Chinese Lawyer
Tags : property, business, travel, technology, nightlife, events, food, food, expat_services
Goto page 1, 2, 3 ... 23, 24, 25 Next |
|
| Author |
Message |
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
 Posted:
Aug 21, 2006 - 02:54 PM |
 
|
| Post subject: Chinese Lawyer |
Hi, guys, I am a Chinese lawyer with our office in Lujiazui, pudong. I am concentrating my practice on foreign related matters, such as marriage & divorce, employment, visa, company matters. Please feel free to contact me if you need any legal advice. My email is erexcxl@yahoo.com.cn. Thank you! |
Last edited by erexchen on Mar 19, 2007 - 01:59 PM; edited 4 times in total |
|
 |
|
whattodo2005
Newbie
Joined: May 26, 2005
Posts: 4
Status: Offline
|
| Posted:
Aug 25, 2006 - 10:03 AM |
|
|
Interesting, I was just in search for information about Prenuptials and Chinese marriage law.
Could you give some information on how this works in China when an expat and a Chinese get married. |
|
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Aug 25, 2006 - 10:40 AM |
|
|
Thank you for your questions Whattodo2005.
when an expat and a Chinese want to get married, they should fulfill a legal formality and register their marriage in the Civil Affair Bureau.
Documents needed for the marriage regsitration:
For the Chinese:
1. His/her HU Kou book and ID
2. His/her statement which indicates that he or she has no spouse and has no direct family relationship with the expat. (I may send you the sample of the statement form if you require)
For the expat
1. his/her passport;
2. his/her statement which is the same as the Chinese. However, such statement made by the expat should be notarized and legalized accordingly. Furthermore, the statement shall be translated into Chinese by the designated Chinese translation company.
Both the Chinese and the expat shall be present in person for the marriage registratrion. The address of Civil Affair Bureau is as follows
Floor 3E
Everbright Convention & Exhibition Center
82 Cao Bao Road, Shanghai
Should you have further question, please feel free to contact me at erexcxl@yahoo.com.cn |
Last edited by erexchen on Feb 16, 2007 - 04:04 PM; edited 3 times in total |
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Aug 31, 2006 - 12:55 PM |
|
|
Dear Jill,
Thank you for your mail and I have replied to you this morning about your visa issue.
Any further quesion, please feel free to contact me.
Regards,
Erex |
|
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Sep 11, 2006 - 03:57 PM |
|
|
Dear Ban,
Thank you for your mail. I have provided some legal advice for your marriage and visa problems.
I am looking forward to hearing from you soon.
regards,
Erex Chen |
|
|
|
|
|
dustin
Seeker
Joined: Sep 13, 2006
Posts: 40
Status: Offline
|
| Posted:
Sep 13, 2006 - 06:00 PM |
|
|
We have employed a PRC national for 4 years and would like to bring him to the states for a couple months. He has been turned down for a visa twice because he cannot convince them he will return in the one minute they allot him at the embassy.
Is there anyway to get a visa and what are the costs involved |
|
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Sep 14, 2006 - 09:58 AM |
|
|
Hi, Dustin, thank you for your question. I think your matter is related to the foreign visa laws. One of the important issues for foreign visa application is that the applicant shall convince the visa officer that he/she has no intention of immigration. So your company and the applicant shall make efforts in this regard. Good luck. |
|
|
|
|
|
dustin
Seeker
Joined: Sep 13, 2006
Posts: 40
Status: Offline
|
| Posted:
Sep 14, 2006 - 11:29 AM |
|
|
Thank you for the information. He has actually been turned down 3 times and people have told him with those 3 stamps his passport was virtually dead.
Thanks for the advice! |
|
|
|
|
|
dustin
Seeker
Joined: Sep 13, 2006
Posts: 40
Status: Offline
|
| Posted:
Sep 14, 2006 - 11:30 AM |
|
|
Thank you for the information. He has actually been turned down 3 times and people have told him with those 3 stamps his passport was virtually dead.
Thanks for the advice! |
|
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Sep 14, 2006 - 11:53 AM |
|
|
It's really a pity. Anyway, please feel free to contact me if you have any question in the future. My email is erexcxl@yahoo.com.cn |
Last edited by erexchen on Nov 09, 2006 - 10:59 AM; edited 1 time in total |
|
|
|
|
horsemandk
StreetBeater
Joined: Mar 23, 2006
Posts: 2274
Location: Shanghai
Status: Offline
|
| Posted:
Sep 15, 2006 - 12:05 AM |
|
|
He's been turned down because your company isn't seen as a "reliable" guardian (sorry for the harsh words)
The US is very strict on the guardian and also the financial strangth of the company inviting the Chinese. If I'm not wrong you can actually put up a deposit as a guarantee, but the amount is probably pretty high.
Another thing could be that the Chinese you're inviting or a family member has a "marker" here in China preventing him from ever leaving China! |
_________________
Those parts of the system that you can hit with a hammer (not advised) are called hardware; those program instructions that you can only curse at are called software. |
|
 |
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Sep 15, 2006 - 03:36 PM |
|
|
Dear friends, thank you for your support of my work. I am happy to make further efforts in this forum and summarize the Chinese laws and regulations which are related to expats in China for your reference. If you have any question regarding these laws or regulations, please feel free to contact me.
My contact detail is as follows:
11F, Tongsheng Tower
458 Fushan Road
Pudong Shanghai
Mobile: 13391052852 |
Last edited by erexchen on Dec 07, 2007 - 08:37 AM; edited 2 times in total |
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Sep 20, 2006 - 03:43 PM |
|
|
How to set up a rep office in China
a. A rep office is not a legal entity in China. It cannot directly engage in profit-oriented busiss, such as conclusion of a purchase contract. Usually, such puchase contract shuold be concluded between its headquarter out of china or its legal subsidy and the seller in Cina.
b) A rep office is allowed to conduct activities such as business contact, product exhibition, market research or technology exchange etc in China.
c) the business term for a rep office is 3 years. it can apply for renewing within 30 days before the term expires.
d) Procedure for setting up a rep office
(i) a local authorized agent is required for applicaiton of setting up a rep office in China,
(ii) materials needed
1. the investor's business certificate
2. the investor's bank credit certificate
3. the passport copy of the legal representative
4. lease agreement and the property ownership certificate
5. materials regarding the investor company and its directors, the appointment paper and CV of the chairman and members of BOD |
|
|
|
|
|
YariGuy
LoopKicker
Joined: July 13, 2004
Posts: 877
Location: Puxi
Status: Offline
|
| Posted:
Sep 24, 2006 - 11:39 PM |
|
|
I echo whattodo's question. Not around how to get married, but whether there's such a thing as a prenuptual agreement in China and whether it's enforceable. |
|
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Sep 26, 2006 - 09:16 AM |
|
|
yes, they can enter into a prenuptual agreement before the marriage and such agreement shall be notarized accordingly. It is of course enforceable in China. I have contacted John in this regard. Thank you. |
|
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Sep 26, 2006 - 01:38 PM |
|
|
How to get a divorce in China?
When a couple want to get a voluntary divorce in China, they are not necessary to get the divorce through filing a lawsuit before the court. A lawsuit is usually needed in case that any party disagrees with the divorce, or both parties have disputes on the settlement of property or the issue of fostering children.
The couple can go directly to the Civil Affairs Bureau for a divorce if:
a. they have reached consensus on a voluntary divorce;
b. they have reached consensus on the issues of fostering children, property, debts, etc.. Ususally a divorce agreement shall be concluded by both parties under the guidance of a professional lawyer;
c. they got married originally in China and held the marriage certificate;
d. each party has the full civil capacity;
e. they should go together in person to the Civil Affairs Bureau and acquire the divorce certificate.
Documents needed for the divorce
For the Chinese
a. his/her Huko Book and ID Card;
b. his/her original marriage certificate;
c. the divorce agreement;
For the expat
a. passport
b. his/her original marriage certificate
c. divorce agreement
Should you have further question, please feel free to contact me at erexcxl@yahoo.com.cn |
Last edited by erexchen on Nov 09, 2006 - 11:00 AM; edited 1 time in total |
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Sep 28, 2006 - 12:35 PM |
|
|
Dear Ted:
Thanks for your questions on labor issues.
It is true that the labor relationship between you and the WOFE is governed by the PRC laws and regulations.
1. Maternity Leave - THe female employee enjoys no less than 90 days of maternity leave;
2. Sick Leave - there is max 3 months paid sick leave for the first year and such paid sick leave will increase one month in the next year. However, the total sick leave will not exceed 24 months.
3. Marriage Leave - 3 days usually. For female employee, if she gets marrid at 23 or above, she can enjoy additional 7 days paid marriage leave. For male employee, if he gets married at 25 or above, he can enjoy additional 7 days paid marriage leave.
4. Bereavement Leave. 1-3 days usually. Bereave leave is for the death within the immediate family, including the spouse, child and parent.
5. the company can grant other kind of leave to the employees as benefit.
6. With regard to the labor protection, it is not legal for the employer to terminate the contract at will. The employer is only entitled to terminate the contract with right causes which is stipulated in the labor law of PRC, in which 30 days prior written notice is necessary. However, for the employee, he/she can terminate with 30 days prior written notice.
