U.N.T.S. No. 11851, vol. 828, pp. 305-388

PARIS CONVENTION

FOR THE PROTECTION OF INDUSTRIAL PROPERTY OF MARCH 20, 1883,


AS REVISED AT BRUSSELS ON DECEMBER 14, 1900,

AT WASHINGTON ON JUNE 2, 1911, AT THE HAGUE ON NOVEMBER 6, 1925,

AT LONDON ON JUNE 2, 1934, AT LISBON ON OCTOBER 31, 1958,

AND AT STOCKHOLM ON JULY 14, 1967

Article 1

(1) The countries to which this Convention applies constitute a Union for

the protection of industrial property.

(2) The protection of industrial property has as its object patents,

utility models, industrial designs, trademarks, service marks, trade names,

indications of source or appellations of origin, and the repression of

unfair competition.

(3) Industrial property shall be understood in the broadest sense and shall

apply not only to industry and commerce proper, but likewise to

agricultural and extractive industries and to all manufactured or natural

products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals,

mineral waters, beer, flowers, and flour.

(4) Patents shall include the various kinds of industrial patents

recognized by the laws of the countries of the Union, such as patents of

importation, patents of improvement, patents and certificates of addition,

etc.

Article 2

(1) Nationals of any country of the Union shall, as regards the protection

of industrial property, enjoy in all the other countries of the Union the

advantages that their respective laws now grant, or may hereafter grant, to

nationals; all without prejudice to the rights specially provided for by

this Convention. Consequently, they shall have the same protection as the

latter, and the same legal remedy against any infringement of their rights,

provided that the conditions and formalities imposed upon nationals are

complied with.

(2) However, no requirement as to domicile or establishment in the country

where protection is claimed may be imposed upon natonals of countries of

the Union for the enjoyment of any industrial property rights.

(3) The provisions of the laws of each of the countries of the Union

relating to judicial and administrative procedure and to jurisdiction, and

to the designation of an address for service or the appointment of an

agent, which may be required by the laws on industrial property are

expressly reserved.

Article 3

Nationals of countries outside the Union who are domiciled or who have real

and effective industrial or commercial establishments in the territory of

one of the countries of the Union shall be treated in the same manner as

nationals of the countries of the Union.

Article 4

A. (1) Any person who has duly filed an application for a patent, or for

the registration of a utility model, or of an industrial design, or of a

trademark, in one of the countries of the Union, or his successor in title,

shall enjoy, for the purpose of filing in the other countries, a right of

priority during the periods hereinafter fixed.

(2) Any filing that is equivalent to a regular national filing under the

domestic legislation of any country of the Union or under bilateral or

multilateral treaties concluded between countries of the Union shall be

recognized as giving rise to the right of priority.

(3) By a regular national filing is meant any filing that is adequate to

establish the date on which the application was filed in the country

concerned, whatever may be the subsequent fate of the application.

B. Consequently, any subsequent filing in any of the other countries of the

Union before the expiration of the periods referred to above shall not be

invalidated by reason of any acts accomplished in the interval, in

particular, another filing, the publication or exploitation of the

invention, the putting on sale of copies of the design, or the use of the

mark, and such acts cannot give rise to any third-party right or any right

of personal possession. Rights acquired by third partie before the date of

the first application that serves as the basis for the right of priority

are reserved in accordance with the domestic legislation of each country of

the Union.

C. (1) The periods of priority referred to above shall be twelve months for

patents and utility models, and six months for industrial designs and

trademarks.

(2) These periods shall start from the date of filing of the first

application; the day of filing shall not be included in the period.

(3) If the last day of the period is an official holiday, or a day when the

Office is not open for the filing of applications in the country where

protection is claimed, the period shall be extended until the first

following working day.

(4) A subsequent application concerning the same subject as a previous

first application within the meaning of paragraph (2), above, filed in the

same country of the Union, shall be considered as the first application, of

which the filing date shall be the starting point of the period of

priority, if, at the time of filing the subsequent application, the said

previous application has been withdrawn, abandoned, or refused, without

having been laid open to public inspection and without leaving any rights

outstanding, and if it has not yet served as a basis for claiming a right

of priority. The previous application may not thereafter serve as a basis

for claiming a right of priority.

D. (1) Any person desiring to take advantage of the priority of a previous

filing shall be required to make a declaration indicating the date of such

filing and the country in which it was made. Each country shall determine

the latest date on which such declaration must be made.

(2) These particulars shall be mentioned in the publications issued by the

competent authority, and in particular in the patents and the

specifications relating thereto.

(3) The countries of the Union may require any person making a declaration

of priority to produce a copy of the application (description, drawings,

etc.) previously filed. The copy, certifid as correct by the authority

which received such application, shall not require any authentication, and

may in any case be filed, without fee, at any time within three months of

the filing of the subsequent application. They may require it to be

accompanied by a certificate from the same authority showing the date of

filing, and by a translation.

(4) No other formalities may be required for the declaration of priority at

the time of filing the application. Each country of the Union shall

determine the consequences of failure to comply with the formalities

prescribed by this Article, but such consequences shall in no case go

beyond the loss of the right of priority.

(5) Subsequently, further proof may be required.

Any person who avails himself of the priority of a previous application

shall be required to specify the number of that application; this number

shall be published as provided for by paragraph (2), above.

E. (1) Where an industrial design is filed in a country by virtue of a

right of priority based on the filing of a utility model, the period of

priority shall be the same as that fixed for industrial designs.

(2) Furthermore, it is permissible to file a utility model in a country by

virtue of a right of priority based on the filing of a patent application,

and vice versa.

