KEPUTUSAN PRESIDEN REPUBLIK INDONESIA Nomor TAHUN Tahun 1997 tentang PERUBAHAN KEPUTUSAN PRESIDEN NOMOR 24 TAHUN 1979 TENTANG PENGESAHAN PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY DAN CONVENTION ESTABLISHING THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (berlaku 7 Mei 1997)
Pembukaan
Menimbang
: a. bahwa Pemerintah Republik Indonesia telah menjadi Pihak pada Paris Convention for the Protection of Industrial Property, tanggal 20 Maret 1883 sebagaimana telah beberapa kali diubah, terakhir tanggal 14 Juli 1967 di Stockholm, Swedia dengan Keputusan Presiden Nomor 24 Tahun 1979 tentang Pengesahan Paris Convention for the Protection of Industrial Property dan Convention Establishing the World Intellectual Property Organization dengan disertai pensyaratan (reservation) terhadap Pasal 1 sampai dengan Pasal 12 dan Pasal 28 ayat (1) Paris Convention for the Protection of Industrial Property;
- b. bahwa ketentuan Pasal 1 sampai dengan Pasal 12 Paris Convention tersebut di atas mengatur ketentuan yang bersifat substantif yang menjadi dasar bagi pengaturan dalam peraturan perundang-undang di bidang Hak Atas Kekayaan Industri (industrial property), baik yang menyangkut paten, merek maupun desain produk industri;
- c. bahwa sehubungan dengan itu, dipandang perlu untuk mencabut pensyaratan (reservation) terhadap Pasal 1 sampai dengan Pasal 12 tersebut dengan Keputusan Presiden;
2. Keputusan Presiden Nomor 24 Tahun 1979 tentang Pengesahan Paris Convention for the Protection of Industrial Property dan Convention Establishing the World Intellectual Property Organization (Lembaran Negara Tahun 1979 Nomor 15);
Mengingat
:
1. Pasal 4 ayat (1) Undang-Undang Dasar 1945;
Menetapkan :
MEMUTUSKAN:
KEPUTUSAN PRESIDEN TENTANG PERUBAHAN KEPUTUSAN PRESIDEN NOMOR 24 TAHUN 1979 TENTANG PENGESAHAN PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY DAN CONVENTION ESTABLISHING THE WORLD INTELLECTUAL PROPERTY ORGANIZATION.
Pasal 1
Mencabut pensyaratan (reservation) terhadap Pasal 1 sampai dengan Pasal 12 Paris Convention for the Protection of Industrial Property, tanggal 20 Maret 1883 sebagaimana telah beberapa kali diubah, terakhir tanggal 14 Juli 1967 di Stockholm, Swedia sebagaimana dilampirkan pada Keputusan Presiden Nomor 24 Tahun 1979 tentang Pengesahan Paris Convention for the Protection of Industrial Property dan Convention Establishing the World Intellectual Property Organization.
Pasal 2
Keputusan Presiden ini mulai berlaku pada tanggal ditetapkan.
PENUTUP
Pengesahan
Penetapan: Diundangkan di Jakarta pada tanggal 7 Mei 1997

Penandatangan: ## MENTERI NEGARA SEKRETARIS NEGARA REPUBLIK INDONESIA

Verifikasi: ttd. MOERDIONO

Penetapan: Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan Presiden ini dengan penempatannya dalam Lembaran Negara Republik Indonesia.

Penetapan: Ditetapkan di Jakarta pada tanggal 7 Mei 1997

Penandatangan: PRESIDEN REPUBLIK INDONESIA

Verifikasi: ttd. SOEHARTO Paris Convention for the Protection of Industrial Property of March 20, 1883, at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967, and as amended on September 28, 1979 Official English Text World Intellectual Property Organization GENEVA 1995 Official English Text established under Article 29(1)(b) Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at BRUSSELS on December 14, 1900, at WASHINGTON on June 2, 1911. at THE HAGUE on November 6, 1925, at LONDON on June 2, 1934, at LISBON on October 31, 1958, and at STOCKHOLM on July 14, 1967, and as amended on September 28, 1979 ## TABLE OF CONTENTS Article 1 : Establishment of the Union; Scope of Industrial Property Article 2 : National Treatment for Nationals of Countries of the Union. Article 3 : Same Treatment for Certain Categories of Persons as for Nationals of the Union Article 4 : A. to I. Patents, Utility Models, Industrial Designs, Marks, Inventors Certificates: Right of Priority. - G. Patents: Division of the Application. Article 4bis : Patents: Independence of Patents Obtained for the Same Invention in Different Countries. Article 4bis : Patents: Mention of the Inventor in the Patent. Article 4quater: Patents: Patentability in Case of Restrictions of Sale by Law. Article 5 : A. Patents: Importation of Articles; Failure to Work or Insufficient Working; Compulsory Licenses. - B. Industrial Designs: Failure to Work; Importation of Articles, - C. Marks: Failure to Use; Different Forms; Use by Co-properietors. - D. Patents, Utility Models, Marks, Industrial Designs: Marking. Article 5bis : All Industrial Property Rights:: Period of Grace for the Payment of Fees for the Maintenance of Rights; Patens: Restoration. Article 5ter : Patents: Patnted Devices Forming Part of Vessels, Aircraft, or Land Vehicles. Article 5quater: Patents: Importation of Products Manufactured by a Process Patented in the Importing Country. Article 5quinquies: Industrial Designs. Article 6:Marks: Conditons of Registration; Independence of Protection of Same Mark in Different Countries. Article 6bis : Marks: Well-Known Marks. Article 6ter : Marks: Prohibitions concerning State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organization. Article 6quater: Marks: Assignment of Marks. Article 6quinquies: Marks: Protection of Marks Registered in One Country of the Union in the Other Countries of the Union. Article 6sexies: Marks: Service Marks. Article 6septies:

