Decree of the Minister for Foreign Affairs No. 13 / 1976 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Swiss Confederation on the protection of data on origin, designations of origin and other geographical indications
Valid
Effective from 14.01.1976
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13
DECLARATION
Minister for Foreign Affairs
of 19 January 1976
on the Treaty between the Czechoslovak Socialist Republic and the Swiss Confederation on the protection of data on origin, designations of origin and other geographical indications
The Treaty between the Czechoslovak Socialist Republic and the Swiss Confederation on the protection of data on origin, designations of origin and other geographical indications was signed in Bern on 16 November 1973.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 14 October 1975.
Pursuant to Article 11 thereof, the Treaty entered into force on 14 January 1976.
The Czech version of the Treaty is hereby published at the same time.
First Deputy Minister:
Krajčir v. r.
TREATY
between the Czechoslovak Socialist Republic and the Swiss Confederation on the protection of data on origin, designations of origin and other geographical indications
President of the Czechoslovak Socialist Republic and
Swiss Federal Council
in order to consolidate and extend industrial property relations,
having regard to the interest of both Contracting States to protect effectively against unfair competition between natural and industrial products, as well as indications of origin, including designations of origin and other geographical indications reserved for certain products or goods,
have agreed to conclude a contract for this purpose and have appointed their agents:
President of the Czechoslovak Socialist Republic
Ing. Miroslav White Head of the Office of Inventions and Discoveries and
Swiss Federal Council
Dr. Walter Stamm,
Director of the Federal Intellectual Property Office.
The emissaries, exchanging their powers of attorney, found in good and proper form, have agreed this:
Each Contracting State undertakes to take all necessary measures to protect effectively:
1. natural or industrial products originating in the territory of the second Contracting State against unfair competition in trade; and
2. the names, designations and pictures referred to in Articles 2, 3 and 5, paragraph 2, as well as the designations listed in Annexes A and B to this Treaty, in accordance with the provisions of this Treaty and the Protocol thereto.
(1) Names of the "Czechoslovak Socialist Republic," "Czech Socialist Republic," "Slovak Socialist Republic," designation "Czechoslovakia" and the historical names of individual countries in the Czechoslovak Socialist Republic, as well as the designations listed in the Annex This Treaty shall be reserved exclusively for Czechoslovak products or goods in the territory of the Swiss Confederation and may be used only under the conditions laid down in the Czechoslovak legislation, unless paragraphs 2 to 4 result otherwise. However, it may be noted in the protocol that certain provisions of this legislation do not apply.
(2) If any of the indications listed in the Annex are And to apply this Treaty to products or goods other than those with which they are associated in Annex A, paragraph 1 shall apply only if:
1. use is likely to give rise to disadvantages in competition to undertakings legally using the label for Czechoslovak products or goods listed in Annex A;
or
2. the use of the label is capable of causing harm to the particular reputation or advertising effect of the label.
(3) Where one of the designations protected under paragraph 1 conforms to a designation of territory or place outside the territory of the Czechoslovak Socialist Republic, paragraph 1 shall not be excluded from applying the designation to products or goods produced in that territory or place. However, if there is a risk of interchangeability, the country of origin must be indicated.
(4) Paragraph 1 shall no longer prevent any person from referring his name, trade name, business name, registered address or registered office to products or goods, their packaging, commercial paper or advertising, provided that they contain the name of the natural person, and their residence or registered office, unless such information is used as a mark of the products or goods. However, the use of a name or a trade name as a mark shall be permitted if, as the case may be, any misrepresentation concerning the origin of the products or goods is excluded.
(5) Article 5 remains reserved.
(1) The name "Swiss Confederation," the designation "Switzerland," and "Confederation" and the names of Swiss cantons, as well as the names listed in Annex B to this Treaty, are reserved exclusively for Swiss products or goods in the territory of the Czechoslovak Socialist Republic and may be used there only under such conditions as provided for in Swiss legislation, unless otherwise specified in paragraphs 2 to 4. However, it may be noted in the protocol that certain provisions of this legislation do not apply.
(2) Where one of the designations listed in Annex B to this Treaty applies to products or goods other than those with which it is associated in Annex B, paragraph 1 shall apply only if:
1. use is likely to give rise to disadvantages in competition to undertakings legally using the labelling for Swiss products or goods listed in Annex B,
or
2. the use of the label is capable of causing harm to the particular reputation or advertising effect of the label.
(3) Where one of the designations protected under paragraph 1 conforms to a designation of territory or place outside the territory of the Swiss Confederation, paragraph 1 shall not be excluded from applying the designation to products or goods produced in that territory or place. However, if there is a risk of interchangeability, the country of origin shall be indicated.