F. No country of the Union may refuse a priority or a patent application on

the ground that the applicant claims multiple priorities, even if they

originate in different countries, or on the ground that an application

claiming one or more priorities contains one or more elements that were not

included in the application or applications whose priority is claimed,

provided that, in both cases, there is unity of invention within the

meaning of the law of the country.

With respect to the elements not included in the application or

applications whose priority is claimed, the filing of the subsequent

application shall give rise to a right of priority under ordinary

conditions.

G. (1) If the examination reveals that an application fo a patent contains

more than one invention, the applicant may divide the application into a

certain number of divisional applications and preserve as the date of each

the date of the initial application and the benefit of the right of

priority, if any.

(2) The applicant may also, on his own initiative, divide a patent

application and preserve as the date of each divisional application the

date of the initial application and the benefit of the right of priority,

if any. Each country of the Union shall have the right to determine the

conditions under which such division shall be authorized.

H. Priority may not be refused on the ground that certain elements of the

invention for which priority is claimed do not appear among the claims

formulated in the application in the country of origin, provided that the

application documents as a whole specifically disclose such elements.

I. (1) Applications for inventors' certificates filed in a country in which

applicants have the right to apply at their own option either for a patent

or for an inventor's certificate shall give rise to the right of priority

provided for by this Article, under the same conditions and with the same

effects as applications for patents.

(2) In a country in which applicants have the right to apply at their own

option either for a patent or for an inventor's certificate, an applicant

for an inventor's certificate shall, in accordance with the provisions of

this Article relating to patent applications, enjoy a right of priority

based on an application for a patent, a utility model, or an inventor's

certificate.

Article 4bis

(1) Patents applied for in the various countries of the Union by nationals

of countries of the Union shall be independent of patents obtained for the

same invention in other countries, whether members of the Union or not.

(2) The foregoing provision is to be understood in an unrestricted sense,

in particular, in the sense that patents applied for during the period of

priority are independent, bth as regards the grounds for nullity and

forfeiture, and as regards their normal duration.

(3) The provision shall apply to all patents existing at the time when it

comes into effect.

(4) Similarly, it shall apply, in the case of the accession of new

countries, to patents in existence on either side at the time of accession.

(5) Patents obtained with the benefit of priority shall, in the various

countries of the Union, have a duration equal to that which they would

have, had they been applied for or granted without the benefit of priority.

Article 4ter

The inventor shall have the right to be mentioned as such in the patent.

Article 4quater

The grant of a patent shall not be refused and a patent shall not be

invalidated on the ground that the sale of the patented product or of a

product obtained by means of a patented process is subject to restrictions

or limitations resulting from the domestic law.

Article 5

A. (1) Importation by the patentee into the country where the patent has

been granted of articles manufactured in any of the countries of the Union

shall not entail forfeiture of the patent.

(2) Each country of the Union shall have the right to take legislative

measures providing for the grant of compulsory licenses to prevent the

abuses which might result from the exercise of the exclusive rights

conferred by the patent, for example, failure to work.

(3) Forfeiture of the patent shall not be provided for except in cases

where the grant of compulsory licenses would not have been sufficient to

prevent the said abuses. No proceedings for the forfeiture or revocation of

a patent may be instituted before the expiration of two years from the

grant of the first compulsory license.

(4) A compulsory license may not be applied for on the ground of failure to

work or insufficient working before the expiration of a period of four

years from the date of filing of the patent application or three years from

the date of th grant of the patent, whichever period expires last; it

shall be refused if the patentee justifies his inaction by legitimate

reasons. Such a compulsory license shall be non-exclusive and shall not be

transferable, even in the form of the grant of a sub-license, except with

that part of the enterprise or goodwill which exploits such license.

(5) The foregoing provisions shall be applicable, mutatis mutandis, to

utility models.

B. The protection of industrial designs shall not, under any circumstance,

the subject to any forfeiture, either by reason of failure to work or by

reason of the importation of articles corresponding to those which are

protected.

C. (1) If, in any country, use of the registered mark is compulsory, the

registration may be cancelled only after a reasonable period, and then only

if the person concerned does not justify his inaction.

(2) Use of a trademark by the proprietor in a form differing in elements

which do not alter the distinctive character of the mark in the form in

which it was registered in one of the countries of the Union shall not

entail invalidation of the registration and shall not diminish the

protection granted to the mark.

(3) Concurrent use of the same mark on identical or similar goods by

industrial or commercial establishments considered as co-proprietors of the

mark according to the provisions of the domestic law of the country where

protection is claimed shall not prevent registration or diminish in any way

the protection granted to the said mark in any country of the Union,

provided that such use does not result in misleading the public and is not

contrary to the public interest.

D. No indication or mention of the patent, of the utility model, of the

registration of the trademark, or of the deposit of the industrial design,

shall be required upon the goods as a condition of recognition of the right

to protection.

Article 5bis

(1) A period of grace of not less than six months shall be allowed for the

payment of the fees prescribed or the maintenance of industrial property

rights, subject, if the domestic legislation so provides, to the payment of

a surcharge.

(2) The countries of the Union shall have the right to provide for the

restoration of patents which have lapsed by reason of non-payment of fees.

Article 5rer

In any country of the Union the following shall not be considered as

infringements of the rights of a patentee:

1. the use on board vessels of other countries of the Union of devices

forming the subject of his patent in the body of the vessel, in the

machinery, tackle, gear and other accessories, when such vessels

temporarily or accidentally enter the waters of the said country,

provided that such devices are used there exclusively for the needs

of the vessel;

2. the use of devices forming the subject of the patent in the

construction or operation of aircraft or land vehicles of other

countries of the Union, or of accessories of such aircraft or land

vehicles, when those aircraft or land vehicles temporarily or

accidentally enter the said country.

