WORLD TRADE
ORGANIZATIONIP/N/4/ESP/1/Rev.1
6 May 1998
(98-1800)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  Spanish
NOTIFICATION UNDER ARTICLE 4(d) OF THE AGREEMENT
Spain
Revision
The following communication, dated 14 April 1998, has been received from the Permanent
Mission of Spain.
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On 5 February 1996, Spain submitted a notification under Article 4(d) of the TRIPS
Agreement, which is contained in document IP/N/4 /ESP/1.  Subsequently, with the aim of greater
precision and clarity, a revision of the notification was undertaken, resulting in an amended version in
which some of the agreements previously notified have been withdrawn, specific details concerning
some of them have been inserted and specific bilateral treaties on appellations of origin, indications ofsource and other denominations have been added.  The amended version of the notification is
submitted herewith and replaces the initial notification contained in document IP/N/4/ESP/1.
1
As was mentioned above, the new notification entails the withdrawal of a series of
agreements previously notified, which are listed in Annex 1 to this document.
                                                     
1This notification does not affect the notification of  an additional multilateral agreement circulated in
document IP/N/4/ESP/2.IP/N/4/ESP/1/Rev.1
Page 2
Notification by Spain under Article 4(d) of the TRIPS Agreement
1. Multilateral treaties
Multilateral conventions related to the protection of copyright and related rights
Treaty Date Entry into force Source
Montevideo Agreement Concerning
the Protection of Literary and
Artistic Works11 January 1889 (Date unknown)
Universal Copyright Convention
(Paris Act)6 September 1952
24 July 197116 September 1955
6 October 1974BOE,
10 January 1975
 European Agreement on the
Protection of Television Broadcasts22 June 1960 22 October 1971 BOE,
13 February 1974
Convention for the Protection of
Producers of Phonograms Against
Unauthorized Duplication of their
Phonograms29 October 1971 18 April 1973 BOE,
7 September 1974
2. Bilateral treaties
Scientific and technical cooperation agreements Entry into force in Spain
Article IV of the Convention on Trade Relations with Cuba,of 23 January 1979 (BOE of 17 March 1979)1 February 1979
The text of Article IV of the Trade C onvention between the Kingdom of Spain and
the Republic of Cuba notified under this heading is the following:
ARTICLE IV
Without prejudice to the provisions of Article 9 of the General Agreement on
Tariffs and Trade, the two Governments unde rtake to adopt the necessary measures,
whether at the initiative of the public authorities or of the interested parties, to protect
natural or manufactured products  originating in the other contracting party against all
forms of unfair competition in their resp ective territories and, as a corollary, to
impede, and where appropriate, suppress the importation, exporta tion, manufacture or
sale of products displaying marks, names, inscriptions, notes or any other similar
markings constituting a false indication of source or appellation of origin orconcerning the species, nature  or quality of the products.
Consequently, in Spain, appellations of  origin such as "Cuba", "Cubano",
Habana", "Habano", "Habanero", "Vuelta Abajo", "Manicaragua", "Caney", "Bohlo"and any others officially defined now or in  the past by the competent Cuban authority
may not be used commercially to identify cigars, cheroots, cigarettes, smokingtobacco, unmanufactured tobacco and rum,  when they are not really products
originating in Cuba.IP/N/4/ESP/1/Rev.1
Page 3
On a reciprocal basis, in Cuba, appellations of origin officially defined now or in the
past by the competent Spanish authority may not be used commercially to identify products
which did not really originate in Spain.
At the same time, the two Governments undertake to grant mutually all necessary
facilities, in accordance with their respective systems of legislation, for the inscription,
renewal or transfer, in the corresponding intellectual property registers, of the marks, tradenames, indications and appellations of origin which protect products originating in both
countries, on behalf of their proprietors or of the entities legally authorized to manufacture
and export those products (...).
