Decree of the Minister for Foreign Affairs No. 65 / 1975 Coll.
Decree of the Minister for Foreign Affairs on the Madrid Agreement of 14 April 1891 on the international registration of factory or trade marks, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934, in Nice on 15 June 1957 and in Stockholm on 14 July 1967
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Effective from 29.12.1970
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65
DECLARATION
Minister for Foreign Affairs
of 13 January 1975
on the Madrid Agreement on the International Registration of factory or trade marks of 14 April 1891, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934, in Nice on 15 June 1957 and in Stockholm on 14 July 1967
On 14 July 1967, a new revision of the Madrid Agreement on the international registration of factory or trade marks of 14 April 1891 was negotiated in Stockholm.
The President of the Republic of Madrid ratified the Agreement on the International Registration of Factory or Trade Marks of 14 April 1891, as agreed in Stockholm on 14 July 1967, and the instrument of access to the CSSR was deposited with the Director-General of the World Intellectual Property Organisation on 22 September 1970.
The Agreement entered into force on 19 September 1970 pursuant to Article 14 (4) (a) thereof. It entered into force for the Czechoslovak Socialist Republic on 29 December 1970.
The Czech translation of the Agreement is announced simultaneously.
Minister:
Ing. Chupek v.r.
MADRID AGREEMENT
on the international registration of factory or trade marks of 14 April 1891, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934, in Nice on 15 June 1957 and in Stockholm on 14 July 1967
1. The countries covered by this Agreement shall form a Special Union for the International Registration of Marks.
2. Members of each Contracting State will be able to ensure the protection of their marks in all other Contracting States of this Agreement for goods or services registered in the country of origin by filing them with the International Intellectual Property Office (hereinafter referred to as "the International Office '), which is dealt with by the Convention establishing the World Intellectual Property Organisation (hereinafter referred to as" the Organisation'), through the Office of that country of origin.
3. The country of origin shall be the country of the Special Union in which the applicant has a genuine industrial or commercial establishment; if there is no such plant in a country of the Special Union, the country of the Special Union where it is resident; if he does not reside in the country of the Special Union, that is the country where he belongs according to his nationality, if he is a member of a country of the Special Union.
Members of the Contracting States shall be assimilated to those of the countries not acceding to this Agreement which, within the territory of the Special Union established by this Agreement, comply with the conditions laid down in Article 3 of the Paris Convention for the Protection of Industrial Property.
1. Any application for international registration shall be submitted using the form prescribed in the implementing rules. The Office of the country of origin of the mark shall certify that the information contained in this application conforms to that of the national register and shall indicate the dates and numbers of the application and registration of the mark in the country of origin as well as the date of the application for international registration.
2. The applicant shall indicate the goods or services for which the mark protection is sought, as well as, where possible, the corresponding class or classes according to the classification established by the Nice Agreement on the international classification of goods and services for the purposes of registration of marks. If the applicant does not provide this indication, the International Bureau shall classify the products or goods in the corresponding classes of such classification. The classification indicated by the applicant shall be subject to an inspection by the International Office in cooperation with the National Office. In the event of disagreement between the National Office and the International Office, the opinion of the International Office shall be decisive.
3. If the applicant requests a colour as a distinguishing sign of his mark, he shall:
1. expressly declare this and state in its application a note indicating the colour or colour composition required;
2. add to its request the colour marks of the mark in question, which the International Office shall attach to its notifications. The number of such prints shall be determined by implementing rules.
4. The International Bureau shall immediately record the stamps applied for in accordance with Article 1. The registration shall be marked with the date of the application for international registration in the country of origin if it is received by the International Bureau within two months, including from that date. If the request is not received within this period, the International Bureau shall enter it with the date on which it has run out. The International Bureau shall notify such minutes without delay to the authorities concerned. The registered stamps shall be published in the periodic bulletin issued by the International Bureau, according to the information contained in the registration application. With regard to stamps containing an image element or a special font, the implementing rules shall determine whether the applicant is to supply a plate.
5. In order to be known in the Contracting States, each Office shall receive from the International Bureau a number of copies of that publication free of charge and a number at a reduced price in proportion to the number of units referred to in Article 16, 4 (a), of the Paris Convention for the Protection of Industrial Property under the conditions laid down in the implementing rules. This publication will be considered to be entirely sufficient in all the Contracting States and no other one may be required of the applicant.
