Decree of the Minister for Foreign Affairs No. 81 / 1970 Coll.
Decree of the Minister for Foreign Affairs on the Lisbon Agreement on the protection of designations of origin and their international registration
Valid
Effective from 25.09.1966
81
DECLARATION
Minister for Foreign Affairs
of 24 June 1970
on the Lisbon Agreement on the protection of designations of origin and their international registration
On 31 October 1958, the Lisbon Agreement on the protection of designations of origin and their international registration and the Implementing Regulation were negotiated in Lisbon.
The President of the Republic ratified the Agreement and the instrument of ratification was deposited with the Swiss Government, depositary of the Agreement, on 11 August 1961.
Agreement and The Implementing Regulations entered into force on the basis of Article 13 (2) and Article 8 on 25 September 1966 and entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Agreement and the Implementing Regulations is announced simultaneously.
Minister:
Ing. Marko v. r.
LISBON AGREEMENT
on the protection of designations of origin and their international registration
The countries concerned by this Agreement shall form a Special Union within the Union for the Protection of Industrial Property.
They undertake, under the terms of this Agreement, to protect in other countries: A specific union of designations of origin for products recognised and protected by this title in the country of origin and registered with the Union Industrial Property Protection Office.
(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 is 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 acquisition or imitation, even if the true origin of the product is marked or even 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 the Madrid Agreement of 14 April 1891 on combating false or misleading designations of origin, as last revised in Lisbon on 31 October 1958, or under national legislation or law.
(1) The designation of origin shall be registered with the International Industrial Property Protection Office on application by the authorities of the countries of the Special Union in the name of persons, whether natural or legal, public or private, entitled to use such names under their national legislation.
(2) The International Bureau shall immediately notify the entries to the competent authorities of this Special Union and publish them in the periodic publication of the Journal.
(3) The competent authorities of the countries may declare, on the grounds that they are unable to ensure the protection of a designation of origin, the inscription of which shall be notified to them if their declaration is delivered to the International Bureau within one year of the date of receipt of the notification of registration. This declaration may not cause harm to other forms of protection 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 preceding paragraph, the competent authorities of that Union may not object to such a declaration.
(5) The International Bureau shall inform the Office of the country of origin, as soon as possible, 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 protection is granted to a country on the basis of a notification of its international registration and the designation is already in use by a third party 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 for the termination of that 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 general name of the type of goods there if it is protected in the country of origin as a designation of origin.
(1) An entry made in accordance with Article 5 with the International Office ensures 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 amount of the fees shall be determined unanimously by the Council, which shall be established in accordance with Article 9, hereinafter referred to.
The proceeds of fees levied by the International Bureau shall be intended to cover the costs of the International Registration Service of Designation of Origin, provided that the countries of the Special Union are covered by Article 13 (8) of the Paris Convention.
The measures necessary to ensure the protection of designations of origin will be implemented in each country of the Special Union under national legislation:
1. on a proposal from the competent authority or at the request of the appropriate prosecutor;
2. any natural or legal, public or private person involved.
(1) For the implementation of this Agreement, a Council shall be set up with the International Bureau, composed of representatives of all countries which are members of the Special Union.
(2) That Council shall establish its Statute and Rules of Procedure and shall coordinate them with the Union institutions for the protection of industrial property and with those international organisations which have concluded cooperation agreements with the International Bureau.
(1) The details of the implementation of this Agreement are determined by the Rules to be signed at the same time as the Agreement.
(2) This Agreement and the Rules of Procedure may be subject to revisions in accordance with Article 14 of the General Convention.
(1) Member States of the Union for the protection of industrial property not participating in this Agreement will be able to accede to it if they so request in the form prescribed in Articles 16 and 16b of the Paris Convention.
(2) The notation of access will itself ensure the validity of the above provisions in the territory of the acceding country in favour of those designations of origin which were internationally registered at the time of access.
(3) However, any country acceding to this Agreement will be able to declare within one year for which the designations of origin already registered with the International Bureau shall apply the law under Article 5 (3).
