and such other languages as the Assembly may
designate.
(c)
In case of differences of opinion on the interpretation of the various texts,
the French text shall prevail.
(2) This
Act shall remain open for signature at Stockholm until
January 13, 1968.
(3) The
Director General shall transmit two copies, certified by the Government of
Sweden, of the signed text of this Act to the Governments of all countries of
the Union and, on request, to the Government of any other country.
(4) The
Director General shall register this Act with the Secretariat of the United
Nations.
(5) The
Director General shall notify the Governments of all countries of the Union of
signatures, deposits of instruments of ratification or accession and any
declarations included in such instruments or made pursuant to Article 20(1)(c),
entry into force of any provisions of this Act, notifications of denunciation,
and notifications pursuant to Article 24.
Article 30
[Transitional Provisions]
(1) Until
the first Director General assumes office, references in this Act to the
International Bureau of the Organization or to the Director General shall be
deemed to be references to the Bureau of the Union or its Director,
respectively.
(2)
Countries of the Union not bound by Articles 13to 17 may, until five
years after the entry into force of the Convention establishing the Organization,
exercise, if they so desire, the rights provided under Articles 13to 17 of this Act as if
they were bound by those Articles. Any country desiring to exercise such rights
shall give written notification to that effect to the Director General; such
notification shall be effective from the date of its receipt. Such countries
shall be deemed to be members of the Assembly until the expiration of the said
period.
(3) As
long as all the countries of the Union have not become Members of the
Organization, the International Bureau of the Organization shall also function
as the Bureau of the Union, and the Director General as the Director of the
said Bureau.
(4) Once
all the countries of the Union have become Members of the Organization, the
rights, obligations, and property, of the Bureau of the Union shall devolve on
the International Bureau of the Organization.
**This Table of
Contents is added for the convenience of the reader. It does not appear in the
signed text of the Convention.
1Articles have
been given titles to facilitate their identification. There are no titles in
the signed (French) text.
2The
Governing Bodies of WIPO and the Unions administered by WIPO adopted with
effect from January 1, 1994, a new contribution system that replaces the
contribution system set forth in Article 16(4)(a), (b) and (c) of
the Paris Convention. Details concerning that system may be obtained from the
International Bureau of WIPO (Editor's note).