来源:知识产权学术与实务研究网 作者: 时间:2008-06-11 阅读数:
Done at Vienna on June 12, 1973
as amended on October 1, 1985
TABLE OF CONTENTS1
Article 1: Establishment of a Special Union; Adoption of an International Classification
Article 2: Definition and Deposit of the Classification of Figurative Elements
Article 3: Languages of the Classification of Figurative Elements
Article 4: Use of the Classification of Figurative Elements
Article 5: Committee of Experts
Article 6: Notification, Entry Into Force and Publication of Amendments and Additions and of Other Decisions
Article 7: Assembly of the Special Union
Article 8: International Bureau
Article 9: Finances
Article 10: Revision of the Agreement
Article 11: Amendment of Certain Provisions of the Agreement
Article 12: Becoming Party to the Agreement
Article 13: Entry Into Force of the Agreement
Article 14: Duration of the Agreement
Article 15: Denunciation
Article 16: Disputes
Article 17: Signature, Languages, Depositary Functions, Notifications
The Contracting Parties,
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,
Have agreed 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 the figurative elements of marks (hereinafter designated as “the Classification of Figurative Elements”).
Article 2
Definition and Deposit of the Classification of Figurative Elements
(1) The Classification of Figurative Elements comprises a list of categories, divisions and sections in which the figurative elements of marks are classified, together with, as the case may be, explanatory notes.
(2) The Classification of Figurative Elements is contained in one authentic copy, in the English and French languages, signed by the Director General of the World Intellectual Property Organization (hereinafter designated respectively as “the Director General” and “the Organization”) and deposited with him at the time that this Agreement is opened for signature.
(3) The amendments and additions referred to in Article 5(3)(i) shall also be contained in one authentic copy, in the English and French languages, signed by the Director General and deposited with him.
Article 3
Languages of the Classification of Figurative Elements
(1) The Classification of Figurative Elements shall be established in the English and French languages, both texts being equally authentic.
(2) The International Bureau of the Organization (hereinafter designated as “the International Bureau”) shall establish, in consultation with the interested Governments, official texts of the Classification of Figurative Elements in the languages which the Assembly referred to in Article 7 may designate in accordance with paragraph (2)(a)(vi) of that Article.
Article 4
Use of the Classification of Figurative Elements
(1) Subject to the requirements prescribed by this Agreement, the scope of the Classification of Figurative Elements shall be that attributed to it by each country of the Special Union. In particular, the Classification of Figurative Elements shall not bind the countries of the Special Union in respect of the extent of the protection afforded to the mark.
(2) The competent Offices of the countries of the Special Union shall have the right to use the Classification of Figurative Elements either as a principal or as a subsidiary system.
(3) The competent Offices of the countries of the Special Union shall include in the official documents and publications relating to registrations and renewals of marks the numbers of the categories, divisions and sections in which the figurative elements of those marks are to be placed.
(4) The said numbers shall be preceded by the words “Classification of Figurative Elements” or an abbreviation thereof to be determined by the Committee of Experts referred to in Article 5.
(5) Any country may, at the time of its signature or of the deposit of its instrument of ratification or accession, declare that it does not undertake to include the numbers of all or some of the sections in official documents and publications relating to registrations and renewals of marks.
(6) If any country of the Special Union entrusts the registration of marks to an intergovernmental authority, it shall take all possible measures to ensure that that authority uses the Classification of Figurative Elements in accordance with this Article.