Decree of the Minister for Foreign Affairs No. 69 / 1975 Coll.
Decree of the Minister for Foreign Affairs on the Convention establishing the World Intellectual Property Organisation, signed at Stockholm on 14 July 1967
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69
DECLARATION
Minister for Foreign Affairs
of 13 January 1975
on the Convention establishing the World Intellectual Property Organisation, signed at Stockholm on 14 July 1967
The Convention establishing the World Intellectual Property Organisation was negotiated in Stockholm on 14 July 1967.
The President of the Republic ratified the Convention and the Act on access to CSSR was deposited with the Director-General of the World Intellectual Property Organisation on 22 September 1970.
The Convention entered into force on the basis of Article 15 thereof, 1 April 1970. It entered into force for the Czechoslovak Socialist Republic on 22 December 1970.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
establishing the World Intellectual Property Organisation, signed at Stockholm on 14 July 1967
Contracting Parties
intended to contribute to better understanding and cooperation between States for their mutual benefit and on the basis of respect for their sovereignty and equality,
Desiring to encourage creative activity by promoting intellectual property protection worldwide,
Desiring to modernise and improve the governance of the Union established in the field of the protection of industrial property and the protection of literary and artistic works, while fully respecting the autonomy of each Union,
they have agreed as follows:
Establishment of an organisation
This Convention establishes the World Intellectual Property Organisation.
Terms
This Convention shall mean:
(i) "Organisation" means the World Intellectual Property Organisation;
(ii) "International Office" means the International Intellectual Property Office;
(iii) "Paris Convention" means the Convention for the Protection of Industrial Property, signed on 20 March 1883, including all its revised versions;
(iv) "Berne Convention" means the Convention for the Protection of Literary and Artistic Works, signed on 9 September 1886, including all its revised texts;
(v) "Union of Paris" means the International Union established by the Paris Convention;
(vi) "Union of Berne" means the International Union established by the Berne Convention;
(vii) "Union" means the Union of Paris, the Special Union and the specific agreements established in connection with that Union, the Union of Berne, as well as any international commitments aimed at promoting the protection of intellectual property managed by the Organisation pursuant to Article 4 (iii);
(viii) "intellectual property" of the law
- literary, artistic and scientific works,
- performance of performers, phonograms and radio broadcasting,
- inventions from all areas of human activity,
- scientific discoveries,
- industrial designs and models,
- industrial, commercial, service and trade names,
- to protect against unfair competition
and all other rights relating to intellectual activities in the fields of industrial, scientific, literary and artistic.
Organisation objective
The aim of the Organisation shall be to:
(i) to promote the protection of intellectual property throughout the world by cooperating between States in an effective cooperation with other international organisations;
(ii) ensure administrative cooperation between the Union.
Tasks
In order to achieve the objective referred to in Article 3, the Organisation shall, through its competent authorities and subject to the competence of each Union:
(i) encourage the adoption of measures designed to improve the protection of intellectual property worldwide and to harmonise national legislation in this area;
(ii) provide administrative services for the Paris Union, a special Union established in connection with that Union and the Union of Berne;
(iii) may take over or participate in an international commitment to promote the protection of intellectual property;
(iv) encourage the conclusion of international commitments aimed at promoting the protection of intellectual property;
(v) offer its cooperation to States requesting legal technical assistance in the field of intellectual property;
(vi) collect and disseminate information on the protection of intellectual property, carry out and support studies in this field and publish their results;
(vii) provide services facilitating the international protection of intellectual property and, where necessary, carry out relevant entries and publish data relating to such entries;
(viii) implement all other appropriate measures.
Composition
1. Any State which is a member of a Union referred to in Article 2 (vii) may become a member of the Organisation.
2. A non-Union member may also become a member of the Organisation, provided that:
(i) is a member of the United Nations, of certain professional organisations associated with the United Nations or the International Atomic Energy Agency, or is a member of the Statute of the International Court of Justice; or
(ii) has been invited by the General Assembly to participate in this Convention.
General Assembly
1.
(a) A General Assembly composed of States participating in this Convention shall be established, which shall be members of at least one Union.
(b) The government of each Member State shall be represented by a delegate who may be accompanied by representatives, advisers and experts.
(c) The expenditure of each delegation shall be borne by the government which appointed it.
