<ДОПОЛНЯЮЩИЙ СТОКГОЛЬМСКИЙ АКТ ГААГСКОГО СОГЛАШЕНИЯ О МЕЖДУНАРОДНОМ ДЕПОНИРОВАНИИ ПРОМЫШЛЕННЫХ ОБРАЗЦОВ> [англ.](Подписан в г. Стокгольме 14.07.1967)(с изм. и доп. от 28.09.1979)
[translation]
THE HAGUE AGREEMENT
CONCERNING THE INTERNATIONAL
DEPOSIT
OF INDUSTRIAL DESIGNS OF NOVEMBER 6, 1925
COMPLEMENTARY ACT
OF STOCKHOLM <*>
(Stockholm, 14.VII.1967)
(as amended on September
28, 1979)
Article 1
[Definitions]
For the purposes of this
Complementary Act:
"1934 Act" shall mean the Act signed at London on June
2, 1934, of the Hague Agreement concerning the International Deposit of
Industrial Designs;
--------------------------------
<*> 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.
"1960 Act" shall mean
the Act signed at The Hague on November 28, 1960, of the Hague Agreement
concerning the International Deposit of Industrial Designs;
"1961
Additional Act" shall mean the Act signed at Monaco on November 18, 1961,
additional to the 1934 Act;
"Organization" shall mean the World
Intellectual Property Organization;
"International Bureau" shall mean the
International Bureau of Intellectual Property;
"Director General" shall
mean the Director General of the Organization;
"Special Union" shall mean
the Hague Union established by the Hague Agreement of November 6, 1925,
concerning the International Deposit of Industrial Designs, and maintained by
the 1934 and 1960 Acts, by the 1961 Additional Act, and by this Complementary
Act.
Article 2
[Assembly]
(1) (a) The Special Union shall have an
Assembly consisting of those countries which have ratified or acceded to this
Complementary Act.
(b) The Government of each country shall be
represented by one delegate, who may be assisted by alternate delegates,
advisors, and experts.
(c) The expenses of each delegation shall be borne
by the Government which has appointed it.
(2) (a) The Assembly
shall:
(i) deal with all matters concerning the maintenance and
development of the Special Union and the implementation of this Agreement;
(ii) give directions to the International Bureau concerning the preparation for
conferences of revision, due account being taken of any comments made by those
countries of the Special Union which have not ratified or acceded to this
Complementary Act;
(iii) modify the Regulations, including the fixation
of the amounts of the fees relating to the international deposit of industrial
designs;
(iv) review and approve the reports and activities of the
Director General concerning the Special Union, and give him all necessary
instructions concerning matters within the competence of the Special Union;
(v) determine the program and adopt the biennial budget of the Special Union,
and approve its final accounts;
(vi) adopt the financial regulations of
the Special Union;
(vii) establish such committees of experts and working
groups as it may deem necessary to achieve the objectives of the Special
Union;
(viii) determine which countries not members of the Special Union
and which intergovernmental and international non-governmental organizations
shall be admitted to its meetings as observers;
(ix) adopt amendments to
Articles 2 to 5;
(x) take any other appropriate action designed to
further the objectives of the Special Union;
(xi) perform such other
functions as are appropriate under this Complementary Act.
(b) With
respect to matters which are of interest also to other Unions administered by
the Organization, the Assembly shall make its decisions after having heard the
advice of the Coordination Committee of the Organization.
(3) (a) Each
country member of the Assembly shall have one vote.
(b) One-half of the
countries members of the Assembly shall constitute a quorum.
(c)
Notwithstanding the provisions of subparagraph (b), if, in any session, the
number of countries represented is less than one-half but equal to or more than
one-third of the countries members of the Assembly, the Assembly may make
decisions but, with the exception of decisions concerning its own procedure, all
such decisions shall take effect only if the conditions set forth hereinafter
are fulfilled. The International Bureau shall communicate the said decisions to
the countries members of the Assembly which were not represented and shall
invite them to express in writing their vote or abstention within a period of
three months from the date of the communication. If, at the expiration of this
period, the number of countries having thus expressed their vote or abstention
attains the number of countries which was lacking for attaining the quorum in
the session itself, such decisions shall take effect provided that at the same
time the required majority still obtains.
