Paris Convention for the Protection of Industrial Property
share
Article 1 Establishment of the Union; Scope of Industrial Property Rights
Article 2 National treatment of nationals of the countries of the Union
Article 3 Certain categories of persons shall be treated in the same manner as nationals of the countries of the Union.
Nationals of countries outside the Union who have their residence or a real and effective industrial and commercial establishment in the territory of a country of the Union shall enjoy the same treatment as nationals of countries of the Union.
Article 4
A to I. Patents, utility models, designs, trademarks, inventor certificates: priority.
G. Patents: Division of Application
A.
B.
Accordingly, any application subsequently filed in any other country of the Union before the expiry of the period referred to above shall not be attributable to any act done during that period, in particular the filing of another application, the publication or exploitation of an invention, the reproduction of a design The sale or use of the trademark shall be invalid and shall not create any third party rights or any right of personal possession. Rights acquired by third parties before the date of the first application on which priority is based are retained in accordance with the domestic law of each country of the Union.
C．
D．
Anyone who takes advantage of the priority of a previously filed application must indicate the number of the application; the number shall be published in accordance with the provisions of paragraph (2) above.
E.
F.
No country in the Union shall be entitled to an application claiming one or more priorities because the applicant claims more than one right of priority (even if these rights of priority arise in different countries) or because one or more elements of the application claiming one or more rights of priority are not included in the application as priority. In an application based on a right, the priority is refused or the patent application is refused, but only if in both cases there is unity of invention as stipulated in the law of the country.
Regarding elements not included in the application that is the basis for the right of priority, subsequent applications shall generate priority under the usual conditions.
G．
H．
Priority shall not be refused on the ground that certain elements of the invention for which priority is claimed are not included in the claims enumerated in the application in the country of origin, but only if these elements are clearly stated in the application document as a whole.
I.
Article 4-2 Patents: Patents obtained in different countries for the same invention are independent of each other
(1) Patents applied for by nationals of countries in the Union from countries in the Union are independent from patents obtained for the same invention in other countries, whether they are members of the Union or not.
(2) The above provisions should be understood in an unrestricted sense, and in particular mean that each patent applied for during the priority period is independent of each other with respect to the reasons for its invalidity and loss of rights and its normal period.
(3) This provision shall apply to all patents existing at the time when it comes into force.
(4) In the event that a new country joins, this provision shall also apply to both patents that already exist at the time of joining.
(5) In the countries of the Union, the term of a patent obtained with the benefit of priority shall be the same as the term of a patent applied for or granted without the benefit of priority.
Article 4-3 Patents: Recording the inventor on the patent
The inventor has the right to be recorded as the inventor in the patent.
Article 4quater Patents: Patentability where sale is prohibited by law
A patent shall not be refused or invalidated on the ground that the sale of a patented product or a product manufactured by a patented process is prohibited or restricted by domestic law.
The fifth
A. Patents: Import of articles; non-implementation or insufficient implementation: compulsory license
B. Industrial designs: not implemented; import of articles
C. Trademark: no use; different forms; use by co-owners
D. Patents, utility models, trademarks, industrial designs: marks
A.
(1) The importation by the patentee of an article manufactured in any country of the Union into the country which granted the patent for the article shall not result in the cancellation of the patent.
(2) Each country in the Union has the right to take legislative measures to provide for the grant of compulsory licenses to prevent possible abuses resulting from the exercise of the exclusive rights conferred by the patent, such as non-implementation.
(3) Cancellation of a patent shall not be provided for unless the grant of a compulsory license is insufficient to prevent the above-mentioned abuses. No action for cancellation or revocation of the patent may be brought before the expiry of two years from the date of the grant of the first compulsory license.
(4) Before the expiration of four years from the date of filing the patent application, or before the expiration of three years from the date of grant of the patent, whichever is later, no compulsory license may be applied for on the grounds of non-implementation or insufficient implementation; if The patentee's inaction is justified and the compulsory license should be refused. This compulsory license is non-exclusive and may not be transferred, even by the grant of a sublicense, except with a portion of the business or goodwill exploited under the license.
(5) The above provisions shall apply mutatis mutandis to utility models.
B.
The protection of industrial designs may not, under any circumstances, be revoked on the ground that the imported articles are identical to the protected designs.
C．
(1) If in any country the use of a registered trademark is compulsory, the registration may be revoked only after an appropriate period has elapsed and only if the party concerned cannot prove that there is a legitimate reason for non-use.
(2) If the trademark owner uses a trademark that differs only in some elements from the form of the trademark registered in one of the countries of the Union without changing its distinctiveness, this shall not invalidate the registration or reduce the right to use it. The protection afforded by a trademark.
(3) If several industrial and commercial enterprises that are considered joint owners of a trademark according to the domestic law of the country where protection is requested, use the same trademark on the same or similar goods at the same time, registration shall not be refused in any country of the Union, nor shall it be used in any way Reduce the protection afforded to the mark, provided that such use does not cause misunderstanding among the public and is not contrary to the public interest.
D．
It should not be required to mark or indicate a patent, utility model, trademark registration or industrial design preservation on goods as a condition for recognizing the right to protection.