Regards,
Erex |
Last edited by erexchen on Nov 09, 2006 - 11:01 AM; edited 1 time in total |
|
|
|
|
underh20
Board Legend
Joined: Sep 27, 2006
Posts: 12702
Location: Veggie-Free Zone
|
| Posted:
Sep 28, 2006 - 02:13 PM |
|
|
| erexchen wrote: |
| It is true that the labor relationship between you and the WOFE is governed by the PRC laws and regulations. |
Hi Erex,
Does this apply only to PRC employees of WOFE or does it apply also to expat employees of WOFEs in China?
B |
|
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Sep 28, 2006 - 02:16 PM |
|
|
Yes. It also applys to expat employees. |
|
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Sep 29, 2006 - 11:26 AM |
|
|
What you should do if you are afraid your website will be illegally copied.
Most companies will make use of internet as an effecitve way to advertise their service or products. A good and unique web is the image and ID of a company. However, it will make you frustrated when you find an unknown company or individual is copying your website without your consent. Here is some tips you can use if you are afraid such situantion will occur to you.
Currently, illegal website copying is a kind of behavior which is inviolation of the copyright law of China.
1. you can register your copyright in your web in local government department;
2. in case you find a web which is illegally copying your web, you shall try to contact them and learn which company they are.
3. you are advised to notarize the website of that company.
4. to find a lawyer and issue a lawyer's letter to them.
5. if that company refuses to stop the infringement, just file a lawsuit before the court.
If you have any question, please feel free to contact me at erexcxl@yahoo.com.cn
Regards,
Erex |
Last edited by erexchen on Nov 09, 2006 - 11:02 AM; edited 1 time in total |
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Oct 23, 2006 - 10:04 AM |
|
|
Madrid System for the International Registration of Marks
The Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid Agreement (1891), and the Madrid Protocol (1989). It is administered by the International Bureau of WIPO located in Geneva, Switzerland.
Thanks to the international procedural mechanism, the Madrid system offers a trademark owner the possibility to have his trademark protected in several countries (Members of the Madrid Union) by simply filing one application directly with his own national or regional trademark office. An international mark so registered is equivalent to an application or a registration of the same mark effected directly in each of the countries designated by the applicant. If the trademark office of a designated country does not refuse protection within a specified period, the protection of the mark is the same as if it had been registered by that Office.
The Madrid system also simplifies greatly the subsequent management of the mark, since it is possible to record subsequent changes or to renew the registration through a single procedural step. Further countries may be designated subsequently. |
|
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Oct 23, 2006 - 10:17 AM |
|
|
Madrid Agreement Concerning
the International Registration of Marks
of April 14, 1891,
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 Nice on June 15, 1957,
and at Stockholm on July 14, 1967,1
and as amended on September 28, 1979
TABLE OF CONTENTS2
Article 1:
Establishment of a Special Union. Filing of Marks at International Bureau. Definition of Country of Origin
Article 2:
Reference to Article 3 of the Paris Convention (Same Treatment for Certain Categories of Persons as for Nationals of Countries of the Union)
Article 3:
Contents of Application for International Registration
Article 3bis:
“Territorial Limitation”
Article 3ter:
Request for “Territorial Extension”
Article 4:
Effects of International Registration
Article 4bis:
Substitution of International Registration for Earlier National Registrations
Article 5:
Refusal by National Offices
Article 5bis:
Documentary Evidence of Legitimacy of Use of Certain Elements of Mark
Article 5ter:
Copies of Entries in International Register. Searches for Anticipation. Extracts from International Register
Article 6:
Period of Validity of International Registration. Independence of International Registration. Termination of Protection in Country of Origin
Article 7:
Renewal of International Registration
Article 8:
National Fee. International Fee. Division of Excess Receipts, Supplementary Fees, and Complementary Fees
Article 8bis:
Renunciation in Respect of One or More Countries
Article 9:
Changes in National Registers also Affecting International Registration. Reduction of List of Goods and Services Mentioned in International Registration. Additions to that List. Substitutions in that List
Article 9bis:
Transfer of International Mark Entailing Change in Country of Proprietor
Article 9ter:
Assignment of International Mark for Part Only of Registered Goods or Services or for Certain Contracting Countries. Reference to Article 6quater of Paris Convention (Assignment of Mark)
Article 9quater:
Common Office for Several Contracting Countries. Request by Several Contracting Countries to be Treated as a Single Country
Article 10:
Assembly of the Special Union
Article 11:
International Bureau
Article 12:
Finances
Article 13:
Amendment of Articles 10 to 13
Article 14:
Ratification and Accession. Entry into Force. Accession to Earlier Acts. Reference to Article 24 of Paris Convention (Territories)
Article 15:
Denunciation
Article 16:
Application of Earlier Acts
Article 17:
Signature, Languages, Depository Functions
Article 18:
Transitional Provisions
Article 1
[Establishment of a Special Union. Filing of Marks at International Bureau. Definition of Country of Origin]3
(1) The countries to which this Agreement applies constitute a Special Union for the International registration of marks.
(2) Nationals of any of the contracting countries may, in all the other countries party to this Agreement, secure protection for their marks applicable to goods or services, registered in the country of origin, by filing the said marks at 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”), through the intermediary of the Office of the said country of origin.
(3) Shall be considered the country of origin the country of the Special Union where the applicant has a real and effective industrial or commercial establishment; if he has no such establishment in a country of the Special Union, the country of the Special Union where he has his domicile; if he has no domicile within the Special Union but is a national of a country of the Special Union, the country of which he is a national.
Article 2
[Reference to Article 3 of Paris Convention (Same Treatment for Certain Categories of Persons as for Nationals of Countries of the Union)]
Nationals of countries not having acceded to this Agreement who, within the territory of the Special Union constituted by the said Agreement, satisfy the conditions specified in Article 3 of the Paris Convention for the Protection of Industrial Property shall be treated in the same manner as nationals of the contracting countries.
Article 3
[Contents of Application for International Registration]
(1) Every application for international registration must be presented on the form prescribed by the Regulations; the Office of the country of origin of the mark shall certify that the particulars appearing in such application correspond to the particulars in the national register, and shall mention the dates and numbers of the filing and registration of the mark in the country of origin and also the date of the application for international registration.
(2) The applicant must indicate the goods or services in respect of which protection of the mark is claimed and also, if possible, the corresponding class or classes according to the classification established by the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. If the applicant does not give such indication, the International Bureau shall classify the goods or services in the appropriate classes of the said classification. The indication of classes given by the applicant shall be subject to control by the International Bureau, which shall exercise the said control in association with the national Office. In the event of disagreement between the national Office and the International Bureau, the opinion of the latter shall prevail.
(3) If the applicant claims color as a distinctive feature of his mark, he shall be required:
1. to state the fact, and to file with his application a notice specifying the color or the combination of colors claimed;
2. to append to his application copies in color of the said mark, which shall be attached to the notification given by the International Bureau. The number of such copies shall be fixed by the Regulations.
(4) The International Bureau shall register immediately the marks filed in accordance with Article 1. The registration shall bear the date of the application for international registration in the country of origin, provided that the application has been received by the International Bureau within a period of two months from that date. If the application has not been received within that period, the International Bureau shall record it as at the date on which it received the said application. The International Bureau shall notify such registration without delay to the Offices concerned. Registered marks shall be published in a periodical journal issued by the International Bureau, on the basis of the particulars contained in the application for registration. In the case of marks comprising a figurative element or a special form of writing, the Regulations shall determine whether a printing block must be supplied by the applicant.
(5) With a view to the publicity to be given in the contracting countries to registered marks, each Office shall receive from the International Bureau a number of copies of the said publication free of charge and a number of copies at a reduced price, in proportion to the number of units mentioned in Article 16(4)(a) of the Paris Convention for the Protection of Industrial Property, under the conditions fixed by the Regulations. Such publicity shall be deemed in all the contracting countries to be sufficient, and no other publicity may be required of the applicant.
Article 3bis
[“Territorial Limitation”]
(1) Any contracting country may, at any time, notify the Director General of the Organization (hereinafter designated as “the Director General”) in writing that the protection resulting from the international registration shall extend to that country only at the express request of the proprietor of the mark.
(2) Such notification shall not take effect until six months after the date of the communication thereof by the Director General to the other contracting countries.
Article 3ter
[Request for “Territorial Extension”]
(1) Any request for extension of the protection resulting from the international registration to a country which has availed itself of the right provided for in Article 3bis must be specially mentioned in the application referred to in Article 3(1).
(2) Any request for territorial extension made subsequently to the international registration must be presented through the intermediary of the Office of the country of origin on a form prescribed by the Regulations. It shall be immediately registered by the International Bureau, which shall notify it without delay to the Office or Offices concerned. It shall be published in the periodical journal issued by the International Bureau. Such territorial extension shall be effective from the date on which it has been recorded in the International Register; it shall cease to be valid on the expiration of the international registration of the mark to which it relates.
Article 4
[Effects of International Registration]
(1) From the date of the registration so effected at the International Bureau in accordance with the provisions of Articles 3 and 3ter, the protection of the mark in each of the contracting countries concerned shall be the same as if the mark had been filed therein direct. The indication of classes of goods or services provided for in Article 3 shall not bind the contracting countries with regard to the determination of the scope of the protection of the mark.
(2) Every mark which has been the subject of an international registration shall enjoy the right of priority provided for by Article 4 of the Paris Convention for the Protection of Industrial Property, without requiring compliance with the formalities prescribed in Section D of that Article.
Article 4bis
[Substitution of International Registration for Earlier National Registrations]
(1) When a mark already filed in one or more of the contracting countries is later registered by the International Bureau in the name of the same proprietor or his successor in title, the international registration shall be deemed to have replaced the earlier national registrations, without prejudice to any rights acquired by reason of such earlier registrations.
