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| Details of the Paris agreement |
The Paris Agreement was adopted by many countries at the conference in Paris in order to prevent the damage caused by greenhouse gases to the climate. The main purpose is to keep global warming below 2 ° C.
Establishment of the Union; Scope of Industrial Rights
1) For the protection of industrial rights, a Union has been established by the countries where this convention is implemented.
2) It covers issues such as protection of industrial rights, patents, utility models, industrial designs, trade marks, service marks, trade names, origin names and signs of origin, prevention of unfair competition.
3) The concept of industrial rights will be understood in the broadest sense, and not only for the industrial and commercial sphere, but also for agricultural and natural products and extraction industries, such as wine, grain, tobacco leaf, fruit, herd animals, minerals, mineral waters, beer, It will also apply to all produced or natural products such as flowers and flour.
4) Patents, imported patents, breeding and supply patents, additional patents and certificates, etc. It will include various industrial patents recognized by the laws of the Union countries such as.
Article 2
Rights Granted to the Citizens of the Union Countries
1) Citizens of one of the member states of the Union shall benefit from all the benefits granted to their citizens by the laws of other Union countries or that they may be granted thereafter, provided that they do not prejudice the rights specifically provided by this agreement. As a result, these people will benefit from the same protection and legal means they have, provided that they comply with the rules and procedures imposed on the citizens of that country against any infringement of their rights.
2) However, the citizens of the countries of the Union shall not be required to reside in the countries where protection is sought or to establish an establishment in order to benefit from any of the industrial rights.
3) The provisions of each of the countries of the Union regarding the judicial and administrative procedure and the choice of residence that may be required by the laws on judicial power and industrial rights or the appointment of a representative are strictly reserved.
Article 3
Granting the Same Rights to Some People as Citizens of the Union Countries
Citizens of countries that are not included in the Union and who reside in the territory of one of the countries of the Union or who have a real or de facto commercial establishment there will be subject to the same treatment as citizens of the Union countries.
Clause 4
A - I. Patents, Utility Models, Industrial Designs, Trademarks, Inventor Certificates: Priority Right - G. Patents: Dividing the Application
A (1) A person who has duly filed a patent, a utility model, an industrial design or a trademark application in one of the countries of the Union, or his legal successor, may benefit from the priority right for filing these in other countries within the periods determined below.
(2) It is deemed that priority right will be granted to any application worth a local application made in accordance with the internal legislation of each of the countries of the Union or in accordance with bilateral or multilateral agreements concluded between the Union countries.
(3) A local application made in accordance with the procedure means an application that is sufficient to determine the date of the application in the country in question and it does not matter how this application will be concluded later.
As a result, a subsequent application made before the expiry of the abovementioned periods in one of the other union countries, in the intervening period, due to the transactions carried out, in particular, another application, the publication or use of the invention, the sale of design copies or the use of the trademark, etc. and such transactions cannot create a right and a privilege in favor of third parties. Rights acquired by third parties before the date of first application, which constitute the basis for the priority right, are reserved in accordance with the internal legislation of each country of the Union.
C (1) The priority periods mentioned above shall be twelve months for patents and utility models and six months for industrial designs and trademarks.
(2) These periods will start from the date of application and the application day will not be included.
(3) If the last day of the period comes to an official holiday in the country where the protection request is made or a day when the Office is not open to file the application, the period will be extended until the first business day following.
(4) Above (2). Within the meaning of the paragraph, a subsequent application on the same subject as the previous first application and filed in the same country of the Union, the previous application to which the previous application was made is withdrawn, abandoned or rejected without leaving a reserved right and has not yet constituted a basis for the priority right claim, the date of the application is the priority. will be considered as the first application that will be accepted as the beginning of the period. Subsequently, the previous application cannot be used as a basis for claiming a priority right.
D (1) A person who wishes to take advantage of the priority of the previous application must make a declaration stating the date and country in which this application was made.will. Each country will set the deadline for this declaration to be made.
(2) These issues will be specified in the publications made by the competent authority and especially in patents and related descriptions.
(3) The countries of the Union may request the claimant to submit a copy of the previously filed application (description, pictures, etc.). The copy which has been certified as true to the original by the authority that received such an application will not require any official approval and may be submitted within three months from the date of filing of the next application, free of charge, in any case. With the application, a document from the same authority showing the date of application and a translation may be requested.
(4) During the filing of the application, other formalities do not need to be fulfilled in order to make a declaration of priority. Each of the countries of the Union will determine the consequences of failure to comply with the formalities stipulated in this article, but these results cannot go beyond the loss of the priority right.
(5) Later, additional evidence and documentation may be required. A person benefiting from the priority right of a previous application will need to specify the registration number for that application. This number is (2) above. will be published in the conditions specified in the paragraph.
E (1) In a country, if the industrial design is applied through a priority right based on the application of a utility model, the priority period will be the time determined for industrial designs.
(2) In addition, the application of a utility model by means of a priority right based on a patent application in a country or vice versa may be allowed.
F No country of the Union shall apply for a priority or patent application on the grounds that the inventor requested more than one priority claim, even if originating from different countries, or on the grounds that an application requesting one or more priority requests contains one or more elements not included in the application or applications. In both cases, it cannot refuse provided that there is an inventive union under the laws of the countries.
Regarding the elements that are not included in the priority application or applications, the subsequent application will create a priority right under normal conditions.
G (1) At the end of the examination, if it is understood that a patent application contains more than one invention, the applicant may divide the application into sections, provided that the first application date and the priority right, if any, are reserved.
(2) The applicant, at the same time, may divide a patent application into sections at the same time, and may preserve the first application date as the date of each of these sections and the priority right, if any. Each country of the Union will have the right to determine the conditions under which such partitioning is permitted.
