Decree of the Minister for Foreign Affairs No. 66 / 1975 Coll.
Decree of the Minister for Foreign Affairs on the Niska 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
Valid
Effective from 29.12.1970
66
DECLARATION
Minister for Foreign Affairs
of 13 January 1975
on the Niska 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
On 14 July 1967, a new revision of the Nice Agreement on the International Classification of Products and Services for the Registration of Marks of 15 June 1957 was negotiated in Stockholm.
The President of the Republic of Nicova ratified the Agreement on the International Classification of Goods and Services for the purpose of registration of stamps of 15 June 1957, as agreed in Stockholm on 14 July 1967, and the instrument of access of the CSSR was deposited with the Director-General of the World Intellectual Property Organisation on 22 September 1970.
The Agreement entered into force on the basis of Article 9 thereof, on 12 November 1969. 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.
NICAN AGREEMENT
on the international classification of goods and services for the purposes of the registration of stamps
of 15 June 1957
revised in Stockholm on 14 July 1967
1. Countries bound by this Agreement shall form a Special Union.
2. For the purposes of the registration of stamps, they have adopted a uniform classification of goods and services.
3. This classification shall remain:
(a) from the list of classes;
(b) an alphabetical list of the goods and services to which they are classified.
4. The lists issued in 1935 by the International Industrial Property Protection Office shall be used as a list of classes and alphabetical lists of products.
5. The list of classes and the alphabetical list of goods and services may be amended and supplemented by the Committee of Experts set up by Article 3 of this Agreement and in accordance with the procedure laid down in this Article.
6. The classification shall be made out in French and, at the request of any Contracting Party, the International Intellectual Property Office (hereinafter referred to as "the International Office '), as set out in the Convention establishing the World Intellectual Property Organisation (hereinafter referred to as" the Organisation'), may issue an official translation in its language in agreement with the National Office concerned. In the translation of the list of goods and services for each product or service, the serial number indicated in the relevant language in the list drawn up in the French language shall also appear outside the alphabetical order serial number.
1. Subject to the obligations imposed by this Agreement, the scope of international classification shall be as accorded to it by each Contracting country. In particular, the international classification does not oblige the contracting States, neither as regards the assessment of the scope of the mark protection nor as regards the recognition of service marks.
2. Each Contracting country reserves the possibility to use the international classification of goods and services either as a main or ancillary system.
3. The authorities of the Contracting States shall indicate in the names and official publications the registration numbers of the international classification classes to which the goods or services for which the mark is registered.
4. The fact that a name is given in the alphabetical list of goods and services does not affect the rights which may exist to that name.
1. A Committee of Experts is set up at the International Bureau to decide on any changes and additions to the international classification of goods and services. Each Contracting country shall be represented in the Committee of Experts, which shall be governed by rules of procedure approved by a majority of the countries represented. The International Bureau shall be represented in the Committee.
2. Proposals for amendments or additions shall be sent by the authorities of the Contracting States to the International Bureau, which shall transmit them to the members of the Committee of Experts no later than two months before its meeting at which these proposals shall be discussed.
3. The decisions of the Committee on Change in Classification shall be taken unanimously by the Contracting States. A change shall mean the transfer of products from one class to another or the establishment of a new class which causes such movement.
4. Decisions of the Committee on Classification Appendices shall be adopted by a simple majority of the Contracting States.
5. Experts may give their opinion in writing or authorise experts from other countries to do so.
6. Where a country does not designate an expert to represent it and where the designated expert does not give his opinion within the time limit laid down in the Rules of Procedure, that country shall be treated as if it had taken a decision of the Committee.
1. Any amendments or additions decided upon by the Committee of Experts shall be notified by the International Bureau to the authorities of the Contracting States. The decision shall enter into force as regards the supplements, by taking over the notification and, as regards the amendments, within six months of the date on which the notification was sent.
2. The International Bureau, as a depository of the classification of goods and services, includes changes and additions that have entered into force. These amendments and additions are published in both periodical journals "Industrial ownership" and "International stamps" ("La Propriété industrielle" et "Les marques internationales").
1. (a) The 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.
2. (a) Subject to the provisions of Articles 3 and 4 of the 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 Bureau for the preparation of review conferences, taking into account the observations made by the Member 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 (hereinafter referred to as the Director-General) concerning the Special Union and give it all useful guidance on the competences of the Special Union;
(iv) establish a programme, approve the three-year budget of the Special Union and approve its final accounts;
(v) approve the Financial Regulation of the Special Union;
(vi) establish, outside the Committee of Experts referred to in Article 3, other committees of experts and working parties which it considers useful for the achievement of the objectives of the Special Union;
(vii) decide which countries which are not members of the Special Union and which intergovernmental and international NGOs may be admitted to its meetings as observers;
(viii) approve amendments to Articles 5 to 8;
(ix) make other appropriate measures aimed at achieving the objectives of the Special Union;
(x) carry out all 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 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, decisions of the Assembly, with the exception of decisions on the Rules of Procedure, shall become enforceable only after the conditions set out below have been fulfilled, and shall invite them to express their vote or abstention in writing within three months of the date of such communication. If, after the expiry of that period, the number of States which have expressed their vote or abstention in this way is equal to at least the number of countries missing to reach the quorum at the meeting, 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) The delegate may represent only one country and may vote only on its 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 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) Administrative tasks A special union is provided by the International Bureau.
