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 March 24, 1971,
as amended on September 28, 1979
The Contracting Parties,
Considering that the universal adoption of a uniform system of classification of patents, inventors’ certificates, utility models and utility certificates is in the general interest and is likely to establish closer international cooperation in the industrial property field, and to contribute to the harmonization of national legislation in that field,
Recognizing the importance of the European Convention on the International Classification of Patents for Invention, of December 19, 1954, under which the Council of Europe created the International Classification of Patents for Invention,
Having regard to the universal value of this Classification, and to its importance to all countries party to the Paris Convention for the Protection of Industrial Property,
Having regard to the importance to developing countries of this Classification, which gives them easier access to the ever-expanding volume of modern technology,
Having regard to Article 19 of the 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,
Agree as follows:
Article 1
Establishment of a Special Union;
Adoption of an International Classification
The countries to which this Agreement applies constitute a Special Union and adopt a common classification for patents for invention, inventors’ certificates, utility models and utility certificates, to be known as the “International Patent Classification” (hereinafter designated as the “Classification”).
Article 2
Definition of the Classification
(1)
(a) The Classification comprises:
(i) the text which was established pursuant to the provisions of the European Convention on the International Classification of Patents for Invention of December 19, 1954 (hereinafter designated as the “European Convention”), and which came into force and was published by the Secretary General of the Council of Europe on September 1, 1968;
(ii) the amendments which have entered into force pursuant to Article 2(2) of the European Convention prior to the entry into force of this Agreement;
(iii) the amendments made thereafter in accordance with Article 5 which enter into force pursuant to the provisions of Article 6.
(b) The Guide and the notes included in the text of the Classification are an integral part thereof.
(2)
(a) The text referred to in paragraph (1)(a)(i) is contained in two authentic copies, each in the English and French languages, deposited, at the time that this Agreement is opened for signature, one with the Secretary General of the Council of Europe and the other with the Director General of the World Intellectual Property Organization (hereinafter respectively designated “Director General” and “Organization”) established by the Convention of July 14, 1967.
(b) The amendments referred to in paragraph (1)(a)(ii) shall be deposited in two authentic copies, each in the English and French languages, one with the Secretary General of the Council of Europe and the other with the Director General.
(c) The amendments referred to in paragraph (1)(a)(iii) shall be deposited in one authentic copy only, in the English and French languages, with the Director General.
Article 3
Languages of the Classification
(1) The Classification shall be established in the English and French languages, both texts being equally authentic.
(2) Official texts of the Classification, in German, Japanese, Portuguese, Russian, Spanish and in such other languages as the Assembly referred to in Article 7 may designate, shall be established by the International Bureau of the Organization (hereinafter designated as the “International Bureau”), in 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.
Article 4
Use of the Classification
(1) The Classification shall be solely of an administrative character.
(2) Each country of the Special Union shall have the right to use the Classification either as a principal or as a subsidiary system.
(3) The competent authorities of the countries of the Special Union shall include in
(i) patents, inventors’ certificates, utility models and utility certificates issued by them, and in applications relating thereto, whether published or only laid open for public inspection by them, and
(ii) notices, appearing in official periodicals, of the publication or laying open of the documents referred to in subparagraph (i)