Article 5quater

When a product is imported into a country of the Union where there exists a

patent protecting a process of manufacture of the said product, the

patentee shall have all the rights, with regard to the imported product,

that are accorded to him by the legislation of the country of importation,

on the basis of the process patent, with respect to products manufactured

in that country.

Article 5quinquies

Industrial designs shall be protected in all the countries of the Union.

Article 6

(1) The conditions for the filing and registration of trademarks shall be

determined in each country of the Union by its domestic legislation.

(2) However, an application for the registration of a mark filed by a

national of a country of the Union in any country of the Union may not be

refused, nor may a registration be invalidated, on the ground that fling,

registration, or renewal, has not been effected in the country of origin.

(3) A mark duly registered in a country of the Union shall be regarded as

independent of marks registered in the other countries of the Union,

including the country of origin.

Article 6bis

(1) The countries of the Union undertake, ex officio if their legislation

so permits, or at the request of an interested party, to refuse or to

cancel the registration, and to prohibit the use, of a trademark which

constitutes a reproduction, an imitation, or a translation, liable to

create confusion, of a mark considered by the competent authority of the

country of registration or use to be well known in that country as being

already the mark of a person entitled to the benefits of this Convention

and used for identical or similar goods. These provisions shall also apply

when the essential part of the mark constitutes a reproduction of any such

well-known mark or an imitation liable to create confusion therewith.

(2) A period of at least five years from the date of registration shall be

allowed for requesting the cancellation of such a mark. The countries of

the Union may provide for a period within which the prohibition of use must

be requested.

(3) No time limit shall be fixed for requesting the cancellation or the

prohibition of the use of marks registered or used in bad faith.

A Article 6ter

(1) (a) The countries of the Union agree to refuse or to invalidate the

registration, and to prohibit by appropriate measures the use, without

authorization by the competent authorities, either as trademarks or as

elements of trademarks, of armorial bearings, flags, and other State

emblems, of the countries of the Union, official signs and hallmarks

indicating control and warranty adopted by them, and any imitation from a

heraldic point of view.

(b) The provisions of subparagraph (a), above, shall apply equally to

armorial bearings, flags, other emblems, abbreviations, and names, of

internatonal intergovernmental organizations of which one or more

countries of the Union are members, with the exception of armorial

bearings, flags, other emblems, abbreviations, and names, that are already

the subject of international agreements in force, intended to ensure their

protection.

(c) No country of the Union shall be required to apply the provisions of

subparagraph (b), above, to the prejudice of the owners of rights acquired

in good faith before the entry into force, in that country, of this

Convention. The countries of the Union shall not be required to apply the

said provisions when the use or registration referred to in subparagraph

(a), above, is not of such a nature as to suggest to the public that a

connection exists between the organization concerned and the armorial

bearings, flags, emblems, abbreviations, and names, or if such use or

registration is probably not of such a nature as to mislead the public as

to the existence of a connection between the user and the organization.

(2) Prohibition of the use of official signs and hallmarks indicating

control and warranty shall apply solely in cases where the marks in which

they are incorporated are intended to be used on goods of the same or a

similar kind.

(3) (a) For the application of these provisions, the countries of the Union

agree to communicate reciprocally, through the intermediary of the

International Bureau, the list of State emblems, and official signs and

hallmarks indicating control and warranty, which they desire, or may

hereafter desire, to place wholly or within certain limits under the

protection of this Article, and all subsequent modifications of such list.

Each country of the Union shall in due course make available to the public

the lists so communicated.

Nevertheless such communication is not obligatory in respect of flags of

States.

(b) The provisions of subparagraph (b) of paragraph (1) of this Article

shall apply only to such armorial bearings, flags, other emblems,

abbreviations, and names, of international intergovernmetal organizations

as the latter have communicated to the countries of the Union through the

intermediary of the International Bureau.

(4) Any country of the Union may, within a period of twelve months from the

receipt of the notification, transmit its objections, if any, through the

intermediary of the International Bureau, to the country or international

intergovernmental organization concerned.

(5) In the case of State flags, the measures prescribed by paragraph (1),

above, shall apply solely to marks registered after November 6, 1925.

(6) In the case of State emblems other than flags, and of official signs

and hallmarks of the countries of the Union, and in the case of armorial

bearings, flags, other emblems, abbreviations, and names, of international

intergovernmental organizations, these provisions shall apply only to marks

registered more than two months after receipt of the communication provided

for in paragraph (3), above.

(7) In cases of bad faith, the countries shall have the right to cancel

even those marks incorporating State emblems, signs, and hallmarks, which

were registered before November 6, 1925.

(8) Nationals of any country who are authorized to make use of the State

emblems, signs, and hallmarks, of their country may use them even if they

are similar to those of another country.

(9) The countries of the Union undertake to prohibit the unauthorized use

in trade of the State armorial bearings of the other countries of the

Union, when the use is of such a nature as to be misleading as to the

origin of the goods.

(10) The above provisions shall not prevent the countries from exercising

the right given in paragraph (3) of Article 6quinquies, Section B, to

refuse or to invalidate the registration of marks incorporating, without

authorization, armorial bearings, flags, other State emblems, or official

signs and hallmarks adopted by a country of the Union, as well as the

distinctive signs of international intergovernmental organizations referred

to in paragraph (1), above.

Article 6quater

(1) When, in accordance with the law of a country of the Union, the

assignment of mark is valid only if it takes place at the same time as the

transfer of the business or goodwill to which the mark belongs, it shall

suffice for the recognition of such validity that the portion of the

business or goodwill located in that country be transferred to the

assignee, together with the exclusive right to manufacture in the said

country, or to sell therein, the goods bearing the mark assigned.

