<ЛОНДОНСКИЙ АКТ ГААГСКОГО СОГЛАШЕНИЯ О МЕЖДУНАРОДНОМ ДЕПОНИРОВАНИИ ПРОМЫШЛЕННЫХ ОБРАЗЦОВ> [англ.](Подписан в г. Лондоне 02.06.1934)
[translation]
THE HAGUE AGREEMENT
CONCERNING THE INTERNATIONAL
DEPOSIT
OF INDUSTRIAL DESIGNS OF NOVEMBER 6, 1925
LONDON ACT
<*>
(London, 2.VI.1934)
Article 1
[Right To Make International
Deposits]
Nationals of any of the contracting countries, as well as persons
who, upon the territory of the restricted Union, have satisfied the conditions
of Article 3 of the General Convention, may, in all the other contracting
countries, secure protection for their industrial designs by means of an
international deposit made at the International Bureau of Industrial Property at
Berne.
--------------------------------
<*> The names of the
articles were added for the convenience of the reader. It does not appear in the
original (French) text of the Agreement.
Article 2
[Form of Deposit;
Application]
(1) The international deposit shall include designs, either in
the form of the industrial product for which they are intended, or in the form
of a drawing, a photograph, or any other adequate graphic representation of the
said design.
(2) The articles submitted shall be accompanied by an
application for international deposit, in duplicate, containing, in French, the
particulars specified in the Regulations.
Article 3
[Procedure Applied
by the International Bureau]
(1) As soon as the International Bureau
receives an application for international deposit it shall record the
application in a special Register and shall publish it, sending free of charge
to each Office the desired number of copies of the periodical journal in which
it publishes such records.
(2) Deposits shall be kept in the archives of
the International Bureau.
Article 4
[Presumption of Ownership; Legal
Effect of Deposit
and Publication; Right of Priority]
(1) Any person
making an international deposit of an industrial design shall, in the absence of
proof to the contrary, be deemed to be the owner of the work.
(2)
International deposit is purely declaratory. The deposit, as such, shall have in
the contracting countries the same effect as if the designs had been deposited
there direct on the date of the international deposit, subject however to the
special rules established by this Agreement.
(3) The publicity mentioned
in the foregoing Article shall be deemed in all the contracting countries to be
sufficient, and no other publicity may be required of the depositor, apart from
any formalities to be complied with for the exercise of rights in accordance
with the domestic law.
(4) The right of priority established by Article 4
of the General Convention shall be guaranteed to every design which has been the
subject of an international deposit, without requiring compliance with any of
the formalities prescribed in the said Article.
Article 5
[Marking;
Exploitation; Importation]
The contracting countries agree not to require
designs which have been the subject of an international deposit to bear any
compulsory marking. They shall not cause the designs to lapse either by reason
of non-exploitation or as a result of the introduction of articles similar to
those protected.
Article 6
[Single and Multiple Deposits; Open and
Sealed Deposits;
Dimensions of Envelopes and Packets Deposited]
(1)
The international deposit may consist of either a single design or several, the
number thereof being stated in the application.
(2) Such deposit may be
made under open cover or under sealed cover. In particular, there shall be
accepted as a means of deposit under sealed cover double envelopes having a
perforated control number (Soleau system) or any other system for ensuring
identification.
(3) The maximum dimensions of covers or packets eligible
for deposit shall be fixed by the Regulations.
Article 7
[Duration of
Protection]
The duration of international protection is fixed at fifteen
years from the date of deposit at the International Bureau at Berne; this term
is divided into two periods, namely, one period of five years and one period of
ten years.
Article 8
[Time Limit for Sealed Deposits]
During the
first period of protection, deposits shall be accepted either under open cover
or under sealed cover; during the second period of protection, they shall be
accepted only under open cover.
Article 9
[Opening of Sealed
Deposits]
During the first period, deposits under sealed cover may be opened
at the request of the depositor or of a competent court; upon expiration of the
first period, they shall, with a view to transition to the second period, be
opened upon application for prolongation.
Article 10
[Notice of
Expiration]
In the course of the first six months of the fifth year of the
first period, the International Bureau shall give unofficial notice of
expiration to the depositor of the design.
Article 11
[Prolongation of
Deposit]
(1) When the depositor desires to secure extension of the
protection by transition to the second period he shall, before the expiration of
the first period, file with the International Bureau an application for
prolongation.
(2) The International Bureau shall open the package, if
sealed, shall publish in its journal notice of the prolongation granted, and
shall notify all Offices thereof by sending to each the desired number of copies
of the said journal.
Article 12
[Expired Deposits]
Designs forming
the subject of deposits which have not been prolonged, as well as those in
respect of which protection has expired, shall, upon the request of the
proprietors and at their expense, be returned to them as they stand. If
unclaimed, they shall be destroyed at the end of two years.