(2) The national Office shall, upon request, be required to take note in its registers of the international registration.
Article 5
[Refusal by National Offices]
(1) In countries where the legislation so authorizes, Offices notified by the International Bureau of the registration of a mark or of a request for extension of protection made in accordance with Article 3ter shall have the right to declare that protection cannot be granted to such mark in their territory. Any such refusal can be based only on the grounds which would apply, under the Paris Convention for the Protection of Industrial Property, in the case of a mark filed for national registration. However, protection may not be refused, even partially, by reason only that national legislation would not permit registration except in a limited number of classes or for a limited number of goods or services.
(2) Offices wishing to exercise such right must give notice of their refusal to the International Bureau, together with a statement of all grounds, within the period prescribed by their domestic law and, at the latest, before the expiration of one year from the date of the international registration of the mark or of the request for extension of protection made in accordance with Article 3ter.
(3) The International Bureau shall, without delay, transmit to the Office of the country of origin and to the proprietor of the mark, or to his agent if an agent has been mentioned to the Bureau by the said Office, one of the copies of the declaration of refusal so notified. The interested party shall have the same remedies as if the mark had been filed by him direct in the country where protection is refused.
(4) The grounds for refusing a mark shall be communicated by the International Bureau to any interested party who may so request.
(5) Offices which, within the aforesaid maximum period of one year, have not communicated to the International Bureau any provisional or final decision of refusal with regard to the registration of a mark or a request for extension of protection shall lose the benefit of the right provided for in paragraph (1) of this Article with respect to the mark in question.
(6) Invalidation of an international mark may not be pronounced by the competent authorities without the proprietor of the mark having, in good time, been afforded the opportunity of defending his rights. Invalidation shall be notified to the International Bureau.
Article 5bis
[Documentary Evidence of Legitimacy of Use of Certain Elements of Mark]
Documentary evidence of the legitimacy of the use of certain elements incorporated in a mark, such as armorial bearings, escutcheons, portraits, honorary distinctions, titles, trade names, names of persons other than the name of the applicant, or other like inscriptions, which might be required by the Offices of the contracting countries shall be exempt from any legalization or certification other than that of the Office of the country of origin.
Article 5ter
[Copies of Entries in International Register. Searches for Anticipation. Extracts from International Register]
(1) The International Bureau shall issue to any person applying therefor, subject to a fee fixed by the Regulations, a copy of the entries in the Register relating to a specific mark.
(2) The International Bureau may also, upon payment, undertake searches for anticipation among international marks.
(3) Extracts from the International Register requested with a view to their production in one of the contracting countries shall be exempt from all legalization.
Article 6
[Period of Validity of International Registration. Independence of International Registration. Termination of Protection in Country of Origin]
(1) Registration of a mark at the International Bureau is effected for twenty years, with the possibility of renewal under the conditions specified in Article 7.
(2) Upon expiration of a period of five years from the date of the international registration, such registration shall become independent of the national mark registered earlier in the country of origin, subject to the following provisions.
(3) The protection resulting from the international registration, whether or not it has been the subject of a transfer, may no longer be invoked, in whole or in part, if, within five years from the date of the international registration, the national mark, registered earlier in the country of origin in accordance with Article 1, no longer enjoys, in whole or in part, legal protection in that country. This provision shall also apply when legal protection has later ceased as the result of an action begun before the expiration of the period of five years.
(4) In the case of voluntary or ex officio cancellation, the Office of the country of origin shall request the cancellation of the mark at the International Bureau, and the latter shall effect the cancellation. In the case of judicial action, the said Office shall send to the International Bureau, ex officio or at the request of the plaintiff, a copy of the complaint or any other documentary evidence that an action has begun, and also of the final decision of the court; the Bureau shall enter notice thereof in the International Register.
Article 7
[Renewal of International Registration]
(1) Any registration may be renewed for a period of twenty years from the expiration of the preceding period, by payment only of the basic fee and, where necessary, of the supplementary and complementary fees provided for in Article 8(2).
(2) Renewal may not include any change in relation to the previous registration in its latest form.
(3) The first renewal effected under the provisions of the Nice Act of June 15, 1957, or of this Act, shall include an indication of the classes of the International Classification to which the registration relates.
(4) Six months before the expiration of the term of protection, the International Bureau shall, by sending an unofficial notice, remind the proprietor of the mark and his agent of the exact date of expiration.
(5) Subject to the payment of a surcharge fixed by the Regulations, a period of grace of six months shall be granted for renewal of the international registration.
Article 8
[National Fee. International Fee. Division of Excess Receipts, Supplementary Fees, and Complementary Fees]
(1) The Office of the country of origin may fix, at its own discretion, and collect, for its own benefit, a national fee which it may require from the proprietor of the mark in respect of which international registration or renewal is applied for.
(2) Registration of a mark at the International Bureau shall be subject to the advance payment of an international fee which shall include:
(a) a basic fee;
(b) a supplementary fee for each class of the International Classification, beyond three, into which the goods or services to which the mark is applied will fall;
(c) a complementary fee for any request for extension of protection under A3Article 3ter.
(3) However, the supplementary fee specified in paragraph (2)(b) may, without prejudice to the date of registration, be paid within a period fixed by the Regulations if the number of classes of goods or services has been fixed or disputed by the International Bureau. If, upon expiration of the said period, the supplementary fee has not been paid or the list of goods or services has not been reduced to the required extent by the applicant, the application for international registration shall be deemed to have been abandoned.
(4) The annual returns from the various receipts from international registration, with the exception of those provided for under (b) and (c) of paragraph (2), shall he divided equally among the countries party to this Act by the International Bureau, after deduction of the expenses and charges necessitated by the implementation of the said Act. If, at the time this Act enters into force, a country has not yet ratified or acceded to the said Act, it shall be entitled, until the date on which its ratification or accession becomes effective, to a share of the excess receipts calculated on the basis of that earlier Act which is applicable to it.
(5) The amounts derived from the supplementary fees provided for in paragraph (2)(b) shall be divided at the expiration of each year among the countries party to this Act or to the Nice Act of June 15, 1957, in proportion to the number of marks for which protection has been applied for in each of them during that year, this number being multiplied, in the case of countries which make a preliminary examination, by a coefficient which shall be determined by the Regulations. If, at the time this Act enters into force, a country has not yet ratified or acceded to the said Act, it shall be entitled, until the date on which its ratification or accession becomes effective, to a share of the amounts calculated on the basis of the Nice Act.
(6) The amounts derived from the complementary fees provided for in paragraph (2)(c) shall be divided according to the requirements of paragraph (5) among the countries availing themselves of the right provided for in Article 3bis. If, at the time this Act enters into force, a country has not yet ratified or acceded to the said Act, it shall be entitled, until the date on which its ratification or accession becomes effective, to a share of the amounts calculated on the basis of the Nice Act.
Article 8bis
[Renunciation in Respect of One or More Countries]
The person in whose name the international registration stands may at any time renounce protection in one or more of the contracting countries by means of a declaration filed with the Office of his own country, for communication to the International Bureau, which shall notify accordingly the countries in respect of which renunciation has been made. Renunciation shall not be subject to any fee.
Article 9
[Changes in National Registers also Affecting International Registration. Reduction of List of Goods and Services Mentioned in International Registration. Additions to that List. Substitutions in that List]
(1) The Office of the country of the person in whose name the international registration stands shall likewise notify the International Bureau of all annulments, cancellations, renunciations, transfers, and other changes made in the entry of the mark in the national register, if such changes also affect the international registration.
(2) The Bureau shall record those changes in the International Register, shall notify them in turn to the Offices of the contracting countries, and shall publish them in its journal.
(3) A similar procedure shall be followed when the person in whose name the international registration stands requests a reduction of the list of goods or services to which the registration applies.
(4) Such transactions may be subject to a fee, which shall be fixed by the Regulations.
(5) The subsequent addition of new goods or services to the said list can be obtained only by filing a new application as prescribed in Article 3.
(6) The substitution of one of the goods or services for another shall be treated as an addition.
Article 9bis
[Transfer of International Mark Entailing Change in Country of Proprietor]
(1) When a mark registered in the International Register is transferred to a person established in a contracting country other than the country of the person in whose name the international registration stands, the transfer shall be notified to the International Bureau by the Office of the latter country. The International Bureau shall record the transfer, shall notify the other Offices thereof, and shall publish it in its journal. If the transfer has been effected before the expiration of a period of five years from the international registration, the International Bureau shall seek the consent of the Office of the country of the new proprietor, and shall publish, if possible, the date and registration number of the mark in the country of the new proprietor.
(2) No transfer of a mark registered in the International Register for the benefit of a person who is not entitled to file an international mark shall be recorded.
(3) When it has not been possible to record a transfer in the International Register, either because the country of the new proprietor has refused its consent or because the said transfer has been made for the benefit of a person who is not entitled to apply for international registration, the Office of the country of the former proprietor shall have the right to demand that the International Bureau cancel the mark in its Register.
Article 9ter
[Assignment of International Mark for Part Only of Registered Goods or Services or for Certain Contracting Countries. Reference to Article 6quater of Paris Convention (Assignment of Mark)]
(1) If the assignment of an international mark for part only of the registered goods or services is notified to the International Bureau, the Bureau shall record it in its Register. Each of the contracting countries shall have the right to refuse to recognize the validity of such assignment if the goods or services included in the part so assigned are similar to those in respect of which the mark remains registered for the benefit of the assignor.