Article 5-2 All industrial property rights: grace period for payment of rights maintenance fees; patents: restoration
(1) A grace period of not less than six months shall be allowed for the payment of the prescribed fees for the maintenance of industrial property rights, but if national law provides for this, a surcharge shall be paid.
(2) Countries of the Union shall provide for the restoration of patent rights terminated due to non-payment of fees.
Article 5ter Patents: Patented devices forming part of a ship, aircraft or land vehicle
Article 5-4 Patents: Import of products manufactured using patented methods of the importing country
When a product is imported into a country of the Union where the manufacturing method of the product is protected by a patent, the patentee shall enjoy, in accordance with the law of the importing country, all the rights to the imported product that he has for products manufactured in accordance with the patented method in that country. right.
Article 5-5 Industrial Designs
Designs shall be protected in all countries of the Union.
Article 6 Trademark: Registration conditions; independence of protection of the same trademark in different countries
(1) The conditions for trademark application and registration are determined by the laws of each country in the Union.
(2) However, any country in the Union shall not refuse an application for trademark registration by a national of a country in the Union on the ground that it has not been applied for, registered or renewed in the country of origin, nor shall the registration be invalidated.
(3) A trademark officially registered in one country of the Union shall be considered independent from trademarks registered in other countries of the Union, including trademarks registered in the country of origin.
Article 6-2 Trademarks: Well-known Trademarks
(1) Countries in this Union undertake that, if their national laws permit, they shall, ex officio or at the request of an interested party, treat any trademark that the competent authority of the country of registration or user considers to be well-known in that country and who is entitled to enjoy the benefits of this Convention. All trademarks that are used for the same or similar goods constitute a copy, imitation or translation, and are likely to cause confusion. Registration shall be refused or revoked and use shall be prohibited. These provisions shall also apply when the main part of the trademark constitutes a copy or imitation of the above-mentioned well-known trademark and is likely to cause confusion.
(2) Requests for cancellation of such trade mark shall be allowed during a period of at least five years from the date of registration. Countries of the Union may establish a period within which a request for prohibition of use must be made.
(3) There should be no time limit for filing a request for cancellation of registration or prohibition of use of a trademark that has been registered or used in bad faith.
Article 6ter Trademarks: Prohibitions on national emblems, official inspection seals and emblems of intergovernmental organizations
(1)
(a) The countries of the Union agree not to use, without the authorization of the competent authorities, the national emblems, national flags and other national emblems of the countries of the Union, their official symbols and inspection seals used to express supervision and guarantee, as well as those derived from emblems. In the opinion of any imitation used as a trademark or an integral part of a trademark, registration shall be refused or invalidated and appropriate measures shall be taken to prohibit the use.
(b) Paragraph (a) above shall apply equally to coats of arms, flags, other emblems, abbreviations and names of international intergovernmental organizations of which one or more countries of the Union are parties but which have become the object of existing international agreements guaranteeing their protection. emblems, flags, other emblems, abbreviations and names.
(c) No country of the Union shall be required to apply the provisions of subparagraph (b) above to the owner of rights acquired in good faith before the entry into force of this Convention in that country. When the use or registration of a mark referred to in subparagraph (a) above would not lead to a public understanding that the organization concerned is associated with such emblems, flags, emblems, abbreviations and names, or if such use or registration is of a similar nature to The countries of the Union do not need to apply this provision if the public will not be misled into thinking that the user is associated with the organization.
(2) The prohibition on the use of official symbols and inspection seals indicating supervision and guarantee should only apply to the use of trademarks containing such symbols or seals on identical or similar goods.
(3)
(a) For the purpose of giving effect to these provisions, the countries of the Union agree to include in the list of national emblems and official symbols and inspection seals indicating supervisory guarantees which they wish or may hereafter wish to be protected fully or within certain limits by this Article, and to any future reference to this list All modifications shall be notified to each other through the International Bureau. Countries of the Union shall, in due course, make the lists so notified available to the public. However, as far as flags are concerned, this mutual notification is not mandatory.
(b) The provisions of paragraph (b) of this Article shall apply only to the adoption by an international intergovernmental organization, through the International Bureau, of coats of arms, flags, other emblems, abbreviations and names of countries of the Union.
(4) If any country in the Union has any objection, it may lodge it with the relevant country or intergovernmental international organization through the International Bureau within twelve months after receiving the notification.
(5) Regarding the national flag, the measures specified in paragraph (1) above apply only to trademarks registered after November 6, 1925.
(6) With regard to national emblems, official symbols and hallmarks of inspection outside the countries of the Union, as well as with regard to the micro-seals, flags, other emblems, abbreviations and names of international intergovernmental organizations, these provisions shall apply only to those who have received paragraph (3) above. Trademarks registered more than two months after the required notification.
(7) In the case of bad faith, countries have the right to cancel trademarks containing national emblems, symbols and inspection seals even registered before November 6, 1925.
(8) Nationals of any country who have been approved to use the national emblems, symbols and inspection seals of their own country may still use them even if they are similar to the national emblems, symbols and inspection seals of other countries.
(9) The countries of the Union undertake to prohibit the use of the national emblems of other countries of the Union in commerce without approval if it has the nature to mislead people about the origin of the goods.