2. General Assembly
(i) appoint the Director-General on a proposal from the Coordination Committee;
(ii) discuss and approve the reports of the Director-General concerning the Organisation and give him all necessary instructions;
(iii) discuss and approve the reports and activities of the Coordination Committee and give instructions;
(iv) approve the three-year budget of common expenditure by the Union;
(v) approve the measures proposed by the Director-General concerning the implementation of the international commitments referred to in Article 4 (iii);
(vi) approve the Financial Regulation of the Organisation;
(vii) identify the working languages of the Secretariat, taking into account the practice of the United Nations;
(viii) invites the States referred to in Article 5 (2) (ii) to join this Convention;
(ix) decide which non-Member States of the Organisation and which intergovernmental and international NGOs may have access to its meetings as observers;
(x) carry out other necessary tasks under this Convention.
3.
(a) Each State, whether it is a member of one or more Union, shall have one vote in the General Assembly.
(b) Half of the Member States of the General Assembly shall form a quorum.
(c) Without prejudice to paragraph (b), where the number of States represented at a meeting is less than half of the Member States of the General Assembly but is greater than or equal to a third of the General Assembly, the General Assembly may be quorum; However, its decisions, with the exception of those relating to its own procedural issues, shall become effective only if the following conditions are met. The International Bureau shall communicate such decisions to the Member States of the General Assembly which have not been represented and shall invite them to express their vote or abstention in writing within three months of that communication. If, at the time of expiry of that period, the number of States which have expressed their vote or abstention in such a way is at least equal to the number of States which were absent from the meeting to reach the quorum, those decisions shall become enforceable provided that the necessary majority is also achieved.
(d) Subject to points (e) and (f), the General Assembly shall take its decision by a majority of two thirds of the votes cast.
(e) The approval of measures relating to the management of international commitments referred to in Article 4 (iii) shall require a majority of three quarters of the votes cast.
(f) The approval of the Agreement with the United Nations in accordance with the provisions of Articles 57 and 63 of the Charter of the United Nations requires a majority of nine-tenths of the votes cast.
(g) Appointment of the Director-General (paragraph 2 (i)), approval of the measures proposed by the Director-General on the management of international commitments (paragraph 2 (v)) and change of seat (Article 10) require the necessary majority not only in the General Assembly but also in the Assembly of the Paris Union and the Assembly of the Berne Union.
(h) Absence shall not be considered a vote.
(i) One delegate may represent only one State and only vote on its behalf.
4.
(a) The General Assembly shall meet once every three years at a regular meeting convened by the Director-General.
(b) The General Assembly shall meet at an extraordinary meeting convened by the Director-General at the request of the Coordination Committee or at the request of a quarter of the Member States of the General Assembly.
(c) Meetings shall be held at the headquarters of the Organisation.
5. States participating in this Convention which are not members of any Union shall have access to the General Assembly meetings as observers.
6. The General Assembly shall act in its Rules of Procedure.
Conference
1.
(a) A Conference is hereby established consisting of States participating in this Convention, whether or not they are members of a Union.
(b) The Government of each State shall be represented by a delegate who may be accompanied by representatives, advisers and experts.
(c) The expenditure of each delegation shall be borne by the government which appointed it.
2.
(i) discuss issues of general interest in the field of intellectual property and may make recommendations on such issues, while respecting the Union's competence and autonomy;
(ii) approve the Conference's three-year budget;
(iii) draw up within the limits of this budget a three-year programme of legal technical assistance;
(iv) approve amendments to this Convention in accordance with the procedure laid down in Article 17;
(v) decide which non-Member States of the Organisation and which intergovernmental and international NGOs may have access to its meetings as observers;
(vi) carry out other necessary tasks under this Convention.
3.
(a) Each Member State shall have one vote in the Conference.
(b) A third of the Member States shall form a quorum.
(c) Subject to the provisions of Article 17, the Conference shall take its decisions by a majority of two thirds of the votes cast.
(d) The contributions of States participating in this Convention which are not members of any Union shall be determined by a vote which only delegates of those States have the right to participate.
(e) Abstention shall not be considered a vote.
f) One delegate may represent only one state and only vote on its behalf.
4.
(a) The Conference shall meet at a meeting convened by the Director-General at the same time and place as the General Assembly.
(b) The Conference shall meet at an extraordinary meeting convened by the Director-General at the request of most Member States.
5. The Conference shall act on its Rules of Procedure.
Coordination Committee
1.