1. Each Contracting country may at any time notify in writing to the Director-General of the Organisation (hereinafter referred to as "the Director-General ') that the protection resulting from the international registration will only apply to its country if the applicant expressly so requests.
2. Such notification shall not take effect until six months after the Director-General has notified the other Contracting States.
1. An application to extend the protection resulting from an international registration to a country which has applied the possibilities of Article 3 bis shall be specifically indicated in the application under Article 3 (1).
2. The application for a territorial extension, submitted after the application for an international registration, must be submitted through the Office of the country of origin using the form prescribed by the implementing rules. The International Bureau shall record the application immediately and notify it without delay to the competent authority or competent authorities. It shall be published in the periodical journal published by the International Bureau. This territorial extension shall take effect on the date of entry in the international register; the entry of the mark to which it relates shall cease to be effective.
1. Since the registration provided for in Article 3 and 3 ter has been carried out at the International Office, the mark in each participating Contracting State shall be protected as if it had been registered there. The classification of the goods or services provided for in Article 3 shall not bind the Contracting States to assess the scope of the mark.
2. Any mark which has been internationally registered shall enjoy the priority right provided for in Article 4 of the Paris Convention for the Protection of Industrial Property without the need to comply with the formalities referred to in point D. of this Article.
1. When a mark applied for in one or more Contracting States has been later registered by the International Bureau for the same owner or his successor in title, the international registration shall be deemed to be entering the place of former national entries without prejudice to the rights acquired by those entries.
2. The national authority shall, upon request, record an international registration in its registers.
1. In countries whose laws empower them to do so, the authorities to which the International Bureau notifies the registration of a mark or an application for extension of protection applied within the meaning of Article 3 ter may declare that that mark may not be protected in their territory. However, such a refusal may only be made under conditions which, under the Paris Convention for the Protection of Industrial Property, would apply to the mark applied for.
However, protection cannot be refused only partially because national legislation allows registration only for a limited number of classes or for a limited number of products or services.
2. The authorities wishing to use this authorisation shall notify the International Bureau of their refusal, stating all the reasons therefor, within the time limit laid down by their national law, but not later than one year, of the international registration of the mark or the application for extension of protection submitted within the meaning of Article 3 ter.
3. The International Office shall immediately send the Office of the country of origin and the proprietor of the mark or his representative, if notified to the International Office by the said Office, a copy of the refusal declaration which has been so notified to him. The participant shall have the same means of appeal as if he had applied for the mark himself directly in the country in which the protection is refused.
4. The reasons for refusal of the mark shall be notified by the International Bureau to the participants who so request.
5. Authorities which have not notified the International Bureau of any provisional or final decision to refuse registration or extend protection within the above-mentioned period of not more than 1 year shall cease to be entitled to the mark in paragraph 1 of this Article.
6. The competent authorities may not decide to revoke an international mark without giving the proprietor the opportunity to exercise his rights in good time. Cancellation of the stamp shall be notified to the International Bureau.
Evidence of the right to use certain marks such as characters, shields, portraits, honours, titles, trade or personal names other than the name of the applicant, or other similar inscriptions that the authorities of the Contracting States might require, shall be exempt from any verification or certificate other than that of the Office of the country of origin.
1. Any person who so requests, the International Bureau shall, for a fee determined by the Implementing Regulation, issue a copy of the information entered in the Register of a stamp.
2. The International Bureau may also, in return, conduct a survey of older rights in international stamps.
3. Statements from an international register requested for submission in a Contracting State shall be exempt from any verification.
1. The registration of the mark with the International Office shall take place for a period of 20 years with the possibility of renewal under the conditions laid down in Article 7.
2. Upon expiry of a period of five years from the date of the international registration, such registration shall become independent of the national mark previously registered in the country of origin, subject to the following provisions.
3. Protection resulting from an international registration, whether or not transferred, may not be applied in whole or in part if the national mark previously registered in the country of origin referred to in Article 1 has ceased to enjoy wholly or partly legal protection in that country within five years of the date of the international registration. This will also be the case where such legal protection has been terminated later as a result of an action brought before the expiry of the five-year period.