(10) The above provisions shall not prevent States from exercising their rights stipulated in Article 6 quinques B (3), that is, with regard to unapproved national emblems, national flags and other national emblems adopted by countries of the Union, or official symbols and inspection seals, as well as trademarks with distinctive symbols of intergovernmental international organizations mentioned in paragraph (1) above, shall be refused registration or have their registration invalid.
Article 6-4 Trademarks: Transfer of Trademarks
(1) According to the laws of the countries of this Union, the transfer of a trademark is only valid when it is transferred simultaneously with the industry, agriculture or goodwill to which it belongs. Or the exclusive right to sell goods marked with the transferred trademark is transferred to the transferee together, which is sufficient to recognize the validity of the transfer.
(2) If the transferee's use of the transferred trademark will in fact cause the public to misunderstand the origin, nature or basic quality of the goods using the trademark, the above provisions do not obligate the Union countries to recognize the trademark. The assignment becomes a valid obligation.
Article 6-5 Trademarks: Trademarks registered in one country of the Union are protected in other countries of the Union
A.
(1) For every trademark duly registered in the country of origin, other countries of the Union shall accept applications and grant protection in the same manner as if it were registered in the country of origin, except for the exceptions provided for in this Article. Each country may require a registration certificate issued by the competent authority of the country of origin before confirming registration. This certificate does not require authentication.
E. However, the renewal of trademark registration in the country of origin shall in no case include the obligation to renew the registration in other countries of the Union where the trademark has been registered.
F. If an application for trademark registration is filed within the period specified in Article 4, even if the country of origin registers the trademark after the expiration of that period, its priority interests will not be affected.
Article 6-6 Trademarks: Service Marks
The commitment of countries of the Union to protect service marks should not require them to provide for the registration of such marks.
Article 6-7 Trademark: Registered in the name of an agent or representative without the authorization of the owner
(1) If an agent or representative of a trademark owner in a country of the Alliance applies for registration of the trademark in his own name to one or more countries in the Alliance without the authorization of the owner, the owner shall have The owner shall have the right to object to the application for registration or to request its cancellation or, if permitted by the law of that country, to request that the registration be transferred to himself, unless the agent or representative proves that his actions were justified.
(2) If the trademark owner is not authorized to use the trademark, he shall have the right to object to the use of his trademark by his agent or representative, subject to the provisions of the above and paragraph (1).
(3) National legislation may stipulate a reasonable period for the trademark owner to exercise the rights specified in this article.
Article 7 Trademark: Nature of the goods on which the trademark is used
The nature of the goods for which a trademark is used should in no way be an obstacle to the registration of the trademark.
Article 7-2 Trademarks: Collective Trademarks
(1) If the existence of the association does not violate the laws of its country of origin, even if the association does not have an industrial and commercial establishment, the countries of the Union are committed to accepting applications and protecting the collective trademark belonging to the association.
(2) Countries should independently determine the special conditions for the protection of collective trademarks. If the trademark is contrary to the public interest, protection can be refused.
(3) If the existence of the association does not violate the laws of the country of origin, the association shall not be refused protection for these trademarks on the grounds that the association has no business in the country where it requests protection, or is not organized according to the laws of that country.
Article 8 Manufacturer’s name
The manufacturer's name shall be protected in all countries of the Union without the obligation to apply or register, regardless of whether it is part of a trademark.
Article 9 Trademarks and manufacturer names: Goods illegally marked with trademarks or manufacturer names will be seized upon import.
(1) All goods illegally marked with a trademark or manufacturer's name shall be seized when imported into a country of the Union where the trademark or manufacturer's name is entitled to legal protection.
(2) Seizure shall also be effected in the country where the illegal affixing of the above-mentioned mark occurs or in the country into which the goods have been imported.
(3) Seizure shall be carried out at the request of the prosecutor or other competent authority or an interested party (whether a natural person or a legal person) and in accordance with the domestic laws of each country.
(4) Each agency has no obligation to seize goods in transit.
(5) If the law of a country does not permit seizure at the time of import, it should be replaced by a prohibition on import or domestic seizure.
(6) If the law of a country permits neither seizure at the time of import nor prohibition of import or seizure at home, then until the law is modified accordingly, it shall be substituted that the nationals of that country may in such circumstances, in accordance with the law of that country, Litigation and relief measures taken.
Article 10 False Marks: Goods bearing false marks of origin or producer shall be seized upon import.
(1) The provisions of the preceding Article shall apply to the direct or indirect use of false marks of the origin, producer, manufacturer or merchant of goods.
(2) Any producer, manufacturer or merchant engaged in the production, manufacture or sale of this commodity, whether a natural person or a legal person, has its business office located in a place that is falsely labeled as the origin of the commodity or in the region where that place is located, Those who are in the country where the product is falsely labeled as origin, or in the country where the false label of origin is used, shall be deemed to be interested parties in any case.
Article 10-2 Unfair Competition
(1) The countries of the Union are obliged to ensure effective protection against unfair competition to their nationals.
(2) Any competitive behavior that violates honest customary practices in industrial and commercial affairs constitutes unfair competition.
