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Sovereign Law Series

Paris “Convention for the
Protection of Industrial
Property” of 1979


Short-Form Reference:

1979 “Convention on Industrial Property”

In-Line Micro Reference:

1979 “Industrial Property”

Ratification / Registration:

UN-WTO Revision of 1883 Treaty (28 September 1979)


© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.

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punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).



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Introductory Notes by the Independent Judiciary

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Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).

Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.

Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
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Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

Convention for the Protection of Industrial Property


Article 1

Establishment of the Union; Scope of Industrial Property

1.
The countries to which this Convention applies constitute a Union for the
protection of industrial property.

2.
The protection of industrial property has as its object patents, utility models,
industrial designs, trademarks, service marks, trade names, indications of source or
appellations of origin, and the repression of unfair competition.

3.
Industrial property shall be understood in the broadest sense and shall apply not
only to industry and commerce proper, but likewise to agricultural and extractive
industries and to all manufactured or natural products, for example, wines, grain,
tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.

4.
Patents shall include the various kinds of industrial patents recognized by the
laws of the countries of the Union, such as patents of importation, patents of
improvement, patents and certificates of addition, etc.

Article 2

National Treatment for Nationals of Countries of the Union

1.
Nationals of any country of the Union shall, as regards the protection of
industrial property, enjoy in all the other countries of the Union the advantages that
their respective laws now grant, or may hereafter grant, to nationals; all without
prejudice to the rights specially provided for by this Convention. Consequently, they
shall have the same protection as the latter, and the same legal remedy against any
infringement of their rights, provided that the conditions and formalities imposed
upon nationals are complied with.

2.
However, no requirement as to domicile or establishment in the country where
protection is claimed may be imposed upon nationals of countries of the Union for the
enjoyment of any industrial property rights.

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3.
The provisions of the laws of each of the countries of the Union relating to
judicial and administrative procedure and to jurisdiction, and to the designation of an
address for service or the appointment of an agent, which may be required by the laws
on industrial property are expressly reserved.

Article 3

Same Treatment for Certain Categories of Persons
as for Nationals of Countries of the Union

Nationals of countries outside the Union who are domiciled or who have real and
effective industrial or commercial establishments in the territory of one of the
countries of the Union shall be treated in the same manner as nationals of the
countries of the Union.

Article 4

Patents, Utility Models, Industrial Designs, Marks,
Inventors’ Certificates: Right of Priority

A.
(1)
Any person who has duly filed an application for a patent, or for the
registration of a utility model, or of an industrial design, or of a trademark, in one of
the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing
in the other countries, a right of priority during the periods hereinafter fixed.

(2)
Any filing that is equivalent to a regular national filing under the domestic
legislation of any country of the Union or under bilateral or multilateral treaties
concluded between countries of the Union shall be recognized as giving rise to the
right of priority.

(3)
By a regular national filing is meant any filing that is adequate to establish
the date on which the application was filed in the country concerned, whatever may
be the subsequent fate of the application.

B.
Consequently, any subsequent filing in any of the other countries of the Union
before the expiration of the periods referred to above shall not be invalidated by
reason of any acts accomplished in the interval, in particular, another filing, the
publication or exploitation of the invention, the putting on sale of copies of the design,
or the use of the mark, and such acts cannot give rise to any third-party right or any
right of personal possession. Rights acquired by third parties before the date of the
first application that serves as the basis for the right of priority are reserved in
accordance with the domestic legislation of each country of the Union

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C.
(1)
The periods of priority referred to above shall be twelve months for
patents and utility models, and six months for industrial designs and trademarks.

(2)
These periods shall start from the date of filing of the first application;
The day of filing shall not be included in the period.

(3)
If the last day of the period is an official holiday, or a day when the Office
is not open for the filing of applications in the country where protection is claimed, the
period shall be extended until the first following working day.

(4)
A subsequent application concerning the same subject as a previous first
application within the meaning of paragraph (2), above, filed in the same country of
the Union shall be considered as the first application, of which the filing date shall be
the starting point of the period of priority, if, at the time of filing the subsequent
application, the said previous application has been withdrawn, abandoned, or refused,
without having been laid open to public inspection and without leaving any rights
outstanding, and if it has not yet served as a basis for claiming a right of priority. The
previous application may not thereafter serve as a basis for claiming a right of priority.

D.
(1)
Any person desiring to take advantage of the priority of a previous filing
shall be required to make a declaration indicating the date of such filing and the
country in which it was made. Each country shall determine the latest date on which
such declaration must be made.

(2)
These particulars shall be mentioned in the publications issued by the
competent authority, and in particular in the patents and the specifications relating
thereto.

(3)
The countries of the Union may require any person making a declaration
of priority to produce a copy of the application (description, drawings, etc.) previously
filed. The copy, certified as correct by the authority which received such application,
shall not require any authentication, and may in any case be filed, without fee, at any
time within three months of the filing of the subsequent application. They may
require it to be accompanied by a certificate from the same authority showing the
date of filing, and by a translation.

(4)
No other formalities may be required for the declaration of priority at the
time of filing the application. Each country of the Union shall determine the
consequences of failure to comply with the formalities prescribed by this Article, but
such consequences shall in no case go beyond the loss of the right of priority.

(5)
Subsequently, further proof may be required.

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Any person who avails himself of the priority of a previous application shall be
required to specify the number of that application; this number shall be published as
provided for by paragraph (2), above.

E.
(1) Where an industrial design is filed in a country by virtue of a right of
priority based on the filing of a utility model, the period of priority shall be the same as
that fixed for industrial designs.

(2)
Furthermore, it is permissible to file a utility model in a country by virtue
of a right of priority based on the filing of a patent application, and vice versa.

F.
No country of the Union may refuse a priority or a patent application on the
ground that the applicant claims multiple priorities, even if they originate in different
countries, or on the ground that an application claiming one or more priorities
contains one or more elements that were not included in the application or
applications whose priority is claimed, provided that, in both cases, there is unity of
invention within the meaning of the law of the country.