(2) The foregoing provision does not impose upon the countries of the Union

any obligation to regard as valid the assignment of any mark the use of

which by the assignee would, in fact, be of such a nature as to mislead the

public, particularly as regards the origin, nature, or essential qualities,

of the goods to which the mark is applied.

Article 6quinquies

A. (1) Every trademark duly registered in the country of origin shall be

accepted for filing and protected as is in the other countries of the

Union, subject to the reservations indicated in this Article. Such

countries may, before proceeding to final registration, require the

production of a certificate of registration in the country of origin,

issued by the competent authority. No authentication shall be required for

this certificate.

(2) Shall be considered the country of origin the country of the Union

where the applicant has a real and effective industrial or commercial

establishment, or, if he has no such establishment within the Union, the

country of the Union where he has his domicile, or, if he has no domicile

within the Union but is a national of a country of the Union, the country

of which he is a national.

B. Trademarks covered by this Article may be neither denied registration

nor invalidated except in the following cases:

1. when they are of such a nature as to infringe rights acquired by

third parties in the country where protection is claimed;

2. when they are devoid of any distinctive charater, or consist

exclusively of signs or indications which may serve, in trade, to

designate the kind, quality, quantity, intended purpose, value, place

of origin, of the goods, or the time of production, or have become

customary in the current language or in the bona fide and established

practices of the trade of the country where protection is claimed;

3. when they are contrary to morality or public order and, in

particular, of such a nature as to deceive the public. It is

understood that a mark may not be considered contrary to public order

for the sole reason that it does not conform to a provision of the

legislation on marks, except if such provision itself relates to

public order.

This provision is subject, however, to the application of Article 10bis.

C. (1) In determining whether a mark is eligible for protection, all the

factual circumstances must be taken into consideration, particularly the

length of time the mark has been in use.

(2) No trademark shall be refused in the other countries of the Union for

the sole reason that it differs from the mark protected in the country of

origin only in respect of elements that do not alter its distinctive

character and do not affect its identity in the form in which it has been

registered in the said country of origin.

D. No person may benefit from the provisions of this Article if the mark

for which he claims protection is not registered in the country of origin.

E. However, in no case shall the renewal of the registration of the mark in

the country of origin involve an obligation to renew the registration in

the other countries of the Union in which the mark has been registered.

F. The benefit of priority shall remain unaffected for applications for the

registration of marks filed within the period fixed by Article 4, even if

registration in the country of origin is effected after the expiration of

such period.

Article 6sexies

The countries of the Union undertake to protectservice marks. They shall

not be required to provide for the registration of such marks.

Article 6septies

(1) If the agent or representative of the person who is the proprietor of a

mark in one of the countries of the Union applies, without such

proprietor's authorization, for the registration of the mark in his own

name, in one or more countries of the Union, the proprietor shall be

entitled to oppose the registration applied for or demand its cancellation

or, if the law of the country so allows, the assignment in his favor of the

said registration, unless such agent or representative justifies his

action.

(2) The proprietor of the mark shall, subject to the provisions of

paragraph (1), above, be entitled to oppose the use of his mark by his

agent or representative if he has not authorized such use.

(3) Domestic legislation may provide an equitable time limit within which

the proprietor of a mark must exercise the rights provided for in this

Article.

Article 7

The nature of the goods to which a trademark is to be applied shall in no

case form an obstacle to the registration of the mark.

Article 7bis

(1) The countries of the Union undertake to accept for filing and to

protect collective marks belonging to associations the existence of which

is not contrary to the law of the country of origin, even if such

associations do not possess an industrial or commercial establishment.

(2) Each country shall be the judge of the particular conditions under

which a collective mark shall be protected and may refuse protection if the

mark is contrary to the public interest.

(3) Nevertheless, the protection of these marks shall not be refused to any

association the existence of which is not contrary to the law of the

country of origin, on the ground that such association is not established

in the country where protection is sought or is not constituted according

to the law of the latter country.

Articl 8

A trade name shall be protected in all the countries of the Union without

the obligation of filing or registration, whether or not it forms part of a

trademark.

Article 9

(1) All goods unlawfully bearing a trademark or trade name shall be seized

on importation into those countries of the Union where such mark or trade

name is entitled to legal protection.

(2) Seizure shall likewise be effected in the country where the unlawful

affixation occurred or in the country into which the goods were imported.

(3) Seizure shall take place at the request of the public prosecutor, or

any other competent authority, or any interested party, whether a natural

person or a legal entity, in conformity with the domestic legislation of

each country.

(4) The authorities shall not be bound to effect seizure of goods in

transit.

(5) If the legislation of a country does not permit seizure on importation,

seizure shall be replaced by prohibition of importation or by seizure

inside the country.

(6) If the legislation of a country permits neither seizure on importation

nor prohibition of importation nor seizure inside the country, then, until

such time as the legislation is modified accordingly, these measures shall

be replaced by the actions and remedies available in such cases to

nationals under the law of such country.

Article 10

(1) The provisions of the preceding Article shall apply in cases of direct

or indirect use of a false indication of the source of the goods or the

identity of the producer, manufacturer, or merchant.

(2) Any producer, manufacturer, or merchant, whether a natural person or a

legal entity, engaged in the production or manufacture of or trade in such

goods and established either in the locality falsely indicated as the

source, or in the region where such locality is situated, or in the country

falsely indicated, or in the country where the false indication of source

is used, shall in any case be deemed an interested party.