(3) The following items are particularly prohibited:
(i) Any behavior that creates confusion about a competitor’s business premises, products or industrial and commercial activities by any means;
(ii) In the conduct of business, false statements of a nature that impair the credibility of a competitor’s business premises, goods, or industrial and commercial activities;
(iii) Expressions or statements used in the course of business that may easily mislead the public about the nature, manufacturing method, characteristics, purpose or quantity of the goods.
Article 10ter
Trademarks, trade names, false marks, unfair competition: remedies, right of prosecution
(1) The countries of the Union undertake to ensure that nationals of other countries of the Union have access to appropriate legal remedies to effectively suppress all acts referred to in Articles 9, 10 and 10bis.
(2) The countries of the Union also undertake to regulate and take measures to permit the existence of federations and associations that do not violate the laws of their own countries and represent interested industrialists, producers or businessmen, and the laws of the country where they claim protection allow the association of such countries. Within the scope of complaints filed by associations and associations, complaints shall be filed with the administrative organs of the courts in order to stop the acts mentioned in Articles 9, 10 and 10-2.
Article 11 Inventions, utility models, industrial designs, trademarks: temporary protection at certain international exhibitions
(1) Countries of the Union shall, in accordance with their national laws, treat patentable inventions, utility models, industrial designs and goods exhibited at official or officially recognized international exhibitions held within the territory of any country of the Union. Trademarks are granted temporary protection.
(2) This temporary protection shall not be extended for the period specified in Article 4. If priority is subsequently claimed, the competent authority of any country may provide that the period shall begin on the date on which the goods are exhibited at the exhibition.
(3) Each country may, if deemed necessary, require documentation confirming the items on display and the date on which they were exhibited at the exhibition.
Article 12 National Industrial Property Specialized Institutions
(1) The countries of the Union undertake to establish specialized institutions for industrial property and central institutions for communicating patents, utility models, designs and trademarks to the public.
(2) The specialized agency publishes and publishes on a regular basis:
(a) The name of the person to whom the patent is granted and a summary of the invention patented;
(b) Copies of registered trademarks.
Article 13 The General Assembly of the Alliance
(1)
(a) The Union shall have a General Assembly composed of the countries of the Union bound by Articles 13 to 17.
(b) Each Government shall have a representative who may be supported by deputy representatives, advisers and experts.
(c) The expenses of each delegation shall be borne by the government accrediting the delegation.
(2)
(a) The powers of the General Assembly are as follows:
(i) Handle all matters related to the maintenance and development of the Union and the implementation of this Convention;
(ii) give instructions concerning the preparations for the revision conference of the International Bureau for Intellectual Property (hereinafter referred to as the "International Bureau") referred to in the Convention establishing the World Intellectual Property Organization (hereinafter referred to as the "Organization"), but due regard shall be given to the Views submitted by States bound by Articles 13 to 17;
(iii) Review and approve the reports and activities of the Director-General of the Organization regarding the Alliance, and give all necessary instructions to the Director-General on matters within the competence of the Alliance;
(iv) Elect members of the executive committee of the conference;
(v) Review and approve the reports and activities of the Executive Committee and give instructions to the Committee;
(vi) Decide on the alliance’s plan and adopt the biennial budget, and approve the final accounts;
(vii) Adopt the financial rules of the Alliance;
(viii) Establish appropriate expert committees and working groups to achieve the purposes of the Alliance;
(ix) Decide which countries that are not members of the Union and which intergovernmental organizations and non-governmental international organizations will be admitted to participate in meetings of the Union as observers;
(x) Adopt the amendments to Articles 13 to 17;
(xi) Take any other appropriate action designed to promote the achievement of the objectives of the Alliance;
(xii) perform such other duties as may be appropriate in accordance with this Convention;
(xiii) Exercise the rights granted by the Convention establishing the Organization and accepted by the Union.
(b) Regarding matters that are also of interest to other alliances managed by the organization, the conference shall make resolutions after obtaining the opinions of the coordination committee of the organization.
(3)
(a) Except as provided in subparagraph (b), a representative may represent only one country.
(b) If several countries of the Union have formed, under the terms of a special agreement, a common body having for each of those countries the character of a specialized national industrial property agency referred to in Article 12, at the time of the discussion, one of these countries may of one country as a common representative.
(4)
(a) Each member of the Assembly shall have one vote.
(b) Half of the members of the Assembly shall constitute a quorum for the meeting.
(c) Notwithstanding the provisions of subparagraph (b), if the number of countries present at any meeting is less than half, but reaches one-third or more than one-third of the members of the General Assembly, the General Assembly may make a resolution. However, except for matters concerning other Except for the resolutions of its own proceedings, all other resolutions can only take effect if they meet the following conditions. The International Bureau shall notify the Member States of the Assembly not present of these resolutions and shall request them to indicate in writing their vote or abstention within a period of three months from the date of notification. If at the expiration of that period the number of States voting or abstaining reaches the number of States lacking a quorum for the conference itself, the resolutions shall be valid provided that the required majority of votes is also obtained.
(d) Unless the provisions of Article 17(2) apply, resolutions of the General Assembly require two-thirds of the votes cast.
(e) Abstention shall not be considered a vote.
(5)
(a) Except as provided in subparagraph (b), a representative may vote only in the name of one country.