With respect to the elements not included in the application or applications whose
priority is claimed, the filing of the subsequent application shall give rise to a right of
priority under ordinary conditions.

G.
(1)
If the examination reveals that an application for a patent contains more
than one invention, the applicant may divide the application into a certain number of
divisional applications and preserve as the date of each the date of the initial
application and the benefit of the right of priority, if any.

(2)
The applicant may also, on his own initiative, divide a patent application
and preserve as the date of each divisional application the date of the initial
application and the benefit of the right of priority, if any. Each country of the Union
shall have the right to determine the conditions under which such division shall be
authorized.

H.
Priority may not be refused on the ground that certain elements of the
invention for which priority is claimed do not appear among the claims formulated in
the application in the country of origin, provided that the application documents as a
whole specifically disclose such elements.

I.
(1)
Applications for inventors’ certificates filed in a country in which
applicants have the right to apply at their own option either for a patent or for an
inventor’s certificate shall give rise to the right of priority provided for by this Article,
under the same conditions and with the same effects as applications for patents.

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(2)
In a country in which applicants have the right to apply at their own
option either for a patent or for an inventor’s certificate, an applicant for an inventor’s
certificate shall, in accordance with the provisions of this Article relating to patent
applications, enjoy a right of priority based on an application for a patent, a utility
model, or an inventor’s certificate.

Article 4-bis (2nd Part)

Patents: Independence of Patents Obtained for the
Same Invention in Different Countries

1.
Patents applied for in the various countries of the Union by nationals of
countries of the Union shall be independent of patents obtained for the same
invention in other countries, whether members of the Union or not.

2.
The foregoing provision is to be understood in an unrestricted sense, in
particular, in the sense that patents applied for during the period of priority are
independent, both as regards the grounds for nullity and forfeiture, and as regards
their normal duration.

3.
The provision shall apply to all patents existing at the time when it comes into
effect.

4.
Similarly, it shall apply, in the case of the accession of new countries, to patents
in existence on either side at the time of accession.

5.
Patents obtained with the benefit of priority shall, in the various countries of the
Union, have a duration equal to that which they would have, had they been applied
for or granted without the benefit of priority.

Article 4-ter (3rd Part)

Patents: Mention of the Inventor in the Patent

The inventor shall have the right to be mentioned as such in the patent.



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Article 4-quarter (4th Part)

Patents: Patentability in Case of Restrictions of Sale by Law

The grant of a patent shall not be refused and a patent shall not be invalidated on the
ground that the sale of the patented product or of a product obtained by means of a
patented process is subject to restrictions or limitations resulting from the domestic
law.

Article 5

A.
Patents:
Importation of Articles; Failure to Work or Insufficient Working;



Compulsory Licenses

(1)
Importation by the patentee into the country where the patent has been
granted of articles manufactured in any of the countries of the Union shall not entail
forfeiture of the patent.

(2)
Each country of the Union shall have the right to take legislative measures
providing for the grant of compulsory licenses to prevent the abuses which might
result from the exercise of the exclusive rights conferred by the patent, for example,
failure to work.

(3)
Forfeiture of the patent shall not be provided for except in cases where
the grant of compulsory licenses would not have been sufficient to prevent the said
abuses. No proceedings for the forfeiture or revocation of a patent may be instituted
before the expiration of two years from the grant of the first compulsory license.

(4)
A compulsory license may not be applied for on the ground of failure to
work or insufficient working before the expiration of a period of four years from the
date of filing of the patent application or three years from the date of the grant of the
patent, whichever period expires last; It shall be refused if the patentee justifies his
inaction by legitimate reasons. Such a compulsory license shall be non-exclusive and
shall not be transferable, even in the form of the grant of a sub-license, except with
that part of the enterprise or goodwill which exploits such license.

(5)
The foregoing provisions shall be applicable, mutatis mutandis, to utility
models.



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B.
Industrial Designs:
Failure to Work; Importation of Articles

The protection of industrial designs shall not, under any circumstance, be subject to
any forfeiture, either by reason of failure to work or by reason of the importation of
articles corresponding to those which are protected.

C. Marks:
Failure to Use; Different Forms; Use by Co-proprietors

(1)
If, in any country, use of the registered mark is compulsory, the
registration may be cancelled only after a reasonable period, and then only if the
person concerned does not justify his inaction.

(2)
Use of a trademark by the proprietor in a form differing in elements
which do not alter the distinctive character of the mark in the form in which it was
registered in one of the countries of the Union shall not entail invalidation of the
registration and shall not diminish the protection granted to the mark.

(3)
Concurrent use of the same mark on identical or similar goods by
industrial or commercial establishments considered as co-proprietors of the mark
according to the provisions of the domestic law of the country where protection is
claimed shall not prevent registration or diminish in any way the protection granted to
the said mark in any country of the Union, provided that such use does not result in
misleading the public and is not contrary to the public interest.

D. Marking: Patents, Utility Models, Marks, Industrial Designs

No indication or mention of the patent, of the utility model, of the registration of the
trademark, or of the deposit of the industrial design, shall be required upon the goods
as a condition of recognition of the right to protection.

Article 5-bis (2nd Part)

All Industrial Property Rights: Maintenance of Rights; Restoration

1.
A period of grace of not less than six months shall be allowed for the payment of
the fees prescribed for the maintenance of industrial property rights, subject, if the
domestic legislation so provides, to the payment of a surcharge.

2.
The countries of the Union shall have the right to provide for the restoration of
patents which have lapsed by reason of non-payment of fees.