(d) Subject to the provisions
of Article 5(2), the decisions of the Assembly shall require two-thirds of the
votes cast.
(e) Abstentions shall not be considered as votes.
(f)
A delegate may represent, and vote in the name of, one country only.
(g)
Countries of the Special Union not members of the Assembly shall be admitted to
the meetings of the latter as observers.
(4) (a) The Assembly shall meet
once in every second calendar year in ordinary session upon convocation by the
Director General and, in the absence of exceptionnal circumstances, during the
same period and at the same place as the General Assembly of the
Organization.
(b) The Assembly shall meet in extraordinary session upon
convocation by the Director General, at the request of one-fourth of the
countries members of the Assembly.
(c) The agenda of each session shall
be prepared by the Director General.
(5) The Assembly shall adopt its own
rules of procedure.
Article 3
[International Bureau]
(1) (a)
International deposit of industrial designs and related duties, as well as all
other administrative tasks concerning the Special Union, shall be performed by
the International Bureau.
(b) In particular, the International Bureau
shall prepare the meetings and provide the secretariat of the Assembly and of
such committees of experts and working groups as may have been established by
the Assembly.
(c) The Director General shall be the chief executive of
the Special Union and shall represent the Special Union.
(2) The Director
General and any staff member designated by him shall participate, without the
right to vote, in all meetings of the Assembly and of such committees of experts
or working groups as may have been established by the Assembly. The Director
General, or a staff member designated by him, shall be ex officio secretary of
those bodies.
(3) (a) The International Bureau shall, in accordance with
the directions of the Assembly, make the preparations for the conferences of
revision of the provisions of the Agreement.
(b) The International Bureau
may consult with intergovernmental and international non-governmental
organizations concerning preparations for conferences of revision.
(c)
The Director General and persons designated by him shall take part, without the
right to vote, in the discussions at those conferences.
(4) The
International Bureau shall carry out any other tasks assigned to it.
Article
4
[Finances]
(1) (a) The Special Union shall have a budget.
(b)
The budget of the Special Union shall include the income and expenses proper to
the Special Union, its contribution to the budget of expenses common to the
Unions, and, where applicable, the sum made available to the budget of the
Conference of the Organization.
(c) Expenses not attributable exclusively
to the Special Union but also to one or more other Unions administered by the
Organization shall be deemed to be expenses common to the Unions. The share of
the Special Union in such common expenses shall be in proportion to the interest
the Special Union has in them.
(2) The budget of the Special Union shall
be established with due regard to the requirements of coordination with the
budgets of the other Unions administered by the Organization.
(3) The
budget of the Special Union shall be financed from the following sources:
(i) international deposit fees and other fees and charges due for other services
rendered by the International Bureau in relation to the Special Union;
(ii) sale of, or royalties on, the publications of the International Bureau
concerning the Special Union;
(iii) gifts, bequests, and
subventions;
(iv) rents, interests, and other miscellaneous income.
(4) (a) The amounts of the fees referred to in paragraph (3)(i) shall be fixed
by the Assembly on the proposal of the Director General.
(b) The amounts
of such fees shall be so fixed that the revenues of the Special Union from fees
and other sources shall be at least sufficient to cover the expenses of the
International Bureau concerning the Special Union.
(c) If the budget is
not adopted before the beginning of a new financial period, it shall be at the
same level as the budget of the previous year, as provided in the financial
regulations.
(5) Subject to the provisions of paragraph (4)(a), the
amount of the fees and charges due for other services rendered by the
International Bureau in relation to the Special Union shall be established, and
shall be reported to the Assembly, by the Director General.
(6) (a) The
Special Union shall have a working capital fund which shall be constituted by
the excess receipts and, if such excess does not suffice, by a single payment
made by each country of the Special Union. If the fund becomes insufficient, the
Assembly shall decide to increase it.
(b) The amount of the initial
payment of each country to the said fund or of its participation in the increase
thereof shall be a proportion of the contribution of that country as a member of
the Paris Union for the Protection of Industrial Property to the budget of the
said Union for the year in which the fund is established or the decision to
increase it is made.