(b) The countries of the Union referred to in paragraph (3)(b) shall generally try to send their representatives to attend meetings of the General Assembly. However, if any of the countries is unable to send its own delegation due to special reasons, it can authorize the above-mentioned countries to vote in its name, but each delegation can only vote in its name. Can proxy vote for a country. The authority to vote by proxy shall be granted by a document signed by the Head of State or the responsible minister.
(6) Countries of the Union that are not members of the Assembly shall be allowed to attend meetings of the Assembly as observers.
(7)
(a) The general meeting of the General Assembly is held once every two calendar years and is convened by the Director-General. Unless there are special circumstances, it will be held at the same time and place as the regular meeting of the organization.
(b) Extraordinary sessions of the Conference shall be convened by the Director-General at the request of the Executive Board or one-fourth of the members of the Conference.
(8) The General Assembly shall adopt its own rules of procedure.
Article 14 Executive Committee
(1) The conference shall have an executive committee.
(2)
(a) The Executive Committee shall consist of countries elected by the members of the Conference. In addition, the country in which the headquarters of the Organization is located shall have an ex officio seat on the Committee, except where the provisions of Article 16(7)(b) apply.
(b) Each Government of a Member State on the Executive Committee shall have a representative who may be assisted by deputy representatives, advisers and experts.
(c) The expenses of each delegation shall be borne by the Government accrediting the delegation.
(3) The number of members of the Executive Committee shall be equal to one fourth of the members of the General Assembly. When determining the number of seats, the remainder after dividing by four is not counted.
(4) In electing the members of the Executive Committee, the Assembly shall have due regard to equitable geographical distribution and to the need for States composing the Executive Committee to be parties to special agreements with which the Union has special agreements.
(5)
(a) The term of office of a member of the Executive Committee shall commence at the end of the session of the General Conference at which the Committee was elected and shall end at the end of the session of the next ordinary session.
(b) Members of the Executive Committee may be re-elected, but their number shall not exceed two-thirds of the members.
(c) The General Assembly shall establish detailed rules for the election and possible re-election of members of the Executive Committee.
(6)
(a) The powers of the Executive Committee are as follows:
(i) Prepare a draft agenda for the conference;
(ii) Make recommendations to the General Conference on the draft plan and biennial budget of the Union prepared by the Director-General;
(iii) [Deleted]
(iv) Submit the Director-General’s periodic reports and annual accounting inspection reports, together with appropriate comments, to the General Assembly;
(v) In accordance with the resolutions of the General Assembly and taking into account the circumstances that occur between two ordinary sessions of the General Assembly, take all necessary measures to ensure that the Director-General implements the plans of the Union;
(vi) Perform other duties provided for in this Convention.
(b) Regarding matters that are also of interest to other alliances managed by the organization, the Executive Committee shall make decisions after consulting the Coordination Committee of the organization.
(7)
(a) The Executive Committee shall hold an ordinary meeting once a year, convened by the Director-General, preferably at the same time and place as the Coordination Committee of the Organization.
(b) Provisional meetings of the Executive Committee shall be convened by the Director-General on his own initiative or at the request of the Chairman or one-fourth of its members.
(8)
(a) Each member country of the Executive Committee shall have one vote.
(b) Half of the members of the Executive Committee shall constitute a quorum for meetings.
(c) Resolutions require a simple majority of the votes cast.
(d) Abstention shall not be considered as a vote.
(e) A representative can represent a country and vote in the name of a country.
(9) Countries of the Union that are not members of the Executive Committee may send observers to attend meetings of the Executive Committee.
(10) The Executive Committee shall adopt its own rules of procedure.
Article 15 International Bureau
(1)
(a) The administrative work concerning the Union shall be carried out by the International Bureau. The International Bureau is the continuation of the union between the Bureaus of the Union and the Bureaus of the Union established by the International Convention for the Protection of Literary and Artistic Works.
(b) The International Bureau shall, in particular, perform the functions of the secretariat of the organs of the Union.
(c) The Director General of the Organization is the highest administrative official of the Union and represents the Union.
(2) The International Bureau collects information on industrial property rights and publishes them. Each Member State of the Union shall promptly transmit to the International Bureau all new laws and official texts concerning the protection of industrial property rights; in addition, it shall make available to the International Bureau any publications issued by its industrial property bodies that are directly relevant and useful for the protection of industrial property rights. things.
(3) The International Bureau shall publish a monthly magazine.
(4) The International Bureau shall provide, upon request, information concerning matters concerning the protection of industrial property rights to any country of the Union.
(5) The International Bureau shall conduct studies and provide services to promote the protection of industrial property rights.
(6) The Director-General and his designated staff shall participate in all meetings of the General Assembly, the Executive Committee and any other expert committee or working group, but shall not have the right to vote. The Director General or his designee shall be the ex-officio Secretary of these bodies.
(7)
(a) The International Bureau shall, in accordance with the instructions of the Assembly and in cooperation with the Executive Committee, prepare meetings for revision of articles other than Articles 13 to 17 of this Convention.
(b) The International Bureau may consult with intergovernmental and international non-governmental organizations regarding the preparations for the revision conference.
(c) The Director-General and his designees shall participate in the discussions at these meetings without voting rights.
