Decree of the Minister for Foreign Affairs No. 64 / 1963 Coll.
Decree of the Minister for Foreign Affairs on the Madrid Agreement on the suppression of false or misleading origin data of 14 April 1891 revised in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934 and in Lisbon on 31 October 1958
Valid
Effective from 01.06.1963
64
DECLARATION
Minister for Foreign Affairs
of 26 July 1963
on the Madrid Agreement on the suppression of false or misleading origin data of 14 April 1891 revised in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934 and in Lisbon on 31 October 1958
On 14 April 1891, the Madrid Agreement on the suppression of false or misleading origin data was negotiated, which was last revised in Lisbon on 31 October 1958.
The Charter on the access of the Czechoslovak Socialist Republic to this Agreement was forwarded to the Swiss Government on 11 August 1961.
The Agreement entered into force pursuant to Article 6 (1) thereof on 1 June 1963. This date also entered into force for the Czechoslovak Socialist Republic.
The Czech translation of the Agreement is announced simultaneously.
David v. r.
MADRID AGREEMENT
on the suppression of false or misleading origin data of 14 April 1891 revised in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934 and in Lisbon on 31 October 1958
(1) Any product bearing a false or misleading indication by which it is identified, directly or indirectly, as a country or place of origin, by one of the countries covered by this Agreement or by one of those countries shall be confiscated on importation in each of those countries.
(2) Confiscation shall also take place in the country where the false or misleading origin indication was affixed or in the country where the product bearing this false or misleading indication was imported.
(3) If the legislature does not allow a country to be seized on importation, such seizure shall be replaced by an import ban.
(4) If the legislature does not allow any country to be seized on importation, no import ban, no inland confiscation, and it is therefore expected that this legislature will be regulated, these measures shall be replaced by actions and the means provided by that country's law to its own members in the same case.
(5) If there are no specific sanctions to ensure the suppression of false or misleading origin data, the penalties foreseen by the relevant provisions of the laws on marks and trade names shall apply.
(1) The seizure shall take place at the request of the customs office, which shall immediately inform the tenderer, the natural or legal person, in order to take, if he so wishes, action against seizure which has been carried out as a reinsurance measure; However, the public prosecutor or any other competent authority may request seizure either on application of the injured party or on official responsibility; the procedure has its usual course.
(2) The authorities are not obliged to carry out seizures in the case of transit.
Those provisions shall not prevent the seller from giving his name or address to products other than those of the country of sale; in this case, however, the address or name must be accompanied by a precise and clear indication of the country or place of processing or manufacture or by any other indication sufficient to rule out any mistake concerning the true origin of the goods.
The countries to which this Agreement applies also undertake to prohibit the use, in the sale, exhibition or marketing of products of all information having the character of publicity and which would be able to mislead the public about the origin of the products by being indicated in the characters, notifications, accounts, sheets relating to wine, commercial correspondence or documents or any other commercial notice.
The courts of each country shall decide which names are beyond the provisions of this Agreement for their property of generic names; the country designations of origin for wine products are not subject to the reservation laid down in this Article.
(1) Member States of the Union for the protection of industrial property not participating in this Agreement will be able, if they so request, to accede to it in the form prescribed by Article 16 of the General Convention.
(2) The provisions of Articles 16 bis and 17 bis of the General Convention also apply to this Agreement.
(1) This Agreement shall be ratified and the instruments of ratification deposited in Bern by 1 May 1963 at the latest. It will enter into force one month after that date in the countries which ratified it. However, if at least six countries have previously ratified this Agreement, it will enter into force in those countries after they have been notified by the Government of the Swiss Confederation that the sixth instrument of ratification has been deposited and, as regards the countries which ratify it later, will enter into force one month after notification of each ratification.
(2) Countries which have not deposited the instruments of ratification within the period referred to in the preceding paragraph will be able to accede to this Agreement under the conditions laid down in Article 16 of the General Convention.
(3) This Agreement will replace the Agreement concluded in Madrid on 14 April 1891 and its further revision in relations between the States in which it applies.
(4) In relations between countries in which this Agreement does not apply, but in which the Madrid Agreement revised in London in 1934 remains in force.
(5) Similarly, in countries where neither this Agreement nor the Madrid Agreement revised in London apply, the Madrid Agreement revised in The Hague in 1925 remains in force.
(6) Similarly, in countries where neither this Agreement nor the Madrid Agreement revised in London nor the Madrid Agreement revised in The Hague, the Madrid Agreement revised in Washington in 1911 remains in force.
Done at Lisbon, 31 October 1958.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 64 / 1963 Coll., on the Madrid Agreement on the suppression of false or misleading data on origin of goods of 14 April 1891 revised in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934 and in Lisbon on 31 October 1958 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.1963 |
|---|---|
| Effective from | 01.06.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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