2006/954/EC: Council Decision of 18 December 2006 approving the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs, adopted in Geneva on 2 July 1999
Date: 2006-12-18
Institutions: Council of the European Union
Subjects: EU law, EU trade mark, European Community, European Union Intellectual Property Office, World Intellectual Property Organisation, accession to an agreement, designs and models, intellectual property

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COUNCIL DECISION

of 18 December 2006

approving the accession of the European Community to the Geneva Act of the Hague Agreement
concerning the international registration of industrial designs, adopted in Geneva on 2 July 1999

(2006/954/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
in conjunction with
nity, and in particular Article 308,
Article 300(2),
second sentence, and
first
Article 300(3), first subparagraph, thereof,

subparagraph,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee,

Having regard to the Opinion of the European Parliament,

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 6/2002 of 12 Decem-
ber 2001 on Community designs (1), which is based on
Article 308 of the Treaty, aims to create a market which
functions properly and offers conditions which are simi-
lar to those obtaining in a national market. In order to
create a market of this kind and make it increasingly a
single market, that Regulation created the Community
design system whereby undertakings can by means of a
single procedure obtain Community designs to which uni-
form protection is given and which produce their effects
throughout the entire area of the Community.

Following preparations initiated and carried out by the
World Intellectual Property Organisation (WIPO) with the
participation of the Member States which are members of
the Hague Union, the Member States which are not mem-
bers of the Hague Union and the European Community,
the Diplomatic Conference, convened for that purpose at
Geneva, adopted the Geneva Act of the Hague Agreement
concerning the international registration of
industrial
designs (hereinafter referred to as the ‘Geneva Act’) on
2 July 1999.

The Geneva Act was adopted in order to introduce cer-
tain innovations to the system for the international deposit
of industrial designs provided for in the London Act,
which had been adopted on 2 June 1934, and the Hague
Act, which had been adopted on 28 November 1960.

(1) OJ L 3, 5.1.2002, p. 1. Regulation as amended by 2003 Act of Acces-

sion.

(4)

(5)

(6)

(7)

(8)

(9)

The objectives of the Geneva Act are to extend the Hague
system of international registration to new members, and
to make the system more attractive to applicants. As com-
pared to the London Act and the Hague Act, one of the
main innovations is that an intergovernmental organisa-
tion which maintains an office authorised to grant protec-
tion to designs with effect
the
in the territory of
organisation may become party to the Geneva Act.

The facility whereby an intergovernmental organisation
which has a regional office for the registration of designs
may become a party to the Geneva Act was introduced in
order to allow, in particular, for the Community to accede
to that Act, and hence, to the Hague Union.

The Geneva Act entered into force on 23 December 2003
and became operational on 1 April 2004. As of 1 Janu-
ary 2003, the Office for the Harmonisation in the Inter-
nal Market (Trade Marks and Designs) started admitting
applications for registered Community designs, the first
date of filing being granted on 1 April 2003.

The Community design system and the international reg-
istration system as established by the Geneva Act are
complementary. The Community design system provides
for a complete and unified regional designs registration
system which covers the whole territory of the Commu-
nity. The Hague Agreement constitutes a treaty centralis-
ing the procedures for obtaining protection of designs in
the territory of the designated Contracting Parties.

The establishment of a link between the Community
design system and the international registration system
under the Geneva Act would enable designers to obtain,
through one single international application protection for
their designs in the Community under the Community
design system and in the territories of the Geneva Act
inside and outside the Community.

Moreover, the establishment of a link between the Com-
munity design system and the international registration
system under the Geneva Act will promote a harmonious
development of economic activities, will eliminate distor-
tions of competition, will be cost efficient and will increase
the level of integration and functioning of the internal
market. Therefore, the Community needs to accede to the
Geneva Act in order to make the Community design sys-
tem more attractive.

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(10)

(11)

The Commission should be authorised to represent the
Community in the Assembly of the Hague Union after the
accession of the Community to the Geneva Act.

This Decision does not affect the right of the Member
States to participate in the Assembly of the Hague Union
with regard to their national designs,

HAS DECIDED AS FOLLOWS:

Article 1

The Geneva Act of the Hague Agreement concerning the inter-
national registration of industrial designs, adopted in Geneva on
2 July 1999 (hereinafter referred to as the Geneva Act), is hereby
approved on behalf of the Community with regard to the mat-
ters within its competence.

The text of the Geneva Act is attached to this Decision.

Article 2

1.
The President of the Council is hereby authorised to deposit
the instrument of accession with the Director-General of the
World Intellectual Property Organisation as from the date on
which the Council and the Commission have adopted the mea-
sures which are necessary for the establishment of a link between
Community design law and the Geneva Act.

The declarations which are attached to this Decision shall

2.
be made in the instrument of accession.

Article 3

1.
The Commission is hereby authorised to represent the
European Community at the meetings of the Hague Union
Assembly held under the auspices of the World Intellectual Prop-
erty Organisation.

