sou · GPB368 · 2002-01-01 00:00:00 — (c) Each Contracting Party shall, in a declaration, notify the Director General of the maximum duration of protection provided for by its law. (4)[Possibility of Limited Renewal] The renewal of the international registration may be effected for any or all of the designated Contracting Parties and for any or all of the industrial designs that are the subject of the international registration. (5)[Recording and Publication of Renewal] shall record renewals in the International Register and publish a notice to that effect. It shall send a copy of the publication of the notice to the Office of each of the Contracting Parties concerned. (1) [Access to Information] shall supply to any person applying therefor, upon the payment of the prescribed fee, extracts from the International Register, or information concerning the contents of the International Register, in respect of any published international registration. (2) [Exemption from Legalization] Extracts from the International Register supplied by the shall be exempt from any requirement of legalization in each Contracting Party. Chapter II: Administrative provisions Common Office of Several States (1)[Notification of Common Office] If several States intending to become party to this Act have effected, or if several States party to this Act agree to effect, the unification of their domestic legislation on industrial designs, they may notify the Director General (i)that a common Office shall be substituted for the national Office of each of them, and (ii)that the whole of their respective territories to which the unified legislation applies shall be deemed to be a single Contracting Party for the purposes of the application of Articles 1, 3 to 18 and 31 of this Act. (2)[Time at Which Notification Is to Be Made] The notification referred to in paragraph (1) shall be made, (i)in the case of States intending to become party to this Act, at the time of the deposit of the instruments referred to in Article 27(2); (ii)in the case of States party to this Act, at any time after the unification of their domestic legislation has been effected. (3) [Date of Entry into Effect of the Notification] The notification referred to in paragraphs (1) and (2) shall take effect, (i)in the case of States intending to become party to this Act, at the time such States become bound by this Act; (ii)in the case of States party to this Act, three months after the date of the communication thereof by the Director General to the other Contracting Parties or at any later date indicated in the notification. Membership of the Hague Union The Contracting Parties shall be members of the same Union as the States party to the 1934 Act or the 1960 Act. (1) [Composition] (a) The Contracting Parties shall be members of the same Assembly as the States bound by Article 2 of the Complementary Act of 1967. (b)Each member of the Assembly shall be represented in the Assembly by one delegate, who may be assisted by alternate delegates, advisors and experts, and each delegate may represent only one Contracting Party. (c)Members of the Union that are not members of the Assembly shall be admitted to the meetings of the Assembly as . (2) [Tasks] (a) The Assembly shall (i)deal with all matters concerning the maintenance and development of the Union and the implementation of this Act; (ii)exercise such rights and perform such tasks as are specifically conferred upon it or assigned to it under this Act or the Complementary Act of 1967; (iii)give directions to the Director General concerning the preparations for conferences of revision and decide the convocation of any such conference; (iv)amend the Regulations; (v)review and approve the reports and activities of the Director General concerning the Union, and give the Director General all necessary instructions concerning matters within the competence of the Union; (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 and working groups as it deems appropriate to achieve the objectives of the Union; (ix)subject to paragraph (1)(c), determine which States, intergovernmental organizations and non-governmental organizations shall be admitted to its meetings as ; (x)take any other appropriate action to further the objectives of the Union and perform any other functions as are appropriate under this Act. (b)With respect to matters which are also of interest to other Unions administered by the Organization, the Assembly shall make its decisions after having heard the advice of . (3)[Quorum] (a) One-half of the members of the Assembly which are States and have the right to vote on a given matter shall constitute a quorum for the purposes of the vote on that matter. (b) Notwithstanding the provisions of subparagraph (a), if, in any session, the number of the members of the Assembly which are States, have the right to vote on a given matter and are represented is less than one-half but equal to or more than one- third of the members of the Assembly which are States and have the right to vote on that matter, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the conditions set forth hereinafter are fulfilled. shall communicate the said decisions to the members of the Assembly which are States, have the right to vote on the said matter and 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 such members having thus expressed their vote or abstention attains the number of the members which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains. (4)[Taking Decisions in the Assembly] (a) The Assembly shall endeavor to take its decisions by