(c) The proportion and the terms of payment shall be
fixed by the Assembly on the proposal of the Director General and after it has
heard the advice of the Coordination Committee of the Organization.
(7)
(a) In the headquarters agreement concluded with the country on the territory of
which the Organization has its headquarters, it shall be provided that, whenever
the working capital fund is insufficient, such country shall grant advances. The
amount of those advances and the conditions on which they are granted shall be
the subject of separate agreements, in each case, between such country and the
Organization.
(b) The country referred to in subparagraph (a) and the
Organization shall each have the right to denounce the obligation to grant
advances, by written notification. Denunciation shall take effect three years
after the end of the year in which it has been notified.
(8) The auditing
of the accounts shall be effected by one or more of the countries of the Special
Union or by external auditors, as provided in the financial regulations. They
shall be designated, with their agreement, by the Assembly.
Article
5
[Amendment of Articles 2 to 5]
(1) Proposals for the amendment of this
Complementary Act may be initiated by any country member of the Assembly, or by
the Director General. Such proposals shall be communicated by the Director
General to the member countries of the Assembly at least six months in advance
of their consideration by the Assembly.
(2) Amendments referred to in
paragraph (1) shall be adopted by the Assembly. Adoption shall require
three-fourths of the votes cast, provided that any amendment to Article 2 and to
the present paragraph, shall require four-fifths of the votes cast.
(3)
Any amendment referred to in paragraph (1) shall enter into force one month
after written notifications of acceptance, effected in accordance with their
respective constitutional processes, have been received by the Director General
from three-fourths of the countries members of the Assembly at the time it
adopted the amendment. Any amendment thus accepted shall bind all the countries
which are members of the Assembly at the time the amendment enters into force,
or which become members thereof at a subsequent date.
Article
6
[Amendment of the 1934 Act and the 1961 Additional Act]
(1) (a)
References in the 1934 Act to "the International Bureau of Industrial Property
at Berne," to "the Berne International Bureau," or to "the International
Bureau," shall be construed as references to the International Bureau as defined
in Article 1 of this Complementary Act.
(b) Article 15 of the 1934 Act is
repealed.
(c) Any amendment of the Regulations referred to in Article 20
of the 1934 Act shall be effected in accordance with the procedure prescribed
under Article 2(2)(a)(iii) and Article (3)(d).
(d) In Article 21 of the
1934 Act, for the words "revised in 1928" there shall be substituted the words
"for the Protection of Literary and Artistic Works."
(e) References in
Article 22 of the 1934 Act to Articles 16, 16bis, and 17bis, of the "General
Convention" shall be construed as references to those provisions of the
Stockholm Act of the Paris Convention for the Protection of Industrial Property
which, in the said Stockholm Act, correspond to Articles 16, 16bis, and 17bis,
of the earlier Acts of the Paris Convention.
(2) (a) Any modification of
the fees referred to in Article 3 of the 1961 Additional Act shall be effected
in accordance with the procedure prescribed under Article 2(2)(a)(iii) and
(3)(d).
(b) Paragraph 1 of Article 4(1) of the 1961 Additional Act, and
the words "When the reserve fund has reached this amount" in
Paragraph
(2) are repealed.
(c) References in Article 6(2) of the 1961 Additional
Act to Articles 16 and 16bis of the Paris Convention for the Protection of
Industrial Property shall be construed as references to those provisions of the
Stockholm Act of the said Convention which, in the Stockholm Act, correspond to
Articles 16 and 16bis of the earlier Acts of the Paris Convention.
(d)
References in paragraphs (1) and (3) of Article 7 of the 1961 Additional Act to
the Government of the Swiss Confederation shall be construed as references to
the Director General.
Article 7
[Amendment of the 1960 Act]
(1)
References in the 1960 Act to "the Bureau of the International Union for the
Protection of Industrial Property" or to "the International Bureau" shall be
construed as references to the International Bureau as defined in Article 1 of
this Complementary Act.
(2) Articles 19, 20, 21, and 22, of the 1960