(2) The International Bureau shall likewise record the assignment of an international mark in respect of one or several of the contracting countries only.
(3) If, in the above cases, a change occurs in the country of the proprietor, the Office of the country to which the new proprietor belongs shall, if the international mark has been transferred before the expiration of a period of five years from the international registration, give its consent as required by Article 9bis.
(4) The provisions of the foregoing paragraphs shall apply subject to Article 6quater of the Paris Convention for the Protection of Industrial Property.
Article 9quater
[Common Office for Several Contracting Countries. Request by Several Contracting Countries to be Treated as a Single Country]
(1) If several countries of the Special Union agree to effect the unification of their domestic legislation’s on marks, they may notify the Director General:
(a) that a common Office shall be substituted for the national Office of each of them, and
(b) that the whole of their respective territories shall be deemed to be a single country for the purposes of the application of all or part of the provisions preceding this Article.
(2) Such notification shall not take effect until six months after the date of the communication thereof by the Director General to the other contracting countries.
Article 10
[Assembly of the Special Union]
(1)
(a) The Special Union shall have an Assembly consisting of those countries which have ratified or acceded to this Act.
(b) The Government of each country shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by the Government which has appointed it, except for the travel expenses and the subsistence allowance of one delegate for each member country, which shall be paid from the funds of the Special Union.
(2)
(a) The Assembly shall:
(i) deal with all matters concerning the maintenance and development of the Special Union and the implementation of this Agreement;
(ii) give directions to the International Bureau concerning the preparation for conferences of revision, due account being taken of any comments made by those countries of the Special Union which have not ratified or acceded to this Act;
(iii) modify the Regulations, including the fixation of the amounts of the fees referred to in Article 8(2) and other fees relating to international registration;
(iv) review and approve the reports and activities of the Director General concerning the Special Union, and give him all necessary instructions concerning matters within the competence of the Special Union;
(v) determine the program and adopt the biennal budget of the Special Union, and approve its final accounts;
(vi) adopt the financial regulations of the Special Union;
(vii) establish such committees of experts and working groups as it may deem necessary to achieve the objectives of the Special Union;
(viii) determine which countries not members of the Special Union and which intergovernmental and international non–governmental organizations shall be admitted to its meetings as observers;
(ix) adopt amendments to Articles 10 to 13;
(x) take any other appropriate action designed to further the objectives of the Special Union;
(xi) perform such other functions as are appropriate under this Agreement.
(2)
(b) With respect to matters which are of interest also to other Unions administered by the Organization, the Assembly shall make its decisions after having heard the advice of the Coordination Committee of the Organization.
(3)
(a) Each country member of the Assembly shall have one vote.
(b) One–half of the countries members of the Assembly shall constitute a quorum.
(c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of countries represented is less than one–half but equal to or more than one–third of the countries members of the Assembly, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the conditions set forth hereinafter are fulfilled. The International Bureau shall communicate the said decisions to the countries members of the Assembly which were not represented and shall invite them to express in writing their vote or abstention within a period of three months from the date of the communication. If, at the expiration of this period, the number of countries having thus expressed their vote or abstention attains the number of countries which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains.
(d) Subject to the provisions of Article 13(2), the decisions of the Assembly shall require two–thirds of the votes cast.
(e) Abstentions shall not be considered as votes.
(f) A delegate may represent, and vote in the name of, one country only.
(g) Countries of the Special Union not members of the Assembly shall be admitted to the meetings of the latter as observers.
(4)
(a) The Assembly shall meet once in every second calendar year in ordinary session upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of the Organization.
(b) The Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of one–fourth of the countries members of the Assembly.
(c) The agenda of each session shall be prepared by the Director General.
(5) The Assembly shall adopt its own rules of procedure.
Article 11
[International Bureau]
(1)
(a) International registration and related duties, as well as all other administrative tasks concerning the Special Union, shall be performed by the International Bureau.
(b) In particular, the International Bureau shall prepare the meetings and provide the secretariat of the Assembly and of such committees of experts and working groups as may have been established by the Assembly.
(c) The Director General shall be the chief executive of the Special Union and shall represent the Special Union.
(2) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly and of such committees of experts or working groups as may have been established by the Assembly. The Director General, or a staff member designated by him, shall be ex officio secretary of those bodies.
(3)
(a) The International Bureau shall, in accordance with the directions of the Assembly, make the preparations for the conferences of revision of the provisions of the Agreement other than Articles 10 to 13.
(b) The International Bureau may consult with intergovernmental and international non–governmental organizations concerning preparations for conferences of revision.
(c) The Director General and persons designated by him shall take part, without the right to vote, in the discussions at those conferences.
(4) The International Bureau shall carry out any other tasks assigned to it.
Article 12
[Finances]
(1)
(a) The Special Union shall have a budget.
(b) The budget of the Special Union shall include the income and expenses proper to the Special Union, its contribution to the budget of expenses common to the Unions, and, where applicable, the sum made available to the budget of the Conference of the Organization.
(c) Expenses not attributable exclusively to the Special Union but also to one or more other Unions administered by the Organization shall be considered as expenses common to the Unions. The share of the Special Union in such common expenses shall be in proportion to the interest the Special Union has in them.
(2) The budget of the Special Union shall be established with due regard to the requirements of coordination with the budgets of the other Unions administered by the Organization.
(3) The budget of the Special Union shall be financed from the following sources:
(i) international registration fees and other fees and charges due for other services rendered by the International Bureau in relation to the Special Union;
(ii) sale of, or royalties on, the publications of the International Bureau concerning the Special Union;
(iii) gifts, bequests, and subventions;
(iv) rents, interests, and other miscellaneous income.
(4)
(a) The amounts of the fees referred to in Article 8(2) and other fees relating to international registration shall be fixed by the Assembly on the proposal of the Director General.
(b) The amounts of such fees shall be so fixed that the revenues of the Special Union from fees, other than the supplementary and complementary fees referred to in Article 8(2)(b) and (c), and other sources shall be at least sufficient to cover the expenses of the International Bureau concerning the Special Union.
(c) If the budget is not adopted before the beginning of a new financial period, it shall be at the same level as the budget of the previous year, as provided in the financial regulations.
(5) Subject to the provisions of paragraph (4)(a), the amount of fees and charges due for other services rendered by the International Bureau in relation to the Special Union shall be established, and shall be reported to the Assembly, by the Director General.
(6)
(a) The Special Union shall have a working capital fund which shall be constituted by a single payment made by each country of the Special Union. If the fund becomes insufficient, the Assembly shall decide to increase it.
(b) The amount of the initial payment of each country to the said fund or of its participation in the increase thereof shall be a proportion of the contribution of that country as a member of the Paris Union for the Protection of Industrial Property to the budget of the said Union for the year in which the fund is established or the decision to increase it is made.
(c) The proportion and the terms of payment shall be fixed by the Assembly on the proposal of the Director General and after it has beard the advice of the Coordination Committee of the Organization.
(d) As long as the Assembly authorizes the use of the reserve fund of the Special Union as a working capital fund, the Assembly may suspend the application of the provisions of subparagraphs (a), (b), and (c).
(7)
(a) In the headquarters agreement concluded with the country on the territory of which the Organization has its headquarters, it shall be provided that, whenever the working capital fund is insufficient, such country shall grant advances. The amount of those advances and the conditions on which they are granted shall be the subject of separate agreements, in each case, between such country and the Organization.
(b) The country referred to in subparagraph (a) and the Organization shall each have the right to denounce the obligation to grant advances, by written notification. Denunciation shall take effect three years after the end of the year in which it has been notified.
( The auditing of the accounts shall be effected by one or more of the countries of the Special Union or by external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by the Assembly.
Article 13
[Amendment of Articles 10 to 13]
(1) Proposals for the amendment of Articles 10, 11, 12, and the present Article, may be initiated by any country member of the Assembly, or by the Director General. Such proposals shall be communicated by the Director General to the member countries of the Assembly at least six months in advance of their consideration by the Assembly.
(2) Amendments to the Articles referred to in paragraph (1) shall be adopted by the Assembly. Adoption shall require three–fourths of the votes cast, provided that any amendment to Article 10, and to the present paragraph, shall require four–fifths of the votes cast.
(3) Any amendment to the Articles referred to in paragraph (1) shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three–fourths of the countries members of the Assembly at the time it adopted the amendment. Any amendment to the said Articles thus accepted shall bind all the countries which are members of the Assembly at the time the amendment enters into force, or which become members thereof at a subsequent date.
Article 14
[Ratification and Accession. Entry into Force. Accession to Earlier Acts. Reference to Article 24 of Paris Convention (Territories)]
(1) Any country of the Special Union which has signed this Act may ratify it, and, if it has not signed it, may accede to it.
(2)
(a) Any country outside the Special Union which is party to the Paris Convention for the Protection of Industrial Property may accede to this Act and thereby become a member of the Special Union.
(b) As soon as the International Bureau is informed that such a country has acceded to this Act, it shall address to the Office of that country, in accordance with Article 3, a collective notification of the marks which, at that time, enjoy international protection.
(c) Such notification shall, of itself, ensure to the said marks the benefits of the foregoing provisions in the territory of the said country, and shall mark the commencement of the period of one year during which the Office concerned may make the declaration provided for in Article 5.
