International Madrid Agreement on Trademarks
Signed on April 14, 1891, revised in Brussels on November 14, 1900, revised in Washington on June 2, 1911, in November 1925 Amended at The Hague on the 6th, London on June 2, 1934, Nice on June 15, 1957, July 14, 1967, and Stockholm on October 2, 1979.
Article 1 Establishment of a special alliance; application for trademark registration to the International Bureau, definition of country of origin
(1) The countries to which this Agreement applies form a special alliance for the international registration of trademarks.
(2) Nationals of each Contracting State may, through the competent authorities of their country of origin, apply to the International Bureau of Intellectual Property (hereinafter referred to as the "International Office") to obtain protection in all other Member States of this Agreement for a mark registered in the country of origin for use in goods or services.
(3) The country of origin refers to the country of the Special Union where the applicant has a real and effective industrial and commercial office. If there is no such business office in the country of the Special Union, it refers to the country of the Special Union where the copy is made. country; if he has no residence within the territory of the Special Union but is a national of a country of the Special Union, it refers to the country where his nationality is located.
Article 2 Regarding Article 3 of the Paris Convention (Granting equal treatment to certain categories of persons as nationals of the Union)
Nationals of countries that have not acceded to this Agreement shall not Those who meet the conditions stipulated in Article 3 of the Paris Convention for the Protection of Industrial Property in the territory of the Special Union shall be treated equally with nationals of the contracting states.
Article 3 Contents of the application for international registration
(1) The application for international registration shall be submitted in the format specified in the rules. The competent authority of the country of origin of the trademark shall certify that the content of the application is consistent with the national The contents in the register are consistent and indicate the date and number of the trademark's application and registration in the country of origin and the filing date of the international registration.
(2) The applicant should specify the goods or services for which trademark protection is applied for. If possible, the applicant should also specify the corresponding category according to the classification table established by the Nice Agreement on the International Classification of Goods and Services for Trademark Registration. If the applicant does not specify a category, the International Bureau shall classify the relevant goods or services into the corresponding category. The category designated by the applicant must be reviewed by the International Bureau together with the competent authority of the country. In the event of any disagreement between the national competent authority and the International Bureau, the opinion of the International Bureau shall prevail.
(3) If the applicant requires the protection of color as a distinctive component of his trademark, he shall:
1. State the request for such protection, and indicate in the application the color requested for protection. and color combination;
2. Attach a color drawing of the trademark to the application. The drawing shall be attached to the notification issued by the International Bureau. The number of copies of the drawing shall be stipulated in the Rules.
(4) The International Bureau shall immediately register the trademark applied for registration in accordance with Article 1. If the International Bureau receives the international application within two months after the applicant files the international application in the country of origin, the date of receipt of the application in the country of origin shall be the date of registration. The International Bureau shall notify the competent authority concerned of the registration. Registered trademarks should be announced in publications published by the International Bureau according to the contents of the registration application. For trademarks containing graphic elements and special fonts, the rules will stipulate whether the applicant should provide a negative.
(5) In order to publish a registered trademark in all contracting countries, each competent authority shall, in accordance with the number of units and the conditions specified in the rules specified in Article 16, paragraph 4 (1), of the Paris Convention for the Protection of Industrial Property, The institution shall receive a proportionate number of free copies and reduced-price publications from the International Bureau. This Proclamation shall be considered by all Contracting States to be in full force and effect. and the applicant may not request any other announcements.
Article 3-2 Territorial Restrictions
(1) Each Contracting State may at any time notify the Director General of the Organization (hereinafter referred to as the "Director General") in writing to obtain protection through international registration. Only Expansion to that country can only occur if the trademark owner specifically applies for it.
(2) The notification shall take effect 6 months after the date of notification by the Director General to other Contracting States.
Article 3-3 "Territorial Extension" Application
(1) Protection obtained through international registration, if the application is extended to a person who enjoys the rights specified in Article 3-2 The country shall be specifically indicated in the application referred to in Article 3, paragraph 1.
(2) Application for territorial extension after international registration shall be submitted through the competent authority of the country of origin in accordance with the format specified in the rules. The International Bureau should immediately register the application for territorial extension, and then notify the relevant competent authority of the registration and publish it in a regular journal published by the International Bureau. The territorial extension will take effect from the date of registration in the International Register and will expire when the international registration of the relevant trademark expires. .