(4) Paragraph 1 shall no longer prevent any person from referring his name, trade name, business name, registered address or registered office to products or goods, their packaging, commercial paper or advertising, provided that they contain the name of the natural person, and their residence or registered office, unless such information is used as a mark of the products or goods. However, the use of a name or a trade name as a mark shall be permitted if, as the case may be, any misrepresentation concerning the origin of the products or goods is excluded.
(5) Article 5 remains reserved.
(1) If the names and designations protected under Articles 2 and 3 are to be used in the course of trade in contravention of those provisions in respect of products or goods or in respect of their presentation or packaging or on accounts, transport documents or on other commercial documents or advertising, such use shall be suppressed under the contract by all such judicial or administrative measures, including confiscation, which, under the laws of the Contracting State in which protection is applied, are to be taken into account for combating unfair competition or for suppressing inadmissible indications.
(2) The provisions of this Article shall also apply where such names or designations are used in translation or with reference to the actual origin or with reference to "type '," type', "method '," imitation' and similar or different forms, where, despite differences in the circulation of the goods, there is a likelihood of confusion.
(3) It is agreed that the use of such names and designations as species shall be considered as inadmissible within the meaning of this Article.
(4) The provisions of this Article shall not apply to products or goods in transit.
(1) The provisions of Article 4 shall also apply where, in respect of goods or goods or their presentation or packaging or on accounts, transport documents or other commercial documents or advertising, signs, names, inscriptions or pictures which contain, indirectly or directly improper or misleading indications of origin, nature, type or essential characteristics of the products or goods.
(2) Names or images of places, buildings, monuments, rivers, mountains and the like which, in the view of a substantial part of the participating trade circles of the Contracting State in which protection is applied, refer to the other Contracting State or to the place or territory of that Contracting State, shall be deemed to be false or misleading indicating the origin information within the meaning of paragraph 1 when used for products or goods not originating in that Contracting State, unless the name or representation may, in the circumstances, reasonably be regarded as merely an indication of the characteristics or a fancy sign.
Any claim arising out of a breach of the provisions of this Treaty may be invoked before the courts of the Contracting States in addition to natural and legal persons and companies authorised to do so under the laws of the Contracting States, including associations and associations representing, indirectly or directly, the producers, contractors, traders or consumers involved and having their registered office in one of the Contracting States, provided that, under the legislation of the Contracting State in which they are established, they can bring an action in civil disputes. In such circumstances, they may also apply claims or legal remedies in criminal proceedings where the legislature of the Contracting State in which the criminal proceedings are conducted permits such claims or legal remedies.
(1) Products or goods, packaging, accounts, transport documents and other commercial documents, as well as advertising material which, when this Treaty enters into force, is in the territory of a Contracting State and has been lawfully provided with information which may not be used under this Treaty, may be sold or consumed within two years of the entry into force of this Treaty.
(2) In addition, natural and legal persons and companies which have already used one of the designations protected pursuant to Article 2 or 3 at the time of the signing of the contract may continue to use that designation until six years after the entry into force of the contract. The right of further use may be inherited or disposed of only with the undertaking or part of the undertaking to which the designation belongs.
(3) Where one of the designations protected under Article 2 or 3 is part of a trade name which has already been used legally at the time of the signature of the contract, the provisions of Article 2 (4) (1) and Article 3 (4) (1) shall also apply where the trade name does not include the name of the natural person. Paragraph 2, sentence 2, shall apply mutatis mutandis.
(4) Article 5 remains reserved.
(1) The lists of Annexes A and B to this Treaty may be amended or extended by exchange of notes. However, each Contracting State may restrict the list of designations for products or goods from its territory without the consent of the other Contracting State.
(2) Where the list of designations for products or goods from the territory of one of the Contracting States is amended or extended, the provisions of Article 7 shall apply; the place of signature and entry into force of the contract shall be the decisive moment when the other Contracting State has notified the amendment or extension.
The provisions of this Treaty shall not preclude wider protection in one of the Contracting States, which shall be paid or made available in the future under national law or other international arrangements, by means of a sign and a representation protected under Articles 2, 3 and 5 (2).
(1) In order to facilitate the implementation of this Treaty, a Joint Commission shall be formed from among the representatives of the governments of each Contracting State.
(2) The task of the Joint Commission is to examine proposals for amending or extending the list of Annexes A and B to this Treaty which require the consent of the Contracting States, as well as to consider all issues relating to the application of this Treaty.
(3) The Joint Commission shall meet when one or another Contracting State so requests.
(1) This Treaty is subject to ratification; The instruments of ratification will be exchanged as soon as possible in Prague.
(2) This Treaty shall enter into force three months after the replacement of the instruments of ratification and shall remain in force for an unlimited period.
(3) This contract may be terminated at any time by each of the two Contracting States within one year.
This contract has been signed by high-level agents to prove it.