H. The priority request cannot be rejected on the grounds that these elements are not among the claims declared in the application in the country of origin, provided that certain elements of the patent that are the subject of the priority request are specifically explained in the application documents.
I (1) Applications for an inventor's certificate filed in a country where the applicants have the right to apply for a patent or an inventor's certificate according to their own preferences shall lead to the emergence of a priority right under the same conditions and within the same scope as the applications related to patents.
(2) In a country where the applicants have the right to apply for a patent or an inventor's certificate according to their preferences, in accordance with the provisions of this article regarding patent applications, applicants for an inventor's certificate shall apply for a patent, a utility model or an inventor's certificate. benefits from a priority right based on
Article 4 duplicates 1
Patents: Independence of Patents Obtained for the Same Invention in Different Countries
(1) The patents filed by the citizens of the Union countries in various countries of the Union shall be independent of the patents obtained for the same invention from other countries, included or not included in the Union.
(2) The previous provision should be understood as absolute, especially as the patents filed within the priority period are independent on the grounds of invalidity and termination of the right, and as of their normal duration.
(3) This provision will apply to all patents existing at the time it comes into force.
(4) In case of joining of new countries, this provision shall apply equally to the patents of both parties existing at the time of accession.
(5) Patents obtained with the priority right will have the same duration as the patents requested or granted in various countries of the association without benefiting from the priority.
Article 4 duplicates 2
Patents: Indication of the Inventor in the Patent
The inventor will have the right to be specified in the patent as such.
Article 4 Duplicates 3
Patents: Patentability in Case of Restriction of Sale by Laws
A product that has been patented or obtained through a patented method
The granting of the patent will not be refused and the patent will not be invalidated on the grounds that the country is subject to restrictions or restrictions arising from the laws of the country.
Article 5
Patents:
Material Import; Failure to Run and Not Doing Business; Compulsory Licenses
Industrial Designs:
Failure to run the business; Material Import
Brands:
Not to be used; Different Shapes; Use by Joint-Owners
D. Patents, Utility Models, Brands, Industrial Designs:
Marking
A (1) The importation of the material manufactured by the patent owner in one of the countries of the Union to the country where the patent was granted will not require the patent to be invalidated.
(2) Each of the countries of the Union shall have the right to take legal measures envisaging the granting of a compulsory license in order to prevent abuses arising from the exercise of the exclusive rights granted by patents, such as failure to operate.
(3) Invalidation of a patent will only be possible if the granting of compulsory licenses is not sufficient to prevent such abuses. Invalidation or cancellation of a patent cannot be demanded and a lawsuit cannot be filed within two years after the first compulsory license is granted.
(4) A period of four years from the date of the patent application or three years after the patent is granted, whichever expires later; a compulsory license cannot be applied on the grounds that the business is not run and is inadequate; If the patentee declares a valid excuse, the compulsory license will be denied. Such a compulsory license will not be exclusive and cannot be transferred even in the form of a sub-license other than the part of the enterprise or the business that uses this license.
(5) After the previous provisions are changed according to the required details, they will be valid for the utility models.
B The protection of industrial designs will not be invalidated in any way for reasons such as not operating or importing similar materials.
C (1) If the use of the registered trademark is obligatory in a country, this registration can only be canceled after a reasonable period of time and if the person concerned does not justify the non-activation.
(2) The use of a trademark by its owner in a different way with elements that do not change its distinctive character, as registered in one of the countries of the Union, will not invalidate the registration and will not remove the protection provided to the trademark.
(3) The simultaneous use of the same trademark on similar or similar articles by the industrial or commercial organizations considered as joint owners of the trademark in accordance with the provisions of the internal law of the country where protection is requested shall not prevent the registration of this trademark, provided that it does not mislead the public and does not contravene the public interest and it will not reduce the protection provided.
D (1) As a condition of recognition of the right to protection, the patent, utility model, trademark registration or industrial design application will not need to be displayed or mentioned on the articles.
Article 5 duplicates 1
All Industrial Rights:
The Duration of the Payment of Fees for the Protection of Rights;
Patents: Return of Enforcement
(1) A final period of at least six months will be given for the payment of the fees stipulated for the protection of industrial rights, and if required by the laws of the country, an excess fee will be charged for this.
(2) The countries of the Union shall have the right to return the validity of patents that have been invalidated due to non-payment of fees.
Article 5 duplicates 2
Patents: Patented Devices Forming Parts of Marine, Air and Land Vehicles
The following shall not be considered as an infringement of the patent holder's rights in any Union country:
1.In case the ships belonging to other Union countries enter the waters of a country temporarily or incidentally, the use of the devices subject to the patents of the country in the hull, machinery, ropes, gears and other parts of these ships only for the needs of the ship;
2. In the event that air or land vehicles belonging to other Union countries enter the country temporarily or incidentally, the use of devices or parts of these vehicles used in the construction or operation of vehicles subject to patent.
Article 5 duplicates 3
Patents: Import of Patented Products Including Production Method in the Importing Country
In the event that this product is imported to a Union country where a patent protecting the production method of a product exists, the patentee shall have all the rights granted to him regarding the products manufactured in that country on the basis of the procedural patent by the laws of the importing country.
Article 5 duplicates 4
Industrial Designs
Industrial designs will be protected in all union countries.
Article 6
Trademarks: Registration Conditions; Independent Protection of the Same Brand in Different Countries
(1) The application and registration conditions for trademarks will be determined by the local laws and regulations of each Union country.
(2nd)
However, an application made by a citizen of a Union country for the registration of a trademark applied in any country of the Union cannot be rejected or a registration made invalid on the ground that the registration or renewal is not made in the country of origin.