consensus. (b)Where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting. In such a case, (i)each Contracting Party that is a State shall have one vote and shall vote only in its own name, and (ii)any Contracting Party that is an intergovernmental organization may vote, in place of its Member States, with a number of votes equal to the number of its Member States which are party to this Act, and no such intergovernmental organization shall participate in the vote if any one of its Member States exercises its right to vote, and vice versa. (c)On matters concerning only States that are bound by Article 2 of the Complementary Act of 1967, Contracting Parties that are not bound by the said Article shall not have the right to vote, whereas, on matters concerning only Contracting Parties, only the latter shall have the right to vote. (5)[Majorities] (a) Subject to Articles 24(2) and 26(2), the decisions of the Assembly shall require two-thirds of the votes cast. (b) Abstentions shall not be considered as votes. (6)[Sessions] (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 of the Organization. (b) The Assembly shall meet in extraordinary session upon convocation by the Director General, either at the request of one- fourth of the members of the Assembly or on the Director General's own initiative. (c) The agenda of each session shall be prepared by the Director General. (7)[Rules of Procedure] The Assembly shall adopt its own rules of procedure. (1) [Administrative Tasks] (a) International registration and related duties, as well as all other administrative tasks concerning the Union, shall be performed by the . (b) In particular, the shall prepare the meetings and provide the secretariat of the Assembly and of such committees of experts and working groups as may be established by the Assembly. (2)[Director General] The Director General shall be the chief executive of the Union and shall represent the Union. (3)[Meetings Other than Sessions of the Assembly] The Director General shall convene any committee and working group established by the Assembly and all other meetings dealing with matters of concern to the Union. (4)[Role of the in the Assembly and Other Meetings] (a) The Director General and persons designated by the Director General shall participate, without the right to vote, in all meetings of the Assembly, the committees and working groups established by the Assembly, and any other meetings convened by the Director General under the aegis of the Union. (b) The Director General or a staff member designated by the Director General shall be ex officio secretary of the Assembly, and of the committees, working groups and other meetings referred to in subparagraph (a). (5)[Conferences] (a) shall, in accordance with the directions of the Assembly, make the preparations for any revision conferences. (b)may consult with intergovernmental organizations and international and national non-governmental organizations concerning the said preparations. (c)The Director General and persons designated by the Director General shall take part, without the right to vote, in the discussions at revision conferences. (6) [Other Tasks] shall carry out any other tasks assigned to it in relation to this Act. (1)[Budget] (a) The Union shall have a budget. (b)The budget of the Union shall include the income and expenses proper to the Union and its contribution to the budget of expenses common to the Unions administered by 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 to be 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) [Coordination with Budgets of Other Unions] 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) [Sources of Financing of the Budget] The budget of the Union shall be financed from the following sources: (i)fees relating to international registrations; (ii)charges due for other services rendered by the in relation to the Union; (iii)sale of, or royalties on, the publications of the International concerning the Union; (iv)gifts, bequests and subventions; (v)rents, interests and other miscellaneous income. (4) [Fixing of Fees and Charges; Level of the Budget] (a) The amounts of the fees referred to in paragraph (3)(i) shall be fixed by the Assembly on the proposal of the Director General. Charges referred to in paragraph 3(ii) shall be established by the Director General and shall be provisionally applied subject to approval by the Assembly at its next session. (b)The amounts of the fees referred to in paragraph (3)(i) shall be so fixed that the revenues of the Union from fees and other sources shall be at least sufficient to cover all the expenses of the International concerning the Union. (c)If the budget is not adopted before the beginning of a new financial period, it shall be at the same level as the budget of the previous year, as provided in the financial regulations. (5)[] The Union shall have a working capital fund which shall be constituted by the excess receipts and, if such excess does not suffice, by a single payment made by each member of the Union. If the fund becomes insufficient, the Assembly shall decide to increase it. The proportion and the terms of payment shall be fixed by the Assembly on the proposal of the Director General. (6)[Advances by ] (a) In the headquarters agreement concluded with the State on the territory of which the Organization has its headquarters, it shall be provided that, whenever the working capital fund is insufficient, such State shall grant advances. The amount of those advances and the conditions on which they are granted shall be the subject of separate