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Article 5-ter (3rd Part)

Patents: Patented Devices Forming Part of Vessels, Aircraft, or Land Vehicles

In any country of the Union the following shall not be considered as infringements of
the rights of a patentee:

(i)
The use on board vessels of other countries of the Union of devices
forming the subject of his patent in the body of the vessel, in the machinery, tackle,
gear and other accessories, when such vessels temporarily or accidentally enter the
waters of the said country, provided that such devices are used there exclusively for
the needs of the vessel;

(ii)
The use of devices forming the subject of the patent in the construction
or operation of aircraft or land vehicles of other countries of the Union, or of
accessories of such aircraft or land vehicles, when those aircraft or land vehicles
temporarily or accidentally enter the said country.

Article 5-quarter (4th Part)

Patents: Importation of Products Manufactured by a Process
Patented in the Importing Country

When a product is imported into a country of the Union where there exists a patent
protecting a process of manufacture of the said product, the patentee shall have all
the rights, with regard to the imported product, that are accorded to him by the
legislation of the country of importation, on the basis of the process patent, with
respect to products manufactured in that country.

Article 5-quinquies (5th Part)

Industrial Designs

Industrial designs shall be protected in all the countries of the Union.



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Article 6

Marks: Conditions of Registration; Independence of Protection
of Same Mark in Different Countries

1.
The conditions for the filing and registration of trademarks shall be determined
in each country of the Union by its domestic legislation.

2.
However, an application for the registration of a mark filed by a national of a
country of the Union in any country of the Union may not be refused, nor may a
registration be invalidated, on the ground that filing, registration, or renewal, has not
been effected in the country of origin.

3.
A mark duly registered in a country of the Union shall be regarded as
independent of marks registered in the other countries of the Union, including the
country of origin.

Article 6-bis (2nd Part)

Marks: Well-Known Marks

1.
The countries of the Union undertake, ex officio if their legislation so permits, or
at the request of an interested party, to refuse or to cancel the registration, and to
prohibit the use, of a trademark which constitutes a reproduction, an imitation, or a
translation, liable to create confusion, of a mark considered by the competent
authority of the country of registration or use to be well known in that country as
being already the mark of a person entitled to the benefits of this Convention and
used for identical or similar goods. These provisions shall also apply when the
essential part of the mark constitutes a reproduction of any such well-known mark or
an imitation liable to create confusion therewith.

2.
A period of at least five years from the date of registration shall be allowed for
requesting the cancellation of such a mark. The countries of the Union may provide
for a period within which the prohibition of use must be requested.

3.
No time limit shall be fixed for requesting the cancellation or the prohibition of
the use of marks registered or used in bad faith.




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Article 6-ter (3rd Part)

Marks: Prohibitions concerning State Emblems, Official Hallmarks,
and Emblems of Intergovernmental Organizations

1.
(a)
The countries of the Union agree to refuse or to invalidate the
registration, and to prohibit by appropriate measures the use, without authorization
by the competent authorities, either as trademarks or as elements of trademarks, of
armorial bearings, flags, and other State emblems, of the countries of the Union,
official signs and hallmarks indicating control and warranty adopted by them, and any
imitation from a heraldic point of view.

[Note that this protects State emblems of heraldry, prohibiting unauthorized use,
without need for registration in any country, evidencing that this is a sovereign right in
customary international law.]

(b)
The provisions of subparagraph (a), above, shall apply equally to armorial
bearings, flags, other emblems, abbreviations, and names, of
international
intergovernmental organizations of which one or more countries of the Union are
members, with the exception of armorial bearings, flags, other emblems,
abbreviations, and names, that are already the subject of international agreements in
force, intended to ensure their protection.

[Note that this specifically protects State emblems of “intergovernmental
organizations” (IGO’s), not only territorial countries.]

(c)
No country of the Union shall be required to apply the provisions of
subparagraph (b), above, to the prejudice of the owners of rights acquired in good
faith before the entry into force, in that country, of this Convention. The countries of
the Union shall not be required to apply the said provisions when the use or
registration referred to in subparagraph (a), above, is not of such a nature as to
suggest to the public that a connection exists between the organization concerned and
the armorial bearings, flags, emblems, abbreviations, and names, or if such use or
registration is probably not of such a nature as to mislead the public as to the
existence of a connection between the user and the organization.

2.
Prohibition of the use of official signs and hallmarks indicating control and
warranty shall apply solely in cases where the marks in which they are incorporated
are intended to be used on goods of the same or a similar kind.

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3.
(a)
For the application of these provisions, the countries of the Union agree
to communicate reciprocally, through the intermediary of the International Bureau,
the list of State emblems, and official signs and hallmarks indicating control and
warranty, which they desire, or may hereafter desire, to place wholly or within certain
limits under the protection of this Article, and all subsequent modifications of such list.
Each country of the Union shall in due course make available to the public the lists so
communicated. Nevertheless such communication is not obligatory in respect of flags
of States.

(b)
The provisions of subparagraph (b) of paragraph (1) of this Article shall
apply only to such armorial bearings, flags, other emblems, abbreviations, and names,
of international intergovernmental organizations as the latter have communicated to
the countries of the Union through the intermediary of the International Bureau.

4.
Any country of the Union may, within a period of twelve months from the
receipt of the notification, transmit its objections, if any, through the intermediary of
the International Bureau, to the country or international intergovernmental
organization concerned.

5.
In the case of State flags, the measures prescribed by paragraph (1), above, shall
apply solely to marks registered after November 6, 1925.

6.
In the case of State emblems other than flags, and of official signs and hallmarks
of the countries of the Union, and in the case of armorial bearings, flags, other
emblems, abbreviations, and names, of international intergovernmental organizations,
these provisions shall apply only to marks registered more than two months after
receipt of the communication provided for in paragraph (3), above.

7.
In cases of bad faith, the countries shall have the right to cancel even those
marks incorporating State emblems, signs, and hallmarks, which were registered
before November 6, 1925.

8.
Nationals of any country who are authorized to make use of the State emblems,
signs, and hallmarks, of their country may use them even if they are similar to those of
another country.

