The law of the Republic of Kazakhstan on accession to the Locarno agreement on establishing the International Classification of industrial designs
Law of the Republic of Kazakhstan dated January 31, 2002 No. 291-II
To include the Republic of Kazakhstan in the Locarno agreement on the establishment of the International Classification of industrial designs, concluded in Locarno on October 8, 1968.
President Of The Republic Of Kazakhstan
LOCARNO AGREEMENT ON ESTABLISHING AN INTERNATIONAL CLASSIFICATION OF INDUSTRIAL DESIGNS
(Entered into force on November 7, 2002-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)
(Signed in Locarno on October 8, 1968)
Article 1 creation of a special union; adoption of an International Classification
(1) countries applying this Agreement form a special union. (2) they adopt a single classification of industrial samples (hereinafter referred to as the "International Classification"). (3) The International Classification includes: (I) A list of groups and subgroups; (II) an alphabetical list of goods in which industrial samples are collected; it includes their attributable groups and subgroups; (III) an explanation. (4) the list of groups and subgroups shall consist of a list attached to this agreement, taking into account the amendments and additions made by the expert committee (hereinafter referred to as the "expert committee")* established on the basis of Article 3. (5) the alphabetical list and explanation of the goods shall be adopted by the expert committee in accordance with the procedure established by Article 3. (6) The International Classification may be amended or supplemented by the expert committee in accordance with the procedure established by Article 3. (7) (A) the International Classification is made in English and French. (b) the official text of the International Classification shall be drawn up in other languages as determined by the Assembly, as stated in Article 5 of the convention, by the International Bureau of sanatoriums (hereinafter referred to as the "International Bureau"), which, after consultation with interested governments, established the world sanatoriums organization (hereinafter referred to as the "International Bureau").
Article 2 application of the International Classification and its legal significance
(1) taking into account the obligations imposed by this agreement, the International Classification is of a special administrative nature. However, each country can give it the legal significance that it considers necessary. In particular, the International Classification does not link the countries of the special union with respect to the types and scope of protection of industrial models in these countries. (2) each country of the special union reserves the right to use the International Classification as the main or additional system. (3) the Departments of the countries of the special union shall enter the numbers of groups and subgroups of the International Classification, to which the goods to which the industrial samples are collected, in the official document on the deposit or registration of industrial samples, and if they are officially published - in this publication. (4) when selecting names for inclusion in the alphabetical list of goods, the expert committee pays special attention to avoiding the use of names that may be the subject of exclusive rights. Nevertheless, the question of whether this term is the subject of exclusive rights when entering any term into the alphabetical list cannot be interpreted as the opinion of the expert committee. ___________________________________ * The list of groups and subgroups adopted by the Locarno Diplomatic Conference was later changed by the committee of experts and therefore was not given as an appendix to this text.
Article 3 Committee of experts
(1) A Committee of Experts shall be established at the International Bureau, which shall include 1(4)-, 1(5)- and the duties specified in articles 1 (6) are assigned. Each country of the special Union is represented to the Committee of Experts, whose activities are determined by the Regulation on the Procedure adopted by a simple majority of the votes of the represented countries. (2) The committee of experts shall adopt an alphabetical list and explanations by a simple majority vote of the countries of the special Union. (3) Proposals for amendments and additions to the International Classification may be made by the office of any country of the special Union or the International Bureau. Any proposal arising from any agency shall be sent by this agency to the International Bureau. Proposals of the departments and the International Bureau are sent to the members of the expert committee no later than two months before the start of the session of the committee, where these proposals are to be considered. (4) the decision of the Expert Committee on amendments and additions to the International Classification shall be taken by a simple majority vote of the countries of the special union. Even so, if the decision concerns the creation of a new group or the transfer of goods from one group to another, a unanimous vote is required. (5) each expert has the right to vote by correspondence. (6) if a country does not appoint its representative to the meeting of the expert committee, or if the appointed expert does not vote during the meeting within the period established by the rules of procedure appointed by the Expert Committee, the said country shall be deemed to have adopted the decision of the committee.
Article 4 notification, publication of the classification, amendments and additions to it
(1) the alphabetical list of goods and explanations adopted by the expert committee, as well as any amendments and additions to the International Classification, on which the committee has decided, shall be sent by the International Bureau to the Departments of the countries of the special union. The decision of the committee of experts comes into force from the moment of receipt of the notification. However, if these decisions relate to the introduction of a new group or transfer from one group to another, such decisions will take effect after six months from the date of sending the notification. (2) The International Bureau, as the depositary of the International Classification, shall make changes and additions to it that have entered into force. Reports of such changes and additions are published in periodicals established by the Assembly.