Article 4 Effect of International Registration
(1) From the date of registration by the International Bureau in accordance with the provisions of Article 3 and Article 3ter, the trademark shall be registered in the relevant Contracting States. Protect. It should be as if the trademark was registered directly in that country. The categories of goods and services provided for in Article 3 shall not bind Contracting States in determining trademark protection.
(2) Each trademark applying for international registration enjoys the priority stipulated in Article 4 of the Paris Convention for the Protection of Industrial Property and does not need to perform the various procedures stipulated in paragraph 4 of that article.
Article 4-2 Substituting an International Registration for a Previous National Registration
(1) A trademark that has been applied for registration in one or more Contracting States is subsequently registered with the same owner or other The name of the successor to the right is registered by the International Bureau. The international registration shall be deemed to replace the earlier national registration and shall not affect the rights acquired through the earlier national registration.
(2) The national competent authority shall, upon request, record the international registration in its register.
Article 5 Rejection by the National Competent Authority
(1) After notifying the national competent authority of the registration of a trademark or the filing of an application for extension of protection under Article 3ter, the International Bureau shall In countries where the law permits, the relevant competent authority has the right to declare that protection cannot be granted to the trademark in its territory. In accordance with the provisions of the Paris Convention for the Protection of Industrial Property, such refusal can only be filed under the conditions applicable to the application for national registration of a trademark, but Protection should not be rejected or even partially rejected solely on the basis that national law only allows registration for certain categories or certain goods or services.
(2) The competent authority that wishes to exercise this right shall do so within the time limit specified by its national law and at the latest from the date of international registration of the trademark or filing of an application for extension of protection in accordance with Article 3ter. At the expiration of one year, the International Bureau shall be notified of the rejection and all the reasons shall be stated.
(3) The International Bureau shall immediately forward one copy of the rejection statement received to the competent authority of the country of origin and the trademark owner. If the competent authority has specified the trademark owner’s agent to the International Bureau, , then transfer it to its agent. Just as the party concerned applies directly for trademark registration to the country that refused protection, he should have the same right to appeal.
(4) The International Bureau shall, at the request of any relevant party, notify it of all the reasons for rejecting the trademark.
(5) If within the above-mentioned maximum period of one year, the competent authority fails to notify the International Bureau of any provisional or final rejection decision regarding trademark registration or application for extension of protection, the above-mentioned trademark shall lose the enjoyment of Article 1 of this Article. rights stipulated in this paragraph.
(6) If the trademark owner fails to promptly safeguard its rights, the competent authority shall not declare the international trademark invalid. The invalidity shall be notified to the International Bureau.
Article 5-2 Documents proving the legality of the use of certain components of a trademark
The competent authorities of each contracting state may require the use of certain components of the trademark, such as coats of arms, emblems, portraits , medals, titles, business names or surnames other than those of the applicant, or similar inscriptions, and provide legality certification documents. Such documents only need to be authenticated or certified by the competent authority of the country of origin, and everything else should be exempted.
Article 5ter Copies of matters recorded in the International Register, prior inquiry; extracts from the International Register
(1) The International Bureau shall, upon request by any person, levy the fees specified in the Regulations , provide it with a copy of the registration of a certain trademark in the register.
(2) The International Bureau may also conduct advance searches of international trademarks for a fee.
(3) Excerpts from the International Register requested by a Contracting State for reproduction shall be exempt from all authentication.
Article 6: Validity period of international registration, independence of international registration; suspension of protection in the country of origin
(1) The validity period of a trademark registered with the International Bureau is 20 years, and may be Renewal subject to the conditions set out in Article 7.
(2) When five years have passed since the date of international registration, the registration will be independent of the national trademark previously registered in the country of origin, except for the provisions of the following paragraph.
(3) If within one year from the date of international registration, the national trademark previously registered according to Article 1 no longer enjoys legal protection in whole or in part in the country of origin, then no matter whether the international registration has been transferred, it shall not obtain such protection in whole or in part.
This provision also applies if legal protection is suspended due to filing of a lawsuit before the expiration of the five-year period.