Article 10bis

(1) The countries of the Union are bound to assure to nationals of such

countries effective protection against unfair competition.

(2) Any act of competition contrary to honest practices in industrial or

commercial matters constitutes an act of unfair competition.

(3) The following in particular shall be prohibited:

1. all acts of such a nature as to create confusion by any means

whatever with the establishment, the goods, or the industrial or

commercial activities, of a competitor;

2. false allegations in the course of trade of such a nature as to

discredit the establishment, the goods, or the industrial or

commercial activities, of a competitor;

3. indications or allegations the use of which in the course of trade is

liable to mislead the public as to the nature, the manufacturing

process, the characteristics, the suitability for their purpose, or

the quantity, of the goods.

Article 10ter

(1) The countries of the Union undertake to assure to nationals of the

other countries of the Union appropriate legal remedies effectively to

repress all the acts referred to in Articles 9, 10, and 10bis.

(2) They undertake, further, to provide measures to permit federations and

associations representing interested industrialists, producers, or

merchants, provided that the existence of such federations and associations

is not contrary to the laws of their countries, to take action in the

courts or before the administrative authorities, with a view to the

repression of the acts referred to in Articles 9, 10, and 10bis, in so far

as the law of the country in which protection is claimed allows such action

by federations and associations of that country.

Article 11

(1) The countries of the Union shall, in conformity with their domestic

legislation, grant temporary protection to patentable inventions, utility

models, industrial designs, and trademarks, in respect of goods exhibited

at official o officially recognized international exhibitions held in the

territory of any of them.

(2) Such temporary protection shall not extend the periods provided by

Article 4. If, later, the right of priority is invoked, the authorities of

any country may provide that the period shall start from the date of

introduction of the goods into the exhibition.

(3) Each country may require, as proof of the identity of the article

exhibited and of the date of its introduction, such documentary evidence as

it considers necessary.

Article 12

(1) Each country of the Union undertakes to establish a special industrial

property service and a central office for the communication to the public

of patents, utility models, industrial designs, and trademarks.

(2) This service shall publish an official periodical journal. It shall

publish regularly:

(a) the names of the proprietors of patents granted, with a brief

designation of the inventions patented;

(b) the reproductions of registered trademarks.

Article 13

(1) (a) The Union shall have an Assembly consisting of those countries of

the Union which are bound by Articles 13 to 17.

(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 Union and the implementation of this Convention;

(ii) give directions concerning the preparation for conferences of

revision to the International Bureau of Intellectual Property

(hereinafter designated as "the International Bureau") referred to in

the Convention establishing the World Intellectual Property

Organization (hereinafter designated as "the Organization"), due

account being taken of any comments made by those countries of the

Union which are not bound by Artiles 13 to 17;

(iii)review and approve the reports and activities of the Director General

of the Organization concerning the Union, and give him all necessary

instructions concerning matters within the competence of the Union;

(iv) elect the members of the Executive Committee of the Assembly;

(v) review and approve the reports and activities of its Executive

Committee, and give instructions to such Committee;

(vi) determine the program and adopt the triennial budget of the Union,

and approve its final accounts;

(vii) adopt the financial regulations of the Union;

(viii)establish such committees of experts and working groups as it deems

appropriate to achieve the objectives of the Union;

(ix) determine which countries not members of the Union and which

intergovernmental and international non-governmental organizations

shall be admitted to its meetings as observers;

(x) adopt amendments to Articles 13 to 17;

(xi) take any other appropriate action designed to further the objectives

of the Union;

(xii)perform such other functions as are appropriate under this

Convention;

(xiii) subject to its acceptance, exercise such rights as are given to it

in the Convention establishing the Organization.

(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) Subject to the provisions of subparagraph (b), a delegate may

represent one country only.

(b) Countries of the Union grouped under the terms of a special agreement

in a common office possessing for each of them the character of a special

national service of industrial property as referred to in Article 12 may be

jointly represented during discussions by one of their number.

(4) (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) Notwithstandig 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 17 (2), the decisions of the

Assembly shall require two thirds of the votes cast.

(e) Abstentions shall not be considered as votes.

(5) (a) Subject to the provisions of subparagraph (b), a delegate may vote

in the name of one country only.

(b) The countries of the Union referred to in paragraph (3) (b) shall, as a

general rule, endeavor to send their own delegations to the sessions of the

Assembly. If, however, for exceptional reasons, any such country cannot

send its own delegation, it may give to the delegation of another such

country the power to vote in its name, provided that each delegation may

vote by proxy for one country only. Such power to vote shall be granted in

a document signed by the Head of State or the competent Minister.

(6) Countries of the Union not members of the Assembly shall be admitted to

the meetings of the latter as observers.

(7) (a) The Assembly shall meet once in every third calendar year in

ordinary session upon convocation by the Director General and, in the

absence of exceptional circumsances, 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 the Executive Committee or at the

request of one fourth of the countries members of the Assembly.

(8) The Assembly shall adopt its own rules of procedure.

Article 14

(1) The Assembly shall have an Executive Committee.

(2) (a) The Executive Committee shall consist of countries elected by the

Assembly from among countries members of the Assembly. Furthermore, the

country on whose territory the Organization has its headquarters shall,

subject to the provisions of Article 16 (7) (b), have an ex officio seat on

the Committee.

(b) The Government of each country member of the Executive Committee 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.

(3) The number of countries members of the Executive Committee shall

correspond to one fourth of the number of countries members of the

Assembly. In establishing the number of seats to be filled, remainders

after division by four shall be disregarded.

(4) In electing the members of the Executive Committee, the Assembly shall

have due regard to an equitable geographical distribution and to the need

for countries party to the Special Agreements established in relation with

the Union to be among the countries constituting the Executive Committee.