(3) A trademark duly registered in a Union country shall be accepted independently of the trademarks registered in other Union countries including the country of origin.
Article 6 duplicates 1
Brands: Well-Known Brands
(1) The countries of the Union shall reproduce, imitate or close to the original in a way that may cause any confusion of a well-known trademark that belongs to a person who is accepted to benefit from this contract by the competent authority of the country in which the registration is made and that it is used for the same or similar goods. they undertake to prohibit the use of a trademark that includes its modification either ex officio or upon the request of the relevant person, if the legislation permits, and to reject or cancel the registration.
These provisions will also apply if an essential part of the trademark consists of a reproduction of a well-known trademark or consists of an imitation that could be confused with that well-known trademark.
(2) In order to request the cancellation of such a trademark, a period of at least five years from the registration date will be required. Union countries may allow the time required for the request to be banned from use.
(3) The period for requesting the ban or cancellation of the use of maliciously registered or used trademarks will not be determined.
Article 6 duplicates 2
Brands: Prohibitions on State Emblems, Official Marks and Emblems of Interstate Organizations
1. (a) It is appropriate to use the coats of arms, flags and other State emblems of the countries of the Union, and official marks and marks indicating the official control and guarantee accepted to those countries and their imitations in terms of heraldry, as an element of trademarks or marks without obtaining permission from the competent authorities. The countries of the Union have agreed to prohibit them with measures and to deny or invalidate the registration.
(b) The provisions specified in subparagraph (a) above, emblems, flags, other emblems, abbreviated words, etc., which are the subject of the current international conventions established for their protection. The coat of arms, flags, other emblems and names etc. of the International Organizations in which one or more of the countries of the Union is a member. It will be equally valid for.
(c) No country of the Union will be obliged to apply the provisions of subparagraph (b) above to the detriment of holders of rights acquired in good faith prior to the entry into force of this Convention in that country. The countries of the Union shall give the idea that the use or registration mentioned in paragraph (a) above is a connection between the relevant organizations in the public and the emblem, flag, emblem, abbreviation and names, or that this use or registration is of a nature to create a false thought that there is a connection between the user and the organization in the public. otherwise, it will not be obliged to implement these provisions.
2. The prohibition of the use of official control and guarantee marks and hallmarks will only be applied when it is desired to use the brands in which these marks and stamps are included on goods of the same or similar gender.
3. (a) For the implementation of these provisions, the countries of the Union have agreed to communicate to each other, through the International Bureau, a list of State emblems and official marks or hallmarks that they wish to take under the protection of this Article in whole or within certain limits or which they may seek from now on, and all subsequent amendments to this list. . Meanwhile, all Union countries will keep the lists communicated in this way publicly available. However, it is not necessary to include the flags of the States in this communication.
(b) The provisions in subparagraph (b) of paragraph 1 of this Article shall apply only to coats of arms, flags, other emblems, abbreviations and names of the interstate organizations notified by the international intergovernmental organization through the International Bureau to the countries of the Union.
4. A Union country may lodge its appeals, if any, through the International Bureau to the country concerned or to the international intergovernmental organization within a period of twelve months from the date of receipt of the notification.
5. The measures foreseen for State flags in paragraph 1 above apply only to trademarks registered after 6 November 1925.
6.For other State emblems other than flags, official marks and hallmarks of the countries of the Union, and the coats of arms, flags, other emblems, abbreviations and names of the international intergovernmental organization, these provisions shall only be made after more than two months have elapsed from the receipt of the notification provided for in paragraph (3) above.
It will be valid for registered brands.
7. In cases of bad faith, the countries of the Union will also have the right to cancel the trademarks containing state emblems, signs and marks, which were registered even before 6.11.1925.
8. A citizen of the country of the Union who is authorized to use the State emblem, marks and hallmarks of their country may use them, even if they resemble those of another country.
9. The countries of the Union undertake to prohibit the unauthorized use of the State coat of arms belonging to other countries of the Union in the field of trade, when used in a misleading way about the origin of the goods.
10. The above-written provisions include the unauthorized inclusion of coats of arms, flags, other State emblems or official marks and hallmarks recognized by a country of the Union and the distinctive marks of the international intergovernmental organization referred to in paragraph (1) above, 6. Article 4. Section B of the Mükkerer shall not prevent countries from refusing or canceling them by exercising the rights granted in subparagraph a).
Article 6 duplicates 3
1.In a situation where the granting of a trademark under the legislation of a Union country is valid only with the transfer of the business or business where the trademark belongs to the same time, in order to recognize this validity, the workplace or the part of the business located in that country is exclusive to manufacture or sell goods bearing the trademark in the country. It will be sufficient to transfer the trademark together with the rights to the real or legal person it has been granted.
2. This provision does not impose an obligation on the countries of the Union to accept as valid the issuance of a trademark used in a way that may mislead the public, especially as to the origin, nature or important characteristics of the products to which the trademark is applied.
Article 6 duplicates 4
Trademarks: Protection of Trademarks Registered in a Union Country in Other Union Member Countries
A. (1) Any trademark duly registered in the country of origin shall be accepted for application and protection under the reserved registrations specified in this article, as in other countries of the Union. These countries may request the presentation of a document of registration in the country of origin issued by the competent authority prior to the final registration. This document will not require official approval.
(2) The country of the Union where the applicant has a real and de facto industrial or commercial establishment or if he does not have such an establishment in the Union, the country of the union he / she resides in, or the Union Country of which he / she is a citizen shall be deemed as the country of origin.