(4) In case of voluntary cancellation or administrative cancellation, the competent authority of the country of origin shall apply to the International Bureau for cancellation of the trademark, and the International Bureau shall cancel the trademark. In the event of legal proceedings, the above-mentioned competent authorities shall act on their own initiative or at the request of the plaintiff. A copy of the indictment or other document evidencing the prosecution and the final judgment are sent to the International Bureau, which records it in the International Register.
Renewal of Article 7 International Registration
In (1), the renewal period is 20 years from the expiration of the previous period. The renewal only requires the payment of the basic registration fee. If necessary, pay the additional registration fee and supplementary registration fee specified in Article 8, Paragraph 2.
(2) Renewal shall not cause any changes to the final status of the previous period of registration.
(3) According to the Nice Protocol of June 15, 1957 or this Protocol, the first renewal should specify the international classification category related to the registration.
(4) Six months before the expiration of the protection period, the International Bureau shall send an informal notice to remind the trademark registrant and his agent of the exact expiration date.
(5) If the surcharge stipulated in the rules has been paid, a 6-month extension period shall be given to the renewal of the international registration.
Article 8: National fees; international registration fees; distribution of surplus additional registration fees and supplementary registration fees
(1) The competent authority of the country of origin has the right to stipulate and apply for Owners of internationally registered or renewed trademarks are charged state fees.
(2) International registration fees must be paid in advance when registering a trademark with the International Bureau, including:
1. Basic registration fee;
2. Products using the trademark Or if the category of services exceeds three categories of the international classification, additional registration fees for each category exceeded;
3. Supplementary registration fees for applying for extended protection in accordance with Article 3-3.
(3) However, if the number of categories of goods or services is determined or disputed by the International Bureau and does not affect the date of registration, the fee specified in paragraph 2 (2) shall be paid within the time limit specified in the Rules. additional registration fees. At the expiration of the above period, if the applicant has not paid the additional registration fee or has not deleted the goods or services, the application for international registration will be deemed to have been abandoned.
(4) Annual income from various international registration fees. Except as provided in paragraph 2(2) and (3), after deducting all expenses required for the implementation of this Protocol, the International Bureau shall divide them equally among the countries participating in this Protocol. States that have not ratified or acceded to this Protocol at the time it enters into force shall, prior to ratification or accession, be entitled to a share of the revenue surplus calculated under the previous protocol to which they applied.
(5) The amount of additional registration fees stipulated in Paragraph 2(2) shall be distributed in proportion to the countries participating in this Protocol or the 1957 June For countries that are parties to the Nice Protocol on September 15, for countries that conduct pre-examination, the number must be multiplied by the coefficient specified in the rules. Countries that have not ratified or acceded to this Protocol at the time it enters into force shall be entitled to their share calculated under the Nice Protocol until they ratify or accede.
(6) The income from the supplementary registration fee specified in paragraph 2(3) shall be distributed among the countries exercising the rights specified in Article 3-bis in accordance with the conditions of paragraph 5. Countries that have not yet ratified or acceded to this Protocol when it enters into force shall be entitled to their shares calculated under the Nice Protocol until they ratify or accede.
Article 8bis Waiver of protection in one or more countries
The owner of an international registration may renounce protection in one or more countries at any time by submitting a declaration to the International Bureau through the competent authority of his or her country. protection of foreign contracting states. The International Bureau notifies the country involved in the renunciation of protection of this declaration, and no fee shall be charged for the renunciation of protection.
Article 9 Changes, deletions, additions, and substitutions of goods and services recorded in the national register that affect the international registration
(1) Changes that affect the international registration , the competent authority of the trademark owner's home country should also notify the International Bureau of cancellation, cancellation, abandonment, transfer and other changes made to various trademarks in its home country's register.
(2) The International Bureau shall record these changes in the International Register, notify the competent authorities of each Contracting State, and announce them in its publications.
(3) The same procedure should be adopted when the owner of an international registration applies to delete the goods or services to which the registration applies.
(4) Fees stipulated in the rules shall be paid for handling such matters.
(5) If you add goods or services after registration, you should reapply in accordance with the provisions of Article 3.
