Decree of the Minister for Foreign Affairs No. 118 / 1979 Coll.
Decree of the Minister for Foreign Affairs on the Nice Agreement on the International Classification of Products and Services for the Registration of Marks of 15 June 1957, revised in Stockholm on 14 July 1967 and in Geneva on 13 May 1977
Valid
Effective from 06.02.1979
118
DECLARATION
Minister for Foreign Affairs
of 9 July 1979
on the Nice Agreement on the international classification of goods and services for the purposes of the registration of marks of 15 June 1957, revised in Stockholm on 14 July 1967 and in Geneva on 13 May 1977
On 13 May 1977 a new revision of the Nice Agreement on the international classification of goods and services for the purposes of the registration of stamps, revised in Stockholm on 14 July 1967, was negotiated in Geneva.
The Charter on the access of the Czechoslovak Socialist Republic to a new revision of the Agreement was deposited with the Director-General of the World Intellectual Property Organisation on 13 September 1978.
The new revision of the Agreement entered into force on 6 February 1979 on the basis of Article 9 thereof and also entered into force on the Czechoslovak Socialist Republic.
Czech translation of the new revision Agreements shall be declared simultaneously.
First Deputy:
Ing. Book v. r.
THE NICE AGREEMENT
on the international classification of goods and services for the purposes of the registration of marks of 15 June 1957, revised at Stockholm on 14 July 1967 and in Geneva on 13 May 1977
The creation of a Special Union; acceptance of international classification; definitions and languages of classification
1. The States bound by this Agreement shall constitute a Special Union and shall adopt a common classification of goods and services for the purposes of the registration of marks (hereinafter referred to as "classification").
2. Classification shall include:
I. the list of classes to which explanatory notes are attached where necessary;
II. alphabetical list of goods and services (hereinafter referred to as "alphabetical list"), indicating the class to which each product or service is to be classified.
3. Classification shall consist of:
I. the classification which was issued in 1971 by the International Intellectual Property Office ("the International Office ') referred to in the Convention establishing the World Intellectual Property Organisation, the explanatory notes to the list of classes contained in this publication being considered provisional and recommended until they have been introduced by the Committee of Experts referred to in Article 3;
II. of amendments and additions which, in accordance with Article 4, paragraph 1 of the Nice Agreement of 15 June 1957, revised in Stockholm on 14 July 1967, entered into force before the entry into force of this text;
III. The amendments to be made at a later date on the basis of Article 3 of this text and to be valid in accordance with Article 4, paragraph 1 of this text.
4. Classification shall be done in English and French, the two texts being equally authentic.
5. (a) The classification referred to in paragraph 3.I., as well as the amendments and additions referred to in paragraph 3.II, which have entered into force before the date on which this text is opened for signature is contained in a single authentic specimen, drawn up in French, deposited with the Director-General of the World Intellectual Property Organisation ("Director-General" and "Organisation"). The amendments and additions referred to in paragraph 3 (II), which shall enter into force after the date on which this text is opened for signature, shall also be deposited with the Director-General in one authentic specimen, drawn up in French.
(b) The English text of the texts referred to in point (a) shall be drawn up by the Committee of Experts referred to in Article 3 as soon as the text of the Agreement enters into force. His authentic specimen will be deposited with the CEO.
(c) The amendments referred to in paragraph 3 (III) shall be deposited with the Director-General in a single authentic specimen, drawn up in French and English.
6. The Director-General, after consulting the governments concerned, shall, either on the basis of the translation proposed by these Governments or in any other way, have no financial implications for the budget of the Special Union or for the Organisation, obtain official classification texts in the German, Arabic, Spanish, Italian, Portuguese and Russian languages and in other languages to be determined by the Assembly referred to in Article 5.
7. The alphabetical list shall contain a serial number corresponding to the language in which the list is made for each product or service name.
I. If the alphabetical list is drawn up in the English language, the serial number of the same name shall be given on the alphabetical list drawn up in the French language and vice versa.
