Decree of the Minister for Foreign Affairs No. 67 / 1975 Coll.
Decree of the Minister for Foreign Affairs on the Lisbon Agreement for the protection of designations of origin and their international registration of 31 October 1958, revised in Stockholm on 14 July 1967
Valid
Effective from 31.10.1973
67
DECLARATION
Minister for Foreign Affairs
of 13 January 1975
on the Lisbon Agreement for the protection of designations of origin and their international registration of 31 October 1958, as revised in Stockholm on 14 July 1967
On 14 July 1967 a new revision of the Lisbon Agreement for the protection of designations of origin and their international registration of 31 October 1958 was negotiated in Stockholm.
The President of the Republic ratified the Lisbon Agreement on the protection of designations of origin and their international registration of 31 October 1958, 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 31 October 1973 on the basis of Article 14 (5a) thereof. It entered into force on the same day for the Czechoslovak Socialist Republic.
The Czech translation of the Agreement is announced simultaneously.
Minister:
Ing. Chupek v. r.
LISBON AGREEMENT
for the protection of designations of origin and their international registration of 31 October 1958, revised at Stockholm on 14 July 1967
1. The countries concerned by this Agreement shall form a Special Union within the Union for the Protection of Industrial Property.
2. They undertake, under the terms of this Agreement, to protect in their territories the designations of origin of products of other countries of the Special Union which are recognised and protected by this title in the country of origin and registered with the International Intellectual Property Office ("the International Office 'or" the Office'), which is covered by the Convention establishing the World Intellectual Property Organisation ("the Organisation ').
1. Within the meaning of this Agreement, the term "designation of origin 'shall mean the geographical name of the country, zone or place of designation from which the product, the quality or characteristics of which are exclusively or substantially geographical, numbers natural factors and human factors.
2. The country of origin shall be that country whose name or the name of its country or place of origin constitutes a designation of origin which has given the product its general acquaintance.
Protection shall be ensured against any addition or imitation, even if the true origin of the product is indicated or if the designation is used in translation or accompanied by expressions such as "type," "type," "method," "imitation" or below.
The provisions of this Agreement shall in no way exclude the protection already in force for designations of origin granted in each country of this Special Union under other international arrangements such as the Paris Convention of 20 March 1883 on the Protection of Industrial Property and its subsequent Revisions and the Madrid Agreement of 14 April 1891 on the suppression of false or misleading designations of origin and subsequent revisions thereof, or on the basis of national legislation or legal sciences.
1. The designation of origin shall be registered with the International Office, at the request of the authorities of the Special Union countries, in the name of persons, whether natural or legal, public or private, entitled to use those designations under their national legislation.
2. The International Bureau shall notify the entries to the offices of the Member States of the Special Union without delay and publish them in the periodically published journal.
3. The authorities of the countries may declare, on the grounds that they cannot ensure the protection of a designation of origin, the registration of which shall be notified to them if their declaration is received by the International Bureau within one year of the date of receipt of the notification of registration. Such a declaration may not harm other forms of protection in the country concerned of a mark to which the authorised applicant could claim within the meaning of the provisions of Article 4 above.
4. After the expiry of the period of one year referred to in the previous paragraph, the authorities of the Union countries may not object to such a declaration.
5. The International Bureau shall inform the Office of the country of origin, within the shortest time, of the declarations submitted by the Office of another country within the meaning of paragraph 3. An applicant who is informed by his national office of a declaration from another country may submit in that other country any legal or administrative objection to which members of that country have the right.
6. Where, in a country, protection is granted on the basis of a notification of its international registration and a third party uses it in that country from before that notification, the competent authority of that country shall be able to allow that third party a period of no more than two years to terminate such use, provided that it informs the International Office within three months of the expiry of the annual period laid down in paragraph 3 above.
Markings made available in a country A special Union protection under the procedure referred to in Article 5 shall not be considered as a generic designation if it is protected in the country of origin as a designation of origin.
1. The registration, carried out at the International Office in accordance with Article 5, shall ensure protection for the entire period referred to in the previous Article without the need for its renewal.
2. A single fee shall be paid for each registration of the designation of origin.
The procedures necessary to ensure the protection of designations of origin will be carried out in each country of the Special Union under national legislation
1. on a proposal from the competent authority or at the request of the prosecution;
2. any natural or legal, public or private person involved.
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) Assembly:
(i) discuss all issues relating to the operation and 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 countries of the Special Union which have not ratified or acceded to this text;
(iii) amend the implementing rules and the amount of the fee referred to in Article 7 (2) and other charges relating to international registration;
(iv) 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 matters of competence 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 which are not members of the Special Union and which intergovernmental and international NGOs may be admitted to its meetings as observers;
(ix) approve amendments to Articles 9 to 12;
(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.
(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 those relating to 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, 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 absent from the meeting to reach quorum, these decisions shall become enforceable provided that the majority requested at the same time is achieved.
(d) Subject to the provisions of Article 12 (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 behalf of that country.
(g) Countries 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) The International Registration and associated tasks 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, the committees of experts and working parties which may be set up by the Assembly.
(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, of the Committees of Experts and of the 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 those contained in Articles 9 to 12.