(6) Substituting one good or service for another shall be deemed to have added one.
Article 9-2 Changes in the country of the owner caused by the transfer of international trademarks
(1) A trademark registered in the International Register is transferred to a national of a Contracting State other than the country of the owner of the international registration , the competent authority of the transferring country shall notify the International Bureau of the transfer. The International Bureau shall register the transfer. Notify other competent authorities and publish an announcement in publications. The transfer takes place within five years of international registration. The International Bureau shall obtain the consent of the competent authority of the country of the new owner. If possible, the registration date and registration number of the trademark in the country of the new owner should be announced.
(2) If a trademark registered in the International Register is transferred to a person who does not have the right to apply for an international trademark, the transfer will not be registered.
(3) If the transfer cannot be registered in the International Register due to the refusal of the owner’s country to consent, or because the transfer is to a person who does not have the right to apply for international registration, the competent authority of the original owner’s home country has the right to Request the International Bureau to cancel the mark from its register. Article 9ter transfers an international trademark only for part of the registration, goods or services or only for some contracting countries; Regarding Article 9quater of the Paris Convention (Assignment of Trademarks)
(1) The International Bureau receives only Notification of the transfer of an international trademark in respect of part of a registered trademark or services shall be entered in the register. If the transferred trademark or service part is similar to the goods and services retained by the transferor, each contracting country has the right to refuse to recognize the effectiveness of the transfer.
(2) If an international trademark is transferred only to one or more contracting countries, the International Bureau shall also register the transfer.
(3) Under the above circumstances, if the country of the owner changes and the international trademark is transferred within 5 years from the international registration, the competent authority of the country of the new owner shall recognize the trademark in accordance with Article 9-2. transfer.
(4) The application of the above paragraphs shall be implemented in accordance with Article 6quater of the Paris Convention for the Protection of Industrial Property.
Article 9-quater The competent authorities of several Contracting States; several Contracting States request to be treated as one country
(1) Several countries of the Special Union unify their In the case of national trademark laws, the Director General may be notified.
1. Replace the competent authority of each country with the same competent authority.
2. The above-mentioned countries shall be deemed to be one country for the purpose of fully or partially implementing the previous provisions of this article.
(2) This notification shall take effect 6 months after the date of notification by the Director General to other Contracting States.
Article 10 General Assembly of the Special Union
(1)(1) The Special Union shall establish an assembly composed of countries that have ratified or acceded to this Protocol.
(2) Each government should have one representative, who may be assisted by a number of deputy representatives, consultants and experts.
(3) The expenses of the delegation, except for the travel expenses and living allowance of one representative from each member country, which are borne by the Special Alliance, are all borne by the sending government.
(2)1. The responsibilities of the General Assembly are:
(1) Handle all matters related to the maintenance and development of the Special Alliance and the implementation of this Agreement.
(2) Provide instructions to the International Bureau on the preparations for the revision meeting, after due consideration of the opinions of the Member States of the Special Union that have not ratified or acceded to this Protocol;
(3 ) Amend the rules and determine the amount of the registration fee and other fees for international registration mentioned in Article 8(2);
(4) Review and approve the Director General’s report and activities on this Special Union , and provide various necessary instructions to the Director-General on matters within the jurisdiction of the Special Union;
(5) Decide on the plan of the Special Union, adopt the biennial budget, and approve its final accounts.
(6) Adopt the financial rules of this special alliance;
(7) In order to realize the purpose of this special alliance, establish expert committees and working groups that the conference deems necessary;
(8) Decide which countries that are not members of the Special Union, as well as intergovernmental organizations and non-governmental international organizations, to participate in the meeting as observers;
(9) Adopt the provisions of Articles 10 to 1 Modification of Article 13;
(10) To carry out any other appropriate activities in order to realize the purpose of this special alliance;
(11) To perform other duties stipulated in this Agreement.
2. For matters related to other alliances under the jurisdiction of this organization, the conference should make decisions after listening to the recommendations of the coordination committee of this organization.
(3) 1. All member states of the General Assembly have one vote.