9.
The countries of the Union undertake to prohibit the unauthorized use in trade
of the State armorial bearings of the other countries of the Union, when the use is of
such a nature as to be misleading as to the origin of the goods.

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10.
The above provisions shall not prevent the countries from exercising the right
given in paragraph (3) of Article 6-Quinquies, Section B, to refuse or to invalidate the
registration of marks incorporating, without authorization, armorial bearings, flags,
other State emblems, or official signs and hallmarks adopted by a country of the
Union, as well as the distinctive signs of international intergovernmental organizations
referred to in paragraph (1), above.

Article 6-quarter (4th Part)

Marks: Assignment of Marks

1.
When, in accordance with the law of a country of the Union, the assignment of a
mark is valid only if it takes place at the same time as the transfer of the business or
goodwill to which the mark belongs, it shall suffice for the recognition of such validity
that the portion of the business or goodwill located in that country be transferred to
the assignee, together with the exclusive right to manufacture in the said country, or
to sell therein, the goods bearing the mark assigned.

2.
The foregoing provision does not impose upon the countries of the Union any
obligation to regard as valid the assignment of any mark the use of which by the
assignee would, in fact, be of such a nature as to mislead the public, particularly as
regards the origin, nature, or essential qualities, of the goods to which the mark is
applied.

Article 6-quinquies (5th Part)

Marks: Protection of Marks Registered in One Country of the Union
in the Other Countries of the Union

A.
(1)
Every trademark duly registered in the country of origin shall be accepted
for filing and protected as is in the other countries of the Union, subject to the
reservations indicated in this Article. Such countries may, before proceeding to final
registration, require the production of a certificate of registration in the country of
origin, issued by the competent authority. No authentication shall be required for this
certificate.

(2)
Shall be considered the country of origin the country of the Union where
the applicant has a real and effective industrial or commercial establishment, or, if he
has no such establishment within the Union, the country of the Union where he has
his domicile, or, if he has no domicile within the Union but is a national of a country of
the Union, the country of which he is a national.

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B.
Trademarks covered by this Article may be neither denied registration nor
invalidated except in the following cases:

(i)
when they are of such a nature as to infringe rights acquired by third
parties in the country where protection is claimed;

(ii) when they are devoid of any distinctive character, or consist exclusively of
signs or indications which may serve, in trade, to designate the kind, quality, quantity,
intended purpose, value, place of origin, of the goods, or the time of production, or
have become customary in the current language or in the bona fide and established
practices of the trade of the country where protection is claimed;

(iii) when they are contrary to morality or public order and, in particular, of
such a nature as to deceive the public. It is understood that a mark may not be
considered contrary to public order for the sole reason that it does not conform to a
provision of the legislation on marks, except if such provision itself relates to public
order.

This provision is subject, however, to the application of Article 10-Bis.

C.
(1)
In determining whether a mark is eligible for protection, all the factual
circumstances must be taken into consideration, particularly the length of time the
mark has been in use.

(2)
No trademark shall be refused in the other countries of the Union for the
sole reason that it differs from the mark protected in the country of origin only in
respect of elements that do not alter its distinctive character and do not affect its
identity in the form in which it has been registered in the said country of origin.

D.
No person may benefit from the provisions of this Article if the mark for which
he claims protection is not registered in the country of origin.

E.
However, in no case shall the renewal of the registration of the mark in the
country of origin involve an obligation to renew the registration in the other countries
of the Union in which the mark has been registered.

F.
The benefit of priority shall remain unaffected for applications for the
registration of marks filed within the period fixed by Article 4, even if registration in
the country of origin is effected after the expiration of such period.



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Article 6-sexies (6th Part)

Marks: Service Marks

The countries of the Union undertake to protect service marks. They shall not be
required to provide for the registration of such marks.

[Service Marks are essentially Trademarks for professional services, instead of for
products. Service Marks are protected without need for registration in any country,
evidencing that this is a Common Law right in customary international law.]

Article 6-septies (7th Part)

Marks: Registration in the Name of the Agent or Representative
of the Proprietor Without the Latter’s Authorization

1.
If the agent or representative of the person who is the proprietor of a mark in
one of the countries of the Union applies, without such proprietor’s authorization, for
the registration of the mark in his own name, in one or more countries of the Union,
the proprietor shall be entitled to oppose the registration applied for or demand its
cancellation or, if the law of the country so allows, the assignment in his favor of the
said registration, unless such agent or representative justifies his action.

2.
The proprietor of the mark shall, subject to the provisions of paragraph (1),
above, be entitled to oppose the use of his mark by his agent or representative if he
has not authorized such use.

3.
Domestic legislation may provide an equitable time limit within which the
proprietor of a mark must exercise the rights provided for in this Article.

Article 7

Marks: Nature of the Goods to which the Mark is Applied

The nature of the goods to which a trademark is to be applied shall in no case form an
obstacle to the registration of the mark.



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Article 7-bis (2nd Part)

Marks: Collective Marks

1.
The countries of the Union undertake to accept for filing and to protect
collective marks belonging to associations the existence of which is not contrary to the
law of the country of origin, even if such associations do not possess an industrial or
commercial establishment.

2.
Each country shall be the judge of the particular conditions under which a
collective mark shall be protected and may refuse protection if the mark is contrary to
the public interest.

3.
Nevertheless, the protection of these marks shall not be refused to any
association the existence of which is not contrary to the law of the country of origin,
on the ground that such association is not established in the country where protection
is sought or is not constituted according to the law of the latter country.

[Associations are Common Law unregistered entities in customary international law.
Collective Marks are essentially the Trademarks of Associations, which are protected
specifically if the entity is unregistered in any country, evidencing that such branding is
a Common Law right in customary law.]

Article 8

Trade Names

A trade name shall be protected in all the countries of the Union without the
obligation of filing or registration, whether or not it forms part of a trademark.