(8) The International Bureau shall perform any other tasks assigned to it.
Article 16 Finance
(1)
(a) The Union shall establish a budget.
(b) The budget of the Union shall include the Union's own revenues and expenditures, contributions to the common budget of the Unions, and, if necessary, contributions to the budget of the Conference of the Member States of the Organization.
(c) Funds that are not exclusive to this alliance but also belong to one or more other alliances managed by this organization shall be considered as common funds of all alliances. The Union's contribution to the common funds shall be proportional to the Union's interest therein.
(2) The Union budget shall be formulated with due regard to the need for coordination with other Union budgets administered by the Organization.
(3) The financial sources of the Union budget are as follows:
(i) the dues of the countries of the Union;
(ii) Fees or receipts received by the International Bureau for services provided in connection with the Union;
(iii) sales or royalties from the International Bureau in respect of publications of the Union;
(iv) Grants, bequests and subsidies;
(v) Rent, interest and other miscellaneous income.
(4)
(a) In order to determine the contributions payable to the budget, each country of the Union shall belong to one of the following tiers and shall pay annual contributions based on the number of units in that tier:
Level I ............ 25
Level II ........................ 20
Level III............15
Level IV............10
Level V ........................ 5
Level VI ............ 3
Level VII ............ 1
(b) In addition to the classes to which it has been assigned, each State shall indicate at the same time as it deposits its instrument of ratification or accession the class to which it wishes to belong. Any country can change its level. If a lower grade is chosen, it must be declared at an ordinary session of the General Assembly. Such change shall be effective at the beginning of the calendar year following that session.
(c) The amount of the annual contribution of each country shall bear the same proportion to the total contributions of all countries to the budget of the Union as the amount of its units shall bear to the total number of units of all contributing countries.
(d) Membership dues shall be paid on January 1 of each year.
(e) A country whose arrears of contributions equals or exceeds the amount of its contributions for the two preceding full years shall not exercise its right to vote in any body of the Union of which it is a member. However, if it is proven that the country's delay in payment of contributions is due to exceptional and unavoidable circumstances, any institution of the Union may allow the country to continue to exercise its voting rights in that institution during such a period.
(f) If the budget has not been adopted before the beginning of the new financial year, the budget shall be at the same level as the previous year's budget, as provided in the financial rules.
(5) The amount of fees or receivables due from the International Bureau for services provided in connection with the Union shall be determined by the Director General and reported to the General Assembly and the Executive Board.
(6)
(a) The Union shall establish a working fund, consisting of a one-time payment from each country of the Union. If the fund is insufficient, the General Assembly shall decide to increase it.
(b) The amount of each country's initial contribution to the above-mentioned fund or the amount of its contribution in the event of an increase in the fund shall be proportional to the amount of contributions paid by that country in the year in which the fund was established or the decision was made to increase the fund.
(c) The proportions and conditions of contributions shall be determined by the General Conference on the recommendation of the Director-General and after hearing the advice of the Coordination Committee of the Organization.
(7)
(a) The headquarters agreement concluded between the Organization and the country in which its headquarters is located shall stipulate that that country shall provide an advance payment in the event of insufficient working funds. The amount and conditions of each advance shall be subject to separate agreements between the Organization and the State. The country shall have an ex-officio seat on the Executive Committee during the period of its advance obligation.
(b) Each of the States referred to in subparagraph (a) and the Organization shall have the right to rescind the obligation to advance payment by written notice. The repeal shall take effect three years from the end of the year in which the notification is given.
(8) The accounting inspection of the accounts shall be carried out by one or more countries of the Union or by external auditors in accordance with the provisions of the financial regulations. They shall be designated by the General Assembly with its consent.
Article 17 Amendments to Articles 13 to 17
(1) Proposals to amend Articles 13, 14, 15, 16 and this Article may be submitted by any member of the General Assembly, the Executive Committee or the Director-General. Such proposals shall be communicated by the Director-General to the Member States of the General Conference at least six months before they are submitted for consideration by the General Conference.
(2) Amendments to the articles referred to in subsection (1) shall be adopted by the Assembly. Adoption requires a vote of three-fourths of the votes cast, except that amendments to Article 13 and this paragraph require a vote of four-fifths of the votes cast.
(3) Amendments to the articles referred to in paragraph (1) shall occur one month after the Director General has received written notification from three-fourths of the members of the General Assembly accepting the amendment in accordance with the constitutional procedures of each country when the General Assembly adopts the amendment. Potency. Amendments to these Articles, upon acceptance, shall be binding on all States that were members of the General Assembly at the time when the amendments came into force and all States that later became members of the General Assembly, except that amendments that increase the financial obligations of countries of the Union shall only be accepted by notification. The amendment is binding on the state.
Article 18 Amendments to Articles 1 to 12 and 18 to 30
(1) This Convention shall be submitted for revision in order to adopt amendments intended to improve the system of the Union.
(2) For this purpose, meetings of representatives of the countries of the Union will be held successively in one of the countries of the Union.
(3) Amendments to Articles 13 to 17 shall be handled in accordance with the provisions of Article 17.
Article 19 Special Agreements
It goes without saying that the countries of the Union reserve the right to conclude separate special agreements with each other on the protection of industrial property rights, to the extent that they are not inconsistent with the provisions of this Convention.