2.
On all matters lying within the competence of the Commu-
nity with regard to Community design, the Commission shall
negotiate in the Hague Union Assembly on behalf of the Com-
munity and in accordance with the following arrangements:

(a)

the position which the Community may adopt within the
Assembly shall be prepared by the relevant Council work-
ing party or, if this is not possible, at on-the-spot meetings
convened in the course of the work within the framework
of the World Intellectual Property Organisation;

(b) as regards decisions involving amendments to Regulation
(EC) No 6/2002, or to any other act of the Council requir-
ing unanimity, the Community position shall be adopted by
the Council acting unanimously on a proposal from the
Commission;

(c) as regards other decisions affecting Community design law,
the Community position shall be adopted by the Council
acting by a qualified majority on a proposal from the
Commission.

Done at Brussels, 18 December 2006

For the Council
The President
J.-E. ENESTAM

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ANNEX

Geneva Act of 2 July 1999

TABLE OF CONTENTS

INTRODUCTORY PROVISIONS

Article 1:

Abbreviated Expressions

Article 2:

Applicability of Other Protection Accorded by Laws of Contracting Parties and by Certain International Trea-
ties

CHAPTER I

INTERNATIONAL APPLICATION AND INTERNATIONAL REGISTRATION

Article 3:

Entitlement to File an International Application

Article 4:

Procedure for Filing the International Application

Article 5:

Contents of the International Application

Article 6:

Priority

Article 7:

Designation Fees

Article 8:

Correction of Irregularities

Article 9:

Filing Date of the International Application

Article 10:

International Registration, Date of the International Registration, Publication and Confidential Copies of
the International Registration

Article 11:

Deferment of Publication

Article 12:

Refusal

Article 13:

Special Requirements Concerning Unity of Design

Article 14:

Effects of the International Registration

Article 15:

Invalidation

Article 16:

Recording of Changes and Other Matters Concerning International Registrations

Article 17:

Initial Term and Renewal of the International Registration and Duration of Protection

Article 18:

Information Concerning Published International Registrations

CHAPTER II

ADMINISTRATIVE PROVISIONS

Article 19:

Common Office of Several States

Article 20:

Membership of the Hague Union

Article 21:

Assembly

Article 22:

International Bureau

Article 23:

Finances

Article 24:

Regulations

CHAPTER III

REVISION AND AMENDMENT

Article 25:

Revision of This Act

Article 26:

Amendment of Certain Articles by the Assembly

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CHAPTER IV

FINAL PROVISIONS

Article 27:

Becoming Party to This Act

Article 28:

Effective Date of Ratifications and Accessions

Article 29:

Prohibition of Reservations

Article 30:

Declarations Made by Contracting Parties

Article 31:

Applicability of the 1934 and 1960 Acts

Article 32:

Denunciation of This Act

Article 33:

Languages of This Act; Signature

Article 34:

Depositary

INTRODUCTORY PROVISIONS

Article 1

Abbreviated Expressions

For the purposes of this Act:

(i)

‘the Hague Agreement’ means the Hague Agreement Concerning
the International Deposit of
Industrial Designs, henceforth
renamed the Hague Agreement Concerning the International Reg-
istration of Industrial Designs;

(ii)

‘this Act’ means the Hague Agreement as established by the
present Act;

(xii)

‘intergovernmental organisation’ means an intergovernmental
organisation eligible to become party to this Act in accordance
with Article 27(1)(ii);

(xiii)

‘Contracting Party’ means any State or intergovernmental organi-
sation party to this Act;

(xiv)

‘applicant’s Contracting Party’ means the Contracting Party or
one of the Contracting Parties from which the applicant derives
its entitlement to file an international application by virtue of sat-
isfying, in relation to that Contracting Party, at least one of the
conditions specified in Article 3; where there are two or more
Contracting Parties from which the applicant may, under
Article 3, derive its entitlement to file an international applica-
tion, ‘applicant’s Contracting Party’ means the one which, among
those Contracting Parties, is indicated as such in the international
application;

(iii)

‘Regulations’ means the Regulations under this Act;

(xv)

(iv)

‘prescribed’ means prescribed in the Regulations;

(v)

‘Paris Convention’ means the Paris Convention for the Protec-
tion of Industrial Property, signed at Paris on March 20, 1 883,
as revised and amended;

(vi)

‘international registration’ means the international registration of
an industrial design effected according to this Act;

(vii)

‘international application’ means an application for international
registration;

(viii)

‘International Register’ means the official collection of data con-
cerning international registrations maintained by the Interna-
tional Bureau, which data this Act or the Regulations require or
permit to be recorded, regardless of the medium in which such
data are stored;

(ix)

‘person’ means a natural person or a legal entity;

‘territory of a Contracting Party’ means, where the Contracting
Party is a State, the territory of that State and, where the Con-
tracting Party is an intergovernmental organisation, the territory
in which the constituent treaty of that intergovernmental organi-
sation applies;

(xvi)

