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Locarno Agreement Establishing an International Classification for Industrial De

来源:知识产权学术与实务研究网  作者:  时间:2008-06-11  阅读数:

Signed at Locarno on October 8, 1968
as amended on September 28, 1979
TABLE OF CONTENTS

Article 1: Establishment of a Special Union; Adoption of an International Classification.
Article 2: Use and Legal Scope of the International Classification.
Article 3: Committee of Experts. 
Article 4: Notification and Publication of the Classification and of Amendments and Additions Thereto. 
Article 5: Assembly of the Special Union. 
Article 6: International Bureau. 
Article 7: Finances. 
Article  8: Amendment of Articles 5 to 8. 
Article 9: Ratification and Accession; Entry Into Force 
Article  10: Force and Duration of the Agreement 
Article 11: Revision of Articles 1 to 4 and 9 to 15 
Article 12: Denunciation. 
Article 13: Territories. 
Article 14: Signature, Languages, Notifications. 
Article 15: Transitional Provision. 
Annex:
 List of Classes and Subclasses of the International Classification

 

Article 1
Establishment of a Special Union; Adoption of an International Classification

 

(1) The countries to which this Agreement applies constitute a Special Union.

(2) They adopt a single classification for industrial designs (hereinafter designated as “the international classification”).

(3) The international classification shall comprise:

(i) a list of classes and subclasses;

(ii) an alphabetical list of goods in which industrial designs are incorporated, with an indication of the classes and subclasses into which they fall;

(iii) explanatory notes.

(4) The list of classes and subclasses is the list annexed to the present Agreement, subject to such amendments and additions as the Committee of Experts set up under Article 3 (hereinafter designated as “the Committee of Experts”) may make to it.

(5) The alphabetical list of goods and the explanatory notes shall be adopted by the Committee of Experts in accordance with the procedure laid down in Article 3.

(6) The international classification may be amended or supplemented by the Committee of Experts, in accordance with the procedure laid down in Article 3.

(7)

(a) The international classification shall be established in the English and French languages.

(b) Official texts of the international classification, in such other languages as the Assembly referred to in Article 5 may designate, shall be established, after consultation with the interested Governments, by 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”).

 

Article 2
Use and Legal Scope of the International Classification

 

(1) Subject to the requirements prescribed by this Agreement, the international classification shall be solely of an administrative character. Nevertheless, each country may attribute to it the legal scope which it considers appropriate. In particular, the international classification shall not bind the countries of the Special Union as regards the nature and scope of the protection afforded to the design in those countries.

(2) Each country of the Special Union reserves the right to use the international classification as a principal or as a subsidiary system.

(3) The Offices of the countries of the Special Union shall include in the official documents for the deposit or registration of designs, and, if they are officially published, in the publications in question, the numbers of the classes and subclasses of the international classification into which the goods incorporating the designs belong.

(4) In selecting terms for inclusion in the alphabetical list of goods, the Committee of Experts shall exercise reasonable care to avoid using terms in which exclusive rights may exist. The inclusion of any word in the alphabetical index, however, is not an expression of opinion of the Committee of Experts on whether or not it is subject to exclusive rights.

 

Article 3
Committee of Experts

 

(1) A Committee of Experts shall be entrusted with the tasks referred to in Article 1(4), 1(5) and 1(6). Each country of the Special Union shall be represented on the Committee of Experts, which shall be organized according to rules of procedure adopted by a simple majority of the countries represented.

(2) The Committee of Experts shall adopt the alphabetical list and explanatory notes by a simple majority of the votes of the countries of the Special Union.

(3) Proposals for amendments or additions to the international classification may be made by the Office of any country of the Special Union or by the International Bureau. Any proposal emanating from an Office shall be communicated by that Office to the International Bureau. Proposals from Offices and from the International Bureau shall be transmitted by the latter to the members of the Committee of Experts not later than two months before the session of the Committee at which the said proposals are to be considered.

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