[Trade Names are essentially Trademarks consisting of a name, instead of a logo for
products or services. Trade Names are protected without need for registration in any
country, evidencing that this is a Common Law right in customary international law.]



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Article 9

Marks, Trade Names: Seizure, on Importation, etc., of Goods
Unlawfully Bearing a Mark or Trade Name

1.
All goods unlawfully bearing a trademark or trade name shall be seized on
importation into those countries of the Union where such mark or trade name is
entitled to legal protection.

2.
Seizure shall likewise be effected in the country where the unlawful affixation
occurred or in the country into which the goods were imported.

3.
Seizure shall take place at the request of the public prosecutor, or any other
competent authority, or any interested party, whether a natural person or a legal
entity, in conformity with the domestic legislation of each country.

4.
The authorities shall not be bound to effect seizure of goods in transit.

5.
If the legislation of a country does not permit seizure on importation, seizure
shall be replaced by prohibition of importation or by seizure inside the country.

6.
If the legislation of a country permits neither seizure on importation nor
prohibition of importation nor seizure inside the country, then, until such time as the
legislation is modified accordingly, these measures shall be replaced by the actions
and remedies available in such cases to nationals under the law of such country.

Article 10

False Indications: Seizure, on Importation, etc., of Goods
Bearing False Indications as to their Source
or the Identity of the Producer

1.
The provisions of the preceding Article [Seizure] shall apply in cases of direct or
indirect use of a false indication of the source of the goods or the identity of the
producer, manufacturer, or merchant.

2.
Any producer, manufacturer, or merchant, whether a natural person or a legal
entity, engaged in the production or manufacture of or trade in such goods and
established either in the locality falsely indicated as the source, or in the region where
such locality is situated, or in the country falsely indicated, or in the country where the
false indication of source is used, shall in any case be deemed an interested party.

19

Article 10-bis (2nd Part)

Unfair Competition

1.
The countries of the Union are bound to assure to nationals of such countries
effective protection against unfair competition.

2.
Any act of competition contrary to honest practices in industrial or commercial
matters constitutes an act of unfair competition.

3.
The following in particular shall be prohibited:

(i)
all acts of such a nature as to create confusion by any means whatever
with the establishment, the goods, or the industrial or commercial activities, of a
competitor;

(ii)
false allegations in the course of trade of such a nature as to discredit the
establishment, the goods, or the industrial or commercial activities, of a competitor;

(iii)
indications or allegations [claims] the use of which in the course of trade
is liable [likely] to mislead the public as to the nature, the manufacturing process, the
characteristics, the suitability for their purpose, or the quantity, of the goods.

Article 10-ter (3rd Part)

Marks, Trade Names, False Indications, Unfair Competition:
Remedies, Right to Sue

1.
The countries of the Union undertake to assure to nationals of the other
countries of the Union appropriate legal remedies effectively to repress all the acts
referred to in Articles 9, 10, and 10-bis.

2.
They undertake, further, to provide measures to permit federations and
associations representing interested industrialists, producers, or merchants, provided
that the existence of such federations and associations is not contrary to the laws of
their countries, to take action in the courts or before the administrative authorities,
with a view to the repression of the acts referred to in Articles 9, 10, and 10-bis, in so
far as the law of the country in which protection is claimed allows such action by
federations and associations of that country.



20


Article 11

Inventions, Utility Models, Industrial Designs, Marks:
Temporary Protection at Certain International Exhibitions

1.
The countries of the Union shall, in conformity with their domestic legislation,
grant temporary protection to patentable inventions, utility models, industrial designs,
and trademarks, in respect of goods exhibited at official or officially recognized
international exhibitions held in the territory of any of them.

2.
Such temporary protection shall not extend the periods provided by Article 4. If,
later, the right of priority is invoked, the authorities of any country may provide that
the period shall start from the date of introduction of the goods into the exhibition.

3.
Each country may require, as proof of the identity of the article exhibited and of
the date of its introduction, such documentary evidence as it considers necessary.

Article 12

Special National Industrial Property Services

1.
Each country of the Union undertakes to establish a special industrial property
service and a central office for the communication to the public of patents, utility
models, industrial designs, and trademarks.

2.
This service shall publish an official periodical journal. It shall publish regularly:

(a)
the names of the proprietors of patents granted, with a brief designation
of the inventions patented;

(b)
the reproductions of registered trademarks.



21


Article 13

Assembly of the Union

1.
(a)
The Union shall have an Assembly consisting of those countries of the
Union which are bound by Articles 13 to 17.

(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.

2.
(a)
The Assembly shall:

(i)
deal with all matters concerning the maintenance and development
of the Union and the implementation of this Convention;

(ii)
give directions concerning the preparation for conferences of
revision to 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”), due account being taken of any comments
made by those countries of the Union which are not hound by Articles 13 to 17;

(iii)
review and approve the reports and activities of the Director
General of the Organization concerning the Union, and give him all necessary
instructions concerning matters within the competence of the Union;

(iv) elect the members of the Executive Committee of the Assembly;

(v)
review and approve the reports and activities of its Executive
Committee, and give instructions to such Committee;

(vi) determine the program and adopt the biennial budget of the
Union, and approve its final accounts;

(vii) adopt the financial regulations of the Union;

(viii) establish such committees of experts and working groups as it
deems appropriate to achieve the objectives of the Union;

22

(ix) determine which countries not members of the Union and which
intergovernmental and international nongovernmental organizations shall be
admitted to its meetings as observers;

(x)
adopt amendments to Articles 13 to 17;

(xi)
take any other appropriate action designed to further the
objectives of the Union;

(xii) perform such other functions as are appropriate under this
Convention;

(xiii) subject to its acceptance, exercise such rights as are given to it in
the Convention establishing the Organization.

(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)
Subject to the provisions of subparagraph (b), a delegate may represent
one country only.