‘Office’ means the agency entrusted by a Contracting Party with
the grant of protection for industrial designs with effect in the
territory of that Contracting Party;

(xvii)

‘Examining Office’ means an Office which ex officio examines
applications filed with it for the protection of industrial designs
at least to determine whether the industrial designs satisfy the
condition of novelty;

(xviii)

‘designation’ means a request that an international registration
have effect in a Contracting Party; it also means the recording, in
the International Register, of that request;

(xix)

‘designated Contracting Party’ and ‘designated Office’ means the
Contracting Party and the Office of the Contracting Party, respec-
tively, to which a designation applies;

(x)

(xi)

‘applicant’ means the person in whose name an international
application is filed;

(xx)

‘1934 Act’ means the Act signed at London on June 2, 1934, of
the Hague Agreement;

‘holder’ means the person in whose name an international regis-
tration is recorded in the International Register;

(xxi)

‘1960 Act’ means the Act signed at The Hague on November 28,
1960, of the Hague Agreement;

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(xxii)

‘1961 Additional Act’ means the Act signed at Monaco on
November 18, 1961, additional to the 1934 Act;

Article 4

Procedure for Filing the International Application

(xxiii)

‘Complementary Act of 1967’ means the Complementary Act
signed at Stockholm on 14 July 1967, as amended, of the Hague
Agreement;

1.

[Direct or Indirect Filing]

(xxiv)

‘Union’ means the Hague Union established by the Hague Agree-
ment of November 6, 1925, and maintained by the 1934
and 1960 Acts, the 1961 Additional Act, the Complementary
Act of 1967 and this Act;

(xxv)

‘Assembly’ means the Assembly referred to in Article 21(1)(a) or
any body replacing that Assembly;

(xxvi)

‘Organisation’ means
Organisation;

the World

Intellectual

Property

(xxvii)

‘Director General’ means
Organisation;

the Director General of

the

(xxviii) ‘International Bureau’ means the International Bureau of the

Organisation;

(xxix)

‘instrument of ratification’ shall be construed as including instru-
ments of acceptance or approval.

Article 2

Applicability of Other Protection Accorded by Laws of
Contracting Parties and by Certain International Treaties

1.
[Laws of Contracting Parties and Certain International Treaties] The
provisions of this Act shall not affect the application of any greater pro-
tection which may be accorded by the law of a Contracting Party, nor
shall they affect in any way the protection accorded to works of art and
works of applied art by international copyright treaties and conventions,
or the protection accorded to industrial designs under the Agreement on
Trade-Related Aspects of Intellectual Property Rights annexed to the
Agreement Establishing the World Trade Organisation.

[Obligation to Comply with the Paris Convention] Each Contract-
2.
ing Party shall comply with the provisions of the Paris Convention which
concern industrial designs.

(a) The international application may be filed, at the option of the appli-
cant, either directly with the International Bureau or through the
Office of the applicant’s Contracting Party.

(b) Notwithstanding subparagraph (a), any Contracting Party may, in a
declaration, notify the Director General that international applica-
tions may not be filed through its Office.

2.
[Transmittal Fee in Case of Indirect Filing] The Office of any Con-
tracting Party may require that the applicant pay a transmittal fee to it,
for its own benefit, in respect of any international application filed
through it.

Article 5

Contents of the International Application

1.
[Mandatory Contents of the International Application] The interna-
tional application shall be in the prescribed language or one of the pre-
scribed languages and shall contain or be accompanied by

(i)

a request for international registration under this Act;

(ii)

the prescribed data concerning the applicant;

(iii)

the prescribed number of copies of a reproduction or, at the choice
of the applicant, of several different reproductions of the industrial
design that is the subject of the international application, presented
in the prescribed manner; however, where the industrial design is
two-dimensional and a request for deferment of publication is made
in accordance with paragraph (5), the international application may,
instead of containing reproductions, be accompanied by the pre-
scribed number of specimens of the industrial design;

(iv) an indication of the product or products which constitute the indus-
trial design or in relation to which the industrial design is to be
used, as prescribed;

(v)

an indication of the designated Contracting Parties;

CHAPTER I

INTERNATIONAL APPLICATION AND INTERNATIONAL
REGISTRATION

(vi)

the prescribed fees;

(vii) any other prescribed particulars.

Article 3

Entitlement to File an International Application

2.

[Additional Mandatory Contents of the International Application]

Any person that is a national of a State that is a Contracting Party or of
a State member of an intergovernmental organisation that is a Contract-
ing Party, or that has a domicile, a habitual residence or a real and effec-
in the territory of a
tive industrial or commercial establishment
Contracting Party, shall be entitled to file an international application.

(a) Any Contracting Party whose Office is an Examining Office and
whose law, at the time it becomes party to this Act, requires that
an application for the grant of protection to an industrial design
contain any of the elements specified in subparagraph (b) in order
for that application to be accorded a filing date under that law may,
in a declaration, notify the Director General of those elements.