Article 20 Ratification or accession of the countries of the Union; entry into force
(1)
(a) Any country of the Union that has signed this Protocol may ratify this Protocol, and any country that has not signed this Protocol may accede to this Protocol. 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 to:
(i) Articles 1 to 12, or
(ii) Articles 13 to 17.
(c) Any country of the Union which declares under the provisions of paragraph (b) that the effect of its ratification or accession shall not apply to one of the two sets of articles referred to in that paragraph may subsequently declare at any time that the effect of its ratification or accession shall be extended to This set of provisions. This declaration shall be deposited with the Director-General.
(2)
(a) Articles 1 to 12, with respect to the ten countries of the Union which were the first to submit instruments of ratification or accession without making the declaration permitted by paragraph (1)(b)(i) above, It will take effect three months after the tenth instrument of ratification or accession is submitted.
(b) Articles 13 to 17, with respect to the ten countries of the Union which were the first to submit instruments of ratification or accession without making the declaration permitted by paragraph (1)(b)(ii) above, It becomes effective three months after the submission of the tenth instrument of ratification or accession.
(c) Subject to the two sets of provisions referred to in subparagraphs (1)(b)(i) and (ii) each coming into force in accordance with the provisions of subparagraphs (a) and (b), and subject to the application of the provisions of paragraph (1)(b), Articles 1 to 7 shall apply to countries other than the State that has submitted its instrument of ratification or accession referred to in paragraphs (a) and (b), or in accordance with Any State of the Union other than the State in which a declaration under paragraph (1)(c) is lodged shall take effect three months after the date of notification by the Director-General of such lodgement, unless an instrument of ratification, accession or The statement has specified a later date. In the latter case, this Protocol shall enter into force for that State on the date designated by it.
(3) Articles 18 to 30 shall apply to any State of the Union which submits an instrument of ratification or accession to any of the two sets of provisions referred to in paragraph (1)(b), in accordance with Subparagraph (a), (b) or (c) of subsection (2) takes effect for that State on the earlier of the dates on which it comes into force.
Article 21: Accession of countries outside the Union; entry into force
(1) Any country outside the Union may accede to this Protocol and become a member of the Union. The instrument of accession shall be submitted to the Director General for preservation.
(2)
(a) If any State outside the Union submits its instrument of accession one month or more before any provision of the Protocol shall come into force, this Protocol shall be effective in accordance with Article 20(2)(a) or ((a)). Subparagraph b) shall be effective for the country on the earliest date on which it takes effect, unless the instrument of accession has specified a later date; however, the following conditions shall be observed:
(i) If Articles 1 to 12 have not yet entered into force on the above-mentioned date, during the transitional period until these provisions enter into force, the country shall instead be bound by Articles 1 to 12 of the Lisbon Protocol;
(ii) If Articles 13 to 17 have not yet entered into force on the above-mentioned dates, during the transitional period until these provisions enter into force, the country shall instead be subject to Articles 13 and 14((1)) of the Lisbon Protocol. Subject to paragraphs 3), (4) and (5).
If that State specifies a later date in its instrument of accession, this Protocol shall enter into force for that State on the date so designated.
(b) If the date of submission of an instrument of accession by any country outside the Union is after or within one month before the entry into force of a group of provisions of this Protocol, this Protocol shall, except where the provisions of paragraph (a) apply, The accession shall come into effect three months after the date on which the Director-General notifies the country of its accession, unless the instrument of accession specifies a later date. In the latter case, this Protocol shall enter into force for that State on the date specified therein.
(3) If any country outside the Union submits an instrument of accession within one month after this Protocol fully comes into effect or before it comes into effect, this Protocol shall apply to that country three months after the date on which the Director General notifies that country of its accession. shall take effect unless the instrument of accession has specified a later date. In the latter case, this Protocol shall enter into force for that State on the date specified therein.
Article 22 Consequences of ratification or accession
Subject to possible exceptions from the application of the provisions of Article 20(1)(b) and Article 28(2), ratification or accession shall automatically result in acceptance of all the provisions of this Protocol and the enjoyment of its benefits. All benefits.
Article 23 Accession to previous protocols
After this Protocol has fully entered into force, States may not accede to previous protocols to this Convention.
Article 24 Territory
(1) Any State may declare in its instrument of ratification or accession, or may at any time thereafter notify the Director-General in writing, that this Convention shall apply to such State as shall be responsible for all aspects of its external relations specified in the declaration or notification. or part of the territory.
(2) Any country that has made the above declaration or made the above notification may at any time notify the Director General that this Convention shall cease to apply to all or part of the above territory.
(3)
(a) A declaration under paragraph (1) shall enter into force at the same time as the instrument of ratification or accession containing the declaration; a notification under that paragraph shall enter into force three months after notification thereof by the Director-General.
(b) A notification under subsection (2) shall take effect twelve months after the Director-General receives such notification.
Article 25 Domestic implementation of this Convention
(1) The States Parties to this Convention undertake, in accordance with their constitutions, to take the necessary measures to ensure the application of this Convention.
(2) It is understood that States will be able to implement the provisions of this Convention in accordance with their national laws when submitting their instruments of ratification or accession.