Negotiated in Bern on 16 November 1973 in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For
Czechoslovak Socialist Republic:
Ing. Miroslav White Hlavávek v. r.
For
Swiss Confederation:
Dr Walter Stamm v. r.
PROTOCOL
High Contracting Parties
wish to further regulate the application of certain provisions of the Treaty of today on the protection of origin data, designations of origin and other geographical indications.
agree on the following provisions, which form an integral part of the contract:
1. The provisions of this Treaty shall not apply to the labelling of breeds of animals.
The same applies to the indications to be used in accordance with the provisions of the International Convention for the Protection of Plant Varieties of 2 December 1961 as a designation of origin if this Convention applies between the Contracting States of this Treaty.
2. This Treaty shall be without prejudice to the provisions in force in each of the Contracting States concerning imports of products or goods.
3. As an example of the designation protected pursuant to Articles 2 and 3 of this Treaty (Article 4 (2) of the Treaty), the corresponding Latin names and, in the case of the designation "West Swiss' (" Westschweizerisch '), the designation "romantic' shall apply.
In the case of the canton name "Graubünden ', this provision also applies to the abbreviated form" Bündner'.
4. The same protection as the indications protected under Articles 2 and 3 of paragraph 1 shall also be enjoyed by the grammatical derivatives of those markings, such as derived adjectives or aliases.
5. By including the designation "Tokajer" / "Tokajer" in the Annex A contract shall not preclude that designation being used in the Swiss Confederation as a designation of a wine variety together with a geographical indication.
6. The inclusion of the designation "Clevner" in Annex B to the Treaty does not preclude the use of that designation in the Czechoslovak Socialist Republic as a designation of the vine variety together with the geographical indication.
7. The protection of the name of the Swiss canton "Neuenburg" under Article 3 of the Treaty does not preclude the further use of the designation of the wine variety "Neuburg" / "Neuburger" in the Czechoslovak Socialist Republic.
8. The designation of the wines of Hermitage, Montagny, Saint Aubin listed in Annex B to the Treaty may be used in the Czechoslovak Socialist Republic only if they are accompanied by the designation "Switzerland" or any other geographical indication indicating Swiss origin.
9. "Historical names of individual countries in the Czechoslovak Socialist Republic" referred to in Article 2 (1) of the Treaty are Bohemia, Moravia, Slovakia.
Negotiated in Bern on 16 November 1973.
For
Czechoslovak Socialist Republic:
Ing. Miroslav White Hlavávek v. r.
For
Swiss Confederation:
Dr Walter Stamm v. r.
PŘÍLOHA A
ANNEX A
I. WINE
Czech Socialist Republic
Bohemia Sekt
Bohemia Sekt Rosé
Bovine
Château Bzenec
Château Radyna
Shallots
Mikulov romance
White pelagic
Pavlovice Fire
Prague Selection
Slovak ruby
Valtic castle wine
Slovak Socialist Republic
Bratislava grape
Limbash sylvan
Malocarpathian gold
Blue Harmony
Blue gold pearl
Royal
The Blue Crow
Oresan red
Pezins
Sunflower
Svätoyura fly maker
Tokaj wine from Czechoslovak territory
Tokajské samorodné from Czechoslovak territory
Tokaj selection from Czechoslovak territory
II. FOOD AND AGRICULTURE
Bread and pastry products
Czech Socialist Republic
Franz-spa wafers
Karlovy Vary wafers
Karlovy Vary cracker
Mariánské-spa wafers
Pardubice gingerbread
Beer
Czech Socialist Republic
Budejovice beer
Budějovice beer - Budvar
Budějovice Budvar
Flek beer
Pilsen
Pilsner, Pilsner, Pilsner
Pilsen beer, Pilsner Bier
Plzeň Pravod
Pilsner Urquell, Pilsen Urquell
Pils
Mixer beer
Smíchov Staropramen
Large poppy light lager
Slovak Socialist Republic
Bratislava beer
Hurbano beer
Shari beer
Topoščian beer
Fish
Czech Socialist Republic
Carp
Meat products
Czech Socialist Republic
Czech pork shoulder
Prague goose
Prague meat duck
Ham in Prague
Walnuts
Agricultural products
Czech Socialist Republic
Hansel barley
Hops
Ostrich hops
Rye hops
Gardening products
Czech Socialist Republic
Klatovy carnation
Horseradish
Onions
Cucumbers
Milk and cheese products
Czech Socialist Republic
Giant Beer Cheese
Moravian brick
Olomouc curds
Sazza cheese
Slovak Socialist Republic
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Regulation Information
| Citation | Decree No 13 / 1976 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Swiss Confederation on the protection of data on origin, designations of origin and other geographical indications |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.02.1976 |
|---|---|
| Effective from | 14.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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