II. Where the alphabetical list drawn up in accordance with paragraph 6 is concerned, a serial number shall also be given which has the same name in the alphabetical list drawn up in French or in the alphabetical list drawn up in English.
Legal scope and use of sorting
1. Subject to the obligations imposed by this Agreement, the scope of classification shall be as accorded to it by each State of the Special Union. In particular, the international classification does not oblige the States of the Special Union, neither as regards the assessment of the scope of the mark protection nor as regards the recognition of service marks.
2. Each of the States of the Special Union reserves the option of using classification either as a main or auxiliary system.
3. Competent authorities of States The special union shall indicate in the official documents and official publications on the entries of the grade numbers of the goods or services for which the mark is registered.
4. The fact that a name is given in the alphabetical list does not affect the rights that may exist to that name.
Committee of Experts
1. A Committee of Experts shall be set up in which each State of the Special Union shall be represented.
2. (a) The Director-General of the Organisation may, and at the request of the Committee of Experts, invite States which are not members of the Special Union but are members of the Organisation or a Party to the Paris Convention for the Protection of Industrial Property to be represented by observers at the Committee of Experts.
(b) The Director-General shall invite intergovernmental organisations specialising in the field of stamps, including at least one of the Member States participating in this Agreement, to represent observers at the meetings of the Committee of Experts.
(c) The Director-General may, and at the request of the Committee of Experts, invite representatives of other intergovernmental organisations and international non-governmental organisations to attend those debates which interest them.
3. Committee of Experts:
I. decide on the changes to be made to the classification;
II. Specific Union recommendations designed to facilitate the use of sorting and to extend its uniform application;
III. Taking any other measure that - without having financial implications for the budget Special Union or Organisation - are such that they can facilitate the use of sorting in developing countries;
IV. is authorised to set up subcommittees and working groups.
4. The Committee of Experts shall approve its rules of procedure. These Regulations shall provide for the possibility for intergovernmental organisations referred to in paragraph 2 (b) which may make a significant contribution to the development of classification, to attend meetings of subcommittees and working groups of the Committee of Experts.
5. Proposals for amendments to be made to the classification may be submitted by the competent authority of any State of the Special Union, by the International Office, by intergovernmental organisations represented within the meaning of paragraph 2, point (b) in the Committee of Experts and by any State or organisations expressly invited by the Committee of Experts to submit such proposals. The proposals shall be communicated to the International Bureau, which shall submit them to the members of the Committee of Experts and Observers no later than two months before the meeting of the Committee of Experts during which they shall be assessed.
6. Each Member State of the Committee of Experts shall have one vote.
7. (a) Subject to (b), the Committee of Experts shall take its decisions by a simple majority of the States represented and voting by the Special Union.
(b) The decision on major classification adjustments shall be made by a four-fifths majority of the represented and voting States of the Special Union. Essential adaptation means the transfer of goods or services from one class to another or the establishment of a new class.
(c) The rules of procedure referred to in paragraph 4 provide that, except in specific cases, the essential arrangements for classification shall be made after the time periods laid down; The Committee of Experts shall determine the length of each period of time.
8. Abstention doesn't count as a voice.
Notification and publication of amendments
The International Bureau shall notify the competent authorities of the States of the Special Union of the amendments decided by the Committee of Experts and the recommendations of the Committee of Experts. The essential adaptations shall enter into force six months after the date of dispatch of the notification. All other amendments shall enter into force on a date to be determined by the Committee of Experts when deciding on the amendment.
2. The International Bureau shall include three amendments which have entered into force. These amendments shall be published in the periodical journals designated by the Assembly referred to in Article 5.
Assembly of the Special Union
1. (a) The Special Union shall have a Assembly consisting of the States which have ratified or acceded to this text.
(b) The Government of each State shall be represented by one delegate who may have representatives, advisers and experts.
(c) The expenditure of each delegation shall be borne by the Government which has appointed the delegation.