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(b) The elements that may be notified pursuant to subparagraph (a) are

the following:

(i)

indications concerning the identity of the creator of the indus-
trial design that is the subject of that application;

(ii)

a brief description of the reproduction or of the characteristic
features of the industrial design that is the subject of that
application;

(iii) a claim.

(c) Where the international application contains the designation of a
Contracting Party that has made a notification under subpara-
graph (a), it shall also contain, in the prescribed manner, any ele-
ment that was the subject of that notification.

3.
[Other Possible Contents of the International Application] The
international application may contain or be accompanied by such other
elements as are specified in the Regulations.

4.
[Several Industrial Designs in the Same International Application]
Subject to such conditions as may be prescribed, an international appli-
cation may include two or more industrial designs.

[Request for Deferred Publication] The international application

5.
may contain a request for deferment of publication.

[Individual Designation Fee] Any Contracting Party whose Office
2.
is an Examining Office and any Contracting Party that is an intergovern-
mental organisation may, in a declaration, notify the Director General
that, in connection with any international application in which it is des-
ignated, and in connection with the renewal of any international regis-
tration resulting from such an international application, the prescribed
designation fee referred to in paragraph (1) shall be replaced by an indi-
vidual designation fee, whose amount shall be indicated in the declara-
tion and can be changed in further declarations. The said amount may
be fixed by the said Contracting Party for the initial term of protection
and for each term of renewal or for the maximum period of protection
allowed by the Contracting Party concerned. However, it may not be
higher than the equivalent of the amount which the Office of that Con-
tracting Party would be entitled to receive from an applicant for a grant
of protection for an equivalent period to the same number of industrial
designs, that amount being diminished by the savings resulting from the
international procedure.

3.
[Transfer of Designation Fees] The designation fees referred to in
paragraphs (1) and (2) shall be transferred by the International Bureau to
the Contracting Parties in respect of which those fees were paid.

Article 8

Correction of Irregularities

1.
[Examination of the International Application] If the International
Bureau finds that the international application does not, at the time of
its receipt by the International Bureau, fulfill the requirements of this Act
and the Regulations, it shall invite the applicant to make the required
corrections within the prescribed time limit.

Article 6

Priority

2.

[Irregularities Not Corrected]

1.

[Claiming of Priority]

(a)

If the applicant does not comply with the invitation within the pre-
scribed time limit, the international application shall, subject to sub-
paragraph (b), be considered abandoned.

(a) The international application may contain a declaration claiming,
under Article 4 of the Paris Convention, the priority of one or more
earlier applications filed in or for any country party to that Conven-
tion or any Member of the World Trade Organisation.

(b) The Regulations may provide that the declaration referred to in sub-
paragraph (a) may be made after the filing of the international appli-
cation. In such case, the Regulations shall prescribe the latest time
by which such declaration may be made.

2.
[International Application Serving as a Basis for Claiming Prior-
ity] The international application shall, as from its filing date and what-
ever may be its subsequent fate, be equivalent to a regular filing within
the meaning of Article 4 of the Paris Convention.

(b)

In the case of an irregularity which relates to Article 5(2) or to a
special requirement notified to the Director General by a Contract-
ing Party in accordance with the Regulations, if the applicant does
not comply with the invitation within the prescribed time limit, the
international application shall be deemed not to contain the desig-
nation of that Contracting Party.

Article 9

Filing Date of the International Application

Article 7

Designation Fees

1.
[International Application Filed Directly] Where the international
application is filed directly with the International Bureau, the filing date
shall, subject to paragraph (3), be the date on which the International
Bureau receives the international application.

1.
[Prescribed Designation Fee] The prescribed fees shall include, sub-
ject to paragraph (2), a designation fee for each designated Contracting
Party.

2.
[International Application Filed Indirectly] Where the international
application is filed through the Office of the applicant’s Contracting Party,
the filing date shall be determined as prescribed.

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[International Application with Certain Irregularities] Where the
3.
international application has, on the date on which it is received by the
International Bureau, an irregularity which is prescribed as an irregular-
ity entailing a postponement of the filing date of the international appli-
cation, the filing date shall be the date on which the correction of such
irregularity is received by the International Bureau.

Article 10 (1)

International Registration, Date of the International Registration,
Publication and Confidential Copies of the International
Registration

[International Registration] The International Bureau shall register
1.
each industrial design that is the subject of an international application
immediately upon receipt by it of the international application or, where
corrections are invited under Article 8, immediately upon receipt of the
required corrections. The registration shall be effected whether or not
publication is deferred under Article 11.

2.

[Date of the International Registration]

(a)

Subject to subparagraph (b), the date of the international registra-
tion shall be the filing date of the international application.

(b) Where the international application has, on the date on which it is
received by the International Bureau, an irregularity which relates
to Article 5(2), the date of the international registration shall be the
date on which the correction of such irregularity is received by the
International Bureau or the filing date of the international applica-
tion, whichever is the later.

3.