(d) However, any such country may, in acceding to this Act, declare that, except in the case of international marks which have already been the subject in that country of an earlier identical national registration still in force, and which shall be immediately recognized upon the request of the interested parties, application of this Act shall be limited to marks registered from the date on which its accession enters into force.
(e) Such declaration shall dispense the International Bureau from making the collective notification referred to above. The International Bureau shall notify only those marks in respect of which it receives, within a period of one year from the accession of the new country, a request, with the necessary particulars, to take advantage of the exception provided for in subparagraph (d).
(f) The International Bureau shall not make the collective notification to such countries as declare, in acceding to this Act, that they are availing themselves of the right provided for in Article 3bis. The said countries may also declare at the same time that the application of this Act shall be limited to marks registered from the day on which their accessions enter into force; however, such limitation shall not affect international marks which have already been the subject of an earlier identical national registration in those countries, and which could give rise to requests for extension of protection made and notified in accordance with Articles 3ter and 8(2)(c).
(g) Registrations of marks which have been the subject of one of the notifications provided for in this paragraph shall be regarded as replacing registrations effected direct in the new contracting country before the date of entry into force of its accession.
(3) Instruments of ratification and accession shall be deposited with the Director General.
(4)
(a) With respect to the first five countries which have deposited their instruments of ratification or accession, this Act shall enter into force three months after the deposit of the fifth such instrument.
(b) With respect to any other country, this Act shall enter into force three months after the date on which its ratification or accession has been notified by the Director General, unless a subsequent date has been indicated in the instrument of ratification or accession. In the latter case, this Act shall enter into force with respect to that country on the date thus indicated.
(5) Ratification or accession shall automatically entail acceptance of all the clauses and admission to all the advantages of this Act.
(6) After the entry into force of this Act, a country may accede to the Nice Act of June 15, 1957, only in conjunction with ratification of, or accession to, this Act. Accession to Acts earlier than the Nice Act shall not be permitted, not even in conjunction with ratification of, or accession to, this Act.
(7) The provisions of Article 24 of the Paris Convention for the Protection of Industrial Property shall apply to this Agreement.
Article 15
[Denunciation]
(1) This Agreement shall remain in force without limitation as to time.
(2) Any country may denounce this Act by notification addressed to the Director General. Such denunciation shall constitute also denunciation of all earlier Acts and shall affect only the country making it, the Agreement remaining in full force and effect as regards the other countries of the Special Union.
(3) Denunciation shall take effect one year after the day on which the Director General has received the notification.
(4) The right of denunciation provided for by this Article shall not be exercised by any country before the expiration of five years from the date upon which it becomes a member of the Special Union.
(5) International marks registered up to the date on which denunciation becomes effective, and not refused within the period of one year provided for in Article 5, shall continue, throughout the period of international protection, to enjoy the same protection as if they had been filed direct in the denouncing country.
Article 16
[Application of Earlier Acts]
(1)
(a) This Act shall, as regards the relations between the countries of the Special Union by which it has been ratified or acceded to, replace, as from the day on which it enters into force with respect to them, the Madrid Agreement of 1891, in its texts earlier than this Act.
(b) However, any country of the Special Union which has ratified or acceded to this Act shall remain bound by the earlier texts which it has not previously denounced by virtue of Article 12(4) of the Nice Act of June 15, 1957, as regards its relations with countries which have not ratified or acceded to this Act.
(2) Countries outside the Special Union which become party to this Act shall apply it to international registrations effected at the International Bureau through the intermediary of the national Office of any country of the Special Union not party to this Act, provided that such registrations satisfy, with respect to the said countries, the requirements of this Act. With regard to international registrations effected at the International Bureau through the intermediary of the national Offices of the said countries outside the Special Union which become party to this Act, such countries recognize that the aforesaid country of the Special Union may demand compliance with the requirements of the most recent Act to which it is party.
Article 17
[Signature, Languages, Depository Functions]
(1)
(a) This Act shall be signed in a single copy in the French language and shall be deposited with the Government of Sweden.
(b) Official texts shall be established by the Director General, after consultation with the interested Governments, in such other languages as the Assembly may designate.
(2) This Act shall remain open for signature at Stockholm until January 13, 1968.
(3) The Director General shall transmit two copies, certified by the Government of Sweden, of the signed text of this Act to the Governments of all countries of the Special Union and, on request, to the Government of any other country.
(4) The Director General shall register this Act with the Secretariat of the United Nations.
(5) The Director General shall notify the Governments of all countries of the Special Union of signatures, deposits of instruments of ratification or accession and any declarations included in such instruments, entry into force of any provisions of this Act, notifications of denunciation, and notifications pursuant to Articles 3bis, 9quater, 13, 14(7), and 15(2).
Article 18
[Transitional Provisions]
(1) Until the first Director General assumes office, references in this Act to the International Bureau of the Organization or to the Director General shall be construed as references to the Bureau of the Union established by the Paris Convention for the Protection of Industrial Property or its Director, respectively.
(2) Countries of the Special Union not having ratified or acceded to this Act may, until five years after the entry into force of the Convention establishing the Organization, exercise, if they so desire, the rights provided for under Articles 10 to 13 of this Act as if they were bound by those Articles. Any country desiring to exercise such rights shall give written notification to that effect to the Director General; such notification shall be effective from the date of its receipt. Such countries shall be deemed to be members of the Assembly until the expiration of the said period.
---------------------------------------------------------------------- ----------
1 This is a provisional English translation prepared by the International Bureau of the World Intellectual Property Organization (WIPO).
2 This Table of Contents is added for the convenience of the reader. It does not appear in the signed text of the Agreement.
3 Articles have been given titles to facilitate their identification. There are no titles in the signed, French text. |
|
|
|
|
|
ggh
PopStar
Joined: May 13, 2006
Posts: 1096
Location: Shanghai, Puxi
Status: Offline
|
| Posted:
Oct 26, 2006 - 12:49 PM |
|
|
Hi,
I have a question.
Back in my country, i have drawn up a Will by RockWills.
I asked them about my assets in China and the Rockwills lawyers told me that given that the Will is covered under International Law, my assets are protected and my will is also enforced in China, should anything happened to me. However, there is an exception for immovable properties, eg. Apartment and house.
They told me that i should get a Will written by China lawyer to safeguard my immovable properties in China. How do I do that and what is the cost of doing it?
Thanks. |
_________________
Opinions are like Ass-Hole... Everybody has one |
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Oct 26, 2006 - 01:51 PM |
|
|
Thank you for your question.
Your lawyer is right. For your immovable properties in China, you shall write a Will because the Will of immovable property shall be governed by Chinese laws. According to Chinese law, you are advised to write the will and then the Will is notarized in China's Notory Public Office. For more information, please contact me at 021-57867828 or write to erexcxl@yahoo.com.cn.
Regards,
Erex |
Last edited by erexchen on Nov 09, 2006 - 11:02 AM; edited 1 time in total |
|
|
|
|
erexchen
Reacher
Joined: Aug 14, 2006
Posts: 279
Location: Shanghai
Status: Offline
|
| Posted:
Nov 07, 2006 - 10:31 AM |
|
|
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks1
adopted at Madrid on June 27, 1989
and amended on October 3, 2006
LIST OF THE ARTICLES OF THE PROTOCOL
Article 1:
Membership in the Madrid Union
Article 2:
Securing Protection through International Registration
Article 3:
International Application
Article 3bis:
Territorial Effect
Article 3ter:
Request for “Territorial Extension”
Article 4:
Effects of International Registration
Article 4bis:
Replacement of a National or Regional Registration by an International Registration
Article 5:
Refusal and Invalidation of Effects of International Registration in Respect of Certain Contracting Parties
Article 5bis:
Documentary Evidence of Legitimacy of Use of Certain Elements of the Mark
Article 5ter:
Copies of Entries in International Register; Searches for Anticipation’s; Extracts from International Register
Article 6:
Period of Validity of International Registration; Dependence and Independence of International Registration
Article 7:
Renewal of International Registration
Article 8:
Fees for International Application and Registration
Article 9:
Recordal of Change in the Ownership of an International Registration
Article 9bis:
Recordal of Certain Matters Concerning an International Registration
Article 9ter:
Fees for Certain Records
Article 9quater:
Common Office of Several Contracting States
Article 9quinquies:
Transformation of an International Registration into National or Regional Applications
Article 9sexies:
Safeguard of the Madrid (Stockholm) Agreement
Article 10:
Assembly
Article 11:
International Bureau
Article 12:
Finances
Article 13:
Amendment of Certain Articles of the Protocol
Article 14:
Becoming Party to the Protocol; Entry into Force
Article 15:
Denunciation
Article 16:
Signature; Languages; Depository Functions
Article 1
Membership in the Madrid Union
The States party to this Protocol (hereinafter referred to as “the Contracting States”), even where they are not party to the Madrid Agreement Concerning the International Registration of Marks as revised at Stockholm in 1967 and as amended in 1979 (hereinafter referred to as “the Madrid (Stockholm) Agreement”), and the organizations referred to in Article 14(1)(b) which are party to this Protocol (hereinafter referred to as “the Contracting Organizations”) shall be members of the same Union of which countries party to the Madrid (Stockholm) Agreement are members. Any reference in this Protocol to “Contracting Parties” shall be construed as a reference to both Contracting States and Contracting Organizations.