(5) (a) Each member of the Executive Committee shall serve from the close

of the session of the Assembly which elected it to the close of the next

ordinary session of the Assembly.

(b) Members of the Executive Committee may be re-elected, but only up to a

maximum of two thirds of such members.

(c) The Assembly shall establish the details of the rules governing the

election and possible re-election of the members of the Executive

Committee.

(6) (a The Executive Committee shall:

(i) prepare the draft agenda of the Assembly;

(ii) submit proposals to the Assembly in respect of the draft program and

triennial budget of the Union prepared by the Director General;

(iii)approve, within the limits of the program and the triennial budget,

the specific yearly budgets and programs prepared by the Director

General;

(iv) submit, with appropriate comments, to the Assembly the periodical

reports of the Director General and the yearly audit reports on the

accounts;

(v) take all necessary measures to ensure the execution of the program of

the Union by the Director General, in accordance with the decisions

of the Assembly and having regard to circumstances arising between

two ordinary sessions of the Assembly;

(vi) perform such other functions as are allocated to it under this

Convention.

(b) With respect to matters which are of interest also to other Unions

administered by the Organization, the Executive Committee shall make its

decisions after having heard the advice of the Coordination Committee of

the Organization.

(7) (a) The Executive Committee shall meet once a year in ordinary session

upon convocation by the Director General, preferably during the same period

and at the same place as the Coordination Committee of the Organization.

(b) The Executive Committee shall meet in extraordinary session upon

convocation by the Director General, either on his own initiative, or at

the request of its Chairman or one fourth of its members.

(8) (a) Each country member of the Executive Committee shall have one vote.

(b) One-half of the members of the Executive Committee shall constitute a

quorum.

(c) Decisions shall be made by a simple majority of the votes cast.

(d) Abstentions shall not be considered as votes.

(e) A delegate may represent, and vote in the name of, one country only.

(9) Countries of the Union not members of the Executive Committee shall be

admitted to its meetings as observers.

(10) The Executive Comittee shall adopt its own rules of procedure.

Article 15

(1) (a) Administrative tasks concerning the Union shall be performed by the

International Bureau, which is a continuation of the Bureau of the Union

united with the Bureau of the Union established by the International

Convention for the Protection of Literary and Artistic Works.

(b) In particular, the International Bureau shall provide the secretariat

of the various organs of the Union.

(c) The Director General of the Organization shall be the chief executive

of the Union and shall represent the Union.

(2) The International Bureau shall assemble and publish information

concerning the protection of industrial property. Each country of the Union

shall promptly communicate to the International Bureau all new laws and

official texts concerning the protection of industrial property.

Furthermore, it shall furnish the International Bureau with all the

publications of its industrial property service of direct concern to the

protection of industrial property which the International Bureau may find

useful in its work.

(3) The International Bureau shall publish a monthly periodical.

(4) The International Bureau shall, on request, furnish any country of the

Union with information on matters concerning the protection of industrial

property.

(5) The International Bureau shall conduct studies, and shall provide

services, designed to facilitate the protection of industrial property.

(6) The Director General and any staff member designated by him shall

participate, without the right to vote, in all meetings of the Assembly,

the Executive Committee, and any other committee of experts or working

group. The Director General, or a staff member designated by him, shall be

ex officio secretary of these bodies.

(7) (a) The International Bureau shall, in accordance with the directions

of the Assembly and in cooperation with the Executive Committee, make the

preparations for the conferences of revision of the provisions of the

Convention othe than Articles 13 to 17.

(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 these conferences.

(8) The International Bureau shall carry out any other tasks assigned to

it.

Article 16

(1) (a) The Union shall have a budget.

(b) The budget of the Union shall include the income and expenses proper to

the 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 Union but also to one or

more other Unions administered by the Organization shall be considered as

expenses common to the Unions. The share of the Union in such common

expenses shall be in proportion to the interest the Union has in them.

(2) The budget of the 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 Union shall be financed from the following sources:

(i) contributions of the countries of the Union;

(ii) fees and charges due for services rendered by the International

Bureau in relation to the Union;

(iii)sale of, or royalties on, the publications of the International

Bureau concerning the Union;

(iv) gifts, bequests, and subventions;

(v) rents, interests, and other miscellaneous income.

(4) (a) For the purpose of establishing its contribution towards the

budget, each country of the Union shall belong to a class, and shall pay

its annual contributions on the basis of a number of units fixed as

follows:

Class I 25

Class II 20

Class III 15

Class IV 10

Class V 5

Class VI 3

ClassVII 1

(b) Unless it has already done so, each country shall indicate,

concurrently with depositing its instrument of ratification or accession,

the class to which it wishes to belong. Any country may change class. If it

chooses a lower class, the country must announce such change to the

Assembly at one of its ordinary sessions. Any such change shall take effect

at the beginning of the calendar year following the said session.

(c) The annual contribution of each country shall be an amount in the same

proportion to the total sum to be contributed to the budget of the Union by

all countries as the number of its units is to the total of the units of

all contributing countries.

(d) Contributions shall become due on the first of January of each year.

(e) A country which is in arrears in the payment of its contributions may

not exercise its right to vote in any of the organs of the Union of which

it is a member if the amount of its arrears equals or exceeds the amount of

the contributions due from it for the preceding two full years. However,

any organ of the Union may allow such a country to continue to exercise its

right to vote in that organ if, and as long as, it is satisfied that the

delay in payment is due to exceptional and unavoidable circumstances.