2. Half of the member states of the General Assembly constitute a quorum.
3. In addition to the provisions of item (2), at any meeting, the number of countries attending the meeting is less than half of the members of the conference, but when it reaches or exceeds 1/3, the conference may make a decision, except In addition to decisions regarding its own procedures, resolutions of the General Assembly shall be effective only if the following conditions are met. The International Bureau shall notify the Member States of the General Assembly not present at the above-mentioned resolution and ask them to vote in writing or abstain from voting within 3 months from the date of notification. At the end of the period, the number of countries voting or abstaining must reach at least the quorum of the meeting itself, and at the same time reach the necessary majority for such a resolution to take effect.
4. Except for the provisions of paragraph 2 of Article 13, resolutions of the conference require 2/3 of the votes to be made.
5. Abstention shall not be regarded as a vote.
6. A representative can only represent one country and can only vote in the name of that country.
7. Among the member states of this Special Union that are not members of the General Assembly, they shall attend the meetings of the General Assembly as observers.
(4) 1. The General Assembly holds a regular meeting every two years. The meeting is convened by the Director-General and held at the same time and at the same place as the General Assembly of the organization, except for special circumstances.
2. At the request of 1/4 of the member states of the General Assembly, the Director General shall convene a special meeting of the General Assembly.
3. The agenda of each meeting shall be set by the Director-General.
(5) The conference adopts its own internal rules.
Article 11 International Bureau
(1) 1. The International Bureau handles international registrations and other administrative tasks undertaken by the Special Union.
2. In particular, the International Bureau should prepare for meetings of the General Assembly and provide a secretariat for the General Assembly and any expert committees and working groups that may be established.
3. The Director-General is the highest official of the Special Alliance and represents the Special Alliance.
(2) The Director General and any staff member designated by him shall participate in all meetings of the conference and the expert committees and working groups established by the conference, but shall not have the right to vote. The Director General or any staff member designated by him shall participate in these meetings. Ex-officio Secretary of the Agency.
(3)1. The International Bureau shall, in accordance with the instructions of the General Assembly, prepare for meetings to amend other provisions of this Agreement except Articles 10 to 13.
2. The International Bureau may consult with intergovernmental organizations and non-governmental organizations on the preparations for the revision meeting.
3. The Director General and his designees shall participate in the discussions at these meetings but shall not have the right to vote.
(4) The International Bureau shall carry out any of its tasks.
Article 12 Finance
(1) 1. The Special Union shall have a budget.
2. The budget of the Special Union includes the Special Union itself The share of the income and expenses of each union *** and the funds used for the budget of the conference of member states of the organization when necessary.
3. Simultaneously allocate to the special union and the organization The expenses of one or more other alliances under its jurisdiction shall be regarded as the common expenses of each alliance. The share of this special alliance in the common expenses shall be proportional to the benefits brought by such expenses to it.
(2) Formulate the pre-budget of the Special Union based on the need to coordinate with the budgets of other alliances under the jurisdiction of the organization.
(3) The sources of funds for the budget of the Special Union are as follows;
1. International registration fees and other fees as well as fees and monies derived from other services provided by the International Bureau in the name of this Special Union;
2. Related to this Special Union Income from publications of the International Bureau or royalties therefrom;
3. 'Donations', bequests and grants;
4. Rent, interest and other income.
( 4) 1. The amount of registration fees and other fees related to international registration referred to in Article 8, paragraph 2, shall be determined by the General Assembly on the proposal of the Director General.
The total income from fees and other charges shall be balanced against the expenses of the International Bureau in connection with the Special Union.
2. Additional registration fees and supplementary registration fees referred to in Article 8, paragraph 2, item 2'3 In addition, the amount of fees determined should at least balance the total income from registration fees, fees and other charges of the Special Union with the expenses of the International Bureau related to the Special Union.
3. The budget fails to be within the The budget adopted before the beginning of the new fiscal year shall continue to be implemented in the manner prescribed by the financial rules.
(5) The amount of fees and monies receivable by the International Bureau for providing other services to the Special Union, Except as stipulated in Paragraph 4, Item 1, the Director General shall determine and report to the General Assembly.
(6)1. This Special Union has a surrounding fund, which is composed of a lump sum payment from the countries of this Special Union. When the fund is insufficient , the General Assembly shall decide to increase the fund.