4. In the event of voluntary or official deletion, the Office of the country of origin shall request the International Bureau to delete the mark and the International Bureau shall carry out that action. In the event of a legal action, the said Office shall, by its own initiative or at the request of the applicant, send a copy of the pleading file or a copy of any other document giving rise to the dispute and of the final judgment; The International Bureau shall record this in the International Register.
1. The registration may be renewed each time for a period of 20 years, calculated from the date of the end of the preceding period, by the mere payment of the basic fee and, where appropriate, the additional and supplementary fees provided for in Article 8 (2).
2. Restoration shall not contain any change against the last state of the previous registration.
3. The first renewal carried out in accordance with the provisions of the Niské version of 15 June 1957 or the present version shall include an indication of the classes of international classification to which the registration relates.
4. Six months before the expiry of the period of protection, the International Bureau shall remind the proprietor of the mark and his representatives by official communication of the exact date on which that period expires.
5. A six-month grace period shall be granted for the renewal of the international registration at the surcharge provided for in the implementing rules.
1. The Office of the country of origin may determine at its discretion and collect for its benefit the national fee required by the proprietor of the mark whose international registration or renewal is requested.
2. The registration of the stamp at the International Office shall be subject to the prior payment of an international fee which shall consist of:
(a) the basic fee;
(b) an additional charge for each additional class of international classification exceeding three classes of goods or services covered by the mark;
(c) the additional charge for each application for extension of the protection referred to in Article 3 ter.
3. However, the additional fee referred to in paragraph 2 (b) may be paid within the time limit laid down in the implementing rules if the International Bureau has determined the number of classes of goods or services or if it has objected to it and without prejudice to the date of registration. If, by the expiry of that period, the additional fee is not paid or the list of goods or services is not limited by the applicant to the appropriate extent, the application for international registration shall be deemed to have been waived.
4. The annual proceeds of the various receipts of the international registration, with the exception of those referred to in (b) and (c), paragraph 2, shall be distributed by the International Bureau equally among the Member States of this text, minus the costs and expenses necessary to implement that text. If, at the time of entry into force of this text, a country has not yet ratified or acceded to it, it shall be entitled, until the date of its ratification or accession, to the distribution of surplus revenue calculated on the basis of the earlier text which applies to it.
(5) The amounts resulting from the additional fees referred to in paragraph 2 (b) shall be allocated, after each year, to the Member States of this text or the Niscan version of 15 June 1957 in proportion to the number of marks for which protection has been applied in each of those countries during the previous year, the number of which shall be determined by a coefficient to be laid down in the implementing rules for the countries carrying out the previous survey. If, at the time of entry into force of this text, a country has not yet ratified or acceded to it, it shall be entitled, until the effective date of its ratification or accession, to the apportioning of the amounts calculated in accordance with the Nice text.
(6) The amounts resulting from the additional charges referred to in paragraph 2 (c) shall be broken down in accordance with the rules referred to in paragraph 5 between the countries which have applied the possibilities referred to in Article 3 bis. If, at the time of entry into force of this text, a country has not yet ratified or acceded to it, it shall be entitled, until the effective date of its ratification or accession, to the apportioning of the amounts calculated in accordance with the Nice text.
The owner of an internationally registered mark may at any time waive protection in one or more Contracting Countries by a declaration which he shall forward to the Office of his country to the International Bureau, which shall notify them to the countries concerned by such surrender. The waiver shall not be subject to any fee.
1. The Office of the country of the proprietor of the mark shall also notify the International Bureau of the revocation, erasure, waiver of protection, transfers and other changes made to the registration of the mark in the national register, where those changes also affect the international registration.
2. The International Bureau shall register these changes, notify them to the authorities of the Contracting States and publish them in its Journal.
3. The same procedure shall apply when the proprietor of an internationally registered mark requests to restrict the list of goods or services covered by this registration.
4. Such acts may be subject to a fee to be determined by the implementing rules.
5. The addition of a new product or service to the list may only be achieved by a new application pursuant to Article 3.
6. Replacement of a product or service by another product or service shall be treated as a connection.
1. Where a mark registered in an international register is transferred to a person established in a Contracting State other than that of the owner of an internationally registered mark, the Office of that country shall notify the transfer to the International Bureau. The International Bureau shall record the transfer, notify the other offices and publish it in its Journal. If the transfer was carried out before the expiry of five years after the international registration, the International Bureau shall request the approval of the new owner's office and, if possible, publish the date and number of the registration of the mark in the new owner's country.