Article 5 Assembly of the special union
(1) (A) the Special Union shall have an assembly consisting of the countries of the special union. (b) the government of each country of the special union represents from one delegate, it has deputies, advisers and experts. (C) expenses for each delegation shall be borne by the government that appointed it. (2) (a) subject to the provisions of Article 3, the Assembly shall: (I) consider all matters relating to the preservation and development of the Special Union and the application of this Agreement; (II) give instructions to the International Bureau regarding the preparation for the revision conference; (III) reviews and approves the reports and activities of the Director General of the organization (hereinafter referred to as the "Director General") in relation to the special union, gives him all the necessary instructions on matters within the competence of the special union; (IV) defines the program, adopts the three-year budget of the Special Union and approves its financial statements; (V) approves the financial regulations of the special union; (VI) decides on the preparation of the official text of the International Classification in languages other than English and French; (VII) establish, in addition to the committee of experts established in accordance with article 3, other expert committees and working groups deemed necessary for the achievement of the purpose of the special Union; (VIII) determine which non-member countries of the special Union and which intergovernmental and international non-governmental organizations may be invited to its meeting in as observers; (IX) 5-8- adopts amendments to articles; (X) carries out any other worthy actions aimed at achieving the goals of the special Union; (XI) performs other duties arising from this Agreement; (b) on matters of interest to other unions administered by the organization, the Assembly hears the opinion of the Coordinating Committee of the organization and makes decisions. (3) (A) each member country of the Assembly shall have one vote. (b) half of the member states of the Assembly make up the Quorum. (C) if the number of represented countries in any session does not reach half of them, regardless of the provision of subparagraph (b), the participants are equal to or exceed one third of the member countries of the Assembly, then it will continue to make decisions, however, such decisions of the Assembly will only come into force in compliance with the requirements set out below, except for decisions related to its own rules of procedure. The International Bureau shall send these decisions to the absent member states of the Assembly and shall invite them to notify in writing that they will vote or abstain from these decisions within three months from the date of sending the decision. Countries that have announced voting or abstention during this period will compensate for the missed quorum at the session, such decisions will come into force if the necessary priority is maintained at the same time. (d) subject to the provisions of Article 8 (2), The Assembly shall make its decisions by a majority of two-thirds of the votes cast. (E) the abstention votes are not counted. (f) A delegate may represent only one country and vote on its behalf. (4) (A) the Assembly meets for a regular session, except in exceptional cases, at the location of the General Assembly of the organization, at the invitation of the director general at that time, once every three years. (b) the Assembly meets for an extraordinary session at the invitation of the director general when requested by a quarter of the member countries of the Assembly. (C) the CEO prepares the agenda for each session. (5) the Assembly shall adopt its rules of procedure.
Article 6 International Bureau
(1) (A) the administrative duties of the special union are carried out by the International Bureau. (b) the international bureau, in particular, prepares meetings and performs the duties of the Secretariat of the Assembly, the committee of experts, as well as other committees and working groups that may be formed by the Assembly or the committee of experts. (C) the director general is the chief official of the Special Union and represents the special union. (2) the director-general and any employee appointed by him shall attend all meetings of the member Assembly, expert committee and other expert committees or working groups that may be formed by the Assembly or expert committee, without the right to vote. The director-general or the employee appointed by him is the secretary of the EC ofisio of these bodies. (3) (A) the International Bureau prepares a conference on the revision of the provisions of the agreement, with the exception of articles 5-8, as directed by the Assembly. (b) the international bureau may consult with intergovernmental and international non-governmental organizations on the preparation of revision conferences. (C) the director general and the persons appointed by him participate in the work of such conferences without the right to vote. (4) the International Bureau shall perform any other duties assigned to it.
Article 7 finances
(1) (A) will be the budget of the special union. (b) the budget of the special union has revenues and expenses specific to the Special Union, its contribution to the expenditure budget is spent on the total expenses incurred by the Union, and is also transferred to the budget of the Conference of the organization, where appropriate. (C) general expenses for the Union shall be deemed to have absolutely nothing to do with the special union, but shall be incurred simultaneously with this to one or more of the other unions administered by the organization. The share of the special union in these general expenses corresponds to its interest in these expenses. (2) the budget of the special union shall be adopted taking into account as much as possible the requirement of coordination with the budget of other unions maintained by the organization administratively. (3) the budget of the special union comes from the following sources: (I) contributions from the countries of the special union; (II) fees and charges provided by the International Bureau of services in respect of the special union; (III) income from the sale of international bureau publications in respect of the Special Union and the transfer of the right to such publications; (IV) ; (V) financed from rent, interest and various other income. (4) (3) to establish the contribution referred to in paragraph (i) (A), it takes into account the group to which each country of the special union belongs, its affiliation to the Paris Union for the protection of industrial property and pays its annual contribution based on the number of units established in this union for the specified group. (b) the annual contribution of each country of the special union is equal to the amount relative to the total amount of contributions in the budget of the special union that all countries must pay, the unit of volume of which is related to the unit of volume of the total amount of all contributions paid by countries. (C) the contribution must be paid from the first of January of each year. (d) if the arrears are equal to or exceed the amount of the contribution accrued to it in the previous two years, the country with the arrears in payment of the contribution loses the right to vote in all bodies of the special union. However, any bodies of the special union, if they are convinced that the extension of the payment period has occurred as a result of special and inevitable circumstances, allow such a country to continue to exercise its right to vote in this body. (E) if the budget is not adopted before the start of a new financial period, the budget will act at the level of the previous year, in accordance with the procedure provided for in the financial regulations. (5) The fees and charges charged for services provided by the International Bureau on behalf of the special Union shall be determined by the Director General, who shall report to the Assembly. (6) (A) the special union has a rotating fund of funds, which consists of a one-time payment made by each country of the special union. If the rotating fund of funds is not enough, the Assembly will decide on its increase. (b) the amount of initial payments of each country to this fund or its share in the increase of this fund is proportional to the contribution of that country in the year the fund was created or a decision was made to increase it. (C) such a rate of payment and the condition shall be established by the Assembly on the recommendation of the general director and after he has heard the opinion of the Coordinating Committee of the organization. (7) (a) The organization, in its headquarters agreement with the country in the territory in which its headquarters is located, provides for the advance payment of this country in case of insufficient revolving funds. The amount of this advance and the terms of its provision are the subject of an exclusive agreement concluded between this country and the organization. (b) both the country referred to in subparagraph (a) and the organization have the right to notify in writing of the cancellation of the advance payment obligation. Cancellation takes effect three years after the end of the year in which the notification was made. (8) a financial audit shall be carried out in accordance with the provisions of the financial regulations by one or more countries of the special union or by attracting an external auditor appointed by the Assembly with their consent.