2. The initial payment of each country to the above-mentioned fund or its share in the increase of the fund shall be consistent with the establishment of the fund or the decision to increase the fund as a member of the Paris Alliance for the Protection of Industrial Property. proportional to the share paid to the Paris Union in that year.
3. The proportion and conditions of payment shall be decided by the General Assembly based on the proposal of the Director-General and after hearing the opinions of the Coordination Committee of the Organization.
4. As long as the General Assembly approves the use of the reserve fund of the Special Union as a working capital fund, the General Assembly may suspend the implementation of the provisions of Articles 1, 2 and 3.
(7) 1. Upon agreement with the country where the organization is located In the headquarters agreement, it should be stipulated that when the turnover is insufficient, the country should provide advance payment. The amount and conditions of these advances shall be signed separately between the country and the organization as appropriate.
2. The preceding paragraph refers to Both the country and the organization have the right to terminate the agreement to provide advance payment by written notice. The abolition shall take effect three years from the end of the year of notification.
(8) In accordance with the provisions of the financial rules, the audit of the accounts shall be carried out by the organization. The special alliance is conducted by one or more countries, or by external auditors. The auditor shall be designated by the General Assembly and shall obtain the prior consent of the individual.
Amendment of Article 13 to Articles 10 to 13
(1) Article 10, Article 11, Article 12 and the modification of this Article shall be proposed by any member of the General Assembly or the Director General. The proposal shall be considered by the General Assembly at least 6 times The Director General shall notify the member states of the General Assembly three months in advance.
(2) Modifications to the articles referred to in paragraph 1 and this paragraph must be approved by the General Assembly, and approval requires 3/4 votes. However, Article 10 and modifications to this paragraph, a 4/5 vote is required.
(3) Any modifications to the provisions referred to in paragraph 1 shall take effect one month after the Director General receives the written notice of acceptance. .Notice of acceptance shall be submitted by 3/4 of the member states of the General Assembly at the time of adoption of the amendment in accordance with the provisions of their respective constitutions. The amendment of the above provisions shall be binding on all members when it comes into effect or on member states that join later. p>
Article 14 Ratification and accession; entry into force; accession to prior protocols; Article 24 (territory) of the Paris Convention
(1) The member states of this Special Union have signed this Protocol , may ratify this Protocol, and those that have not yet signed may accede to this Protocol.
(2) 1. Countries that are not members of the Special Union and are members of the Paris Convention for the Protection of Industrial Property may accede to this Protocol, Become a member of this Special Union.
2. Once the International Bureau receives notification that such a country has acceded to this Protocol, it shall send to the competent authority of that country a copy of the mark then enjoying international protection in accordance with Article 3. Summary notification.
3. The notification shall ensure that these trademarks enjoy the above-mentioned benefits within the territory of the country to which they belong, and indicate the starting date of the one-year period during which the relevant competent authority may Make the declaration specified in Article 5.
4. However, when the above-mentioned countries accede to this Protocol, they may declare that this Protocol only applies to trademarks registered after the accession of that country takes effect, but which were previously registered in that country. If a national registration identical to the trademark has been obtained and is still valid, and can be recognized as an international trademark upon the request of the relevant parties, this case does not apply.
5. This declaration shall exempt the International Bureau from issuing the above summary notification. Within one year from the date of accession of a new country, the International Bureau shall issue notifications only to trademarks for which the exceptions in paragraph 4 are requested and accompanied by necessary explanations.
Notice.
6. The International Bureau will not issue a notification to countries that declare their request for the application of the rights provided for in Article 3bis when acceding to this Protocol. Such countries may also declare at the same time that this Protocol shall apply only to marks registered as of the date on which their accession becomes effective; but this restriction shall not affect international marks which have been equivalent to national registrations in such countries and shall not affect the provisions of Article 3ter's Article 8(2). An international trademark for which an application for territorial extension has been filed and notified under paragraph (3).
7. The registration of a trademark in the notification provided for in this paragraph shall be deemed to have replaced the registration of a trademark registered in that country before the effective date of accession of the new Contracting State. Direct registration.
(3) Instruments of ratification and accession shall be sent to the Director General for preservation.