(4) In the event of termination of this Agreement, Article 17b of the Paris Convention shall apply.
This Agreement shall remain in force as long as at least five countries are members thereof.
This Agreement shall be ratified and the instruments of ratification deposited with the Government of the Swiss Confederation.
The Agreement will enter into force as soon as five countries are ratified one month after the notification by the Swiss Government of the fifth ratification and for countries on whose behalf it will be ratified later, it will enter into force one month after the notification of each of these ratifications.
(1) This Agreement shall be signed in one copy in French and deposited in the archives of the Government of the Swiss Confederation. One certified copy will be delivered by this government to each of the governments of the countries of this Special Union.
(2) This Agreement remains open for signature for Union countries on the protection of industrial property by 31 December 1959.
(3) The official translations of this Agreement shall be made in the German, English, Spanish, Italian and Portuguese languages.
This Agreement has been signed by the representatives of the States below.
Cuba
France
Greece
Israel
Hungary
Italy
Spain
Morocco
Portugal
Romania
Czechoslovakia
Turkey
Done at Lisbon, 31 October 1958.
IMPLEMENTING RULES
on the Lisbon Agreement on the protection of designations of origin and their international registration
The application for international registration of the designation of origin shall be made out in duplicate in French, on forms supplied by the International Bureau. The application to which the relevant fees are to be attached shall contain the following information:
1. the country submitting the application and its competent authority, as well as the name or names of the owners of the designations of origin;
2. the designation of origin for which registration is sought;
3. the product to which the label is used;
4. the production area;
5. the name and date of the laws, regulations or judicial decisions which recognise protection in the country making the request;
6. Date of dispatch of the application.
The authorities of the countries to which registration is notified may, through the International Bureau, request one copy of the documents referred to in number 5 above, in the original language.
The Authority shall supplement these particulars with the date of application and the serial number.
The International Bureau shall:
1. the main register of designations of origin in which the designations shall be registered in the chronological order and with the particulars referred to in Article 1 and the date of receipt of the notification from the requesting national authority, the date of the notification sent by the International Office to the authorities of other countries of this Special Union, their refusal and an indication of the time limits which may have occurred. authorised under paragraph 6 of Article 5 of the Agreement;
2. a special register for each country of the Special Union in which the same data will be rewritten in chronological order.
Where the International Bureau finds that the application for registration has formal deficiencies, it shall postpone the registration of the designation of origin and inform the requesting Office thereof without delay in order to remove the defects.
(1) Once the registration in the registers has been carried out, the International Office shall, on two copies of the application, confirm that the registration has been carried out and affix it with its signature and stamp.
(2) One of these two copies will remain in the archives of the Office and the other will be sent to the requesting Office.
(3) The International Bureau shall notify the national authorities as soon as possible of all the information provided for in Article 1, as well as the national authorities' communications referred to in Article 5.
(4) National authorities will be able at any time to request the deletion of the minutes made following their request. The International Bureau shall carry out this deletion and report thereon to the national authorities.
The International Bureau shall publish in the periodic bulletin "Les Appellations d'origine ':
(a) registered designations of origin, with the particulars referred to in Nos 1 and 6 of Article 1 of this Order;
(b) any notification of refusal, as provided for in Article 5 (3) of the Agreement, and the processing thereof;
(c) any authorisation to continue to use certain indications in accordance with Article 5 (6) of the Agreement;
(d) any deletion of international entries.
The Council shall meet at the request of the Director of the International Bureau.
It shall be convened for the first time within three months of the entry into force of the Agreement.
(1) With a view to the application of Article 7 (2) of the Agreement and subject to the jurisdiction of the High Supervisory Party, the International Office shall submit to the Council, each year during the first quarter, a special activity report concerning the international registration service of the designation of origin.
(2) The amount of the uniform registration fee will be initially 50 Swiss francs.
This The Order will enter into force at the same time as the Agreement to which it applies and will have the same validity.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 81 / 1970 Coll., on the Lisbon Agreement on the protection of designations of origin and their international registration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.08.1970 |
|---|---|
| Effective from | 25.09.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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