[Publication]

(a) The international registration shall be published by the International
Bureau. Such publication shall be deemed in all Contracting Parties
to be sufficient publicity, and no other publicity may be required of
the holder.

(b) The International Bureau shall send a copy of the publication of the

international registration to each designated Office.

[Maintenance of Confidentiality Before Publication] Subject to para-
4.
graph (5) and Article 11(4)(b), the International Bureau shall keep in con-
fidence each international application and each international registration
until publication.

5.

[Confidential Copies]

(b) The Office shall, until publication of the international registration
by the International Bureau, keep in confidence each international
registration of which a copy has been sent to it by the International
Bureau and may use the said copy only for the purpose of the exami-
nation of the international registration and of applications for the
protection of industrial designs filed in or for the Contracting Party
for which the Office is competent. In particular, it may not divulge
the contents of any such international registration to any person
outside the Office other than the holder of that international regis-
tration, except for the purposes of an administrative or legal pro-
ceeding involving a conflict over entitlement to file the international
application on which the international registration is based. In the
case of such an administrative or legal proceeding, the contents of
the international registration may only be disclosed in confidence
to the parties involved in the proceeding who shall be bound to
respect the confidentiality of the disclosure.

Article 11

Deferment of Publication

[Provisions of Laws of Contracting Parties Concerning Deferment

1.
of Publication]

(a) Where the law of a Contracting Party provides for the deferment of
the publication of an industrial design for a period which is less
than the prescribed period, that Contracting Party shall, in a decla-
ration, notify the Director General of the allowable period of
deferment.

(b) Where the law of a Contracting Party does not provide for the defer-
ment of the publication of an industrial design, the Contracting Party
shall, in a declaration, notify the Director General of that fact.

2.
[Deferment of Publication] Where the international application con-
tains a request for deferment of publication, the publication shall take
place,

(i) where none of the Contracting Parties designated in the interna-
tional application has made a declaration under paragraph (1), at
the expiry of the prescribed period,

or

(ii) where any of the Contracting Parties designated in the international
application has made a declaration under paragraph (1)(a), at the
expiry of the period notified in such declaration or, where there is
more than one such designated Contracting Party, at the expiry of
the shortest period notified in their declarations.

(a)

the International Bureau shall, immediately after registration has
been effected, send a copy of the international registration, along
with any relevant statement, document or specimen accompanying
the international application, to each Office that has notified the
International Bureau that it wishes to receive such a copy and has
been designated in the international application.

[Treatment of Requests for Deferment Where Deferment Is Not Pos-
3.
sible Under Applicable Law] Where deferment of publication has been
requested and any of the Contracting Parties designated in the interna-
tional application has made a declaration under paragraph (1)(b) that
deferment of publication is not possible under its law,

(1) When adopting Article 10, the Diplomatic Conference understood that noth-
ing in this Article precludes access to the international application or the inter-
national registration by the applicant or the holder or a person having the
consent of the applicant or the holder.

(i)

subject to item (ii), the International Bureau shall notify the appli-
cant accordingly; if, within the prescribed period, the applicant does
not, by notice in writing to the International Bureau, withdraw the
designation of the said Contracting Party, the International Bureau
shall disregard the request for deferment of publication;

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(ii) where, instead of containing reproductions of the industrial design,
the international application was accompanied by specimens of the
industrial design, the International Bureau shall disregard the desig-
nation of the said Contracting Party and shall notify the applicant
accordingly.

[Request for Earlier Publication or for Special Access to the Inter-

4.
national Registration]

(a) At any time during the period of deferment applicable under para-
graph (2), the holder may request publication of any or all of the
industrial designs that are the subject of the international registra-
tion, in which case the period of deferment in respect of such indus-
trial design or designs shall be considered to have expired on the
date of receipt of such request by the International Bureau.

(b) The holder may also, at any time during the period of deferment
applicable under paragraph (2), request the International Bureau to
provide a third party specified by the holder with an extract from,
or to allow such a party access to, any or all of the industrial designs
that are the subject of the international registration.

5.

[Renunciation and Limitation]

(a)

(b)

If, at any time during the period of deferment applicable under para-
graph (2), the holder renounces the international registration in
respect of all the designated Contracting Parties, the industrial design
or designs that are the subject of the international registration shall
not be published.

If, at any time during the period of deferment applicable under para-
graph (2), the holder limits the international registration, in respect
of all of the designated Contracting Parties, to one or some of the
industrial designs that are the subject of the international registra-
tion, the other industrial design or designs that are the subject of
the international registration shall not be published.

6.

Publication and Furnishing of Reproductions]

(a) At the expiration of any period of deferment applicable under the
provisions of this Article, the International Bureau shall, subject to
the payment of the prescribed fees, publish the international regis-
tration. If such fees are not paid as prescribed, the international reg-
istration shall be cancelled and publication shall not take place.