Bilateral Conventions Related to the Protection of Copyright and Related Rights
Treaty Date Ratification Source
Convention with the Netherlands
for the protection of literary andartistic property 31 December 1862 20 July 1863Gaceta de Madrid,
20 September 1963
Convention with France for the
reciprocal guarantee of property
rights relating to literary, scientific
and artistic works16 June 1880 21 July 1880Gaceta de Madrid,
23 July 1880
Convention with Belgium for the
protection of the exercise of
intellectual property rights relating
to literary and artistic works26 June 1880 17 March 1881Gaceta de Madrid,
31 March 1881
Convention with Italy to ensurethe exercise of property rights in
respect of scientific, literary andartistic works28 June 1880 24 July 1880Gaceta de Madrid,
2 August 1880
Convention with Portugal toguarantee property rights in
respect of literary, scientific andartistic works9 August 1880 4 July 1881Gaceta de Madrid,
2 August 1881
Convention with the UnitedKingdom concerning the exerciseof copyright in literary and artisticworks11 August 1880 18 September 1880 Gaceta de Madrid,
26 November 1880
Convention with El Salvador toguarantee ownership of scientific,literary and artistic works23 June 1884 5 June 1885 Gaceta de Madrid,
20 June 1885
Convention with Colombia for theprotection of literary,  scientificand artistic property28 November 1884 22 November 1886 Gaceta de Madrid,
19 January 1887
Convention with Costa Rica to
guarantee the exercise of literary,
scientific and artistic propertyrights14 November 1893 20 June 1896Gaceta de Madrid,
9 July 1896IP/N/4/ESP/1/Rev.1
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Treaty Date Ratification Source
Exchange of letters with the
United States establishingreciprocal equal treatment of
nationals with regard to
intellectual, artistic and literaryproperty6 and 15 July 1895Gaceta de Madrid,
9 July 1896
Protocol with Costa Ricaclarifying various provisions of theintellectual property convention of14 November 189320 June 1896Gaceta de Madrid,
9 July 1896
Convention with Ecuador relatingto the protection of literary,scientific and artistic property30 June 1900 15 November 1904Gaceta de Madrid,
27 January 1905 and
24 April 1905
Treaty with Guatemala for theprotection of literary and artistic
property30 July 1900
Exchange of letters with the
United States for the renewal of
the Agreement of 6 and
15 July 189529 January 1902
18 and
26 November 1902Gaceta de Madrid,
7 December 1902
Convention with Panama relating
to literary and artistic property 25 July 1912 1 June 1913
Convention with Peru relating to
the protection of literary, scientificand artistic property 26 February 1924 6 December 1928Gaceta de Madrid,
7 December 1928
Convention with Mexico relating
to literary, artistic and scientific
property 31 March 1924 6 April 1925Gaceta de Madrid,
17 May 1925
Convention with Paraguay relating
to literary, artistic and scientific
property8 July 1925 15 September 1926Gaceta de Madrid,
22 October 1926
Agreement with the Dominican
Republic relating to literary,artistic and scientific property 4 November 1930Gaceta de Madrid,
2 April 1930
Convention with Nicaragua
relating to literary, artistic andscientific property 20 November 1934 6 November 1935Gaceta de Madrid,
1 March 1935
Exchange of letters with Italy onthe rules governing the term ofprotection of copyright 12 October 1957 12 October 1957IP/N/4/ESP/1/Rev.1
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Bilateral Treaties Concerning the Protection of Appellations of Origin, Indications of Source
and Other Denominations of Agricultural and Other Products
Bilateral treaties Entry into force in Spain
Agreement between the Spanish State and the Federal Republic of
Germany on the Protection of Indications of Source, Appellationsof Origin and Other Geographical Denominations, and Annexed
Protocol, done at Bonn on 11 September 1970 (BOE of
1 October 1973)27 September 1973
Agreement between Spain and Portugal on the Protection of