B. Registration of trademarks covered by this article cannot be denied or invalidated except in the following cases.
(1) These brands infringe the rights acquired by third parties in the countries where protection is requested,
(2) These brands do not have distinctive features or are used exclusively to indicate the type, quality, quantity, purpose, value, place of origin or production time of the products in trade, or the signs and symbols used in well-intentioned and customary commercial practices in the country where protection is desired to consist of,
(3) In the event that these brands are against morality and public order and especially if they are of a nature to mislead the public. It has been deemed appropriate that the trademark is not compliant with a provision of the legislation on trademarks and that this provision is not the only reason to consider the trademark as contrary to public order, except that this provision is related to public order. However, for this provision, Article 10- First Repetitive is valid.
C. (1) While determining whether a trademark can be protected; All situations based on real events and especially the length of time the brand has been used should be considered.
(2) No trademark shall be rejected on the grounds that it differs from the trademark protected only in the country of origin in other Union countries in terms of elements that do not change its distinctive character and do not affect its identity as it was registered in the country of origin.
D. Unless the trademark to be protected is registered in the country of origin, nobody can benefit from the provision of this article.
E. However, the renewal of the registration of the trademark in the country of origin will not require the renewal of the registration in other Union countries where the trademark is registered.
F. The priority rights of the applications for the registration of the trademarks applied within the period specified in Article 4 will remain valid even if the registration is made after this period in the country of origin.
Article 6 duplicates 5
Brands: Service Marks
Union countries undertake to protect their service marks. It will not be necessary to register these brands.
Article 6 duplicates 6
Trademarks: Registration on behalf of the Trademark Owner's Agent or Representative, without the Consent of the Trademark Owner
1) The agent or representative of a trademark owner in one of the countries of the Union, without the consent of the trademark owner,In case of applying to one or more countries of the Union for the registration of the blood in its own name, the trademark owner shall have the right to object to the application made or to request its cancellation or, if the laws of the country are in conformity with the transfer of the said registration on his behalf, unless this agency or representative shows a justified reason. .
2) If the trademark owner has not authorized the use of his trademark by his agent or representative in accordance with paragraph 1 above, he shall have the right to object to the use by these persons.
3) The legislation of the country may give a reasonable time for the trademark owner to exercise his rights provided by this Article.
Article 7
Brands: Nature of the Goods for Which the Brand Will Be Used
The nature of the goods that will use a trade mark does not obstruct the registration of the trademark in any way.
Article 7 duplicates 1
Brands: Collective Brands
1) The countries of the Union undertake to accept the application and protection of the collective trademarks belonging to the collective organizations, even if these organizations do not have an industrial or commercial establishment.
2) Each country will determine the conditions under which a collective trademark will be protected and may refuse the protection if the trademark is contrary to the public interest.
3) However, the protection of these brands will not be refused on the grounds that a collective organization whose existence is not contrary to the legislation of the country of origin does not have an establishment in the country where protection is requested or is not established in accordance with the legislation of this country.
Article 8
Trade Titles
A trade name, whether it forms part of a trademark or not, shall be protected in all countries of the Union without the obligation of application and registration.
Article 9
Trademarks, Trade Titles: Importing Unlawfully to Goods Carrying Trademarks and Trade Titles etc. Seizure during
(1) All goods unlawfully bearing a trade mark or trade name shall be seized upon importation into countries of the Union where this brand or trade name is under legal protection.
(2) The confiscation process shall be applied in the same way in the country where the branding is made or in the countries where the goods are imported.
(3) The seizure shall be carried out in accordance with the legislation of each country at the request of the prosecutor's office or another competent authority or any person concerned, whether natural or legal.
(4) Official authorities are not obliged to seize transit goods.
(5) If the legislation of a country does not approve of the seizure of the goods during import, an import ban or internal seizure will be applied instead of seizure.
(6) If the legislation of a country does not deem it appropriate to confiscate the goods during import, prohibit the import or seize them within the country, the right of litigation and legal remedies provided to the citizens of the country in such cases shall be applied instead of these measures until the legislation is changed properly.
Article 10
Counterfeit Signs: During Import of Products Carrying Fake Marks Regarding Their Origin, Origin and Manufacturer Identity etc. Confiscation
(1) In the case of direct or indirect use of a fake sign in matters such as the origin and origin (source) of the product or the identity of its manufacturer, producer or seller, the provisions of the previous Article shall apply.
(2) Any manufacturer, producer or seller who is engaged in the production, production or trade of such products and is located in the place or region in which this place is designated as a place of origin, or in the country shown as fake or in the country where the false origin sign is used, whether real or real. Whether it is a legal person, it will be recognized as an interested party.
Article 10 duplicates 1
Unfair competition
1) Union countries are obliged to provide their citizens with effective protection against unfair competition.
2) A competitive behavior contrary to honest practices in commercial and industrial matters constitutes an unfair competitive behavior.
3) In particular, the following will be prohibited:
1. all conduct of a type that would cause confusion in any way with respect to the establishment, goods, or industrial or commercial activities of a competitor (business);
2. fraudulent claims made in the course of business activities that discredit a competitor's business, property, or industrial or commercial activities;
3. Statements or claims that may mislead the public during commercial activities, such as the type, production method, properties, fit for purpose or quantity of the products.
Article 10 duplicates 2
Brands, Trade Names, False Indications of Origin, Unfair Competition: Legal Remedies, Right to Lawsuit
1) The countries of the Union undertake to effectively provide for the citizens of other Union countries the appropriate legal remedies to prohibit all acts and behaviors referred to in the first recurring articles 9, 10 and 10.
2) In particular, the countries of the union, the relevant industry, in order to prohibit the acts and behaviors referred to in the 9th, 10th and 10th repeating Articles.