(b)
Countries of the Union grouped under the terms of a special agreement in
a common office possessing for each of them the character of a special national
service of industrial property as referred to in Article 12 may be jointly represented
during discussions by one of their number.

4.
(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.

23

(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 17(2), the decisions of the Assembly
shall require two-thirds of the votes cast.

(e)
Abstentions shall not be considered as votes.

5.
(a)
Subject to the provisions of subparagraph (b), a delegate may vote in the
name of one country only.

(b)
The countries of the Union referred to in paragraph (3)(b) shall, as a
general rule, endeavor to send their own delegations to the sessions of the Assembly.
If, however, for exceptional reasons, any such country cannot send its own delegation,
it may give to the delegation of another such country the power to vote in its name,
provided that each delegation may vote by proxy for one country only. Such power to
vote shall be granted in a document signed by the Head of State or the competent
Minister.

6.
Countries of the Union not members of the Assembly shall be admitted to the
meetings of the latter as observers.

7.
(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 the Executive Committee or at the request of
one-fourth of the countries members of the Assembly.

8.
The Assembly shall adopt its own rules of procedure.

24

Article 14

Executive Committee

1.
The Assembly shall have an Executive Committee.

2.
(a)
The Executive Committee shall consist of countries elected by the
Assembly from among countries members of the Assembly. Furthermore, the country
on whose territory the Organization has its headquarters shall, subject to the
provisions of Article 16(7)(b), have an ex officio seat on the Committee.

(b)
The Government of each country member of the Executive Committee
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.

3.
The number of countries members of the Executive Committee shall correspond
to one-fourth of the number of countries members of the Assembly. In establishing
the number of seats to be filled, remainders after division by four shall be disregarded.

4.
In electing the members of the Executive Committee, the Assembly shall have
due regard to an equitable geographical distribution and to the need for countries
party to the Special Agreements established in relation with the Union to be among
the countries constituting the Executive Committee.

5.
(a)
Each member of the Executive Committee shall serve from the close of
the session of the Assembly which elected it to the close of the next ordinary session
of the Assembly.

(b) Members of the Executive Committee may be re-elected, but only up to a
maximum of two-thirds of such members.

(c)
The Assembly shall establish the details of the rules governing the
election and possible re-election of the members of the Executive Committee.

6.
(a)
The Executive Committee shall:

(i)
prepare the draft agenda of the Assembly;

(ii)
submit proposals to the Assembly in respect of the draft program
and biennial budget of the Union prepared by the Director General;
25


(iii)
[deleted]

(iv)
submit, with appropriate comments, to the Assembly the periodical
reports of the Director General and the yearly audit reports on the accounts;

(v)
take all necessary measures to ensure the execution of the program
of the Union by the Director General, in accordance with the decisions of the
Assembly and having regard to circumstances arising between two ordinary
sessions of the Assembly;

(vi)
perform such other functions as are allocated to it under this
Convention.

(b) With respect to matters which are of interest also to other Unions
administered by the Organization, the Executive Committee shall make its decisions
after having heard the advice of the Coordination Committee of the Organization.

7.
(a)
The Executive Committee shall meet once a year in ordinary session upon
convocation by the Director General, preferably during the same period and at the
same place as the Coordination Committee of the Organization.

(b)
The Executive Committee shall meet in extraordinary session upon
convocation by the Director General, either on his own initiative, or at the request of
its Chairman or one-fourth of its members.

8.
(a)
Each country member of the Executive Committee shall have one vote.

(b) One-half of the members of the Executive Committee shall constitute a
quorum.

(c)
Decisions shall be made by a simple majority of the votes cast.

(d)
Abstentions shall not be considered as votes.

(e)
A delegate may represent, and vote in the name of, one country only.

9.
Countries of the Union not members of the Executive Committee shall be
admitted to its meetings as observers.

10.
The Executive Committee shall adopt its own rules of procedure.


26

Article 15

International Bureau

1.
(a)
Administrative tasks concerning the Union shall be performed by the
International Bureau, which is a continuation of the Bureau of the Union united with
the Bureau of the Union established by the International Convention for the
Protection of Literary and Artistic Works.

(b)
In particular, the International Bureau shall provide the secretariat of the
various organs of the Union.

(c)
The Director General of the Organization shall be the chief executive of
the Union and shall represent the Union.

2.
The International Bureau shall assemble and publish information concerning the
protection of industrial property. Each country of the Union shall promptly
communicate to the International Bureau all new laws and official texts concerning the
protection of industrial property. Furthermore, it shall furnish the International Bureau
with all the publications of its industrial property service of direct concern to the
protection of industrial property which the International Bureau may find useful in its
work.

3.
The International Bureau shall publish a monthly periodical.

4.
The International Bureau shall, on request, furnish any country of the Union
with information on matters concerning the protection of industrial property.

5.
The International Bureau shall conduct Studies, and shall provide services,
designed to facilitate the protection of industrial property.

6.
The Director General and any staff member designated by him shall participate,
without the right to vote, in all meetings of the Assembly, the Executive Committee,
and any other committee of experts or working group. The Director General, or a staff
member designated by him, shall be ex officio secretary of these bodies.

7.
(a)
The International Bureau shall, in accordance with the directions of the
Assembly and in cooperation with the Executive Committee, make the preparations
for the conferences of revision of the provisions of the Convention other than Articles
13 to 17.

27

(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 these conferences.

8.
The International Bureau shall carry out any other tasks assigned to it.

Article 16

Finances

1.
(a)
The Union shall have a budget.

(b)
The budget of the Union shall include the income and expenses proper to
the 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 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 Union in such common expenses shall be in
proportion to the interest the Union has in them.

2.
The budget of the 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 Union shall be financed from the following sources:

(i)
contributions of the countries of the Union;

(ii)
fees and charges due for services rendered by the International Bureau in
relation to the Union;

(iii)
sale of, or royalties on, the publications of the International Bureau
concerning the Union;

(iv) gifts, bequests, and subventions;

(v)
rents, interests, and other miscellaneous income.