2. The transfer of a mark entered in an international register which is for the benefit of a person who is not entitled to apply for an international mark shall not be registered.
3. If any transfer could not be entered in the international register either as a result of the refusal of the consent of the new owner's country or because it was a person who was not entitled to apply for international registration, the Office of the former owner shall have the right to request the International Office to delete the mark from its register.
1. If the International Bureau is notified of the transfer of an international stamp for only part of the registered goods or services, it shall register them. Each of the Contracting States shall have the possibility of not recognising the validity of such a transfer where the goods or services incorporated in the part so transferred are similar to those for which the mark remains registered for the benefit of the transferor.
2. The International Bureau shall also record the assignment of the international mark for only one or more Contracting States.
3. Where, in previous cases, there is a change in the country of the owner, the competent authority of the new owner shall grant the consent prescribed by Article 9 bis if the international mark has been transferred before the expiry of the five-year period calculated since the international registration.
4. The provisions of the preceding paragraphs shall apply subject to the provisions of Article 6 of the Quater of the Paris Convention for the Protection of Industrial Property.
1. If several countries of the Special Union agree to unite their national laws in the field of stamps, they will be able to notify the Director General:
(a) that the Joint Office shall replace their national authorities; and
(b) the whole of their respective territories must be considered as a single country for the full or partial application of the provisions preceding this Article.
2. This notification shall take effect only six months after the Director-General has communicated it to the other Contracting States.
1. (a) A special Union shall have a assembly consisting of or acceded to the countries which have ratified this text.
(b) The government of each country 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, with the exception of travel and subsistence allowances for one delegate from each Member State to whom the Special Union is responsible.
2. (a) Assembly:
(i) discuss all issues relating to the operation and further development of the Special Union and the implementation of this Agreement;
(ii) give guidance to the International Office for the Preparation of Review Conferences, taking into account the conditions of the Member States of the Special Union which have not ratified or acceded to this text;
(iii) amend the implementing rules and fix the amount of the fees referred to in Article 8 (2) and other benefits relating to international registration;
(iv) review and approve the reports and activities of the Director-General concerning the Special Union and give it all useful guidance on the competences of the Special Union;
(v) establish a programme, approve the three-year budget of the Special Union and approve its final accounts;
(vi) approve the Financial Regulation of the Special Union;
(vii) set up expert committees and working groups which it considers useful for the achievement of the objectives of the Special Union;
(viii) decide which countries not members of the Special Union and which intergovernmental and international NGOs may attend its meetings as observers;
(ix) approve amendments to Articles 10 to 13;
(x) make other appropriate measures aimed at achieving the objectives of the Special Union;
(xi) carry out all other tasks assigned to it by this Agreement.
2. (b) The Assembly shall take account of the recommendations of the Coordination Committee of the Organisation on issues which are also of interest to other Union bodies managed by the Organisation.
3. (a) Each member country of the Assembly shall have one vote.
(b) Half of the members of the Assembly shall form a quorum.
(c) Notwithstanding the provisions of point (b), if the number of countries represented is less than half but at least one third of the Member States of the Assembly, the Assembly may take decisions; However, such decisions of the Assembly, with the exception of those concerning the Rules of Procedure, shall become enforceable only after the conditions set out below have been fulfilled. The International Office shall notify those decisions to the Member States of the Assembly which have not been represented and invite them to express their vote or abstention in writing within three months of the date of such communication. If, on expiry of that period, the number of States which have expressed their vote or abstention in such a way is equal to at least the number of countries absent from the meeting to reach quorum, such decisions shall become enforceable provided that the majority requested at the same time is achieved.
(d) Subject to Article 13 (2), the Assembly shall take its decisions by a two-thirds majority of the votes cast.
(e) Abstention does not count as a voice.
(f) The delegate may represent only one country and may vote only on behalf of that country.
(g) Member States of the Special Union which are not members of the Assembly may attend its meetings as observers.
4. (a) The Assembly shall meet once every three years at a proper meeting at the meeting of the Director-General and, 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 to be convened by the Director-General at the request of one quarter of the members of the Assembly.
(c) The Director-General shall draw up the agenda for each meeting.
5. The Assembly shall approve its Rules of Procedure.
1. (a) The tasks associated with international registration as well as other administrative tasks involving the Special Union shall be carried out by the International Bureau.