(b) In particular, the International Bureau shall prepare meetings and carry out the tasks of the secretariat of the Assembly, the Committee of Experts and any other committees of experts and working groups which may be set up by the Assembly or the Committee of Experts.
(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, the Committee of Experts and all other committees of experts and working parties which may be set up by the Assembly or the Committee of Experts. 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 the provisions of the Agreement other than those contained in 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 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 which is also attributed to one or more other Union-run bodies shall be regarded as expenditure common to the Union. The share of the Special Union in these common expenditure shall be proportionate to the interest that the Special Union has in them.
(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 contributions of the Member States to a special Union;
(ii) fees and service charges provided by the International Bureau under the Special Union;
(iii) the proceeds of the sale of publications of the International Bureau concerning the Special Union and the benefits for such publications;
(iv) donations, references and subsidies;
(v) rent, interest and other miscellaneous income.
4. (a) In order to determine the contributions referred to in paragraph 3, (i), each country 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 country of the Special Union shall consist of an amount whose relationship to the total amount of the annual contributions of all countries to the budget of the Special Union is the same as the relationship between the number of units of the class to which it is classified and the total number of units of all countries.
(c) The contributions shall be due on the first January of each year.
(d) A country 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 country for the two preceding full years. However, any institution of the Special Union may allow such a country to continue to exercise its voting right 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 to each Member 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 country to that Fund or its participation in the increase of that Fund shall be proportionate to the annual contribution of that country in force in the year during 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 country in whose territory the Organisation has its registered office provides that it provides for 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 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 carried out in the manner laid down in the Financial Regulation by one or more Member States of the Special Union or by external auditors established by the Assembly with their agreement.
1. Proposals for amendments to Articles 5, 6, 7 and this Article may be submitted by the Assembly by any Member State 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 5 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 adoption made in accordance with the relevant constitutional rules, from three-quarters of the countries which are members of the Assembly at the time the amendment was approved. Any amendment to those articles thus adopted shall bind 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; However, any change resulting in an increase in the financial obligations of the Member States of the Special Union shall only bind those countries which have notified the adoption of such a change.
1. A Member State of the Special Union which has signed this text may ratify it and, if it has not, accede to it.
2. Any country which is not a member of the Special Union but is a member of the Paris Convention for the Protection of Industrial Property may accede to this text and thus become a member of this Special Union.
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, unless a later date is indicated in the instrument of ratification or accession. In that case, this text shall enter into force for that country on the date indicated therein.
5. Ratification or access automatically implies the adoption of all provisions and the granting of all benefits resulting from this Agreement.
6. Following the entry into force of this text, the country may accede to the text of 15 June 1957 of this Agreement only together with the ratification or accession of this text.
This Agreement shall have the same scope and duration as the Paris Convention for the Protection of Industrial Property.
This Agreement shall be subject to revisions in order to introduce the necessary amendments.
2. Each of these revisions will be discussed at the Special Union Delegates' Conference.
1. (a) This text shall replace the text of 15 June 1957 in the relations between the Member States of the Special Union which ratified or acceded to it.
(b) However, any Member State of the Special Union which has ratified or acceded to this text shall be bound by the text of 15 June 1957 in its relations with the Member States of the Special Union which has not ratified or acceded to this text.
2. Countries which have not yet been Member States of the Special Union and become parties to this text shall apply them to each Member State of that Union which is not party to this text. That country agrees that this Member State of the Union should apply the provisions of the text of 15 June 1957 in its relations with them.
1. Each country may terminate this text by notifying the Director-General. This statement shall also include the termination of the text of 15 June 1957 of this Agreement and shall be effective only for the country which submitted it, the Agreement being valid and enforceable against the other countries.
2. The denunciation shall take effect one year after the date on which the Director-General received the notification.
3. 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.
Article 24 of the Paris Convention for the Protection of Industrial Property applies to this Agreement.
1. (a) This text is signed in a single specimen in French and deposited with the Swedish Government.
(b) The Director-General shall draw up official texts after consulting the governments concerned in other languages which the Assembly may designate.
2. This text of the Agreement 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 Member States 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 the governments of all Member States of the signature, deposit of instruments of ratification or accession, entry into force of the provisions of this Agreement and notice of termination.
1. Until such time as 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.
2. Member States of the Special Union which have not ratified or acceded to this text may, for a period of five years from the date of entry into force of the Convention establishing the Organisation, exercise, if they so wish, the rights provided for in Article 5 to 8 of this text as if they were bound by these provisions. A country wishing to exercise these rights shall, to that end, deposit with the Director-General a written notification which shall become effective on the day of its adoption. These countries shall be considered members of the Assembly until the expiry of that period.
They have signed this text of the Agreement to show the signature below, having proper power of attorney.
Done at Stockholm, 14 July 1967.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 66 / 1975 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 |
|---|---|
| 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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