28

4.
(a)
For the purpose of establishing its contribution towards the budget, each
country of the Union shall belong to a class, and shall pay its annual contributions on
the basis of a number of units fixed as follows:

Class I
...............
25
Class II
...............
20
Class III
...............
15
Class IV
...............
10
Class V
...............
5
Class VI
...............
3
Class VII
...............
1

(b) Unless it has already done so, each country shall indicate, concurrently
with depositing its instrument of ratification or accession, the class to which it wishes
to belong. Any country may change class. If it chooses a lower class, the country must
announce such change to the Assembly at one of its ordinary sessions. Any such
change shall take effect at the beginning of the calendar year following the said
session.

(c)
The annual contribution of each country shall be an amount in the same
proportion to the total sum to be contributed to the budget of the Union by all
countries as the number of its units is to the total of the units of all contributing
countries.

(d)
Contributions shall become due on the first of January of each year.

(e)
A country which is in arrears in the payment of its contributions may not
exercise its right to vote in any of the organs of the Union of which it is a member if
the amount of its arrears equals or exceeds the amount of the contributions due from
it for the preceding two full years. However, any organ of the Union may allow such a
country to continue to exercise its right to vote in that organ if, and as long as, it is
satisfied that the delay in payment is due to exceptional and unavoidable
circumstances.

(f)
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.
The amount of the fees and charges due for services rendered by the
International Bureau in relation to the Union shall be established, and shall be
reported to the Assembly and the Executive Committee, by the Director General.

29

6.
(a)
The Union shall have a working capital fund which shall be constituted by
a single payment made by each country of the 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 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 heard the advice of the
Coordination Committee of the Organization.

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 these 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. As long as it remains under the obligation to grant advances, such
country shall have an ex officio seat on the Executive Committee.

(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.

8.
The auditing of the accounts shall be effected by one or more of the countries of
the Union or by external auditors, as provided in the financial regulations. They shall
be designated, with their agreement, by the Assembly.

Article 17

Amendment of Articles 13 to 17

1.
Proposals for the amendment of Articles 13, 14, 15, 16, and the present Article,
may be initiated by any country member of the Assembly, by the Executive
Committee, 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.

30

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 13, 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, provided that any
amendment increasing the financial obligations of countries of the Union shall bind
only those countries which have notified their acceptance of such amendment.

Article 18

Revision of Articles 1 to 12 and 18 to 30

1.
This Convention shall be submitted to revision with a view to the introduction of
amendments designed to improve the system of the Union.

2.
For that purpose, conferences shall be held successively in one of the countries
of the Union among the delegates of the said countries.

3.
Amendments to Articles 13 to 17 are governed by the provisions of Article 17.

Article 19

Special Agreements

It is understood that the countries of the Union reserve the right to make separately
between themselves special agreements for the protection of industrial property, in so
far as these agreements do not contravene the provisions of this Convention.



31


Article 20

Ratification or Accession by Countries of the Union; Entry Into Force

1.
(a)
Any country of the Union which has signed this Act may ratify it, and, if it
has not signed it, may accede to it. Instruments of ratification and accession shall be
deposited with the Director General.

(b)
Any country of the Union may declare in its instrument of ratification or
accession that its ratification or accession shall not apply:

(i)
to Articles 1 to 12, or

(ii)
to Articles 13 to 17.

(c)
Any country of the Union which, in accordance with subparagraph (b), has
excluded from the effects of its ratification or accession one of the two groups of
Articles referred to in that subparagraph may at any later time declare that it extends
the effects of its ratification or accession to that group of Articles. Such declaration
shall be deposited with the Director General.

2.
(a)
Articles 1 to 12 shall enter into force, with respect to the first ten
countries of the Union which have deposited instruments of ratification or accession
without making the declaration permitted under paragraph (1)(b)(i), three months
after the deposit of the tenth such instrument of ratification or accession.

(b)
Articles 13 to 17 shall enter into force, with respect to the first ten
countries of the Union which have deposited instruments of ratification or accession
without making the declaration permitted under paragraph (1)(b)(ii), three months
after the deposit of the tenth such instrument of ratification or accession.

(c)
Subject to the initial entry into force, pursuant to the provisions of
subparagraphs (a) and (b), of each of the two groups of Articles referred to in
paragraph (1)(b)(i) and (ii), and subject to the provisions of paragraph (1)(b), Articles 1
to 17 shall, with respect to any country of the Union, other than those referred to in
subparagraphs (a) and (b), which deposits an instrument of ratification or accession or
any country of the Union which deposits a declaration pursuant to paragraph (1)(c),
enter into force three months after the date of notification by the Director General of
such deposit, unless a subsequent date has been indicated in the instrument or
declaration deposited. In the latter case, this Act shall enter into force with respect to
that country on the date thus indicated.

32

3.
With respect to any country of the Union which deposits an instrument of
ratification or accession, Articles 18 to 30 shall enter into force on the earlier of the
dates on which any of the groups of Articles referred to in paragraph (1)(b) enters into
force with respect to that country pursuant to paragraph (2)(a), (b), or (c).

Article 21

Accession by Countries Outside the Union; Entry Into Force

1.
Any country outside the Union may accede to this Act and thereby become a
member of the Union. Instruments of accession shall be deposited with the Director
General.

2.
(a) With respect to any country outside the Union which deposits its
instrument of accession one month or more before the date of entry into force of any
provisions of the present Act, this Act shall enter into force, unless a subsequent date
has been indicated in the instrument of accession, on the date upon which provisions
first enter into force pursuant to Article 20(2)(a) or (b); provided that:

(i)
if Articles 1 to 12 do not enter into force on that date, such country
shall, during the interim period before the entry into force of such provisions,
and in substitution therefor, be bound by Articles 1 to 12 of the Lisbon Act,

(ii)
if Articles 13 to 17 do not enter into force on that date, such
country shall, during the interim period before the entry into force of such
provisions, and in substitution therefor, be bound by Articles 13 and 14(3), (4),
and (5), of the Lisbon Act.

