Decree of the Minister for Foreign Affairs No. 88 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Treaty on the Legal Protection of Inventions, Industrial Designs, Designs and Trade Marks in the Implementation of Economic and Scientific and Technological Cooperation
Valid
Effective from 06.05.1974
88
DECLARATION
Minister for Foreign Affairs
of 5 July 1974
on the Treaty on the legal protection of inventions, designs, utility models and trade marks in the pursuit of economic and scientific and technological cooperation
On 12 April 1973, the Treaty on the legal protection of inventions, designs, utility models and trade marks in the course of economic and scientific and technological cooperation was signed in Moscow.
The President of the Republic ratified the Treaty and the instrument of ratification was deposited in the Secretariat of the Council of Mutual Economic Assistance, the depositary of the Treaty, on 5 February 1974.
The Treaty entered into force on 11 July 1973 pursuant to Article 20 thereof. It entered into force on 6 May 1974 for the Czechoslovak Socialist Republic.
The Czech translation of the Treaty is announced simultaneously.
Minister:
Ing. Chupek v. r.
TREATY
on the legal protection of inventions, designs, utility models and trade marks in the pursuit of economic and scientific and technological cooperation
The Governments of the People's Republic of Bulgaria, the People's Republic of Hungary, the German Democratic Republic, the Republic of Cuba, the People's Republic of Mongolia, the People's Republic of Poland, the Socialist Republic of Romania, the Union of Soviet Socialist Republics and the Czechoslovak Socialist Republic, led by their wish to assist the development of economic and scientific cooperation by adjusting the legal protection issues of inventions, industrial models, utility models and trade marks arising from the implementation of the cooperation and by providing mutual assistance in addressing these issues, have decided to conclude this Treaty and have agreed as follows:
This Treaty shall apply:
(a) the inventions, designs and utility models created by the citizens of the Contracting States in carrying out economic and scientific and technological cooperation between the following countries:
in the joint implementation of research, development, technological and experimental work in international research institutes, development organisations, joint laboratories and departments, international scientific production associations and other international organisations and associations established under bilateral or multilateral agreements;
in carrying out research, development, technological and experimental work by cooperating organizations of the Contracting States through cooperation, on the basis of the division of work enshrined in the relevant agreements;
in the implementation of coordinated research, development, technological and experimental work by the cooperating organisations of the Contracting States pursuant to a jointly agreed plan with a view to achieving a joint result through the separate development of individual topics (implementation of individual stages of work) with the mutual obligation to subsequently transmit the results of the work to be used in the national economy of the countries;
(b) trade marks used to designate products manufactured in the course of economic and scientific and technical cooperation between the Contracting States.
The provisions of this Treaty shall also apply to inventions, designs and utility models created as a result of co-operation and specialisation of production by undertakings of the Contracting States, as well as in other forms of economic and scientific and technological cooperation between those countries in accordance with the Treaties and agreements for such cooperation.
2. The provisions of Articles 3, 7, 12, 13, 14 (2), 15, 17 of this Treaty shall also apply to inventions, designs and utility models which are not the result of an activity carried out in the context of economic and scientific and technical cooperation of the Contracting States, in cases where they form part of the technical documentation transmitted by the organisations of one country (s) to the organisations of the other country (s).
The provisions of Articles 3, 7, 16 and 17 of this Treaty shall also apply to trade marks previously registered by the Contracting States, even where such marks are used to designate products manufactured as a result of economic and scientific and technical cooperation between those countries.
1. The inventions, designs and utility models referred to in point 1 of Article 1 of this Treaty shall mean joint inventions, designs, utility models, and inventions, designs and utility models created separately by the citizens of one of the Contracting States.
2. Common are:
(a) inventions, designs and utility models created in co-authorship by citizens of the Contracting States, irrespective of the territory of which countries they have been created. Rights to such inventions, designs and utility models shall lie with the contracting countries whose citizens are their authors, or with the relevant organisations of those countries, where national legislature so permits;
(b) inventions, designs and utility models created in international research institutes, development organisations, joint laboratories and departments, international scientific production associations as well as other international organisations and associations, irrespective of whether such inventions, designs and utility models have been created by citizens of one or more of the Contracting States, unless otherwise provided for in contracts for the creation of such organisations and collectives. The rights to such inventions, designs and utility models shall belong to the countries involved in those organisations and collectives or to the relevant organisations of those countries, where permitted by national legislation;
(c) inventions, designs and utility models created in the execution of works jointly financed by the Contracting States, provided that such contracts and agreements provide for the execution of such works. The rights to such inventions, designs and utility models shall lie with the countries involved in these works or with the relevant organisations of those countries, where national legislation so permits.
3. Rights to joint inventions, designs and utility models shall mean:
(a) the right to provide legal protection and to use such inventions, designs and utility models in the territory of their country in accordance with national legislation;
(b) the right to ensure the legal protection of such inventions, designs and utility models in countries not entitled to such inventions and designs;
(c) the right to export products manufactured using such inventions, designs and utility models;
(d) the right to transmit such inventions, designs and utility designs to countries not entitled to such inventions and designs. Such transmission may be made free of charge, or for the payment of a certain part of the cost of processing, or on a commercial basis by licence contracts.