Article
13
[Renunciation of Deposit]
(1) Depositors may, at any time, renounce
their deposit, either wholly or in part, by means of a declaration addressed to
the International Bureau; the Bureau shall give such declaration the publicity
referred to in Article 3.
(2) Renunciation shall entail the return of the
deposit to the depositor, at his expense.
Article 14
[Communication of
Deposit to Courts and
Other Competent Authorities]
If a court or any
other competent authority orders the communication to it of a secret design, the
International Bureau, when duly required, shall open the deposited package,
shall extract therefrom the requested design, and shall remit it to the
authority so requiring. Similar communication shall take place on request in the
case of an unsealed design. The article thus communicated shall be returned in
the shortest possible time and reincorporated in the sealed package or in the
envelope, as the case may be. Such transactions may be subject to a fee, which
shall be fixed by the Regulations.
Article 15
[Fees]
The fees for an
international deposit and for the prolongation thereof, which shall be paid
before registration of the deposit or of the prolongation can be proceeded with,
shall be as follows:
1. for a single design, and in respect of the first
period of five years: 5 francs;
2. for a single design, upon expiration
of the first period and in respect of the duration of the second period of ten
years: 10 francs;
3. for a multiple deposit, and in respect of the first
period of five years: 10 francs;
4. for a multiple deposit, upon
expiration of the first period and in respect of the duration of the second
period of ten years: 50 francs.
Article 16
[Net Proceeds from
Fees]
The net annual proceeds from fees shall be divided, as provided in
Article 8 of the Regulations, among the contracting countries by the
International Bureau, after deduction of the common expenses necessitated by the
implementation of this Agreement.
Article 17
[Changes in
Ownership]
(1) The International Bureau shall record in its Registers all
changes affecting the proprietorship of designs which are notified to it by the
parties concerned; it shall publish them in its journal and shall announce them
to all Offices by sending to each the desired number of copies of the said
journal.
(2) These transactions may be subject to a fee, which shall be
fixed by the Regulations.
(3) The proprietor of an international deposit
may assign the rights in respect of part only of the designs included in a
multiple deposit or in respect of one or several of the contracting countries
only; but, in such cases, if the deposit has been made under sealed cover, the
International Bureau shall open the package before recording the transfer in its
Registers.
Article 18
[Extracts from the International Register]
(1)
The International Bureau shall deliver to any person, upon application, and on
payment of a fee fixed by the Regulations, an abstract of the entries in the
Register in connection with any given design.
(2) Such abstract may, if
the design lends itself thereto, be accompanied by a copy or a reproduction of
the design, which has been supplied to the International Bureau and which the
latter shall certify as being in conformity with the article deposited under
open cover. If the Bureau is not in possession of such copies or reproductions,
it shall have them made, on the request of interested parties and at their
expense.
Article 19
[Public Access to Archives]
The archives of the
International Bureau, in so far as they contain unsealed deposits, shall be
accessible to the public. Any person may inspect them, in the presence of an
official, or may obtain from the Bureau written information on the contents of
the Register, subject to payment of fees to be fixed by the
Regulations.
Article 20
[Regulations]
The details of the application
of this Agreement shall be determined by Regulations the provisions of which
may, at any time, be amended with the common consent of the Offices of the
contracting countries.
Article 21
[Applicability of Protection Accorded
by National Laws
and by the Berne Copyright Convention]
The
provisions of this Agreement offer only a minimum of protection; they shall not
preclude the claiming of the application of wider provisions that may be enacted
by the domestic legislation of a contracting country, nor shall they prejudice
the application of the provisions of the Berne Convention, as revised in 1928,
relating to the protection of artistic works and works of art applied to
industry.
Article 22
[Accession; Denunciation]
(1) Countries members
of the Union which are not party to this Agreement may accede thereto at their
request and in the manner prescribed by Articles 16 and 16bis of the General
Convention.
(2) Notification of accession shall, of itself, ensure, upon
the territory of the acceding country, the benefits of the foregoing provisions
to industrial designs which, at the time of accession, are the subject of
international deposit.
(3) However, any country may, in acceding to this
Agreement, declare that application of this Act shall be limited to designs
deposited from the date on which its accession becomes effective.
(4) In
the case of denunciation of this Agreement, Article 17bis of the General
Convention shall apply. International designs deposited up to the date on which
denunciation becomes effective shall continue, throughout the period of
international protection, to enjoy in the denouncing country, as well as in all
other countries of the restricted Union, the same protection as if they had been
deposited direct in such countries.
Article 23
[Ratification; Entry Into
Force;
Applicability of the Agreement of 1925]
(1) This Agreement
shall be ratified and ratifications shall be deposited at London not later than
July 1, 1938.
(2) It shall enter into force, between the countries which
have ratified it, one month after that date, and shall have the same force and
duration as the General Convention.
(3) This Act shall, as regards the
relations between the countries which have ratified it, replace the Hague
Agreement of 1925. However, the latter shall remain in force as regards the
relations with countries which have not ratified this Act.