If a country indicates a subsequent date in its instrument of accession, this Act
shall enter into force with respect to that country on the date thus indicated.

(b) With respect to any country outside the Union which deposits its
instrument of accession on a date which is subsequent to, or precedes by less than
one month, the entry into force of one group of Articles of the present Act, this Act
shall, subject to the proviso of subparagraph (a), enter into force three months after
the date on which its accession has been notified by the Director General, unless a
subsequent date has been indicated in the instrument of accession. In the latter case,
this Act shall enter into force with respect to that country on the date thus indicated.

33

3.
With respect to any country outside the Union which deposits its instrument Of
accession after the date of entry into force of the present Act in its entirety, or less
than one month before such date, this Act shall enter into force three months after
the date on which its accession has been notified by the Director General, unless a
subsequent date has been indicated in the instrument of accession. In the latter case,
this Act shall enter into force with respect to that country on the date thus indicated.

Article 22

Consequences of Ratification or Accession

Subject to the possibilities of exceptions provided for in Articles 20(1)(b) and 28(2),
ratification or accession shall automatically entail acceptance of all the clauses and
admission to all the advantages of this Act.

Article 23

Accession to Earlier Acts

After the entry into force of this Act in its entirety, a country may not accede to earlier
Acts of this Convention.

Article 24

Territories

1.
Any country may declare in its instrument of ratification or accession, or may
inform the Director General by written notification any time thereafter, that this
Convention shall be applicable to all or part of those territories, designated in the
declaration or notification, for the external relations of which it is responsible.

2.
Any country which has made such a declaration or given such a notification may,
at any time, notify the Director General that this Convention shall cease to be
applicable to all or part of such territories.

3.
(a)
Any declaration made under paragraph (1) shall take effect on the same
date as the ratification or accession in the instrument of which it was included, and
any notification given under such paragraph shall take effect three months after its
notification by the Director General.

(b)
Any notification given under paragraph (2) shall take effect twelve
months after its receipt by the Director General.

34

Article 25

Implementation of the Convention on the Domestic Level

1.
Any country party to this Convention undertakes to adopt, in accordance with
its constitution, the measures necessary to ensure the application of this Convention.

2.
It is understood that, at the time a country deposits its instrument of ratification
or accession, it will be in a position under its domestic law to give effect to the
provisions of this Convention.

Article 26

Denunciation

1.
This Convention 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 Convention remaining in full force and
effect as regards the other countries of the 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 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 Union.

Article 27

Application of Earlier Acts

1.
The present Act shall, as regards the relations between the countries to which it
applies, and to the extent that it applies, replace the Convention of Paris of March 20,
1883 and the subsequent Acts of revision.

2.
(a)
As regards the countries to which the present Act does not apply, or does
not apply in its entirety, but to which the Lisbon Act of October 31, 1958, applies, the
latter shall remain in force in its entirety or to the extent that the present Act does not
replace it by virtue of paragraph (1).

35

(b)
Similarly, as regards the countries to which neither the present Act, nor
portions thereof, nor the Lisbon Act applies, the London Act of June 2, 1934, shall
remain in force in its entirety or to the extent that the present Act does not replace it
by virtue of paragraph (1).

(c)
Similarly, as regards the countries to which neither the present Act, nor
portions thereof, nor the Lisbon Act, nor the London Act applies, the Hague Act of
November 6, 1925, shall remain in force in its entirety or to the extent that the
present Act does not replace it by virtue of paragraph (1).

3.
Countries outside the Union which become party to this Act shall apply it with
respect to any country of the Union not party to this Act or which, although party to
this Act, has made a declaration pursuant to Article 20(1)(b)(i). Such countries
recognize that the said country of the Union may apply, in its relations with them, the
provisions of the most recent Act to which it is party.

Article 28

Disputes

1.
Any dispute between two or more countries of the Union concerning the
interpretation or application of this Convention, not settled by negotiation, may, by
any one of the countries concerned, be brought before the International Court of
Justice by application in conformity with the Statute of the Court, unless the countries
concerned agree on some other method of settlement. The country bringing the
dispute before the Court shall inform the International Bureau; the International
Bureau shall bring the matter to the attention of the other countries of the Union.

2.
Each country may, at the time it signs this Act or deposits its instrument of
ratification or accession, declare that it does not consider itself bound by the
provisions of paragraph (1). With regard to any dispute between such country and any
other country of the Union, the provisions of paragraph (1) shall not apply.

3.
Any country having made a declaration in accordance with the provisions of
paragraph (2) may, at any time, withdraw its declaration by notification addressed to
the Director General.



36


Article 29

Signature, Languages, Depositary 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 the English, German, Italian,
Portuguese, Russian and Spanish languages, and such other languages as the Assembly
may designate.

(c)
In case of differences of opinion on the interpretation of the various texts,
the French text shall prevail.

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 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 Union
of signatures, deposits of instruments of ratification or accession and any declarations
included in such instruments or made pursuant to Article 20(1)(c), entry into force of
any provisions of this Act, notifications of denunciation, and notifications pursuant to
Article 24.



37


Article 30

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 deemed to
be references to the Bureau of the Union or its Director, respectively.

2.
Countries of the Union not bound by Articles 13 to 17 may, until five years after
the entry into force of the Convention establishing the Organization, exercise, if they
so desire, the rights provided under Articles 13 to 17 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.

3.
As long as all the countries of the Union have not become Members of the
Organization, the International Bureau of the Organization shall also function as the
Bureau of the Union, and the Director General as the Director of the said Bureau.

4.
Once all the countries of the Union have become Members of the Organization,
the rights, obligations, and property, of the Bureau of the Union shall devolve on the
International Bureau of the Organization.