They undertake to allow federations and associations representing manufacturers, manufacturers or vendors to take judicial or administrative measures to the extent permitted by the laws of the country where protection is sought, provided they do not contravene the law of their country.
Article 11
Inventions, Utility Models, Industrial Designs, Brands: Temporary Protection in Some International Exhibitions
1) The countries of the Union shall provide temporary protection to patentable inventions, utility models, industrial designs and trade marks, in accordance with their own legislation, for the products exhibited in official or officially recognized international exhibitions held in one of the member countries.
2) This temporary protection will not exceed the periods provided by Article 4. Later, if the priority right is applied for, the competent authorities of a country can ensure that the period starts from the date the products are put on display.
3) Each country may require the proof documents it deems necessary to prove the identity of the exhibited product and the date of its introduction.
Article 12
Special National Industrial Rights Services
(1) Each union country undertakes to establish a special industrial rights service and a head office to inform the public on issues such as patents, utility models, industrial designs and trade marks.
(2) This service will publish an official newspaper periodically.
a. the names of the rights holders of the granted patents together with a brief description of the invention granted;
b. will publish the registered trademarks on a regular basis.
Article 13
Union Board
1. (a) Union, 13-17. It will have a board consisting of Union Countries subject to provisions.
(b) The Government of each country shall be accompanied by a delegate assisted by deputy delegates, consultants and experts.
will be represented.
(c) The expenses of each delegate group will be borne by the government that appointed the group.
2. (a) Board:
(i) Concerning all matters relating to the maintenance and development of the Union and the implementation of this Convention
will make transactions;
(ii) the International Intellectual Property Office (hereinafter referred to as the "International Bureau") as provided for in the Convention establishing the World Intellectual Property Organization (hereinafter referred to as the "Organization"). instruct on the preparation of review and change conferences, taking into account the opinions of the countries of the Union not subject to the articles;
(iii) Examine and approve the reports and activities of the Director General of the Organization regarding the Union and give him the necessary instructions regarding the matters within the competence of the Union;
(iv) elect the members of the Board's Executive Committee;
(v) Examine and approve the reports and activities of the Executive Committee and give instructions to this Committee.
(vi) determine the program of the Union and approve and approve its three-year budget, and approve the final accounts;
(vii) Adopt and approve the Union's financial regulations;
(viii) Establish expert committees and working groups as deemed appropriate for the Union to achieve its objectives;
(ix) Determine which countries and which international informal organizations that are not members of the Union will attend the meeting as observers;
(x) Adopt and approve changes and additions to Articles 13 to 17;
(xi) Take any other appropriate initiative to improve the objectives of the Union;
(xii) will perform all kinds of duties stipulated in this contract; and
(xiii) provided that he agrees, he will exercise the rights conferred to him by the Convention which establishes the Organization.
(b) The Board, after receiving the opinion of the Organization Coordination Committee; It will take decisions on matters of interest to other Associations administered by the Organization.
3. (a) Subject to the provisions of paragraph (b) below, a delegate may represent only one country.
(b) Union countries, grouped by a special agreement, may be represented by one of them during the negotiations in a joint office that has the characteristic of a special national industrial rights service referred to in Article 12.
4. (a) Each country member of the Board shall have one vote.
(b) Half of the member countries of the Board will constitute a sufficient number.
(c) If, in a session, the number of countries represented is less than half, but equal to or more than one third of the member states of the board, despite the provision in paragraph (b), the Board may take decisions, other than matters concerning its procedure, but Such decisions can be put into effect if the conditions stipulated below are met.
The International Bureau will notify the unrepresented Board member countries of such decisions and invite them to express their votes or abstention in writing within three months from the date of notification. At the end of this period, if the number of countries expressing their vote or abstention in this way reaches the number of countries required to achieve a sufficient number during the meeting, these decisions will enter into force, provided that the required majority has also been achieved.
Truck.
d) Without prejudice to the provisions of Article 17 (2), Board decisions are taken by two-thirds of the votes.
e) Abstention votes will not be accepted as votes.
5. (a) Subject to the provisions of paragraph (b) below, a delegate may vote only for one country.
(b) The countries of the Union referred to in paragraph (3) (b) generally seek to send their delegations to the ordinary meetings of the Board. However, if, for exceptional reasons, one of these countries is unable to send its own delegation, it may give the delegation of another country the power to vote on its behalf, provided that each delegation can vote by proxy for only one country. This voting power will be given in a document signed by the Head of State or the competent Minister.
6. Union countries that are not members of the Board will be considered as observers at the Board meetings.
7. (a) The Board shall meet regularly every three calendar years, at the same time and place as the General Assembly of the Organization, upon the call of the Director General and except in exceptional cases.
(b) The Board shall hold an extraordinary meeting upon the call of the Director General at the request of the Executive Committee or one fourth of the member countries of the Board.
8. The Board will approve and approve its own judicial procedures.
Article 14
Executive Committee
1. The Board will have an Executive Committee.
2. (a) The Executive Committee shall consist of countries selected by the Board from among member countries. In addition, the country where the headquarters of the Organization is located has one voting right on the Committee ex officio, subject to the provisions of paragraph (b) of Article 16 (7).
(b) Each country member of the Executive Committee shall be represented by a delegate assisted by deputy delegates, consultants and experts.
(c) The costs of each delegation will be borne by the Government that made the appointment.
3. The number of countries members of the Executive Committee shall correspond to one fourth of the number of member countries of the Board. While determining the number of committee members, the remaining number after being divided by four will not be taken into account.
4. When electing the members of the Executive Committee, the board shall take into account the fair geographical distribution and the fact that the countries that are party to Special Agreements established in relation to the association should be among the countries that make up the Executive Committee.