(b) Where the international application was accompanied by one or
the industrial design in accordance with
more specimens of
Article 5(1)(iii), the holder shall submit the prescribed number of
copies of a reproduction of each industrial design that is the subject
of that application to the International Bureau within the prescribed
time limit. To the extent that the holder does not do so, the inter-
national registration shall be cancelled and publication shall not take
place.

Article 12

Refusal

1.
[Right to Refuse] The Office of any designated Contracting Party may,
where the conditions for the grant of protection under the law of that Con-
tracting Party are not met in respect of any or all of the industrial designs
that are the subject of an international registration, refuse the effects, in
part or in whole, of the international registration in the territory of the
said Contracting Party, provided that no Office may refuse the effects, in
part or in whole, of any international registration on the ground that
requirements relating to the form or contents of the international applica-
tion that are provided for in this Act or the Regulations or are additional
to, or different from, those requirements have not been satisfied under the
law of the Contracting Party concerned.

2.

[Notification of Refusal]

(a) The refusal of the effects of an international registration shall be
communicated by the Office to the International Bureau in a noti-
fication of refusal within the prescribed period.

(b) Any notification of refusal shall state all the grounds on which the

refusal is based.

3.

[Transmission of Notification of Refusal; Remedies]

(a) The International Bureau shall, without delay, transmit a copy of

the notification of refusal to the holder.

(b) The holder shall enjoy the same remedies as if any industrial design
that is the subject of the international registration had been the sub-
ject of an application for the grant of protection under the law appli-
cable to the Office that communicated the refusal. Such remedies shall
at least consist of the possibility of a re-examination or a review of
the refusal or an appeal against the refusal.

(1) [Withdrawal of Refusal] Any refusal may be withdrawn, in part

4.
or in whole, at any time by the Office that communicated it.

Article 13

Special Requirements Concerning Unity of Design

1.
[Notification of Special Requirements] Any Contracting Party whose
law, at the time it becomes party to this Act, requires that designs that
are the subject of the same application conform to a requirement of unity
of design, unity of production or unity of use, or belong to the same set
or composition of items, or that only one independent and distinct design
may be claimed in a single application, may, in a declaration, notify the
Director General accordingly. However, no such declaration shall affect
the right of an applicant to include two or more industrial designs in an
international application in accordance with Article 5(4), even if the appli-
cation designates the Contracting Party that has made the declaration.

(1) When adopting Article 12(4), Article 14(2)(b) and Rule 18(4), the Diplomatic
Conference understood that a withdrawal of refusal by an Office that has com-
municated a notification of refusal may take the form of a statement to the
effect that the Office concerned has decided to accept the effects of the inter-
national registration in respect of the industrial designs, or some of the indus-
trial designs, to which the notification of refusal related. It was also understood
that an Office may, within the period allowed for communicating a notifica-
tion of refusal, send a statement to the effect that it has decided to accept the
effects of the international registration even where it has not communicated
such a notification of refusal.

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[Effect of Declaration] Any such declaration shall enable the Office
2.
of the Contracting Party that has made it to refuse the effects of the inter-
national registration pursuant to Article 12(1) pending compliance with
the requirement notified by that Contracting Party.

(b) Where a Contracting Party having made the declaration referred to
in subparagraph (a) is indicated in an international application both
as the applicant’s Contracting Party and as a designated Contracting
Party, the International Bureau shall disregard the designation of
that Contracting Party.

3.
[Further Fees Payable on Division of Registration] Where, follow-
ing a notification of refusal in accordance with paragraph (2), an inter-
national registration is divided before the Office concerned in order to
overcome a ground of refusal stated in the notification, that Office shall
be entitled to charge a fee in respect of each additional international appli-
cation that would have been necessary in order to avoid that ground of
refusal.

Article 14

Effects of the International Registration

1.
[Effect as Application Under Applicable Law] The international reg-
istration shall, from the date of the international registration, have at least
the same effect in each designated Contracting Party as a regularly-filed
application for the grant of protection of the industrial design under the
law of that Contracting Party.

2.

[Effect as Grant of Protection Under Applicable Law]

Article 15

Invalidation

1.
[Requirement of Opportunity of Defense] Invalidation, by the com-
petent authorities of a designated Contracting Party, of the effects, in part
or in whole, in the territory of that Contracting Party, of the interna-
tional registration may not be pronounced without the holder having, in
good time, been afforded the opportunity of defending his rights.

[Notification of Invalidation] The Office of the Contracting Party
2.
in whose territory the effects of the international registration have been
invalidated shall, where it is aware of the invalidation, notify it to the
International Bureau.

Article 16

Recording of Changes and Other Matters Concerning
International Registrations

(a)

In each designated Contracting Party the Office of which has not
communicated a refusal in accordance with Article 12, the interna-
tional registration shall have the same effect as a grant of protec-
tion for the industrial design under the law of that Contracting Party
at the latest from the date of expiration of the period allowed for it
to communicate a refusal or, where a Contracting Party has made a
corresponding declaration under the Regulations, at the latest at the
time specified in that declaration.