(f) 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) The amount of the fees and charges due for services rendered by the

International Bureau in relation to the Union shall be established, and

shall be reported to the Assembly and the Executive Committee, by the

Director General.

(6) (a) The Union shall have a working capital fund which shall be

constituted by a single payment made by each country of the 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 poportion of the

contribution of that country 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 these 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. As

long as it remains under the obligation to grant advances, such country

shall have an ex officio seat on the Executive Committee.

(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 Union or by external auditors, as provided in the

financial regulations. They shall be designated, with their agreement, by

the Assembly.

Article 17

(1) Proposals for the amendment of Articles 13, 14, 15, 16, and the present

Article, may be initiated by any country member of the Assembly, by the

Executive Committee, 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 to the Articles 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 13, and to the present

paragraph, shall require four fifths of te votes cast.

(3) Any amendment to the Articles 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

to the said Articles 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, provided that any

amendment increasing the financial obligations of countries of the Union

shall bind only those countries which have notified their acceptance of

such amendment.

Article 18

(1) This Convention shall be submitted to revision with a view to the

introduction of amendments designed to improve the system of the Union.

(2) For that purpose, conferences shall be held successively in one of the

countries of the Union among the delegates of the said countries.

(3) Amendments to Articles 13 to 17 are governed by the provisions of

Article 17.

Article 19

It is understood that the countries of the Union reserve the right to make

separately between themselves special agreements for the protection of

industrial property, in so far as these agreements do not contravene the

provisions of this Convention.

Article 20

(1) (a) Any country of the Union which has signed this Act may ratify it,

and, if it has not signed it, may accede to it. Instruments of ratification

and accession shall be deposited with the Director General.

(b) Any country of the Union may declare in its instrument of ratification

or accession that its ratification or accession shall not apply:

(i) to Articles 1 to 12, or

(ii) to Articles 13 to 17.

(c) Any country of the Union which, in accordance with subparagraph (b),

has excluded from the effects of its ratification or ccession one of the

two groups of Articles referred to in that subparagraph may at any later

time declare that it extends the effects of its ratification or accession

to that group of Articles. Such declaration shall be deposited with the

Director General.

(2) (a) Articles 1 to 12 shall enter into force, with respect to the first

ten countries of the Union which have deposited instruments of ratification

or accession without making the declaration permitted under paragraph (1)

(b) (i), three months after the deposit of the tenth such instrument of

ratification or accession.

(b) Articles 13 to 17 shall enter into force, with respect to the first ten

countries of the Union which have deposited instruments of ratification or

accession without making the declaration permitted under paragraph (1) (b)

(ii), three months after the deposit of the tenth such instrument of

ratification or accession.

(c) Subject to the initial entry into force, pursuant to the provisions of

subparagraphs (a) and (b), of each of the two groups of Articles referred

to in paragraph (1) (b) (i) and (ii), and subject to the provisions of

paragraph (1) (b), Articles 1 to 17 shall, with respect to any country of

the Union, other than those referred to in subparagraphs (a) and (b), which

deposits an instrument of ratification or accession or any country of the

Union which deposits a declaration pursuant to paragraph (1) (c), enter

into force three months after the date of notification by the Director

General of such deposit, unless a subsequent date has been indicated in the

instrument or declaration deposited. In the latter case, this Act shall

enter into force with respect to that country on the date thus indicated.

(3) With respect to any country of the Union which deposits an instrument

of ratification or accession, Articles 18 to 30 shall enter into force on

the earlier of the dates on which any of the groups of Articles referred to

in paragraph (1) (b) enters into force with respect to that country

pursuant to paragraph (2) (a), (b), or c).

Article 21

(1) Any country outside the Union may accede to this Act and thereby become

a member of the Union. Instruments of accession shall be deposited with the

Director General.

(2) (a) With respect to any country outside the Union which deposits its

instrument of accession one month or more before the date of entry into

force of any provisions of the present Act, this Act shall enter into

force, unless a subsequent date has been indicated in the instrument of

accession, on the date upon which provisions first enter into force

pursuant to Article 20(2) (a) or (b); provided that:

(i) if Articles 1 to 12 do not enter into force on that date, such

country shall, during the interim period before the entry into force

of such provisions, and in substitution therefor, be bound by

Articles 1 to 12 of the Lisbon Act,

(ii) if Articles 13 to 17 do not enter into force on that date, such

country shall, during the interim period before the entry into force

of such provisions, and in substitution therefor, be bound by

Articles 13 and 14(3), (4), and (5), of the Lisbon Act.

If a country indicates a subsequent date in its instrument of accession,

this Act shall enter into force with respect to that country on the date

thus indicated.

(b) With respect to any country outside the Union which deposits its

instrument of accession on a date which is subsequent to, or precedes by

less than one month, the entry into force of one group of Articles of the

present Act, this Act shall, subject to the proviso of subparagraph (a),

enter into force three months after the date on which its accession has

been notified by the Director General, unless a subsequent date has been

indicated in the instrument of accession. In the latter case, this Act

shall enter into force with respect to that country on the date thus

indicated.

(3) With respect to any country outside the Union which deposits its

instrument of accession after the date of entry into force of the present

Act i its entirety, or less than one month before such date, this Act

shall enter into force three months after the date on which its accession

has been notified by the Director General, unless a subsequent date has

been indicated in the instrument of accession. In the latter case, this Act

shall enter into force with respect to that country on the date thus

indicated.

Article 22

Subject to the possibilities of exceptions provided for in Articles 20 (1)

(b) and 28(2), ratification or accession shall automatically entail

acceptance of all the clauses and admission to all the advantages of this

Act.

Article 23

After the entry into force of this Act in its entirety, a country may not

accede to earlier Acts of this Convention.