2. (a) Subject to the provisions of Articles 3 and 4.
I. discuss all issues relating to the operation and further development of the Special Union and the application of this Agreement;
II. Gives guidance to the International Bureau on the preparation of revision conferences, taking into account the observations made by the States of the Special Union which have not ratified or acceded to this text;
III. Review and approve the reports and activities of the Director-General of the Organisation ("the Director-General ') concerning the Special Union and give it the necessary guidance on matters of competence of the Special Union;
IV. Establishes the programme, approves the three-year budget of the Special Union and approves its final accounts;
V. approve the Financial Regulation of the Special Union;
VI. establish, in addition to the Committee of Experts referred to in Article 3, other committees of experts and working parties which it considers appropriate for the achievement of the objectives of the Special Union;
VII. decide which States not members of the Special Union and which intergovernmental and international NGOs may be admitted as observers to its meetings;
VIII. Approves the adaptation of Articles 5 to 8;
IX. makes other appropriate measures aimed at achieving the objectives of the Special Union;
X. performs all the other tasks assigned to it by this Agreement.
(b) The Assembly shall decide on matters which are also of interest to other Union bodies managed by the Organisation, taking into account the recommendations of the Coordination Committee of the Organisation.
3. (a) Each Member State of the Assembly shall have 1 vote.
(b) Half of the Member States of the Assembly shall form a quorum.
(c) If the number of States represented is less than half, but if one third of the Member States of the Assembly act or exceed one third, the Assembly may take decisions, irrespective of the provisions of point (b); However, decisions of the Assembly, with the exception of decisions on rules of procedure, shall not become enforceable until the following conditions have been met. The International Office shall notify those decisions to the Member States of the Assembly which have not been represented and shall invite them to give their vote or abstention in writing within three months of the date of such communication. If, at the end of that period, the number of States which have so submitted their vote or abstention is equal to at least the number of States absent from the meeting to reach quorum, these decisions shall become enforceable provided that the necessary majority is achieved at the same time.
(d) Except as provided for in Article 8 (2), the Assembly shall adopt the decision by a two-thirds majority of the votes cast.
(e) Abstention does not count as a voice.
(f) Only one State may represent the delegate and may vote only on his behalf.
(g) Member States of the Special Union which are not members of the Assembly shall be admitted to its meetings as observers.
4. (a) The Assembly shall meet once every three years at a proper meeting convened by the Director-General, except in exceptional cases, at the same time and place as the General Assembly of the Organisation.
(b) The Assembly shall meet at an extraordinary meeting convened by the Director-General at the request of one quarter of the Member States of the Assembly.
(c) The Director-General shall draw up a agenda for each meeting.
5. The Assembly shall approve its Rules of Procedure.
International Bureau
1. (a) Administrative tasks A special union is provided by the International Bureau.
(b) In particular, the International Bureau shall prepare meetings and perform the tasks of the Secretariat of the Assembly, the Committee of Experts and any other committees or working groups which the Assembly or the Committee of Experts may establish.
(c) The Director-General shall be the Chief Officer of the Special Union and shall represent him.
2. The Director-General and each co-worker appointed by him shall participate, without the right to vote, in all meetings of the Assembly, the Committee of Experts or any other committee or working group which the Assembly or the Committee of Experts may establish. The Director-General or his designated co-worker shall be the Secretary-General of these institutions on his or her own initiative.
3. (a) The International Bureau shall prepare, in accordance with the instructions of the Assembly, a review conference on the provisions of the Agreement, except for Articles 5 to 8.
(b) The International Bureau may consult on the preparation of review conferences with intergovernmental organisations and international NGOs.
(c) The Director-General and the persons designated by him shall participate in the meetings of the review conferences without the right to vote.
Financing
1. (a) The Special Union shall have its budget.
(b) The Special Union budget shall contain the own revenue and expenditure of the Special Union, its contribution to the budget of common expenditure by the Union and, where appropriate, the amount available to the budget of the Conference of the Organisation.