(a) A Coordination Committee, consisting of States participating in this Convention, which are members of the Executive Committee of the Paris Union and of the Executive Committee of the Berne Union, or both, is hereby established. However, if one of these executive committees consists of more than one quarter of the Member States of the Assembly which have elected it, the Executive Committee shall designate, from among its members, those States which will be members of the Coordination Committee, so as not to exceed that quarter, the country in whose territory the organisation has its registered office shall not be counted against that quarter.
(b) The Government of each Member State of the Coordination Committee shall be represented by a delegate who may be accompanied by representatives, advisers and experts.
(c) If the Coordination Committee is discussing either questions directly relating to the agenda or budget of the Conference and its agenda or proposals for amendments to this Convention which could affect the rights or obligations of States participating in this Convention which are not members of any Union, a quarter of those States shall attend meetings of the Coordination Committee with the same rights as the members of this Committee. The Conference shall elect at each of its ordinary meetings States to attend such meetings.
(d) The expenditure of each delegation shall be borne by the government which appointed it.
2. If the other Union managed by the Organisation wishes to be represented as such in the Coordination Committee, its representatives must be designated from the Member States of the Coordination Committee.
3. Coordination Committee:
(i) give the institutions of the Union, the General Assembly, the Conference and the Director-General their views on all administrative and financial issues and on any other matter constituting a common interest either by two or more Union or by one or more Union and by the Organisation, and in particular the budget for common expenditure by the Union;
(ii) prepare a draft agenda for the General Assembly;
(iii) prepare the draft agenda and draft agenda and budget of the Conference;
(iv) express its views on the basis of the three-year budget of common expenditure by the Union and the three-year budget of the Conference, as well as on the basis of the three-year programme of legal technical assistance to the corresponding annual budgets and programmes;
(v) where the term of office of the Director-General expires or this post becomes vacant, the General Assembly shall propose the name of the candidate for the post; If the General Assembly does not appoint a proposed candidate, the Coordination Committee shall propose another candidate; This procedure shall be repeated until the last proposed candidate has been appointed by the General Assembly;
(vi) if the post of Director-General is vacant between two meetings of the General Assembly, he shall appoint the Managing Director-General for the period before the new Director-General takes up his duties;
(vii) carry out other tasks entrusted to it under this Convention.
4.
(a) The Coordination Committee shall meet once a year at a regular meeting convened by the Director-General. It usually meets at the headquarters of the Organization.
(b) The Coordination Committee shall meet at an extraordinary meeting convened by the Director-General either on his own initiative or at the request of the Chair or a quarter of the members of the Coordination Committee.
5.
(a) Each State, whether it is a member of one of the two executive committees referred to in paragraph 1 or of both committees, shall have one vote in the Coordination Committee.
(b) Half of the members of the Coordination Committee shall form a quorum.
c) One delegate may represent only one State and vote on its behalf.
6.
(a) The Coordination Committee shall express its opinions and make its decisions by a simple majority of the votes cast. Abstention shall not be considered a vote.
(b) While a simple majority has been achieved, each member of the Coordination Committee may, immediately after the vote, request that the votes cast be counted in the following special way: two separate lists shall be drawn up indicating the names of the Member States of the Executive Committee of the Paris Union and the Member States of the Executive Committee of the Berne Union; the vote of each State shall be indicated at its name in each list where that name is given. If this special census shows that a simple majority has not been achieved in both of these lists, the proposal in question shall not be deemed accepted.
7. Any Member State of the Organisation which is not a member of the Coordination Committee may be represented at meetings of that Committee by its observers who have the right to take part in the negotiations but without the right to vote.
8. The Coordination Committee shall act on its Rules of Procedure.
International Bureau
1. The International Office shall be the Secretariat of the Organisation.
2. The International Bureau shall be managed by the Director-General with two or more Deputy Directors-General.
3. The Director-General shall be appointed for a specified period which shall not be less than six years. It may be renewed for a specified period. The duration of the first and, where appropriate, subsequent periods, as well as all other conditions of his appointment, shall be determined by the General Assembly.
4.
(a) The Director-General shall be the Chief Officer of the Organisation.
b) He represents the Organization.
(c) It shall correspond to the General Assembly and shall follow its instructions in both internal and external matters of the Organisation.
5. The Director-General shall prepare draft budget and programme as well as periodic activity reports. They shall be presented to the governments of the participating States, as well as to the competent authorities of the Union and the Organisation.
6. The Director-General and the staff designated by him shall participate, without the right to vote, in all meetings of the General Assembly, the Conference, the Coordination Committee and all other committees or working groups. The Director-General or the staff member designated by him shall be the secretary of these bodies under his official responsibility.