agreements, in each case, between such State and the Organization. (b) 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. (7)[Auditing of Accounts] The auditing of the accounts shall be effected by one or more of the States members of the Union or by external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by the Assembly. (1)[Subject Matter] The Regulations shall govern the details of the implementation of this Act. They shall, in particular, include provisions concerning (i)matters which this Act expressly provides are to be prescribed; (ii)further details concerning, or any details useful in the implementation of, the provisions of this Act; (iii)any administrative requirements, matters or procedures. (2)[Amendment of Certain Provisions of the Regulations] (a) The Regulations may specify that certain provisions of the Regulations may be amended only by unanimity or only by a four-fifths majority. (b)In order for the requirement of unanimity or a four-fifths majority no longer to apply in the future to the amendment of a provision of the Regulations, unanimity shall be required. (c)In order for the requirement of unanimity or a four-fifths majority to apply in the future to the amendment of a provision of the Regulations, a four-fifths majority shall be required. (3) [Conflict Between This Act and the Regulations] In the case of conflict between the provisions of this Act and those of the Regulations, the former shall prevail. Chapter III: Revision and amendment Revision of This Act (1) [Revision Conferences] This Act may be revised by a conference of the Contracting Parties. (2) [Revision or Amendment of Certain Articles] Articles 21, 22, 23 and 26 may be amended either by a revision conference or by the Assembly according to the provisions of Article 26. Amendment of Certain Articles by the Assembly (1) [Proposals for Amendment] (a) Proposals for the amendment by the Assembly of Articles 21, 22, 23 and this Article may be initiated by any Contracting Party or by the Director General. (b) Such proposals shall be communicated by the Director General to the Contracting Parties at least six months in advance of their consideration by the Assembly. (2)[Majorities] Adoption of any amendment to the Articles referred to in paragraph (1) shall require a three-fourths majority, except that adoption of any amendment to Article 21 or to the present paragraph shall require a four-fifths majority. (3)[Entry into Force] (a) Except where subparagraph (b) applies, any amendment to the Articles referred to in paragraph (1) shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three-fourths of those Contracting Parties which, at the time the amendment was adopted, were members of the Assembly and had the right to vote on that amendment. (b)amendment to Article 21(3) or (4) or to this subparagraph shall not enter into force if, within six months of its adoption by the Assembly, any Contracting Party notifies the Director General that it does not accept such amendment. (c)amendment which enters into force in accordance with the provisions of this paragraph shall bind all the States and intergovernmental organizations which are Contracting Parties at the time the amendment enters into force, or which become Contracting Parties at a subsequent date. Chapter IV: Final provisions Becoming Party to This Act (1)[Eligibility] Subject to paragraphs (2) and (3) and Article 28, (i)any State member of the Organization may sign and become party to this Act; (ii)any intergovernmental organization which maintains an Office in which protection of industrial designs may be obtained with effect in the territory in which the constituting treaty of the intergovernmental organization applies may sign and become party to this Act, provided that at least one of the member States of the intergovernmental organization is a member of the Organization and provided that such Office is not the subject of a notification under Article 19. (2)[Ratification or Accession] or intergovernmental organization referred to in paragraph (1) may deposit (i)an instrument of ratification if it has signed this Act, or (ii)an instrument of accession if it has not signed this Act. (3)[Effective Date of Deposit] (a) Subject to subparagraphs (b) to (d), the effective date of the deposit of an instrument of ratification or accession shall be the date on which that instrument is deposited. (b)The effective date of the deposit of the instrument of ratification or accession of any State in respect of which protection of industrial designs may be obtained only through the Office maintained by an intergovernmental organization of which that State is a member shall be the date on which the instrument of that intergovernmental organization is deposited if that date is later than the date on which the instrument of the said State has been deposited. (c)The effective date of the deposit of any instrument of ratification or accession containing or accompanied by the notification referred to in Article 19 shall be the date on which the last of the instruments of the States members of the group of States having made the said notification is deposited. (d)instrument of ratification or accession of a State may contain or be accompanied by a declaration making it a condition to its being considered as deposited that the instrument of one other State or one intergovernmental organization, or the instruments of two other States, or the instruments of one other State and one intergovernmental organization, specified by name and eligible to become party to this Act, is or are also deposited. The