Article 2
Securing Protection through International Registration
(1) Where an application for the registration of a mark has been filed with the Office of a Contracting Party, or where a mark has been registered in the register of the Office of a Contracting Party, the person in whose name that application (hereinafter referred to as “the basic application”) or that registration (hereinafter referred to as “the basic registration”) stands may, subject to the provisions of this Protocol, secure protection for his mark in the territory of the Contracting Parties, by obtaining the registration of that mark in the register of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as “the international registration,” “the International Register,” “the International Bureau” and “the Organization,” respectively), provided that,
(i) where the basic application has been filed with the Office of a Contracting State or where the basic registration has been made by such an Office, the person in whose name that application or registration stands is a national of that Contracting State, or is domiciled, or has a real and effective industrial or commercial establishment, in the said Contracting State,
(ii) where the basic application has been filed with the Office of a Contracting Organization or where the basic registration has been made by such an Office, the person in whose name that application or registration stands is a national of a State member of that Contracting Organization, or is domiciled, or has a real and effective industrial or commercial establishment, in the territory of the said Contracting Organization.
(2) The application for international registration (hereinafter referred to as “the international application”) shall be filed with the International Bureau through the intermediary of the Office with which the basic application was filed or by which the basic registration was made (hereinafter referred to as “the Office of origin”), as the case may be.
(3) Any reference in this Protocol to an “Office” or an “Office of a Contracting Party” shall be construed as a reference to the office that is in charge, on behalf of a Contracting Party, of the registration of marks, and any reference in this Protocol to “marks” shall be construed as a reference to trademarks and service marks.
(4) For the purposes of this Protocol, “territory of a Contracting Party” means, where the Contracting Party is a State, the territory of that State and, where the Contracting Party is an intergovernmental organization, the territory in which the constituting treaty of that intergovernmental organization applies.
Article 3
International Application
(1) Every international application under this Protocol shall be presented on the form prescribed by the Regulations. The Office of origin shall certify that the particulars appearing in the international application correspond to the particulars appearing, at the time of the certification, in the basic application or basic registration, as the case may be. Furthermore, the said Office shall indicate,
(i) in the case of a basic application, the date and number of that application,
(ii) in the case of a basic registration, the date and number of that registration as well as the date and number of the application from which the basic registration resulted.
The Office of origin shall also indicate the date of the international application.
(2) The applicant must indicate the goods and services in respect of which protection of the mark is claimed and also, if possible, the corresponding class or classes according to the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. If the applicant does not give such indication, the International Bureau shall classify the goods and services in the appropriate classes of the said classification. The indication of classes given by the applicant shall be subject to control by the International Bureau, which shall exercise the said control in association with the Office of origin. In the event of disagreement between the said Office and the International Bureau, the opinion of the latter shall prevail.
(3) If the applicant claims color as a distinctive feature of his mark, he shall be required
(i) to state the fact, and to file with his international application a notice specifying the color or the combination of colors claimed;
(ii) to append to his international application copies in color of the said mark, which shall be attached to the notifications given by the International Bureau; the number of such copies shall be fixed by the Regulations.
(4) The International Bureau shall register immediately the marks filed in accordance with Article 2. The international registration shall bear the date on which the international application was received in the Office of origin, provided that the international application has been received by the International Bureau within a period of two months from that date. If the international application has not been received within that period, the international registration shall bear the date on which the said international application was received by the International Bureau. The International Bureau shall notify the international registration without delay to the Offices concerned. Marks registered in the International Register shall be published in a periodical gazette issued by the International Bureau, on the basis of the particulars contained in the international application.
(5) With a view to the publicity to be given to marks registered in the International Register, each Office shall receive from the International Bureau a number of copies of the said gazette free of charge and a number of copies at a reduced price, under the conditions fixed by the Assembly referred to in Article 10 (hereinafter referred to as “the Assembly”). Such publicity shall be deemed to be sufficient for the purposes of all the Contracting Parties, and no other publicity may be required of the holder of the international registration.
Article 3bis
Territorial Effect
The protection resulting from the international registration shall extend to any Contracting Party only at the request of the person who files the international application or who is the holder of the international registration. However, no such request can be made with respect to the Contracting Party whose Office is the Office of origin.
Article 3ter
Request for “Territorial Extension”
(1) Any request for extension of the protection resulting from the international registration to any Contracting Party shall be specially mentioned in the international application.
(2) A request for territorial extension may also be made subsequently to the international registration. Any such request shall be presented on the form prescribed by the Regulations. It shall be immediately recorded by the International Bureau, which shall notify such recordal without delay to the Office or Offices concerned. Such recordal shall be published in the periodical gazette of the International Bureau. Such territorial extension shall be effective from the date on which it has been recorded in the International Register; it shall cease to be valid on the expiry of the international registration to which it relates.
Article 4
Effects of International Registration
(1)
(a) From the date of the registration or recordal effected in accordance with the provisions of Articles 3 and 3ter, the protection of the mark in each of the Contracting Parties concerned shall be the same as if the mark had been deposited direct with the Office of that Contracting Party. If no refusal has been notified to the International Bureau in accordance with Article 5(1) and (2) or if a refusal notified in accordance with the said Article has been withdrawn subsequently, the protection of the mark in the Contracting Party concerned shall, as from the said date, be the same as if the mark had been registered by the Office of that Contracting Party.
(b) The indication of classes of goods and services provided for in Article 3 shall not bind the Contracting Parties with regard to the determination of the scope of the protection of the mark.
(2) Every international registration shall enjoy the right of priority provided for by Article 4 of the Paris Convention for the Protection of Industrial Property, without it being necessary to comply with the formalities prescribed in Section D of that Article.
Article 4bis
Replacement of a National or Regional Registration by an International Registration
(1) Where a mark that is the subject of a national or regional registration in the Office of a Contracting Party is also the subject of an international registration and both registrations stand in the name of the same person, the international registration is deemed to replace the national or regional registration, without prejudice to any rights acquired by virtue of the latter, provided that
(i) the protection resulting from the international registration extends to the said Contracting Party under Article 3ter(1) or (2),
(ii) all the goods and services listed in the national or regional registration are also listed in the international registration in respect of the said Contracting Party,
(iii) such extension takes effect after the date of the national or regional registration.
(2) The Office referred to in paragraph (1) shall, upon request, be required to take note in its register of the international registration.
Article 5
Refusal and Invalidation of Effects of International Registration
in Respect of Certain Contracting Parties
(1) Where the applicable legislation so authorizes, any Office of a Contracting Party which has been notified by the International Bureau of an extension to that Contracting Party, under Article 3ter(1) or (2), of the protection resulting from the international registration shall have the right to declare in a notification of refusal that protection cannot be granted in the said Contracting Party to the mark which is the subject of such extension. Any such refusal can be based only on the grounds which would apply, under the Paris Convention for the Protection of Industrial Property, in the case of a mark deposited direct with the Office which notifies the refusal. However, protection may not be refused, even partially, by reason only that the applicable legislation would permit registration only in a limited number of classes or for a limited number of goods or services.
(2)
(a) Any Office wishing to exercise such right shall notify its refusal to the International Bureau, together with a statement of all grounds, within the period prescribed by the law applicable to that Office and at the latest, subject to subparagraphs (b) and (c), before the expiry of one year from the date on which the notification of the extension referred to in paragraph (1) has been sent to that Office by the International Bureau.
(b) Notwithstanding subparagraph (a), any Contracting Party may declare that, for international registrations made under this Protocol, the time limit of one year referred to in subparagraph (a) is replaced by 18 months.
(c) Such declaration may also specify that, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified by the Office of the said Contracting Party to the International Bureau after the expiry of the 18–month time limit. Such an Office may, with respect to any given international registration, notify a refusal of protection after the expiry of the 18–month time limit, but only if
(i) it has, before the expiry of the 18–month time limit, informed the International Bureau of the possibility that oppositions may be filed after the expiry of the 18–month time limit, and
(ii) the notification of the refusal based on an opposition is made within a time limit of one month from the expiry of the opposition period and, in any case, not later than seven months from the date on which the opposition period begins.
(d) Any declaration under subparagraphs (b) or (c) may be made in the instruments referred to in Article 14(2), and the effective date of the declaration shall be the same as the date of entry into force of this Protocol with respect to the State or intergovernmental organization having made the declaration. Any such declaration may also be made later, in which case the declaration shall have effect three months after its receipt by the Director General of the Organization (hereinafter referred to as “the Director General”), or at any later date indicated in the declaration, in respect of any international registration whose date is the same as or is later than the effective date of the declaration.
(e) Upon the expiry of a period of ten years from the entry into force of this Protocol, the Assembly shall examine the operation of the system established by subparagraphs (a) to (d). Thereafter, the provisions of the said subparagraphs may be modified by a unanimous decision of the Assembly*.
(3) The International Bureau shall, without delay, transmit one of the copies of the notification of refusal to the holder of the international registration. The said holder shall have the same remedies as if the mark had been deposited by him direct with the Office which has notified its refusal. Where the International Bureau has received information under paragraph (2)(c)(i), it shall, without delay, transmit the said information to the holder of the international registration.
(4) The grounds for refusing a mark shall be communicated by the International Bureau to any interested party who may so request.
(5) Any Office which has not notified, with respect to a given international registration, any provisional or final refusal to the International Bureau in accordance with paragraphs (1) and (2) shall, with respect to that international registration, lose the benefit of the right provided for in paragraph (1).
(6) Invalidation, by the competent authorities of a Contracting Party, of the effects, in the territory of that Contracting Party, of an international registration may not be pronounced without the holder of such international registration having, in good time, been afforded the opportunity of defending his rights. Invalidation shall be notified to the International Bureau.