Indications of Source, Appellations of Origin and the
Denominations of Certain Products, done at Lisbon on
16 December 1970 (BOE of 21 June 1972)23 August 1972
Convention between the Spanish State and the French Republic on
the Protection of Appellations of Origin, Indications of Source and
the Denominations of Certain Products, done at Madrid on 27 June1973 (BOE of 6 May 1975)5 March 1975
Agreement between the Spanish State and the Swiss Confederation
on the Protection of Indications of Source, Appellations of Originand Similar Denominations, done at Bern on 9 April 1974 (BOE of17 March 1976)10 March 1976
Agreement between the Spanish State and the Italian Republic for
the Protection of Indications of Source, Appellations of Origin and
Denominations of Certain Products, signed in Madrid on
9 April 1975 (BOE of 16 December 1980)17 May 1976
Agreement between the Spanish State and the Republic of Austria
on the Protection of Indications of Source, Appellations of Origin
and Denominations of Agricultural and Industrial Products andAnnexed Protocol, signed in Vienna on 3 May 1976 (BOE of20 December 1977)15 December 1977IP/N/4/ESP/1/Rev.1
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ANNEX 1
Agreements Withdrawn From Spain's Pr evious Notification under Article 4(d)
of the TRIPS Agreement (as Reproduced in Document IP/N/4/ESP/1)
Multilateral treaties Entry into force in Spain
Treaties of general scope
Convention Establishing the World Intellectual
Property Organization, of 14 July 1967, amended in197926 April 1970
Marks
Madrid Agreement for the Repression of False or
Deceptive Indications of Source on Goods, revised atWashington (1911), The Hague (1925), London(1934), and Lisbon (1958), completed by theAdditional Act of  Stockholm (1967)14 August 1973
Madrid Agreement Concerning the International
Registration of Marks, of 14 April 1891, revised at
Brussels (1900), Washington (1911), The Hague(1925), London (1934), Nice (1957), and Stockholm
(1967), and amended in 197915 July 1892
8 June 1979 (Stockholm Act)
Protocol Relating to the Madrid Agreement
Concerning the International Registration of Marks,1989In force since 1 December 1995
Trademark Law Treaty, 1994 The Treaty has not yet entered into
force
Nice Agreement Concerning the InternationalClassification of Goods and Services for the Purposesof the Registration of Mark s, of 15 June 1957, revised
at Stockholm (1967) and Ge neva (1977), amended in
19798 April 1961
9 May 1970(Geneva revision)
Industrial designs
Hague Agreement Concerning the InternationalDeposit of Industrial Design s, of 6 November 1925,
revised at London (1934) and The Hague (1960),completed by the Additiona l Act of Monaco (1961),
the Complementary Act of  Stockholm (1967) and the
Geneva Protocol (1975) , and amended in 19791 July 1952
2 March 1956(London Act)The Hague Act and theComplementary Act of Stockholmare not in force for Spain
Locarno Agreement Establishing an InternationalClassification for Industrial Designs, of8 October 1968, amended in 197917 November 1973IP/N/4/ESP/1/Rev.1
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Multilateral treaties Entry into force in Spain
Patents
Strasbourg Agreement Concerning the International Patent
Classification, of 24 March 1971, amended in 1979
29 November 1975
Budapest Treaty on the International Recognition of the
Deposit of Micro-organisms for the Purposes of PatentProcedure, of 28 April 1977, amended in 1980 19 March 1981
European Convention Relating to the Formalities Required
for Patent Applications, of 11 December 1953 1 July 1967
Munich Convention on the Grant of European Patents, of
5 October 1973 1 October 1986
Act for the Revision of Article 63 of the European Patent
ConventionHas not yet entered into force in SpainIP/N/4/ESP/1/Rev.1
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Bilateral treaties Entry into force in Spain
Scientific and Technical Cooperation Agreements
Convention on Educational, Cultural and Scientific