(c) Expenditure which does not exclusively relate to the Special Union but also to one or more other Union managed by the Organisation shall be regarded as expenditure common to the Union. The share of the Special Union in these common expenditure is commensurate with the interest of the Special Union.
(2) The Special Union budget shall be drawn up taking into account the requirements of coordination with the budgets of the other Union managed by the Organisation.
3. The budget of the Special Union shall be financed from the following sources:
I. contributions from Member States of the Special Union;
II. of fees and charges for services provided by the International Bureau under the Special Union;
III. Proceeds from the sale and benefit of publications of the International Bureau concerning the Special Union;
IV. of donations, references and subsidies;
V. on rent, interest and other miscellaneous income.
4. (a) In order to determine the amount of the contributions referred to in paragraph 3 (I), each Member State of the Special Union shall belong to the same class as that in which it is classified in the Paris Union for the protection of industrial property and shall pay its annual contributions according to the number of units established for that class in that Union.
(b) The annual contribution of each Member State The Special Union shall consist of an amount the ratio of which to the total amount of the annual contributions of all States to the Special Union budget is equal to the ratio between the number of units of the class to which it is classified and the total number of units of all States.
(c) The contributions shall be due on the first January of each year.
(d) A State which is late in paying its contributions shall not have the right to vote in any institution of the Special Union if the amount of arrears is equal to or exceeds the total amount of contributions to be paid by that State for the two preceding full years. However, the Special Union authority may allow such a State to continue to exercise its right to vote in that institution if it considers that the delay has occurred under exceptional and unavoidable circumstances.
(e) Where the budget is not approved before the start of the new financial year, the budget of the previous year shall be transferred in the manner laid down in the Financial Regulation.
5. The amount of fees and charges for services provided by the International Bureau under the Special Union shall be determined by the Director-General who shall report to the Assembly.
6. (a) The Special Union shall have an operational capital fund which shall be created by a one-off payment made by each State of the Special Union. If the Fund becomes inadequate, the Assembly shall decide to increase it.
(b) The amount of the initial payment by each State to or participation in the increase of that Fund shall be in proportion to the annual contribution of that State in force in the year in which the Fund is established or decided to increase it.
(c) The Assembly shall, on a proposal from the Director-General, determine the proportional amount and payment arrangements after having heard the opinion of the Coordination Committee of the Organisation.
7. (a) The Agreement on the seat of the Organisation concluded with the State in whose territory the Organisation has its registered office provides that that State provides advances where the operational capital fund is insufficient. The amount of such advances and the conditions under which they are granted shall in each case be the subject of separate agreements between that State and the Organisation.
(b) The State referred to in (a) and the Organisation shall have each right to terminate the obligation to provide advances by means of a written notification. The denunciation shall take effect three years after the end of the year in which it was notified.
8. Revision of accounts shall be carried out by one or more States of the Special Union or by external auditors designated by the Assembly with their agreement.
Amendments to Articles 5-8
Any Member State of the Assembly or the Director-General may submit proposals for adaptations of Articles 5, 6, 7 and this Article. These proposals shall be notified by the Director-General to the Member States of the Assembly at least six months before they are discussed in the Assembly.
2. The adjustments to the articles referred to in paragraph 1 shall be approved by the Assembly. Their approval shall require a three-quarter majority of the votes cast; However, any adjustments to Articles 5 and this paragraph shall require four fifths of the votes cast.
3. Modifications to the Articles referred to in paragraph 1 shall enter into force one month after the Director-General has received a written notification of their adoption, made in accordance with the relevant constitutional rules, from three quarters of the States which are members of the Assembly at the time when the adjustment was approved. Any modification of the said Articles so adopted shall bind all States which are members of the Assembly at the time of its entry into force or which become members of the Assembly at a later date; However, any adjustment resulting in an increase in the financial obligations of the States of the Special Union shall only bind those States which have notified such adjustments.