The rights referred to in points (b), (c) and (d) of this point may be exercised only by mutual agreement between the relevant organisations of the Contracting States which have the right to joint inventions, designs and utility models, or in the manner laid down in the instruments governing the activities of the relevant international organisations and collective organisations.
4. The inventions, designs and utility models set out in point 1 of this Article shall be the inventions, designs and utility models created as a result of economic and scientific and technical cooperation by the citizens of one of the Contracting States, with the exception of inventions, designs and utility models considered to be common in accordance with points (b) and (c) of point 2 of this Article. Rights to such inventions, designs and utility models shall lie with the country of which the inventor is a citizen, or with the relevant organisation of that country, if the national legislature so permits.
Other contracting countries may be granted the right to use such inventions, designs and utility models under conditions agreed between the relevant organisations of the participating countries.
The cooperation organisations of the Contracting States shall take the measures necessary to ensure legal protection of inventions, designs and utility models.
The cooperating organisation shall take measures to prevent the dissemination of data on inventions, designs and utility models until legal protection is ensured.
Applications for joint inventions, industrial designs and utility models for protection shall be submitted as soon as possible in all the Contracting States entitled to such inventions, designs and utility models, in accordance with the national legislation of those countries. The first application shall, as a general rule, be submitted in the country in whose territory the invention or model was created. In those cases where, under the legislation of that country, legal protection cannot be granted for an invention or model, the first application may be filed in one of those countries where legal protection may be granted. In other Contracting countries, applications shall be submitted within a period of not more than four months from the time of the first application, while maintaining the Union priority.
When submitting applications for joint inventions, designs and utility models for protection to each other in the Contracting States whose organisation participates in cooperation, protection shall be sought in a form which gives the State or the competent organisation the right to use the invention, industrial design and utility model, if the national legislature of the country in which protection is sought so permits.
Different forms of protection for such inventions and designs may be provided for in individual contracts concluded between the cooperating organisations. Such contracts shall be approved by the competent authorities.
The Office of Inventions for which an application for a joint invention, industrial design and utility model for protection has been filed shall conduct a survey of the novelty of the application. The results of the survey, which may be used to discuss the application of this invention and the model for protection in other Contracting countries, shall be communicated without delay to the authorities for inventions of those countries.
The inventions authorities shall organise consultations with each other, if necessary, during the implementation of the survey.
The cooperation organisations of the Contracting States shall inform each other of the applications submitted, of the acquisition of legal protection and of any acts and changes concerning the legal protection of inventions, designs and utility models.
The competent organisations of the cooperating Contracting States shall discuss joint proposals to ensure the legal protection of joint inventions, industrial designs and utility models in countries which do not have the right to such inventions and designs, negotiate a list of countries in which the legal protection of such inventions and designs must be ensured and shall determine which of the cooperating organisations shall act as the applicant if necessary.
When submitting applications for joint inventions, industrial designs and utility models in countries not entitled to such inventions and designs, one or several cooperating organisations shall act as the applicant, if the legislature of the country in which the application is submitted so permits. In countries where the application is required by the author (s), the author (s) acts as the applicant.
International organisations and collective societies established by the Contracting States shall discuss issues relating to the legal protection of common inventions or designs in the manner laid down in the instruments governing the activities of such organisations or collective organisations.
Where the competent organisation of one of the Contracting States to which the right to joint inventions and designs belongs declares that it has no interest in ensuring the legal protection of such inventions and designs, in countries not entitled to such inventions and designs, the other cooperating countries may take separate measures to protect such inventions and designs.
In this case, questions relating to the distribution of income arising from the transfer of joint inventions, industrial designs and utility models, the export of products manufactured using such inventions or designs, the method of payment of remuneration to authors of inventions or designs, and other issues of the exercise of rights to such inventions and designs shall be governed by a separate contract between the competent organisations of all countries entitled to such joint inventions and designs.
The costs associated with the legal protection of common inventions, designs and utility models shall be distributed among the cooperating organisations of the Contracting States as follows:
(a) Each cooperating organisation shall bear the costs associated with the legal protection of inventions, designs and utility models in its country, irrespective of how the work was financed, resulting in the creation of inventions, designs and utility models.
(b) The costs associated with the legal protection of inventions, designs and utility models in countries not entitled to such inventions and designs shall be borne by the cooperating organisations to which the right to such inventions and designs belongs, in proportion to their participation in the financing of works resulting in the creation of inventions, designs and models of use, or by other means, by agreement between the relevant organisations of the cooperating countries.
Revenue obtained from the transmission of joint inventions, industrial designs and utility models to countries not entitled to such inventions and designs, on a commercial basis or under the conditions of partial reimbursement of the cost of development, shall be distributed among the relevant organisations of the countries entitled to such inventions and designs, in proportion to their participation in the financing of works resulting in the creation of inventions and designs. On the basis of the agreement of the competent organisations of the cooperating countries which are entitled to conduct foreign trade negotiations, the distribution of those revenues may also be carried out in another way.
The costs referred to in Article 9 (b) of this Treaty shall be distributed in the currency in which they were incurred.