5. (a) The members of the Executive Committee shall remain in office until the end of the next Board meeting, after the end of the Board meeting.
(b) Members of the Executive Committee may be re-elected provided that they do not exceed two-thirds of the former staff.
(c) The Board shall lay down the details of the rules governing the selection and possible re-election of Executive Committee members.
6. (a) Executive Committee:
(i) The Board will draft the agenda;
(ii) Provide recommendations to the Board regarding the draft program prepared by the Director General and the three-year budget of the Union;
(iii) Special annual budgets and programs prepared by the Director General within the limits of the program and the three-year budget will be approved;
(iv) Submit the periodic reports of the General Manager and the annual audit reports on the accounts to the Board with appropriate opinions;
(v) In order to ensure the implementation of the Union program by the General Manager, in accordance with the Board decisions and taking into account the situations that arise between the two ordinary meetings of the Board, it will take the necessary measures;
(vi) It will carry out all other duties that it must perform within the framework of this contract.
(b) The Executive Committee shall decide, after receiving the opinion of the Coordination Committee of the Organization, on matters that concern other Unions administered by the Organization.
7. (a) The Executive Committee shall hold its regular meeting once a year, preferably at the same time and place with the Organization's Coordination Committee, upon the call of the Director General.
(b) The Executive Committee shall convene extraordinarily on the General Director's own initiative and upon the request of the Chairman of the Committee or one-fourth of the members.
8. (a) Each country that is a member of the Executive Committee shall have one vote.
(b) Half of the countries that are members of the Executive Committee will constitute a sufficient number.
(c) Decisions will be taken on the basis of majority vote.
(d) Abstentions are not accepted as votes.
(e) A delegate may represent only one country and vote on its behalf.
9) Union countries that are not members of the Executive Committee will be accepted as observers to the meetings.
10) The Executive Committee will accept and approve its own judicial procedures.
Article 15
International Bureau
1. (a) Administrative work related to the Union will be carried out by the International Bureau, a continuation of the Union Bureau established by the "International Convention for the Protection of Literary and Artistic Works".
(b) The International Bureau shall in particular provide for the secretarial work of the various organs of the Union.
(c) The Director General of the Organization shall represent the Union as the highest level manager of the Association.
2. The International Bureau will collect and publish information on the protection of industrial rights. Each Union country, industrial property
It shall immediately notify the International Bureau of all new laws and official documents relating to the protection of human rights. Moreover, it will forward to the International Bureau all documents published by the Office for the Protection of Industrial Rights, which are directly related to the protection of industrial rights that may be useful in the work of the International Bureau.
3. The International Bureau will publish a monthly magazine.
4. The International Bureau will, upon request, provide information on the protection of industrial rights to each country included in the Union.
5. The International Bureau will work and provide services to facilitate the protection of industrial rights.
6. The General Manager and a staff member appointed by him shall attend all Board, Executive Committee and any other committee or working group meetings without voting rights. The General Manager or a staff member appointed by him will be the ex officio secretary of these bodies.
7. (a) The International Bureau, in accordance with the instructions of the Board and in cooperation with the Executive Committee, shall make preparations for amendment conferences to amend the provisions of the convention, except in Articles 13 to 17.
(b) The International Bureau may consult with international non-governmental organizations on the preparation of amendment conferences.
(c) The Director General and the persons appointed by him will attend the discussions at these conferences without the right to vote.
(d) The International Bureau will carry out all other tasks assigned to it.
Article 16
Financial Considerations
1. (a) The Association will have a budget.
(b) The Union budget shall include the income and expenditure of the Union, the contribution (dues) to be made by the Union to the budget for common expenditures and, where necessary, the amount provided to the conference budget of the organization.
(c) Expenses that belong not only to the Union, but also to one or more other Unions managed by the Organization, shall be considered as common costs of the Unions. The Union's share in such common costs will be proportional to the Union's direct involvement with them.
2. The Union budget will be made taking into account coordination requirements with the budgets of other Unions administered by the Organization.
3. Union budget will be covered by the following resources;
(i) the dues of the countries of the Union;
(ii) Fees and payments to be received by the International Bureau for services rendered in relation to the Union;
(iii) Sales or copyright of the International Bureau's publications on the Union
(iv) grants, grants and allowances
(v) rental fees, interests and other sources of miscellaneous income.
4. (a) In order to determine the contribution share in the budget, each Union country belongs to a class and will pay its annual fee based on the number of units determined below.
Class I .......... 25
Class II .......... 20
Class III .......... 15
Class IV .......... 10
Class V ........... 5
Class VI ........... 3
Class VII ........... 1
(b) Unless previously determined, each country will indicate the class in which it wishes to enter at the time it issues its certificate of ratification or participation. Every country can change classes. If it chooses a lower class, the country should report this change to the Board at one of the regular meetings. Such changes will take effect from the beginning of the calendar year following this meeting.
(c) The ratio of the annual contribution of each country to the total contribution of all countries to the budget of the Union and the ratio of the number of units to the total units of all the countries paying dues shall be the same.
(d) The contribution will be paid on one January day of each year.
(e) A country that is delayed in paying its dues cannot vote in any body of the Union of which it is a member, if the amount of delay is equal to or more than the total of the last two years' dues. However, if one of these bodies considers that the delay in payment is due to unusual and unavoidable circumstances, the country in question may be allowed to exercise its right to vote in these bodies.
(f) If the budget is not approved and approved before the start of a new fiscal year, the budget will be at the same level as the previous year's budget in accordance with the provisions of the financial regulation.
5. The amount of fees and payments to be received by the International Bureau in return for the services rendered in relation to the Union will be determined and reported to the Board and the Executive Committee by the General Manager.