[Recording of Changes and Other Matters] The International Bureau

1.
shall, as prescribed, record in the International Register

(i)

any change in ownership of the international registration, in respect
of any or all of the designated Contracting Parties and in respect of
any or all of the industrial designs that are the subject of the inter-
national registration, provided that the new owner is entitled to file
an international application under Article 3,

(b) (1)Where the Office of a designated Contracting Party has communi-
cated a refusal and has subsequently withdrawn, in part or in whole,
that refusal, the international registration shall, to the extent that
the refusal is withdrawn, have the same effect in that Contracting
Party as a grant of protection for the industrial design under the
law of the said Contracting Party at the latest from the date on which
the refusal was withdrawn.

(c)

The effect given to the international registration under this para-
graph shall apply to the industrial design or designs that are the
subject of that registration as received from the International Bureau
by the designated Office or, where applicable, as amended in the
procedure before that Office.

[Declaration Concerning Effect of Designation of Applicant’s Con-

3.
tracting Party]

(a) Any Contracting Party whose Office is an Examining Office may, in
a declaration, notify the Director General that, where it is the appli-
cant’s Contracting Party, the designation of that Contracting Party
in an international registration shall have no effect.

(1) See footnote on Article 12(4).

(ii)

any change in the name or address of the holder,

(iii)

the appointment of a representative of the applicant or holder and
any other relevant fact concerning such representative,

(iv) any renunciation, by the holder, of the international registration, in

respect of any or all of the designated Contracting Parties,

(v)

any limitation, by the holder, of the international registration, in
respect of any or all of the designated Contracting Parties, to one or
some of the industrial designs that are the subject of the interna-
tional registration,

(vi) any invalidation, by the competent authorities of a designated Con-
tracting Party, of the effects, in the territory of that Contracting Party,
of the international registration in respect of any or all of the indus-
trial designs that are the subject of the international registration,

(vii) any other relevant fact, identified in the Regulations, concerning the
rights in any or all of the industrial designs that are the subject of
the international registration.

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[Effect of Recording in International Register] Any recording
2.
referred to in items (i), (ii), (iv), (v), (vi) and (vii) of paragraph (1) shall
have the same effect as if it had been made in the Register of the Office
of each of the Contracting Parties concerned, except that a Contracting
Party may, in a declaration, notify the Director General that a recording
referred to in item (i) of paragraph (1) shall not have that effect in that
Contracting Party until the Office of that Contracting Party has received
the statements or documents specified in that declaration.

[Fees] Any recording made under paragraph (1) may be subject to

3.
the payment of a fee.

4.
[Publication] The International Bureau shall publish a notice con-
cerning any recording made under paragraph (1). It shall send a copy of
the publication of the notice to the Office of each of the Contracting Par-
ties concerned.

Article 17

Initial Term and Renewal of the International Registration and
Duration of Protection

1.
[Initial Term of the International Registration] The international
registration shall be effected for an initial term of five years counted from
the date of the international registration.

Information Concerning Published International Registrations

Article 18

[Access to Information] The International Bureau shall supply to
1.
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 inter-
national registration.

2.
Exemption from Legalisation] Extracts from the International Reg-
ister supplied by the International Bureau shall be exempt from any
requirement of legalisation in each Contracting Party.

CHAPTER II

ADMINISTRATIVE PROVISIONS

Article 19

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 indus-
trial designs, they may notify the Director General

2.
[Renewal of the International Registration] The international regis-
tration may be renewed for additional terms of five years, in accordance
with the prescribed procedure and subject to the payment of the pre-
scribed fees.

(i)

that a common Office shall be substituted for the national Office of
each of them,

3.

[Duration of Protection in Designated Contracting Parties]

and

(a)

Provided that the international registration is renewed, and subject
to subparagraph (b), the duration of protection shall, in each of the
designated Contracting Parties, be 15 years counted from the date
of the international registration.

(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.

(b) Where the law of a designated Contracting Party provides for a dura-
tion of protection of more than 15 years for an industrial design
for which protection has been granted under that law, the duration
of protection shall, provided that the international registration is
renewed, be the same as that provided for by the law of that Con-
tracting Party.

[Time at Which Notification Is to Be Made] The notification referred

2.
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);

(c)

Each Contracting Party shall, in a declaration, notify the Director
General of the maximum duration of protection provided for by its
law.

(ii)

in the case of States party to this Act, at any time after the unifica-
tion of their domestic legislation has been effected.

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.

[Date of Entry into Effect of the Notification] The notification

3.
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;

5.
[Recording and Publication of Renewal] The International Bureau
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.

(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.

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Article 20

Membership of the Hague Union

(x)

take any other appropriate action to further the objectives of
the Union and perform any other functions as are appropri-
ate under this Act.

The Contracting Parties shall be members of the same Union as the States
party to the 1934 Act or the 1960 Act.

(b) With respect to matters which are also of interest to other Unions
administered by the Organisation, the Assembly shall make its deci-
sions after having heard the advice of the Coordination Committee
of the Organisation.

Article 21

Assembly

3.