Article 5bis
Documentary Evidence of Legitimacy of Use of Certain Elements of the Mark
Documentary evidence of the legitimacy of the use of certain elements incorporated in a mark, such as armorial bearings, escutcheons, portraits, honorary distinctions, titles, trade names, names of persons other than the name of the applicant, or other like inscriptions, which might be required by the Offices of the Contracting Parties shall be exempt from any legalization as well as from any certification other than that of the Office of origin.
Article 5ter
Copies of Entries in International Register;
Searches for Anticipation’s; Extracts from International Register
(1) The International Bureau shall issue to any person applying therefor, upon the payment of a fee fixed by the Regulations, a copy of the entries in the International Register concerning a specific mark.
(2) The International Bureau may also, upon payment, undertake searches for anticipation’s among marks that are the subject of international registrations.
(3) Extracts from the International Register requested with a view to their production in one of the Contracting Parties shall be exempt from any legalization.
Article 6
Period of Validity of International Registration;
Dependence and Independence of International Registration
(1) Registration of a mark at the International Bureau is effected for ten years, with the possibility of renewal under the conditions specified in Article 7.
(2) Upon expiry of a period of five years from the date of the international registration, such registration shall become independent of the basic application or the registration resulting therefrom, or of the basic registration, as the case may be, subject to the following provisions.
(3) The protection resulting from the international registration, whether or not it has been the subject of a transfer, may no longer be invoked if, before the expiry of five years from the date of the international registration, the basic application or the registration resulting therefrom, or the basic registration, as the case may be, has been withdrawn, has lapsed, has been renounced or has been the subject of a final decision of rejection, revocation, cancellation or invalidation, in respect of all or some of the goods and services listed in the international registration. The same applies if
(i) an appeal against a decision refusing the effects of the basic application,
(ii) an action requesting the withdrawal of the basic application or the revocation, cancellation or invalidation of the registration resulting from the basic application or of the basic registration, or
(iii) an opposition to the basic application
results, after the expiry of the five–year period, in a final decision of rejection, revocation, cancellation or invalidation, or ordering the withdrawal, of the basic application, or the registration resulting therefrom, or the basic registration, as the case may be, provided that such appeal, action or opposition had begun before the expiry of the said period. The same also applies if the basic application is withdrawn, or the registration resulting from the basic application or the basic registration is renounced, after the expiry of the five–year period, provided that, at the time of the withdrawal or renunciation, the said application or registration was the subject of a proceeding referred to in (i), (ii) or (iii) and that such proceeding had begun before the expiry of the said period.
(4) The Office of origin shall, as prescribed in the Regulations, notify the International Bureau of the facts and decisions relevant under paragraph (3), and the International Bureau shall, as prescribed in the Regulations, notify the interested parties and effect any publication accordingly. The Office of origin shall, where applicable, request the International Bureau to cancel, to the extent applicable, the international registration, and the International Bureau shall proceed accordingly.
Article 7
Renewal of International Registration
(1) Any international registration may be renewed for a period of ten years from the expiry of the preceding period, by the mere payment of the basic fee and, subject to Article 8(7), of the supplementary and complementary fees provided for in Article 8(2).
(2) Renewal may not bring about any change in the international registration in its latest form.
(3) Six months before the expiry of the term of protection, the International Bureau shall, by sending an unofficial notice, remind the holder of the international registration and his representative, if any, of the exact date of expiry.
(4) Subject to the payment of a surcharge fixed by the Regulations, a period of grace of six months shall be allowed for renewal of the international registration.
Article 8
Fees for International Application and Registration
(1) The Office of origin may fix, at its own discretion, and collect, for its own benefit, a fee which it may require from the applicant for international registration or from the holder of the international registration in connection with the filing of the international application or the renewal of the international registration.
(2) Registration of a mark at the International Bureau shall be subject to the advance payment of an international fee which shall, subject to the provisions of paragraph (7)(a), include,
(i) a basic fee;
(ii) a supplementary fee for each class of the International Classification, beyond three, into which the goods or services to which the mark is applied will fall;
(iii) a complementary fee for any request for extension of protection under Article 3ter.
(3) However, the supplementary fee specified in paragraph (2)(ii) may, without prejudice to the date of the international registration, be paid within the period fixed by the Regulations if the number of classes of goods or services has been fixed or disputed by the International Bureau. If, upon expiry of the said period, the supplementary fee has not been paid or the list of goods or services has not been reduced to the required extent by the applicant, the international application shall be deemed to have been abandoned.
(4) The annual product of the various receipts from international registration, with the exception of the receipts derived from the fees mentioned in paragraph (2)(ii) and (iii), shall be divided equally among the Contracting Parties by the International Bureau, after deduction of the expenses and charges necessitated by the implementation of this Protocol.
(5) The amounts derived from the supplementary fees provided for in paragraph (2)(ii) shall be divided, at the expiry of each year, among the interested Contracting Parties in proportion to the number of marks for which protection has been applied for in each of them during that year, this number being multiplied, in the case of Contracting Parties which make an examination, by a coefficient which shall be determined by the Regulations.
(6) The amounts derived from the complementary fees provided for in paragraph (2)(iii) shall be divided according to the same rules as those provided for in paragraph (5).
(7)
(a) Any Contracting Party may declare that, in connection with each international registration in which it is mentioned under Article 3ter, and in connection with the renewal of any such international registration, it wants to receive, instead of a share in the revenue produced by the supplementary and complementary fees, a fee (hereinafter referred to as “the individual fee”) whose amount shall be indicated in the declaration, and can be changed in further declarations, but may not be higher than the equivalent of the amount which the said Contracting Party’s Office would be entitled to receive from an applicant for a ten–year registration, or from the holder of a registration for a ten–year renewal of that registration, of the mark in the register of the said Office, the said amount being diminished by the savings resulting from the international procedure. Where such an individual fee is payable,
(i) no supplementary fees referred to in paragraph (2)(ii) shall be payable if only Contracting Parties which have made a declaration under this subparagraph are mentioned under Article 3ter, and
(ii) no complementary fee referred to in paragraph (2)(iii) shall be payable in respect of any Contracting Party which has made a declaration under this subparagraph.
(b) Any declaration under subparagraph (a) may be made in the instruments referred to in Article 14(2), and the effective date of the declaration shall be the same as the date of entry into force of this Protocol with respect to the State or intergovernmental organization having made the declaration. Any such declaration may also be made later, in which case the declaration shall have effect three months after its receipt by the Director General, or at any later date indicated in the declaration, in respect of any international registration whose date is the same as or is later than the effective date of the declaration.
Article 9
Recordal of Change in the Ownership of
an International Registration
At the request of the person in whose name the international registration stands, or at the request of an interested Office made ex officio or at the request of an interested person, the International Bureau shall record in the International Register any change in the ownership of that registration, in respect of all or some of the Contracting Parties in whose territories the said registration has effect and in respect of all or some of the goods and services listed in the registration, provided that the new holder is a person who, under Article 2(1), is entitled to file international applications.
Article 9bis
Recordal of Certain Matters Concerning an International Registration
The International Bureau shall record in the International Register
(i) any change in the name or address of the holder of the international registration,
(ii) the appointment of a representative of the holder of the international registration and any other relevant fact concerning such representative,
(iii) any limitation, in respect of all or some of the Contracting Parties, of the goods and services listed in the international registration,
(iv) any renunciation, cancellation or invalidation of the international registration in respect of all or some of the Contracting Parties,
(v) any other relevant fact, identified in the Regulations, concerning the rights in a mark that is the subject of an international registration.
Article 9ter
Fees for Certain Recordals
Any recordal under Article 9 or under Article 9bis may be subject to the payment of a fee.
Article 9quater
Common Office of Several Contracting States
(1) If several Contracting States agree to effect the unification of their domestic legislation’s on marks, they may notify the Director General
(i) that a common Office shall be substituted for the national Office of each of them, and
(ii) that the whole of their respective territories shall be deemed to be a single State for the purposes of the application of all or part of the provisions preceding this Article as well as the provisions of Articles 9quinquies and 9sexies.
(2) Such notification shall not take effect until three months after the date of the communication thereof by the Director General to the other Contracting Parties.
Article 9quinquies
Transformation of an International Registration into National or Regional Applications
Where, in the event that the international registration is cancelled at the request of the Office of origin under Article 6(4), in respect of all or some of the goods and services listed in the said registration, the person who was the holder of the international registration files an application for the registration of the same mark with the Office of any of the Contracting Parties in the territory of which the international registration had effect, that application shall be treated as if it had been filed on the date of the international registration according to Article 3(4) or on the date of recordal of the territorial extension according to Article 3ter(2) and, if the international registration enjoyed priority, shall enjoy the same priority, provided that
(i) such application is filed within three months from the date on which the international registration was cancelled,
(ii) the goods and services listed in the application are in fact covered by the list of goods and services contained in the international registration in respect of the Contracting Party concerned, and
(iii) such application complies with all the requirements of the applicable law, including the requirements concerning fees.
Article 9sexies
Safeguard of the Madrid (Stockholm) Agreement
(1) Where, with regard to a given international application or a given international registration, the Office of origin is the Office of a State that is party to both this Protocol and the Madrid (Stockholm) Agreement, the provisions of this Protocol shall have no effect in the territory of any other State that is also party to both this Protocol and the Madrid (Stockholm) Agreement.