6. (a) The Union shall have a revolving fund fund consisting of a single payment made by each country of the Union. In case of insufficient funds, the Board will decide to increase it.
(b) The first payment amount to be made by each country to the said fund or the contribution to be given to the increase of this fund shall be proportional to the dues to be paid by that country for the year in which the fund was established or the decision to increase was made.
(c) The proportion and terms of payment will be determined according to the recommendation of the Director General after receiving the advice of the Organization Coordination Committee.
7. (a) The location of the headquarters of the organization with the country in which it is locatedIn case of insufficient revolving fund, this country is required to pay an advance. Matters such as the amount of these advances and the conditions for the advance payment will in any case be subject to separate agreements between that country and the Organization. The country in question will have an ex officio vote on the Executive Committee as long as it has to make an advance.
(b) The country and the Organization referred to in subparagraph (a) above shall have the right to terminate the obligation to grant advances by written notification. Termination will take effect three years after the end of the year in which the notification was made.
8. The audit of the accounts will be carried out by one or more Union countries or external auditors appointed by the Board with their own consent in accordance with the provisions of the financial regulation.
Article 17
Amendment of Articles 13 to 17
1. Suggestions for the 13th, 14th, 15th, 16th and amendment of this article may be made by any country member of the Board, the Executive Committee or the General Manager. These proposals will be communicated to Board member countries by the Director General at least six months before they are submitted to the Board.
2. The amendments to be made in the articles mentioned in paragraph 1 will be accepted and approved by the Board. Three-quarters of the votes cast for this will be sufficient, while four-fifths of the votes will be sufficient for amendments to Article 13 and this paragraph.
3. An amendment to the articles referred to in paragraph 1 will enter into force one month after the General Manager receives written acceptance notices from three-quarters of the member countries of the Board in accordance with legal procedures, when the Board approves and approves the change. Amendments adopted in this way bind countries that were members of the Board at the time the amendment came into force, or countries that became members at a later date. However, a change that increases the financial obligations of the Union countries is only for the countries that have declared their acceptance of this change.
Article 18
Revision of Articles 1 to 12 and 18 to 30
1. This contract will be subject to revision in order to introduce changes aimed at improving the Union system.
2. For this purpose, successive conferences will be held in one of the countries of the Union between the delegates of these countries.
3. Amendments to Articles 13 to 17 are regulated by the provisions of Article 17.
Article 19
Special Agreements
It has been observed that the countries of the Union reserve the right to conclude special agreements among themselves for the protection of industrial rights; These agreements are understood, provided that they do not contradict the provisions of this contract.
Article 20
Approval or Accession by the Countries of the Union; Entry into Force
1. (a) A country of the Union that has signed this text (Stockholm Text) may ratify it and although it has not signed it
can participate. Approval and participation certificates will be given in the presence of the General Manager.
(b) A Union country, in its certificate of accession or ratification, the following
can state that it will not apply to substances;
(i) Articles 1 to 12, or
(ii) Articles 13 to 17
(c) If a country of the Union, in accordance with paragraph (b) above, has removed the provisions of one of the two groups mentioned in this paragraph from its ratification or acceptance document, it may subsequently notify it or that the acceptance document includes these provisions. This notification will be given before the General Manager.
2. (a) Articles 1 to 12 shall enter into force three months after the tenth of the tenth of the first ten Union countries that submitted their ratification or accession instruments without notification referred to in paragraph (1), (b) (i) above.
(b) Articles 13 to 17 shall enter into force three months after the tenth of the first ten Union countries to submit their ratification or accession documents without notification referred to in paragraph (1), (b) (ii) above.
(c) Subject to the provisions of paragraphs (a) and (b) above, the entry into force of the two groups of Articles referred to in paragraph (1), paragraph (b) (i) and (ii), and the provisions of paragraph (1) (b). except for the countries referred to in (a) and (b) above, with respect to any country which has granted a certificate of ratification or accession or made a declaration pursuant to paragraph (1) (c), unless a later date is specified in the notification or document 1 Articles to 17 shall enter into force three months after the Director-General's notification of receipt of such a document or notification; otherwise, this text will enter into force on the date specified by the country.
3.For a Union country presenting a certificate of ratification or accession, Articles 18 to 30, 2 (a), (b) or (c)
the dates on which the groups of Articles referred to in paragraph (1) (b) entered into force,
It will take effect on that date, whichever is earlier.
Article 21
Participation of Countries Outside the Union; Entry into Force
1. Any country not included in the Union can participate in this text and therefore become a member of the Union. Participation certificates will be given in the presence of the General Manager.
2. (a) Any provision of this textFor a country other than the Union that has given its certificate of accession one month or earlier after its entry into force, this text is in accordance with Article 20, paragraph (2) (a) or (b), from the date of first entry into force, unless a later date is specified in the document, enters into force with the following conditions:
(i) In the temporary interim period before the entry into force of these provisions, unless Articles 1 to 12 have come into force on that date, that country will be subject to Articles 1 to 12 of the Lisbon Text instead.
(ii) In the provisional interim period before the entry into force of these provisions, unless Articles 13 to 17 come into force on that date, that country shall be subject to Article 13 of the Lisbon Text and to Article 14 (3), (4) and (5).
If a country specifies a later date in the accession certificate, this text for that country comes into force on the specified date.
(b) For a country that is not included in the Union that has given its certificate of accession at a date after the entry into force of a group of articles of this text or at least one month before this date, unless a later date is specified in this document, the provisions of paragraph (a) above are reserved. It will enter into force three months after the date of notification of its participation by the General Manager. If a later date is specified, this text will enter into force on the date specified for this country.