Article 26 Withdrawal
(1) This Convention shall remain in force indefinitely.
(2) Any country may denounce this Protocol by notifying the Director General. Such withdrawal shall also constitute denunciation of all previous protocols to this Convention. Withdrawal will only take effect against the country that notified the withdrawal, and this Convention will remain fully valid for other countries of the Union.
(3) The withdrawal shall take effect one year from the date on which the Director General receives the notice of withdrawal.
(4) No country may exercise its right to withdraw under this Article before the expiration of five years from the date of becoming a member of the Union.
Article 27 Application of previous protocols
(1) With regard to the relations between the States to which this Protocol applies, and to the extent that it applies, this Protocol supersedes the Paris Convention of March 20, 1883 and any later revised Protocols.
(2)
(a) For those States to which this Protocol does not apply or does not apply in its entirety but to which the Lisbon Protocol of 31 October 1958 applies, the Lisbon Protocol remains in force in its entirety or, as provided for in paragraph (1), this Protocol does not replace that Protocol valid within the range.
(b) Likewise, the London Protocol of 2 June 1934 shall remain in force in its entirety with respect to a State to which neither this Protocol, or part thereof, nor the Lisbon Protocol shall apply, or where this Protocol does not apply under paragraph (1). effective to the extent that it supersedes this Protocol.
(c) Likewise, for States to which neither this Protocol, or part thereof, nor the Lisbon Protocol, nor the London Protocol apply, the Hague Protocol of 6 November 1925 shall remain in force in its entirety, or shall remain in force in accordance with paragraph (1) The provisions of this Protocol are not valid to the extent that they supersede that Protocol.
(3) If a country outside the Union becomes a party to this Protocol, it shall make a declaration in accordance with Article 20, paragraph (1) (b) (i), against a country that is not a party to this Protocol or is a party to this Protocol but is a party to this Protocol. This Protocol shall apply to any country of the Union. Each country acknowledges that the provisions of the latest protocol to which the country of the Union is party may apply in its relations with the above-mentioned countries of the Union.
Article 28 Disputes
(1) When a dispute between two or more countries of the Union concerning the interpretation or application of this Convention cannot be settled by negotiation, one of the countries concerned may submit the dispute to the International Court of Justice in accordance with its Statute, unless the country concerned has a dispute concerning some other country. A solution is agreed upon. The State which has submitted a dispute to the Court shall notify the International Bureau; the International Bureau shall bring the matter to the attention of the other States of the Union. (1) When a dispute between two or more countries of the Union concerning the interpretation or application of this Convention cannot be settled by negotiation, one of the countries concerned may submit the dispute to the International Court of Justice in accordance with its Statute, unless the country concerned has a dispute concerning some other country. A solution is agreed upon. The State which has submitted a dispute to the Court shall notify the International Bureau; the International Bureau shall bring the matter to the attention of the other States of the Union.
(2) Each State may, when signing this Protocol or submitting its instrument of ratification or accession, declare that it considers itself not to be bound by the provisions of paragraph (1). The provisions of paragraph (1) above shall not apply in relation to any dispute between that State and any other State of the Union.
(3) Any State making a declaration under paragraph (2) above may withdraw its declaration at any time by notification to the Director-General.
Article 29 Signature, language and preservation duties
(1)
(a) This Protocol shall be signed in a single copy in French and shall be deposited with the Government of Sweden.
(b) The Director-General, after consultation with the governments concerned, shall prepare official texts in English, German, Italian, Portuguese, Russian, Spanish and such other languages as the Conference may designate.
(c) In the event of any disagreement regarding the interpretation of various texts, the French version shall prevail.
(2) This Protocol shall be open for signature in Stockholm before January 13, 1968.
(3) The Director-General shall send two copies of the signature of this Protocol certified by the Government of Sweden to all Governments of the Union and, upon request, to any other Government.
(4) The Director-General shall submit this Protocol to the United Nations Secretariat for registration.
(5) The Director-General shall communicate the signature, the deposit of an instrument of ratification or accession and the declaration contained in each such document or made pursuant to Article 20(1)(c), the entry into force or denunciation of any provision of this Protocol. notifications and notifications made in accordance with Article 24, etc., shall be notified to all governments of the Union.
Article 30 Transitional Provisions
(1) Until the first Director General takes office, references in this Protocol to the International Bureau or the Director General of the Organization shall be deemed to mean the Bureau of the Union or its Director, respectively.
(2) Any country of the Union not bound by Articles 13 to 17 may exercise Articles 13 to 17 of this Protocol on its own volition until a period of five years after the entry into force of the Convention establishing the Organization. rights as if each country were bound by these provisions. A State wishing to exercise this right shall notify the Director General in writing; such notification shall be effective from the date of its receipt. Until the expiration of that period, these countries shall be considered members of the Assembly.
(3) Even if all countries of the Union have not fully become members of the Organization, the International Bureau of the Organization shall also exercise the duties of the Bureau of the Union, and the Director General shall also exercise the duties of the Director of the Bureau.
(4) Once all countries of the Union become members of the Organization, the rights, obligations and property of the Bureau of the Union shall be transferred to the International Bureau of the Organization.