(b) In particular, the International Bureau shall prepare meetings and carry out the tasks of the Secretariat of the Assembly and of the Committee of Experts and Working Groups which the Assembly 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 member of staff appointed by him shall participate, without the right to vote, in all meetings of the Assembly and of the Committee of Experts and Working Groups which the Assembly may establish. The Director-General or a member of staff designated by him shall be the Secretary-General of these institutions on his official responsibility.
3. (a) The International Bureau shall prepare, in accordance with the instructions of the Assembly, a review conference on provisions other than Articles 10 to 13 of the Agreement.
(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 attend meetings without the right to vote at these conferences.
4. The International Bureau shall perform all other tasks assigned to it.
1. (a) The Special Union shall have its budget.
(b) The budget of the Special Union shall include 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 is not attributed exclusively to the Special Union but also to one or more other Union managed by the Organisation shall be regarded as expenditure shared by the Union. The share of the 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) the fees and charges for international registration and the benefits and amounts for other services provided by the International Bureau under the heading of the Special Union;
(ii) the proceeds of the sale of publications of the International Bureau concerning the Special Union and the fees for such publications;
(iii) donations, references and subsidies;
(iv) rent, interest and other miscellaneous income.
4. (a) The amounts of the fees referred to in Article 8 (2) and other international registration benefits shall be determined by the Assembly on a proposal from the Director-General.
(b) The amount shall be determined in such a way that the revenue of the Special Union from fees, in addition to the additional and additional charges referred to in Article 8 (2), (b) and (c) from levies and other resources, shall at least enable the expenditure incurred by the International Office in connection with the Special Union to be reimbursed.
(c) In the event that the budget is not approved before the start of the new financial year, the budget from last year will be transferred in the manner laid down in the Financial Regulation.
(a) the amount of the benefits and amounts for other services provided by the International Office 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 country of the Special Union. If the Fund becomes inadequate, the Assembly shall decide to increase it.
(b) The amount of each country's initial payment to or participation in the increase of that fund shall be proportionate to the contribution of that country as a member of the Paris Union for the protection of industrial property to the budget of that Union in force in the year during which the Fund is established or a decision to increase it is taken.
(c) The amount and method of payment shall be determined by the Assembly on a proposal from the Director-General after having heard the opinion of the Coordination Committee of the Organisation.
(d) Where the Assembly permits the use of the Special Union Reserve as an operator of the Capital Fund, the Assembly may revoke the application of the provisions of points (a), (b) and (c).
7. (a) The Agreement on the seat of the Organisation concluded with the country in whose territory the Organisation has its registered office provides that the Organisation provides for advances in cases 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 such a country and the Organisation.
(b) The countries 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 ensured in the manner laid down in the Financial Regulation by one or more countries of the Special Union or by external auditors established by the Assembly with their agreement.
1. Proposals for amendments to Articles 10, 11, 12 and this Article may be submitted by each Member State of the Assembly or by the Director-General. 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 amendments 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 amendments to Article 10 and this paragraph shall require four fifths of the votes cast.
3. Amendments to the Articles referred to in paragraph 1 shall enter into force one month after receipt by the Director-General of written notifications of their acceptance, made in accordance with the relevant constitutional rules, from three-quarters of the countries which were members of the Assembly at the time the amendment was approved. The amendments to those articles thus adopted shall weigh all the countries which are members of the Assembly at the time the amendment enters into force or which become members of the Assembly at a later date.
1. Any country of the Special Union which has signed this text may ratify it and, failing that, may accede to it.
2. (a) Any country which is not a member of the Special Union, but which is a member of the Paris Convention for the Protection of Industrial Property, may accede to this text and thus become a member of the Special Union.
(b) As soon as the International Bureau is informed that such a country has acceded to this text, it shall send the Office of that country, pursuant to Article 3, a summary notice of the marks which enjoy international protection at that time.
(c) This notification shall provide the marks referred to therein with the advantages of the previous provisions in the territory of the country concerned and shall start to run from that notification the one-year period within which the Office concerned may make the declaration referred to in Article 5.
(d) However, any such country may declare, when accessing this text, that, with the exception of international marks which have previously been the subject of an identical and still valid national registration in that country and which are immediately recognised at the request of the participants, the use of that text shall be limited to the marks to be registered as from the date on which that approach takes effect.