(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 fees for international registration levied pursuant to Article 7 (2) and the fees and charges for other services provided by the International Bureau by the Special Union;
(ii) the proceeds of the sale of publications of the International Bureau concerning the Special Union and the benefits for such publications;
(iii) donations, references and subsidies;
(iv) rent, interest and other miscellaneous income;
(v) contributions from the countries of the Special Union if the revenue accruing from the resources referred to in points (i) to (iv) is insufficient to cover the expenditure of the Special Union.
4. (a) The fee referred to in Article 7 (2) shall be fixed by the Assembly on a proposal from the Director-General.
(b) The amount of this fee shall be fixed in such a way that the revenue of the Special Union is normally sufficient to cover the expenses incurred by the International Bureau in carrying out the service of international registrations, without any payment of the contributions referred to in paragraph 3 above, (v).
5. (a) In order to determine the proportion of contributions within the meaning of paragraph 3, (v), each country of the Special Union shall belong to the class 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 in that Union for that class.
(b) The annual contribution of each country of the Special Union shall consist of an amount which, in proportion to the total amount of the annual contributions of all countries to the budget of the Special Union in which the number of units of the class to which that country is classified is equal to the total number of units of all countries.
(c) The date of payment of the contribution shall be determined by the Assembly.
(d) A country which is late in paying its contributions may not exercise its right to vote in any of the institutions of the Special Union if its amount due is equal to or exceeds the contributions due for the full two years in question. However, that country may be entitled to exercise its voting right in that institution for as long as that authority considers that the delay has taken place in 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.
(a) determine the amount of fees and charges for other services provided by the International Bureau under the Special Union by the Director-General who shall report to the Assembly.
7. (a) The Special Union shall have an operational capital fund which shall be created by a one-off payment made by each Member State 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 annual contribution of that country as a member of the Paris Union for the protection of industrial property in the budget of that Union for the year during which the Fund is created or decided to increase it.
(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.
8. (a) The head office contract concluded with the country in whose territory the Organisation has its registered office provides that it provides advances where the operational capital fund is insufficient. The amount of such advances and the conditions under which they are granted shall be the subject of separate agreements, in each individual case between that 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.
9. The revision of the accounts shall be provided by one or more Member States in the manner laid down in the Financial Regulations of the Special Union or by external auditors designated by the Assembly with their agreement.
1. Proposals for amendments to Articles 9, 10, 11 and this Article may be submitted by any 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 9 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 provisions, from three-quarters of the countries which are members of the Assembly at the time when 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; However, any changes which increase the financial commitments of the countries of the Special Union shall only bind those countries which have notified the adoption of such amendments.
The detailed rules of application of this Agreement shall be laid down.
2. This Agreement may be revised at conferences of delegates of the countries of the Special Union.
1. A Member State of the Special Union which has signed this text may ratify and, failing that, 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 this Special Union.
(b) The notification of accession shall in itself ensure that, in the territory of the acceding country, the above provisions apply to those designations of origin which, at the time of accession, were the subject of an international registration.
(c) However, when acceding to this Agreement, the country may, within a period of one year, notify those designations of origin already registered with the International Office for which it shall apply the provisions of Article 5 (3).
3. The instruments of ratification and accession shall be deposited with the Director-General.
4. Article 24 of the Paris Convention for the Protection of Industrial Property shall apply to this Agreement.
5. (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 has notified 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 stated therein.
6. Ratification or access automatically implies the adoption of all provisions and the granting of all benefits provided for in this text.
7. Following the entry into force of this text, the country may accede to the text of this Agreement of 31 October 1958 only together with the ratification or accession of this text.
1. This Agreement shall remain in force as long as at least five countries are members thereof.
2. Each country may terminate this text by notifying the Director-General. This statement also implies the termination of the text of this Agreement of 31 October 1958 and concerns only the country which submitted it, the Agreement remaining valid and enforceable for 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.
1. (a) This text shall replace the text of 31 October 1958 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 31 October 1958 in its relations with the Member States of the Special Union which has not ratified or acceded to that text.
2. Countries which have not yet been Member States of the Special Union and become parties to this text shall apply it to the international registration of designations of origin made before the International Office at the request of the national authorities of the Member States of the Special Union which are not parties to this text, provided that such entries comply with the conditions prescribed in this text as regards those designated countries. For international entries made at the International Office at the request of a national authority from those countries which have not yet been members of the Special Union and become parties to this text, those countries shall allow the above countries to require compliance with the conditions laid down in the text of 31 October 1958.
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 Convention remains open for signature in Stockolm by 13 January 1968.
3. The Director-General shall forward two copies of the signed text to the governments of all Member States of the Special Union and, at the request of the Government of any other country, certified by the Swedish Government.
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 signing, deposit of instruments of ratification or accession, entry into force of all provisions of this Agreement, denunciations and declarations made pursuant to Articles 14, 2, c and 4.
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.
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 conferred on them under Article 9 to 12 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 date of its adoption. These countries shall be considered members of the Assembly until the expiry of that period.
In order to prove the signature below, having proper power of attorney, they signed this text of the Agreement.
Done at Stockholm, 14 July 1967.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 67 / 1975 Coll., on the Lisbon Agreement for the Protection of Designations of Origin and on their International Registration of 31 October 1958, revised in Stockholm on 14 July 1967 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.1975 |
|---|---|
| Effective from | 31.10.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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