Distribusi: Marks: Registration in the Name of the Agent or Representative of the Proprietor Without the Latter's Authorization. Article 7:Marks: Nature of the Goods to which the Mark is Applied. Article 7bis : Marks: Collective Marks Article 8 : Trade Names. Article 9 : Mark, Trade Names: Seizure, on Importation, etc., of Goods Unlawfully Bearing a Mark or Trade Name. Article 10 : False Indications: Seizure, on Importation, etc., of Goods Bearing False Indications as to their Source or the Identity of the Producer. Article 10bis: Unfair Competition. Article 10ter : Marks, Trade Names, False Indications, Unfair Competition: Remedies, Right to Sue. Article 11 : Inventions, utility Models, Industrial Designs, Marks: Temporary Protection at Certain Internationl Exhibitions. Article 12 : Special National Industrial Property Services. Article 13 : Assembly of the Union. Article 14 : Executive Committee. Article 15 : International Bureau. Article 16 : Finances Article 17 : Amendment of Articles 13 to 17. Article 18 : Revision of Articles 1 to 12 and 18 to 30. Article 19 : Special Agreements. Article 20 :

Distribusi: Ratification or Accession by Countries of the Union; Entry Into Foerce. Article 21 :

Distribusi: Accession by Countries Outside the Union; Entry Into Force. Article 22 :

Distribusi: Consequences of Ratification or Accession. Article 23 :

Distribusi: Accession to Earlier Acts. Article 24 : Territories. Article 25 : Implementation of the Convention on the Domestic Level. Article 26 : Denunciation. Article 27 : Application of Earlier Acts. Article 28 : Disputes. Article 29 :

Verifikasi: Signature, Languages, Depositary Functions. Article 30 : Transitional Provisions. ## 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.

Distribusi: - (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 ifringement of their rights, provided that the conditions and formalities imposed upon nationals are complied with. Article... - (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. - (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 [A to. I. Patents, Utility Models, Industrial Designs, Marks, Inventors Certificates: Right of Priority. - G. Patents: Division of the Application]

Distribusi: - 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.

Verifikasi: - 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 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. - 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 form 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.

Distribusi: - (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. 5. 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.

Distribusi: - (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 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. - (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. ## Article 4bis [Patents: Independence of Patents Obtained for the Same Invention in Different Countries] - (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 nulllity 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.

Distribusi: - (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 4ter [Patents : Mention of the Inventor in the Patent] The inventor shall have the right to be mentioned as such in the patent. Article 4quater [Patents: Patentability in Case of Restrictions of Sale by Law]

Verifikasi: 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. - B. Industrial Designs: Failure to Work; Importation of Articles. - C. Marks: Failure to Use; Different Forms; Use by Co-proprietors. - D. Patents, Utility Models, Marks, Industrial Designs; Marking] - A. -(1) Importation by the 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 execlusive 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 good-will which exploits such license. Article 5... - (5) The foregoing provisions shall be applicable, mutatis mutandis, to utility models. - B. -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. - (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.

Distribusi: - (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. - 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 5bis [All Industrial Property Rights: Period of Grace for the Payment of Fees for the Maintenance of Rights; Patents: 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. ## Article 5ter [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:

Distribusi: 1. 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;

Distribusi: 2. 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. ## PRESIDEN ## REPUBLIK INDONESIA ## Article 5quarter [Patents: Importation of Products Manufactured by a Process Patented in the Importing Country]

Distribusi: 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 5quinquies [Industrial Designs] Industrial designs shall be protected in all the countries of the Union. ## 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.

Verifikasi: - (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 6bis [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 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.

Distribusi: 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. - (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. Article 6ter [Marks: Prohibitions concerning State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organizations] - (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. - (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 sub-paragraph (a), above, is not of such a nature as to suggest to the public that a connection exists between the ogranization concerned and the armorial bearings, flags, emblems, abbreviations, and names, or if such use or registrations is probably not of such a nature as to mislead the public as to the ex-istence 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. - (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.

Distribusi: - (4) Any country of the Union may, within a period of twelve months from the reccipt 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. - (10) The above provisions shall not prevent the countries from exercising the right given in paragraph (3) of Article 6quinquies, 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 6quarter Marks: Assignment of Marks]

Verifikasi: - (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.

Distribusi: - (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 misled the public, particularly as regards the origin, nature, or essential qualities, of the goods to which the mark is applied. ## Article 6quinquies [Marks: Protection of Marks Registered in One Country of the Union in the Other Countries of the Union]

Distribusi: - 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, rquire 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.

Verifikasi: - B. -Trademarks covered by this Article may be neither denied registration nor invalidated except in the following cases: 1. when they are of such a nature as to infringe rights acquired by third parties in the country where protection is claimed; 2. 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; 3. when they are contrary to morality or public order and, in particular, of such a nature as to deceive the public. 6. 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. 7. This provision is subject, however, to the application of Article 10bis. - 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. Article 6sexies [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. Article 6septies [Marks: Registration in the Name of the Agent

Distribusi: or Representative of the Proprietor Without the Latter's Authorization]

Distribusi: - (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,