Article 24

(1) Any country may declare in its instrument of ratification or accession,

or may inform the Director General by written notification any time

thereafter, that this Convention shall be applicable to all or part of

those territories, designated in the declaration or notification, for the

external relations of which it is responsible.

(2) Any country which has made such a declaration or given such a

notification may, at any time, notify the Director General that this

Convention shall cease to be applicable to all or part of such territories.

(3) (a) Any declaration made under paragraph (1) shall take effect on the

same date as the ratification or accession in the instrument of which it

was included, and any notification given under such paragraph shall take

effect three months after its notification by the Director General.

(b) Any notification given under paragraph (2) shall take effect twelve

months after its receipt by the Director General.

Article 25

(1) Any country party to this Convention undertakes to adopt, in accordance

with its constitution, the measures necessary to ensure the application of

this Convention.

(2) It is understood that, at the time acountry deposits its instrument of

ratification or accession, it will be in a position under its domestic law

to give effect to the provisions of this Convention.

Article 26

(1) This Convention shall remain in force without limitation as to time.

(2) Any country may denounce this Act by notification addressed to the

Director General. Such denunciation shall constitute also denunciation of

all earlier Acts and shall affect only the country making it, the

Convention remaining in full force and effect as regards the other

countries of the Union.

(3) Denunciation shall take effect one year after the day on which the

Director General has received the notification.

(4) The right of denunciation provided by this Article shall not be

exercised by any country before the expiration of five years from the date

upon which it becomes a member of the Union.

Article 27

(1) The present Act shall, as regards the relations between the countries

to which it applies, and to the extent that it applies, replace the

Convention of Paris of March 20, 1883, and the subsequent Acts of revision.

(2) (a) As regards the countries to which the present Act does not apply,

or does not apply in its entirety, but to which the Lisbon Act of October

31, 1958, applies, the latter shall remain in force in its entirety or to

the extent that the present Act does not replace it by virtue of paragraph

(1).

(b) Similarly, as regards the countries to which neither the present Act,

nor portions thereof, nor the Lisbon Act applies, the London Act of June 2,

1934 shall remain in force in its entirety or to the extent that the

present Act does not replace it by virtue of paragraph (1).

(c) Similarly, as regards the countries to which neither the present Act,

nor portions thereof, nor the Lisbon Act, nor the London Act applies, the

Hague Act of November 6, 1925, shall remain in force in its entirety or to

the extent that the present Act does not replace it by virtue of paragraph

(1).

(3) Coutries outside the Union which become party to this Act shall apply

it with respect to any country of the Union not party to this Act or which,

although party to this Act, has made a declaration pursuant to Article 20

(1) (b) (i). Such countries recognize that the said country of the Union

may apply, in its relations with them, the provisions of the most recent

Act to which it is party.

Article 28

(1) Any dispute between two or more countries of the Union concerning the

interpretation or application of this Convention, not settled by

negotiation, may, by any one of the countries concerned, be brought before

the International Court of Justice by application in conformity with the

Statute of the Court, unless the countries concerned agree on some other

method of settlement. The country bringing the dispute before the Court

shall inform the International Bureau; the International Bureau shall bring

the matter to the attention of the other countries of the Union.

(2) Each country may, at the time it signs this Act or deposits its

instrument of ratification or accession, declare that it does not consider

itself bound by the provisions of paragraph (1). With regard to any dispute

between such country and any other country of the Union, the provisions of

paragraph (1) shall not apply.

(3) Any country having made a declaration in accordance with the provisions

of paragraph (2) may, at any time, withdraw its declaration by notification

addressed to the Director General.

Article 29

(1) (a) This Act shall be signed in a single copy in the French language

and shall be deposited with the Government of Sweden.

(b) Official texts shall be established by the Director General, after

consultation with the interested Governments, in the English, German,

Italian, Portuguese, Russian and Spanish languages, and such other

languages as the Assembly may designate.

(c) In case of differences of opinion on the interpretation of the various

texts, the French text shall preail.

(2) This Act shall remain open for signature at Stockholm until January 13,

1968.

(3) The Director General shall transmit two copies, certified by the

Government of Sweden, of the signed text of this Act to the Governments of

all countries of the Union and, on request, to the Government of any other

country.

(4) The Director General shall register this Act with the Secretariat of

the United Nations.

(5) The Director General shall notify the Governments of all countries of

the Union of signatures, deposits of instruments of ratification or

accession and any declarations included in such instruments or made

pursuant to Article 20 (1) (c), entry into force of any provisions of this

Act, notifications of denunciation, and notifications pursuant to Article

24.

Article 30

(1) Until the first Director General assumes office, references in this Act

to the International Bureau of the Organization or to the Director General

shall be deemed to be references to the Bureau of the Union or its

Director, respectively.

(2) Countries of the Union not bound by Articles 13 to 17 may, until five

years after the entry into force of the Convention establishing the

Organization, exercise, if they so desire, the rights provided under

Articles 13 to 17 of this Act as if they were bound by those Articles. Any

country desiring to exercise such rights shall give written notification to

that effect to the Director General; such notification shall be effective

from the date of its receipt. Such countries shall be deemed to be members

of the Assembly until the expiration of the said period.

(3) As long as all the countries of the Union have not become Members of

the Organization, the International Bureau of the Organization shall also

function as the Bureau of the Union, and the Director General as the

Director of the said Bureau.

(4) Once all the countries of the Union have become Members of the

Organization, the rights, obligations, and property, of the Bureau of the

Union shall devolve on the Intrnational Bureau of the Organization.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have

signed this Act.

DONE at Stockholm, on July 14, 1967.