(4) 1. For the first 5 countries that submitted instruments of ratification or accession, This Protocol shall enter into force 3 months from the deposit of the fifth document.
2. For any other country, this Protocol shall enter into force 3 months from the date of notification by the Director-General of that country’s instrument of ratification or accession. It will enter into force months later, unless a later date is specified in the instrument of ratification or accession. In the latter case, this Protocol will enter into force for that country on the date of entry into force specified by it.
(5) Ratifying or joining means of course accepting all the provisions of the Protocol and enjoying all the benefits of this Protocol.
(6) After this Protocol comes into effect, a country can only participate in the 1957 June 1957 Convention only if it ratifies or joins this Protocol at the same time. Protocols prior to the Nice Protocol of 15 September.
(7) The provisions of Article 24 of the Paris Convention for the Protection of Industrial Property shall apply to this Agreement.
Article 15 Withdrawal from the Treaty
(1) This Agreement shall remain in force indefinitely.
(2) Any country may notify the Director General to withdraw from the Protocol. Such withdrawal shall also denounce all previous protocols and It is only valid for the country that withdraws from the treaty, and the agreement will continue to be valid and applicable to other countries in this special alliance.
(3) The withdrawal will take effect one year after the date when the Director General receives the notification.
(4) Countries that have been members of this Special Union for less than five years shall not exercise the right to withdraw from the Treaty stipulated in this article.
(5) International trademarks registered as of the effective date of withdrawal from the Treaty, If it is not rejected within the one-year period stipulated in Article 5, the trademark shall be regarded as a trademark registered directly by the withdrawing country during the international protection period and shall continue to enjoy the same protection.
Article 16 Application of previous protocols
(1) 1. Among the countries that are members of the Special Union that have ratified or acceded to this Protocol, this Protocol will enter into force for them [from the date on which it replaces the Madrid Agreement of 1891 that preceded this Protocol] Other texts.
2. However, if the countries of the Special Union that have ratified or acceded to this Protocol have not denounced the previous text in accordance with the provisions of Article 12, paragraph 1, of the Protocol to Nigeria of June 15, 1975, they shall In its relations with countries that have not acceded to this Protocol, the previous text shall continue to apply.
(2) If a country that is not a member of this Special Union accedes to this Protocol, it shall do so through any Special Union that has not acceded to this Protocol. When the national competent authorities of a Member State apply for an international registration with the International Bureau, this Protocol shall apply, and the registration shall comply with the conditions stipulated in this Protocol. The international registration shall be processed by the national competent authorities of non-Special Union member states that have acceded to this Protocol to the International Bureau. Registered. These countries shall agree that the above-mentioned countries may require that the application comply with the conditions specified in the latest protocol to which they are party.
Article 17. Signatures, languages. Responsibilities of the Depositary
(1) ) This Protocol shall be signed in one copy in French and shall be determined by the Director-General after consultation with the relevant governments.
(2) This Protocol shall be open for signature in Stockholm until January 13, 1968.
(3) The Director-General shall transmit two copies of the signed original of this Protocol certified by the Government of Sweden to the governments of all countries of the Special Union and shall transmit it to the government of any country that so requests.
( 4) The Director-General shall register this Protocol with the United Nations Secretariat.
(5) The Director-General shall notify all countries of this Special Union of the following: signatures, instruments of ratification or accession and their declarations Deposit, entry into force of the paragraphs of this Protocol, notification of denunciation and, in accordance with Article 3bis,
Article 9-4. Article 13, Article 14, Paragraph 7, and Article 15, Paragraph 2.
Article 18 Transitional Provisions
(1) Until the first Director General takes office, the International Bureau or the Director General of the Organization referred to in this Protocol shall be deemed to be the Bureau of the Union established by the Paris Convention for the Protection of Industrial Property or its Director respectively.
( 2) Within 5 years after the Convention establishing the Organization enters into force, the member states of this Special Union that have not ratified or acceded to this Protocol, if they are willing to exercise the rights stipulated in Articles 10 to 13, will be deemed to have accepted these provisions. , any country wishing to exercise this right shall notify the Director General in writing to this effect. Such notification shall be effective from the date of its receipt until the expiry of the period stated. Such countries are considered to be members of the General Assembly.