(e) This declaration shall exempt the International Office from the obligation to send the abovementioned summary notice. It shall only be limited to the notification of those marks for which the application submitted for the exemption referred to in point (d) with the necessary details within 1 year of the accession of the new country.
(f) The International Bureau shall not send a summary notification to those countries which declare, when accessing that text, that they use the authorisation referred to in Article 3 bis. In addition, these countries may at the same time declare that the use of this text is limited to the marks registered from the date on which the access of those countries takes effect; However, this restriction shall not apply to international marks which have previously been the subject of the same national registration in those countries and which may be the basis for applications for the extension of protection submitted and notified under Articles 3 ter and 8 (2), (c).
(g) The registration of marks which have been the subject of a notification under this paragraph shall be deemed to take place at the place of the entries made directly in the new Contracting State before the effective date of its access.
3. The instruments of ratification and accession shall be deposited with the Director-General.
4. (a) For the first five countries which deposit their instruments of ratification or accession, this text shall enter into force three months after the deposit of the fifth such instrument.
(b) For each other country, this text shall enter into force three months after the date on which the Director-General notifies its ratification or accession, but a later date would be indicated in the instrument of ratification or accession. In that case, this text shall enter into force for that country on the date stated therein.
5. Ratification or access shall automatically mean the adoption of all provisions and the granting of all benefits as amended.
6. Following the entry into force of this text, the country may accede to the Nicsky version of 15 June 1957 only together with the ratification or accession of this text. The accession to, or accession to, the texts preceded by the Nimsky text shall not be allowed.
7. Article 24 of the Paris Convention for the Protection of Industrial Property shall apply to this Agreement.
This Agreement shall remain in force for an unlimited period.
2. Each country may terminate this text by notifying the Director-General. This statement also implies the termination of all earlier texts and concerns only the country which submitted it, the Agreement remaining valid and enforceable as regards the other countries of the Special Union.
3. The denunciation shall take effect one year after the date on which the Director-General received the notification.
4. No country may exercise the right of denunciation contained in this Article until five years have elapsed since it became a member of the Special Union.
5. International marks registered before the date on which the denunciation takes effect and which have not been rejected during the year referred to in Article 5 shall continue to enjoy the same protection throughout international protection as if they had been registered directly in that country.
1. (a) This text shall replace, in all relations between the Member States of the Special Union on whose behalf it has been ratified or acceded to, the Madrid Agreement of 1891 in the previous versions.
(b) However, any country of the Special Union which has ratified or acceded to this text shall remain bound by earlier texts which have not previously been published in accordance with Article 12 (4) of the Nicas version of 15 June 1957 in relations between those countries which have not ratified or acceded to it.
2. Countries which have not yet been Member States of the Special Union, but which will become parties to this text, shall apply them to international entries made at the International Office through the national office of each country of the Special Union which is not party to this text, provided that they comply with the conditions prescribed in that text as regards those countries. In the case of international registrations carried out at the International Office through the national authorities of a country which has not yet been a Member State of the Special Union, but which will become parties to this text, the above country shall accept that the conditions prescribed by the last text to which it is party are fulfilled.
1. (a) This text shall be signed in a single copy in French and deposited with the Swedish Government.
(b) The Director-General shall, after consulting the governments concerned, draw up official texts in other languages which may be specified by the Assembly.
2. This text shall remain open for signature in Stockholm by 13 January 1968.
3. The Director-General shall transmit two copies of the signed text, certified by the Swedish Government, the governments of all the countries of the Special Union and at the request of the Government of any other country.
4. The Director-General shall register this text with the United Nations Secretariat.
5. The Director-General shall notify to the governments of all countries of the Special Union the signatures, the deposit of instruments of ratification or accession and the declarations contained in such instruments, the entry into force of the provisions of this text, the notice of termination and the notifications made pursuant to Article 3 bis, 9 quater, 13, 14, 7) and 15, 2).
1. Until the first Director-General takes up his office, references to the International Office of the Organisation or to the Director-General shall be understood as references to the Union Office established by the Paris Convention for the Protection of Industrial Property or its Director.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 65 / 1975 Coll., on the Madrid Agreement on the International Registration of Factory or Trade Marks of 14 April 1891, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934, in Nice on 15 June 1957 and in Stockholm on 14 July 1967 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.1975 |
|---|---|
| Effective from | 29.12.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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