Article 8 amendments to articles 5-8
(1) proposals to amend Articles 5-7 and this article may be made by any countries of the special union or by the director general. Such proposals are sent by the director-general to the countries of the special union at least six months before it is considered in the Assembly. (2) amendments to the articles provided for in Paragraph (1) shall be adopted by the Assembly, for which three-quarters of the votes of the votes cast shall be required; however, any amendment to Article 5 and this paragraph shall be adopted by four-fifths of the votes cast. (3) Any amendment to the articles provided for in Paragraph (1) shall enter into force one month after the written notification of its adoption by each country in accordance with the constitutional procedure has been received by the director-general from three quarters of the countries residing in the membership of the special union at the time of adoption of these amendments. Any amendment to these articles adopted in such a manner is binding on all countries that are members of the Assembly at the time of its entry into force or become members of it after that date; however, any amendment that increases the financial obligations of the countries of the special union is binding only on those countries in which they have been notified of the adoption of such an amendment.
Article 9 approval and accession; entry into force
(1) any country party to the Paris Convention for the protection of industrial property that has signed this Agreement may ratify it or, if it has not signed it, join it. (2) certificates of approval and acts of accession shall be deposited with the general director. (3) (A) this Agreement shall enter into force three months after the deposit of the fifth certificates of approval or acts of accession in respect of the first five countries that have deposited the certificates of accession or acts of accession. (b) this Agreement shall enter into force in respect of any other country, three months after the date of its approval or notification of accession, unless the date is specified in the instrument of ratification or act of accession. In the latter case, this Agreement shall enter into force on the date of its establishment in respect of that country. (4) ratification or accession opens the way for itself to recognize all the provisions established by this Agreement and to receive all the benefits.
Article 10 validity and validity of the agreement
This Agreement has the force of the Paris Convention for the protection of industrial property and is valid for the same period.
Article 11 revision of Articles 1-4 and 9-15
(1) Articles 1-4 and 9-15 of this Agreement may be revised for the purpose of improvement. (2) each revision shall be carried out by a special conference of representatives of the countries of the Union.
Article 12 revocation
(1) any country may revoke this agreement by notification addressed to the director general. Such cancellation applies only to the country that made it, and at the same time, for other countries of the Special Union, the agreement remains in force and is subject to execution. (2) the cancellation shall take effect one year after the date of receipt of the notification by the general director. (3) the right of cancellation provided for in this article may not be exercised by any country until five years have elapsed from the date of becoming a member of the special union.
Article 13 territory
The provisions of Article 24 of the Paris Convention for the protection of industrial property apply to this Agreement.
Article 14 signature, languages, notification
(1) (A) this Agreement shall be signed in one copy in English and French, and both texts shall be in equal originals. The agreement will be transferred to the custody of the Swiss government. (b) this agreement is open for signature in Bern until June 30, 1969. (2) official texts are drawn up by the director-general in other languages established by the Assembly after consultation with the governments concerned. (3) the director-general shall send two copies of the signed text of this Agreement, duly certified by the Swiss government, to the governments of the countries that have signed it and, upon request, to the government of any other country. (4) the director-general shall register this agreement with the United Nations Secretariat. (5) the director-general shall notify the governments of all countries of the special union of the date of entry into force of the agreement, the signing, storage of certificates of ratification and acts of Accession, the adoption of amendments to this Agreement, the dates of entry into force of such amendments, and notification of cancellation.
Article 15 transitional situation
A reference to the International Bureau of the organization or the general director in this agreement before the first general director takes office is considered to be a reference to the Joint International Bureau for the protection of Corporate Property (BIRPI) or their director, respectively.
Specialists:
Kasymbekov B.
Orynbekova D.
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