7. The Director-General shall appoint the staff necessary for the good functioning of the International Bureau. It shall appoint Deputy Director-General after approval by the Coordination Committee. Conditions of employment shall be laid down in the Conditions of Employment, approved by the Coordination Committee on a proposal from the Director-General. The need to ensure the services of workers of the highest qualification for their performance, expertise and integrity must be taken into account in the selection and determination of their working conditions. Appropriate attention should be paid to ensuring that the selection of workers is carried out on the broadest possible geographical basis.
8. The functions of the Director-General and the staff of the International Bureau are strictly international. In the performance of their functions, they shall not seek or take instructions from any government or authority outside the Organisation. They must refrain from any action which may harm their position as international officials. Each Member State undertakes to respect exclusively the international nature of the functions of the Director-General and of the staff of the International Bureau and not to seek to influence them in the performance of those functions.
Location
1. The seat of the Organization is Geneva.
2. The change of registered office may be decided under the conditions laid down in Articles 6, 3, d and g.
Financial issues
1. The organisation has two separate budgets: the Union's common expenditure budget and the Conference's budget.
2.
(a) The budget of common expenditure by the Union shall include a schedule of expenditure representing interest by several Union bodies.
(b) This budget shall be financed from the following sources:
(i) contributions by the Union, the amount of each Union's contribution being determined by the Assembly of that Union, taking into account the extent to which common expenditure is made in the interests of the Union;
(ii) fees and amounts for services provided by the International Bureau which are not directly related to a Union or which are not levied for services provided by the International Bureau in the field of technical assistance;
(iii) the proceeds of the sale of the International Office's publications not directly related to any Union, and the fees for such publications;
(iv) gifts, references and subsidies granted to the Organisation, except those referred to in paragraph 3 (b), (iv);
(v) rent, interest and miscellaneous other revenue of the Organisation.
3.
(a) The budget of the Conference shall include a schedule of expenditure for meetings of the Conference and a programme of legal technical assistance.
(b) This budget shall be financed from the following sources:
(i) contributions from States participating in this Convention which are not members of any Union;
(ii) the amounts, where appropriate, granted by the Union for this budget, provided that the amount of the Union concerned is provided for by the Assembly of that Union and that no Union is required to contribute to that budget;
(iii) the amounts for services provided by the International Bureau in the field of technical assistance;
(iv) donations, references and subsidies granted to the Organisation for the purposes referred to in (a).
4. (a) In order to determine the amount of the contribution to the budget of the Conference, each State participating in this Convention, which is not a member of any Union, shall be classified in a specific class and shall pay annual contributions according to the number of units thus determined:
| Třída A | 10 |
| Třída B | 3 |
| Třída C | 1. |
(b) Each of those States shall, at the same time as the measure referred to in Article 14 (1), designate the class to which it wishes to be classified. He can change class. If the lower class is chosen, the State must announce this at a proper meeting of the Conference. Such amendment shall take effect at the beginning of the calendar year following this meeting.
(c) The annual contribution of each of these States shall consist of an amount which, in proportion to the total amount of the contributions of all those States to the budget of the Conference in which the number of units of the class to which the State is classified is equal to the total number of units of all those States.
(d) The allowances shall be payable on 1 January of each year.
(e) If 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. A State participating in this Convention, which is not a member of any Union and which is late in paying its contributions under the provisions of this Article, as well as a State participating in this Convention, which is a member of one of the Union, and which is late in paying its contributions under this Union, may not exercise its right to vote in any of the bodies of the Organisation of which it is a member, equal to or exceeding the amount of its arrears in respect of the last two full years. However, it may allow such State to continue exercising the right to vote in that institution for as long as it considers that the delay is due to exceptional and unavoidable circumstances.
6. The amount of fees and service charges provided by the International Office for Legal Technical Assistance shall be determined by the Director-General, who shall report to the Coordination Committee.
7. The organisation may, with the agreement of the Coordination Committee, receive gifts, references and subsidies directly from governments, public or private institutions, associations or private persons.
8.
(a) The Organisation shall have an operational fund established by a one-off payment by the Union and each State participating in this Convention which is not a member of any Union. If this fund becomes insufficient, it will be decided to increase it.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 69 / 1975 Coll., on the Convention on the Establishment of the World Intellectual Property Organisation, signed in Stockholm on 14 July 1967 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.07.1975 |
|---|---|
| Effective from | 22.12.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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