Article 22
Consequences of Approval or Participation
20 (1) (b) and 28 (2). Without prejudice to possible exceptions to the articles, ratification or accession will require acceptance of all clauses and sharing all provisions in favor of this text.
Article 23
Participating in Previous Agreements
A country cannot join the previous texts of this convention after this text has come into force in full.
Article 24
Soils
1. A country may declare in its certificate of ratification or accession, or notify in a written notification to the Director General that this Agreement will apply to all or part of its territory for which it is responsible for external relations.
2. A country making such a declaration or notification may at any time notify the Director General that this agreement will be void in all or part of its territory.
3. (a) A declaration made pursuant to paragraph 1 shall enter into force on the same date as the certificate of approval or accession to which the declaration is included, and a notice given in accordance with this paragraph shall enter into force three months after its notification to the parties concerned by the Director General.
(b) A notification made under paragraph 2 shall enter into force twelve months after its receipt by the Director General.
Article 25
Implementation of the Contract within the Country
1. A country participating in this Convention undertakes, in accordance with its Constitution, to take the necessary measures to ensure the implementation of this Convention.
2. It is agreed that when a country presents its certificate of ratification or accession, it is obliged to apply the provisions of this agreement according to its laws.
Article 26
Withdrawal
1. This agreement will remain in effect without any time limit.
2. A country may withdraw from this text by sending a notification to the Director General. Such a withdrawal notice will cover all previous texts and will be void only for the country of withdrawal, although the Convention remains in full force and valid for the other Union countries.
As of 1 April 1968, Member States of the International Union for the Protection of Industrial Rights (Paris Union).
* Explanation of Spelling Styles
Bold text - States linked to the Text of Lisbon (1958)
Italic color font - States Based on the Text of London (1934)
Roman color font - states attached to the text of St-the Hague (1925)
3. The withdrawal will take effect one year from the day the General Manager receives the notification.
4. The right of withdrawal provided by this article shall not be exercised by a country before the expiry of the five-year period from the date of its membership.
Article 27
Application of Previous Texts
1. This Text shall supersede the Paris Convention of 20 March 1883 and its subsequent revised Texts, in relation to the relations between the countries to which it applies, and to the extent applicable.
2. (a) In countries where this Text is not valid or does not apply to all but where the Lisbon Text of 31 October 1958 applies, the Lisbon Text shall remain valid in its entirety or to the extent that this text does not replace it pursuant to paragraph (1).
(b) Likewise, in countries where either this Text or parts of it or the Lisbon Text are not valid, the London Text of 2 June 1934 shall remain valid in its entirety or to the extent that this Text does not replace it pursuant to paragraph (1).
(c) Likewise, in countries where neither this Text or its parts, nor the Lisbon Text, nor the London Text are valid, the La Haye (The Hague) Text of 6 November 1925, in its entirety, or in accordance with paragraph (1) this Text does not replace it.
3 will remain valid
3. Countries outside the Union that are party to this text shall apply this text before a country of the Union that is not party to the Text or a country of the Union which, although being party to this text, has made a declaration pursuant to Article 20 (1) (b). These countries recognize that the country of the Union concerned may apply the provisions of the last text to which it is a party in its relations with them.
Article 28
Disputes
1. A dispute between two or more countries of the Union regarding the interpretation or application of this Convention, which has not been resolved by negotiation, may be referred to the international Court of Justice by the application of one of the countries concerned in accordance with the Court Procedures, unless the countries concerned cannot agree by another method. The country bringing the dispute to the Court of Justice will notify the International Bureau, which will bring the matter to the attention of other Union countries.
2. Each country itself (1) when it has signed this Text or issued its instrument of ratification or accession. it may declare that it is not bound by the provisions of the paragraph. In the event of a dispute between that country and another country of the Union, (1). the provisions of the paragraph will not apply.
3. A country that has made a declaration under the provisions of paragraph 2 may at any time withdraw its declaration by means of a notification addressed to the Director-General.
Article 29
Signature, Languages, Delivery of Documents
1. (a) This text will be signed in French, in one copy, and deposited with the Swedish Government.
(b) Official texts will be prepared by the Director General, after consultation with the relevant Governments, in English, German, Italian, Portuguese, Russian and Spanish and in other languages to be specified by the Board.
(c) If there are different opinions in the interpretation (translation) of various texts, the French text will be accepted as the basis.
2. This text will remain open for signature in Stockholm until 13 January 1968.
3. The Director-General shall transmit two signed copies of this Text, authenticated by the Swedish Government, to all countries of the Union and to any other country upon request.
4. The Director-General will register this Text with the United Nations Secretariat.
5. The General Manager shall sign the signatures, ratification or participation documents and statements in these documents or this text (20). (1) (c) Notify the Governments of all countries of its provisions which have come into force pursuant to Article 24 and notifications made under Article 24.
Article 30
Transition Provisions
1. Until the first Director General takes office, references in this text to the International Office of the Organization or to the Director General shall be deemed to have been made to the Office of the Union or to the Director of that Office, respectively.
2. Countries of the Union that are not subject to Articles 13 to 17 may, if they so wish, use the rights provided by Articles 13 to 17 of this Text as if they were bound by them, up to five years after the entry into force of the Convention establishing the Organization. A country wishing to exercise these rights shall provide a written notice to the Director-General of this matter; This notification will be effective from the date of receipt. These countries will be considered as board members until the said period expires.
3. Until all Union countries become members of the Organization, the International Bureau of the Organization shall also serve as the Office of the Union and the Director General as the Director of the Bureau.
4. When all Union countries become Members of the Organization, the rights, obligations and properties of the Union Office will be transferred to the International Bureau of the Organization.