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Nice Agreement Concerning the International Classification of Goods and Services

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

of June 15, 1957,
as revised at Stockholm on July 14, 1967,
and at Geneva on May 13, 1977,
and amended on September 28, 1979
TABLE OF CONTENTS2

Article 1: Establishment of a Special Union; Adoption of an International Classification; Definition and Languages of the Classification

Article 2: Legal Effect and Use of the Classification

Article 3: Committee of Experts

Article 4: Notification, Entry Into Force and Publication of Changes

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: Duration

Article 11: Revision

Article 12: Denunciation

Article 13: Reference to Article 24 of the Paris Convention

Article 14: Signature; Languages; Depositary Functions; Notifications
 

 

Article 1
Establishment of a Special Union;
Adoption of an International Classification;
Definition and Languages of the Classification

 

(1) The countries to which this Agreement applies constitute a Special Union and adopt a common classification of goods and services for the purposes of the registration of marks (hereinafter designated as “the Classification”).

(2) The Classification consists of:

(i) a list of classes, together with, as the case may be, explanatory notes;

(ii) an alphabetical list of goods and services (hereinafter designated as “the alphabetical list”) with an indication of the class into which each of the goods or services falls.

(3) The Classification comprises:

(i) the classification published in 1971 by the International Bureau of Intellectual Property (hereinafter designated as “the International Bureau”) referred to in the Convention Establishing the World Intellectual Property Organization, it being understood, however, that the explanatory notes to the list of classes included in that publication shall be regarded as provisional and as recommendations until such time as explanatory notes to the list of classes are established by the Committee of Experts referred to in Article 3;

(ii) the amendments and additions which have entered into force, pursuant to Article 4(1) of the Nice Agreement of June 15, 1957, and of the Stockholm Act of July 14, 1967, of that Agreement, prior to the entry into force of the present Act;

(iii) any changes to be made in accordance with Article 3 of this Act and which enter into force pursuant to Article 4(1) of this Act.

(4) The Classification shall be in the English and French languages, both texts being equally authentic.

(5)

(a) The classification referred to in paragraph (3)(i), together with those amendments and additions referred to in paragraph (3)(ii) which have entered into force prior to the date this Act is opened for signature, is contained in one authentic copy, in the French language, deposited with the Director General of the World Intellectual Property Organization (hereinafter designated respectively “the Director General” and “the Organization”). Those amendments and additions referred to in paragraph (3)(ii) which enter into force after the date this Act is opened for signature shall also be deposited in one authentic copy, in the French language, with the Director General.

(b) The English version of the texts referred to in subparagraph (a) shall be established by the Committee of Experts referred to in Article 3 promptly after the entry into force of this Act. Its authentic copy shall be deposited with the Director General.

(c) The changes referred to in paragraph (3)(iii) shall be deposited in one authentic copy, in the English and French languages, with the Director General.

(6) Official texts of the Classification, in Arabic, German, Italian, Portuguese, Russian, Spanish and in such other languages as the Assembly referred to in Article 5 may designate, shall be established by the Director General, after consultation with the interested Governments and either on the basis of a translation submitted by those Governments or by any other means which do not entail financial implications for the budget of the Special Union or for the Organization.

(7) The alphabetical list shall mention, opposite each indication of goods or services, a serial number that is specific to the language in which the said list is established, together with:

(i) in the case of the alphabetical list established in English, the serial number mentioned in respect of the same indication in the alphabetical list established in French, and vice versa;

(ii) in the case of any alphabetical list established pursuant to paragraph (6), the serial number mentioned in respect of the same indication in the alphabetical list established in English or in the alphabetical list established in French.

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