instrument containing or accompanied by such a declaration shall be considered to have been deposited on the day on which the condition indicated in the declaration is fulfilled. However, when an instrument specified in the declaration itself contains, or is itself accompanied by, a declaration of the said kind, that instrument shall be considered as deposited on the day on which the condition specified in the latter declaration is fulfilled. (e)declaration made under paragraph (d) may be withdrawn, in its entirety or in part, at any time. such withdrawal shall become effective on the date on which the notification of withdrawal is received by the Director General. Effective Date of Ratifications and Accessions (1) [Instruments to Be Taken into Consideration] For the purposes of this Article, only instruments of ratification or accession that are deposited by States or intergovernmental organizations referred to in Article 27(1) and that have an effective date according to Article 27(3) shall be taken into consideration. (2) [Entry into Force of This Act] This Act shall enter into force three months after six States have deposited their instruments of ratification or accession, provided that, according to the most recent annual statistics collected by the , at least three of those States fulfill at least one of the following conditions: (i)at least 3,000 applications for the protection of industrial designs have been filed in or for the State concerned, or (ii)at least 1,000 applications for the protection of industrial designs have been filed in or for the State concerned by residents of States other than that State. (3)[Entry into Force of Ratifications and Accessions] (a) or intergovernmental organization that has deposited its instrument of ratification or accession three months or more before the date of entry into force of this Act shall become bound by this Act on the date of entry into force of this Act. (b)other State or intergovernmental organization shall become bound by this Act three months after the date on which it has deposited its instrument of ratification or accession or at any later date indicated in that instrument. No reservations to this Act are permitted. Declarations Made by Contracting Parties (1) [Time at Which Declarations ] declaration under Articles 4(1)(b), 5(2)(a), 7(2), 11(1), 13(1), 14(3), 16(2) or 17(3)(c) may be made (i)at the time of the deposit of an instrument referred to in Article 27(2), in which case it shall become effective on the date on which the State or intergovernmental organization having made the declaration becomes bound by this Act, or (ii)after the deposit of an instrument referred to in Article 27(2), in which case it shall become effective three months after the date of its receipt by the Director General or at any later date indicated in the declaration but shall apply only in respect of any international registration whose date of international registration is the same as, or is later than, the effective date of the declaration. (2) [Declarations by States Having a Common Office] Notwithstanding paragraph (1), any declaration referred to in that paragraph that has been made by a State which has, with another State or other States, notified the Director General under Article 19(1) of the substitution of a common Office for their national Offices shall become effective only if that other State or those other States makes or make a corresponding declaration or corresponding declarations. (3) [Withdrawal of Declarations] declaration referred to in paragraph (1) may be withdrawn at any time by notification addressed to the Director General. Such withdrawal shall take effect three months after the date on which the Director General has received the notification or at any later date indicated in the notification. In the case of a declaration made under Article 7(2), the withdrawal shall not affect international applications filed prior to the coming into effect of the said withdrawal. Applicability of the 1934 and 1960 Acts (1) [Relations Between States Party to Both This Act and the 1934 or 1960 Acts] This Act alone shall be applicable as regards the mutual relations of States party to both this Act and the 1934 Act or the 1960 Act. However, such States shall, in their mutual relations, apply the 1934 Act or the 1960 Act, as the case may be, to industrial designs deposited at the prior to the date on which this Act becomes applicable as regards their mutual relations. (2) [Relations Between States Party to Both This Act and the 1934 or 1960 Acts and States Party to the 1934 or 1960 Acts Without Being Party to This Act] (a) that is party to both this Act and the 1934 Act shall continue to apply the 1934 Act in its relations with States that are party to the 1934 Act without being party to the 1960 Act or this Act. (b) that is party to both this Act and the 1960 Act shall continue to apply the 1960 Act in its relations with States that are party to the 1960 Act without being party to this Act. Denunciation of This Act (1) [Notification] may denounce this Act by notification addressed to the Director General. (2) [Effective Date] Denunciation shall take effect one year after the date on which the Director General has received the notification or at any later date indicated in the notification. It shall not affect the application of this Act to any international application pending and any international registration in force in respect of the denouncing Contracting Party at the time of the coming into effect of the denunciation. Languages of This Act; Signature