The revenue referred to in Article 10 of this Treaty shall be distributed in the currency in which it is obtained.
The competent organizations of the cooperating contracting countries may agree on a case-by-case basis to transfer the corresponding amounts in another currency.
Authors of inventions, designs and utility models shall be entitled to remuneration for the use of inventions, designs and models in the countries to which they belong, as well as for the transmission of inventions, designs and utility models to other countries.
In making use of common inventions, industrial designs and utility models in the territory of one or more of the Contracting countries entitled to such inventions and designs, the author (s) shall determine the remuneration of the relevant organisation of the countries benefiting from the inventions, designs and utility models. The level of remuneration shall be determined according to the legislature of the country in which the inventions, designs and utility models are used.
The remuneration to be paid to authors - citizens of other countries - is transferred to the respective organisations of the countries of permanent residence of authors, and in accordance with their country's national legislation, they will pay the remuneration to authors.
The transfer of copyright between countries shall be carried out in accordance with the agreements in force on the settlement of non-commercial payments.
1. In the event of free transmission of joint inventions, industrial designs and utility models to countries not entitled to such inventions and designs, the questions of payment of the copyright remuneration shall be regulated by agreement between the relevant organisations of the country (s) which transmit the inventions, designs and utility models and by the organisations of the country (s) which take over those inventions and designs.
2. When submitting joint inventions, designs and utility models to countries not entitled to such inventions and designs under the conditions of payment of a certain part of the cost of development, as well as under licence agreements on a commercial basis, the competent organisations of the country (s) which have transmitted such inventions and designs shall pay remuneration to the authors of such inventions and designs from their share of income under their national legislation.
In the case of the transfer of inventions, industrial designs and utility models from one Contracting country to another under the conditions for payment of a certain part of the cost of development and under licence agreements on a commercial basis, the remuneration shall be paid to authors in the manner laid down in Article 14 (2) of this Treaty.
In the event of a free transmission of technical documentation including inventions, designs and utility models from one Contracting country to another, the remuneration shall be determined and paid to authors in accordance with Article 13 of this Treaty. If there is legal protection of inventions, industrial designs and utility models only in the donor country, the remuneration shall be paid to the authors of such inventions and designs on the basis of an agreement between the transferring and receiving organisations.
Issues concerning the selection, use and legal protection of a trade mark for the designation of products which have been produced as a result of economic and scientific and technical cooperation between the Contracting States shall be governed by agreements on the implementation of research, development, technological and experimental works, as well as contracts and agreements on specialisation and cooperation in production.
Questions relating to the implementation of this Treaty and further improvement of cooperation within the Treaty shall be discussed by the competent authorities of the Contracting States.
Disputes between cooperating organisations arising from the legal protection and use of inventions, designs and utility models and trade marks in the pursuit of economic and scientific and technological cooperation shall be settled in accordance with the Treaty on the settlement of civil disputes arising from economic and scientific and technical cooperation in arbitration proceedings signed on 26 May 1972. Contracting countries which are not Contracting Parties to this Treaty may resolve these disputes by other means under an agreement between the participating countries.
Disputes which, under national law in force at the time of signature of this Treaty or under international agreements, fall within the exclusive competence of the competent authorities of the Contracting States shall be dealt with by those authorities.
This Treaty shall be open for signature under the authority of the governments of the countries referred to in the preamble to this Treaty by 1 June 1973.
When signing this Treaty, any country may make reservations regarding its additional approval in accordance with its national legislation.
Notifications of approval of this Treaty shall be sent to the Secretariat of the Council of Mutual Economic Assistance, which shall be the depositary of this Treaty.
This Treaty shall enter into force between the Contracting States which sign it without reservation of additional approval, 90 days after its signature.
For the Contracting States which sign this Treaty subject to additional approval, the Treaty shall become applicable 90 days after the depositary has received their notification of approval of the Treaty.
After the entry into force of this Treaty, they may accede to it with the consent of the Contracting countries of another country by passing on the instruments of accession to the depositary. Access shall take effect 90 days after the date on which the depositary received the last notification of the consent.
This Treaty shall be concluded for a period of 5 years from the date of its entry into force. After that period, the Treaty shall automatically be extended to a new five-year period. Any Contracting country may terminate this Treaty within six months of the expiry of the proper period of validity of the Treaty by written notification to the depositary.
This Treaty may be amended only with the consent of all Contracting countries. Proposals for amending the Treaty may be made by any Contracting country. Such proposals shall be sent to the depositary.
The depositary of this Treaty shall take appropriate measures to register this Treaty in the United Nations Secretariat in accordance with its Charter.
The depositary shall send certified copies of this Treaty to all Contracting States, inform them of the date on which the Treaty enters into force, of the notification of approval received, of access to it, of the denunciation and of any other communications received.
Made in Moscow on 12 April 1973 in one copy in Russian.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 88 / 1974 Coll., on the Treaty on the Legal Protection of Inventions, Industrial Designs, Designs and Trade Marks in the Implementation of Economic and Scientific and Technical Cooperation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.09.1974 |
|---|---|
| Effective from | 06.05.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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