(2) The Assembly may, by a three–fourths majority, repeal paragraph (1), or restrict the scope of paragraph (1), after the expiry of a period of ten years from the entry into force of this Protocol, but not before the expiry of a period of five years from the date on which the majority of the countries party to the Madrid (Stockholm) Agreement have become party to this Protocol. In the vote of the Assembly, only those States which are party to both the said Agreement and this Protocol shall have the right to participate.
Article 10
Assembly
(1)
(a) The Contracting Parties shall be members of the same Assembly as the countries party to the Madrid (Stockholm) Agreement.
(b) Each Contracting Party shall be represented in that Assembly by one delegate, who may be assisted by alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by the Contracting Party which has appointed it, except for the travel expenses and the subsistence allowance of one delegate for each Contracting Party, which shall be paid from the funds of the Union.
(2) The Assembly shall, in addition to the functions which it has under the Madrid (Stockholm) Agreement, also
(i) deal with all matters concerning the implementation of this Protocol;
(ii) give directions to the International Bureau concerning the preparation for conferences of revision of this Protocol, due account being taken of any comments made by those countries of the Union which are not party to this Protocol;
(iii) adopt and modify the provisions of the Regulations concerning the implementation of this Protocol;
(iv) perform such other functions as are appropriate under this Protocol.
(3)
(a) Each Contracting Party shall have one vote in the Assembly. On matters concerning only countries that are party to the Madrid (Stockholm) Agreement, Contracting Parties that are not party to the said Agreement shall not have the right to vote, whereas, on matters concerning only Contracting Parties, only the latter shall have the right to vote.
(b) One–half of the members of the Assembly which have the right to vote on a given matter shall constitute the quorum for the purposes of the vote on that matter.
(c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of the members of the Assembly having the right to vote on a given matter which are represented is less than one–half but equal to or more than one–third of the members of the Assembly having the right to vote on that matter, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the conditions set forth hereinafter are fulfilled. The International Bureau shall communicate the said decisions to the members of the Assembly having the right to vote on the said matter which were not represented and shall invite them to express in writing their vote or abstention within a period of three months from the date of the communication. If, at the expiry of this period, the number of such members having thus expressed their vote or abstention attains the number of the members which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains.
(d) Subject to the provisions of Articles 5(2)(e), 9sexies(2), 12 and 13(2), the decisions of the Assembly shall require two–thirds of the votes cast.
(e) Abstentions shall not be considered as votes.
(f) A delegate may represent, and vote in the name of, one member of the Assembly only.
(4) In addition to meeting in ordinary sessions and extraordinary sessions as provided for by the Madrid (Stockholm) Agreement, the Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of one–fourth of the members of the Assembly having the right to vote on the matters proposed to be included in the agenda of the session. The agenda of such an extraordinary session shall be prepared by the Director General.
Article 11
International Bureau
(1) International registration and related duties, as well as all other administrative tasks, under or concerning this Protocol, shall be performed by the International Bureau.
(2)
(a) The International Bureau shall, in accordance with the directions of the Assembly, make the preparations for the conferences of revision of this Protocol.
(b) The International Bureau may consult with intergovernmental and international non–governmental organizations concerning preparations for such conferences of revision.
(c) The Director General and persons designated by him shall take part, without the right to vote, in the discussions at such conferences of revision.
(3) The International Bureau shall carry out any other tasks assigned to it in relation to this Protocol.
Article 12
Finances
As far as Contracting Parties are concerned, the finances of the Union shall be governed by the same provisions as those contained in Article 12 of the Madrid (Stockholm) Agreement, provided that any reference to Article 8 of the said Agreement shall be deemed to be a reference to Article 8 of this Protocol. Furthermore, for the purposes of Article 12(6)(b) of the said Agreement, Contracting Organizations shall, subject to a unanimous decision to the contrary by the Assembly, be considered to belong to contribution class I (one) under the Paris Convention for the Protection of Industrial Property.
Article 13
Amendment of Certain Articles of the Protocol
(1) Proposals for the amendment of Articles 10, 11, 12, and the present Article, may be initiated by any Contracting Party, or by the Director General. Such proposals shall be communicated by the Director General to the Contracting Parties at least six months in advance of their consideration by the Assembly.
(2) Amendments to the Articles referred to in paragraph (1) shall be adopted by the Assembly. Adoption shall require three–fourths of the votes cast, provided that any amendment to Article 10, and to the present paragraph, shall require four–fifths of the votes cast.
(3) Any amendment to the Articles referred to in paragraph (1) shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three–fourths of those States and intergovernmental organizations which, at the time the amendment was adopted, were members of the Assembly and had the right to vote on the amendment. Any amendment to the said Articles thus accepted shall bind all the States and intergovernmental organizations which are Contracting Parties at the time the amendment enters into force, or which become Contracting Parties at a subsequent date.
Article 14
Becoming Party to the Protocol;
Entry into Force
(1)
(a) Any State that is a party to the Paris Convention for the Protection of Industrial Property may become party to this Protocol.
(b) Furthermore, any intergovernmental organization may also become party to this Protocol where the following conditions are fulfilled:
(i) at least one of the member States of that organization is a party to the Paris Convention for the Protection of Industrial Property;
(ii) that organization has a regional Office for the purposes of registering marks with effect in the territory of the organization, provided that such Office is not the subject of a notification under Article 9quater.
(2) Any State or organization referred to in paragraph (1) may sign this Protocol. Any such State or organization may, if it has signed this Protocol, deposit an instrument of ratification, acceptance or approval of this Protocol or, if it has not signed this Protocol, deposit an instrument of accession to this Protocol.
(3) The instruments referred to in paragraph (2) shall be deposited with the Director General.
(4)
(a) This Protocol shall enter into force three months after four instruments of ratification, acceptance, approval or accession have been deposited, provided that at least one of those instruments has been deposited by a country party to the Madrid (Stockholm) Agreement and at least one other of those instruments has been deposited by a State not party to the Madrid (Stockholm) Agreement or by any of the organizations referred to in paragraph (1)(b).
(b) With respect to any other State or organization referred to in paragraph (1), this Protocol shall enter into force three months after the date on which its ratification, acceptance, approval or accession has been notified by the Director General.
(5) Any State or organization referred to in paragraph (1) may, when depositing its instrument of ratification, acceptance or approval of, or accession to, this Protocol, declare that the protection resulting from any international registration effected under this Protocol before the date of entry into force of this Protocol with respect to it cannot be extended to it.
Article 15
Denunciation
(1) This Protocol shall remain in force without limitation as to time.
(2) Any Contracting Party may denounce this Protocol by notification addressed to the Director General.
(3) Denunciation shall take effect one year after the day on which the Director General has received the notification.
(4) The right of denunciation provided for by this Article shall not be exercised by any Contracting Party before the expiry of five years from the date upon which this Protocol entered into force with respect to that Contracting Party.
(5)
(a) Where a mark is the subject of an international registration having effect in the denouncing State or intergovernmental organization at the date on which the denunciation becomes effective, the holder of such registration may file an application for the registration of the same mark with the Office of the denouncing State or intergovernmental organization, which shall be treated as if it had been filed on the date of the international registration according to Article 3(4) or on the date of recordal of the territorial extension according to Article 3ter(2) and, if the international registration enjoyed priority, enjoy the same priority, provided that
(i) such application is filed within two years from the date on which the denunciation became effective,
(ii) the goods and services listed in the application are in fact covered by the list of goods and services contained in the international registration in respect of the denouncing State or intergovernmental organization, and
(iii) such application complies with all the requirements of the applicable law, including the requirements concerning fees.
(b) The provisions of subparagraph (a) shall also apply in respect of any mark that is the subject of an international registration having effect in Contracting Parties other than the denouncing State or intergovernmental organization at the date on which denunciation becomes effective and whose holder, because of the denunciation, is no longer entitled to file international applications under Article 2(1).
Article 16
Signature; Languages; Depository Functions
(1)
(a) This Protocol shall be signed in a single copy in the English, French and Spanish languages, and shall be deposited with the Director General when it ceases to be open for signature at Madrid. The texts in the three languages shall be equally authentic.
(b) Official texts of this Protocol shall be established by the Director General, after consultation with the interested governments and organizations, in the Arabic, Chinese, German, Italian, Japanese, Portuguese and Russian languages, and in such other languages as the Assembly may designate.
(2) This Protocol shall remain open for signature at Madrid until December 31, 1989.
(3) The Director General shall transmit two copies, certified by the Government of Spain, of the signed texts of this Protocol to all States and intergovernmental organizations that may become party to this Protocol.
(4) The Director General shall register this Protocol with the Secretariat of the United Nations.
(5) The Director General shall notify all States and international organizations that may become or are party to this Protocol of signatures, deposits of instruments of ratification, acceptance, approval or accession, the entry into force of this Protocol and any amendment thereto, any notification of denunciation and any declaration provided for in this Protocol.
________________________________________
* Interpretative statement adopted by the Assembly of the Madrid Union:
"Article 5(2)(e) of the Protocol is understood as allowing the Assembly to keep under review the operation of the system established by subparagraphs (a) to (d), it being also understood that any modification of those provisions shall require a unanimous decision of the Assembly."
1 Official English title.
Entry into force: See Article 14.
Source: International Bureau of WIPO. |
|
|
|
|
|
|
|
| |
|
|
Forum FAQ
Search
Preferences
Watched Topics
Log in to check your private messages
Log in
