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
* This Table of Contents is added
for the convenience of the reader. It does not appear in the signed text of the
Convention.
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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, Depository 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.
1 Articles have been given titles to facilitate their identification. There are
no titles in the signed (French) text.
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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
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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.
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(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
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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 5quinquies
[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.
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(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.
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(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.
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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.
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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.
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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.
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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 13 to 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 13 to 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 13 to 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 12 may 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
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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.
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(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.
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(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 13 to 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
follows:
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
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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 13 to 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
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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 1 to 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 13 to 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 1 to 12, or
(ii) to Articles 13 to 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 13 to 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 18 to 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).
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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 1 to 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 1 to 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 13 and 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.
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(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, he 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
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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 13 to 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 13 to 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.