Ratification and access; acquisition
1. Any State of the Special Union which has signed this text may ratify and, if not, accede to it.
2. Any State which is not a Member State of the Special Union but is a member of the Paris Convention for the Protection of Industrial Property may accede to that text and thus become a member of that Special Union.
3. The instruments of ratification and accession shall be deposited with the Director-General.
4. (a) This text shall be authentic three months after the following two conditions have been met:
I. six or more States have submitted their instruments of ratification or accession;
II. At least three of these States shall be States of the Special Union at the date on which this text is open for signature.
(b) the acquisition of the validity referred to in (a) shall be effective against countries which have submitted instruments of ratification or accession at least three months before such acquisition.
(c) For each other State not covered by point (b), this text shall enter into force three months after the date on which the Director-General notifies its ratification or accession, unless a later date is indicated in the instrument of ratification or accession. In this case, this text shall enter into force for that State on the date indicated in the instrument.
5. Ratification or access by law means the adoption of all provisions and the granting of all benefits resulting from this text of the Agreement.
6. After the entry into force of this text, no State may ratify or accede to the previous text of this Agreement.
Duration
This Agreement shall have the same duration as the Paris Convention for the Protection of Industrial Property.
Revision
1. This Agreement may be revised periodically by conferences of States of the Special Union.
2. Revision conferences shall be convened on the basis of a decision of the Assembly.
3. Articles 5-8 may be adapted either by a review conference or in accordance with Article 8.
Termination
1. Each State may terminate this text by notifying the Director-General. This statement shall also include the statement of the text or texts which were preceded by that text and which the State giving the statement has ratified or acceded to and is only effective for the State which submitted it, the Agreement remaining valid and enforceable against the other States of the Special Union.
2. The denunciation shall take effect one year after the date on which the Director-General received the notification.
3. The right of notice contained in this Article may not be exercised by any State until five years have elapsed since it became a member of the Special Union.
Reference to Article 24 of the Paris Convention
The provisions of Article 24 of the 1967 Stockholm Convention on the Protection of Industrial Property shall also apply to this Agreement; However, if these provisions are modified in the future, this Agreement will be subject to the latest arrangements in relation to those States of the Special Union which will be bound by these arrangements.
Signatures; languages; the functions of the depositary; notification
1. (a) This text is signed in a single original specimen, drawn up in English and French, the two texts being equally authentic. It's deposited with the CEO.
(b) The Director-General shall, in consultation with the governments concerned, establish the official texts of this text of the Agreement and within two months of the signature of this text in two other languages, Spanish and Russian, in which, in addition to the languages referred to in (a), the equally valid texts of the Convention establishing the World Intellectual Property Organisation have been signed.
(c) The Director-General shall draw up the official texts of this text of the Agreement after consulting the governments concerned in the German, Arabic, Italian and Portuguese languages and in other languages which the Assembly may designate.
2. This text shall remain open for signature by 31 December 1977.
3. (a) The Director-General shall verify and transmit two copies of the signed text to the governments of all States of the Special Union and at the request of any other State.
(b) The Director-General shall verify and transmit two copies of each modification of this text to the governments of all States of the Special Union and, upon request, to the Government of any other State.
4. The Director-General shall register this text with the United Nations Secretariat.
5. The Director-General shall notify the governments of all Member States of the Paris Convention for the Protection of Industrial Property of:
I. signatures made pursuant to paragraph 1;
II. The deposit of instruments of ratification or accession referred to in Article 9 (3);
III. The date of entry into force of this text in accordance with Article 9 (4) (a);
IV. Adoption of amendments to this text pursuant to Article 8 (3);
V. the dates on which such adjustments enter into force;
VI. Statements received pursuant to Article 12.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 118 / 1979 Coll., on the international classification of goods and services for the purposes of registration of stamps of 15 June 1957, revised in Stockholm on 14 July 1967 and in Geneva on 13 May 1977 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.11.1979 |
|---|---|
| Effective from | 06.02.1979 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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