Cooperation with the United States of America, of27 October 1994 (BOE No. 119 of 19 May 1995)26 April 1995
Convention on Scientific and Technological
Cooperation with the United States of America, of
10 June 1994 (BOE No. 226 of 21 September 1995)10 June 1994
Convention on Trade Relations with Cuba, of
23 January 1979 (BOE of 17 March 1979) 1 February 1979
Agreement on Commercial Exchanges and
Development of Economic and Industrial Cooperationwith Czechoslovakia, of 12 December 1977 (BOE of24 February 1978)12 December 1977
Convention on Economic and Commercial Cooperation
with Argentina, of 27 May 1974 (BOE of 20 July 1977)23 May 1977
Agreement on Scientific and Technical Cooperation
with the United Arab Republic, of 21 January 1970(BOE of 17 December 1970)6 November 1970
Agreement on Scientific and Technical Cooperation
with France, of 28 May 1974 (BOE of 17 April 1975) 5 March 1971
General Agreement on Scientific and Technical
Cooperation between the Government of Spain and the
Government of the Arab Republic of Egypt, of
13 June 1975 (BOE of 14 August 1976)17 April 1976
Agreement on Scientific and Technical Cooperation
with Greece, of 8 December 1972 (BOE of 10 and
11 February 1977)20 August 1976
Agreement on Trade and Long-Term Economic,
Industrial and Technological Cooperation withRomania, of 19 January 1977 (BOE of12 and 14 February 1977)19 January 1977
Basic Convention on Technical, Scientific and
Technological Cooperation between the Kingdom ofSpain and the Government of the Federal Republic ofBrazil, of 13 April 1989 (BOE of 24 February 1992)13 April 1989
Long-Term Agreement on Economic, Industrial and
Technical Cooperation between the Kingdom of Spain
and the People's Republic of Bulgaria, of24 January 1979 (BOE of 28 and 29 March 1980)11 January 1980
Agreement on Scientific Cooperation with Venezuela,
of 21 January 1983 (BOE of 13 and 14 May 1983) 18 February 1983IP/N/4/ESP/1/Rev.1
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Bilateral treaties Entry into force in Spain
Agreement on Technical and Scientific Cooperation in the
Field of Textile Engineering with Portugal, of13 April 1978 (BOE of 18 July 1983) 13 April 1978
Agreement on Economic and Industrial Cooperation
between the Government of Spain and the Government of
the People's Republic of Poland, of 13 December 1984
(BOE of 24 June 1985)27 May 1985
Agreement and Protocol on Protection of Classified
Information, with Norway, of 17 June 1986 30 July 1987
Agreement on Cultural, Educational and Scientific
Cooperation with Australia, of 18 January 1991 (BOE of
27 and 29 April 1991) 15 April 1991
Agreement on Economic and Industrial Cooperation with
Romania, of 18 April 1990 (BOE of 4 November 1991)
3 October 1991
Agreement on Cultural, Educational and Scientific
Cooperation with Mauritania, of 29 March 1989 (BOE of3 July 1992) 1 June 1992
Agreement on Economic and Industrial Cooperation with
the Philippines, of 21 May 1988 (BOE of 26 and27 March 1993) 14 January 1993
Framework Agreement on Scientific and Technical
Cooperation with Tunisia, of 28 May 1991 (BOE of 12 and
13 October 1993) 15 August 1993
Framework Agreement on Cultural, Scientific and
Technical Cooperation with Jordan, of 21 January 1993
(BOE of 25 and 26 May 1994) 10 May 1994IP/N/4/ESP/1/Rev.1
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Multilateral Conventions Related to the Protection of Copyright and Related Rights
Treaty Date Entry into force Source
Berne Convention for the
Protection of Literary and Artistic
Works (Paris Act)9 September 1886
24 July 19719 September 1910
10 July 1974BOE,
15 January 1975
International Convention for the
Protection of Performers,
Producers of Phonograms andBroadcasting Organizations(Rome Convention)26 October 1961 14 November 1991 BOE,
14 November 1991
Convention Establishing the
World Intellectual Property
Organization14 July 1967 26 April 1970 BOE,
30 January 1974
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