[Quorum]

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 Assem-
bly by one delegate, who may be assisted by alternate delegates,
advisors and experts, and each delegate may represent only one Con-
tracting Party.

(c) Members of the Union that are not members of the Assembly shall

be admitted to the meetings of the Assembly as observers.

2.

[Tasks]

(a) The Assembly shall

deal with all matters concerning the maintenance and devel-
opment of the Union and the implementation of this Act;

(i)

(ii)

(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 ses-
sion, 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.
The International Bureau 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 expi-
ration of this period, the number of such members having thus
expressed their vote or abstention attains the number of the mem-
bers 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.

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;

4.

[Taking Decisions in the Assembly]

(iii)

give directions to the Director General concerning the prepa-
rations for conferences of revision and decide the convoca-
tion 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 com-
petence of the Union;

(vi)

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

(ii)

(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, intergov-
ernmental organisations and non-governmental organisations
shall be admitted to its meetings as observers;

(a) The Assembly shall endeavour 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

any Contracting Party that is an intergovernmental organisa-
tion 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 organisation
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.

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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 ordi-
nary session upon convocation by the Director General and, in the
absence of exceptional circumstances, during the same period and
at the same place as the General Assembly of the Organisation.

(b) The Assembly shall meet in extraordinary session upon convoca-
tion 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.

(b) The Director General or a staff member designated by the Director
General shall be ex officio secretary of the Assembly, and of the com-
mittees, working groups and other meetings referred to in
subparagraph (a).

5.

[Conferences]

(a) The International Bureau shall, in accordance with the directions of
the Assembly, make the preparations for any revision conferences.

(b) The International Bureau may consult with intergovernmental
organisations and international and national non-governmental
organisations concerning the said preparations.

(c) The Director General and persons designated by the Director Gen-
eral shall take part, without the right to vote, in the discussions at
revision conferences.

[Other Tasks] The International Bureau shall carry out any other

6.
tasks assigned to it in relation to this Act.

Article 23

Finances

[Rules of Procedure] The Assembly shall adopt its own rules of

7.
procedure.

1.

[Budget]

Article 22

International Bureau

1.

[Administrative Tasks]

(a)

(b)

International registration and related duties, as well as all other
administrative tasks concerning the Union, shall be performed by
the International Bureau.

In particular, the International Bureau shall prepare the meetings
and provide the secretariat of the Assembly and of such commit-
tees of experts and working groups as may be established by the
Assembly.

(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 Organisation.

(c)

Expenses not attributable exclusively to the Union but also to one
or more other Unions administered by the Organisation 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 inter-
est 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 coor-
dination with the budgets of the other Unions administered by the
Organisation.

[Director General] The Director General shall be the chief execu-

2.
tive of the Union and shall represent the Union.

[Sources of Financing of the Budget] The budget of the Union shall

3.
be financed from the following sources:

3. Meetings Other than Sessions of the Assembly] The Director Gen-
eral shall convene any committee and working group established by the
Assembly and all other meetings dealing with matters of concern to the
Union.

[Role of the International Bureau in the Assembly and Other

4.
Meetings]

(i)

fees relating to international registrations;

(ii)

charges due for other services rendered by the International Bureau
in relation to the Union;

(iii)

sale f, or royalties on, the publications of the International Bureau
concerning the Union;

(a) The Director General and persons designated by the Director Gen-
eral 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.

(iv) gifts, bequests and subventions;

(v)

rents, interests and other miscellaneous income.

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4.

[Fixing of Fees and Charges; Level of the Budget]

2.

[Amendment of Certain Provisions of the Regulations]

(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 Interna-
tional Bureau 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.
[Working Capital Fund] 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 Assem-
bly on the proposal of the Director General.

6.

[Advances by Host State]

(a)

In the headquarters agreement concluded with the State on the ter-
ritory of which the Organisation 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
Organisation.

(a) The Regulations may specify that certain provisions of the Regula-
tions 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 Regu-
lations, a four-fifths majority shall be required.

[Conflict Between This Act and the Regulations] In the case of con-
3.
flict between the provisions of this Act and those of the Regulations, the
former shall prevail.

CHAPTER III

REVISION AND AMENDMENT

Article 25

Revision of This Act

[Revision Conferences] This Act may be revised by a conference of

1.
the Contracting Parties.

(b) The State referred to in subparagraph (a) and the Organisation 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.

2.
[Revision or Amendment of Certain Articles] Articles 21, 22, 23
and 26 may be amended either by a revision conference or by the Assem-
bly according to the provisions of Article 26.

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 exter-
nal auditors, as provided in the financial regulations. They shall be des-
ignated, with their agreement, by the Assembly.

Article 26

Amendment of Certain Articles by the Assembly

Article 24

Regulations

1.

[Proposals for Amendment]

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 implementa-
tion of, the provisions of this Act;

(iii) any administrative requirements, matters or procedures.

(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 con-
sideration 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.

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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) Any 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) Any amendment which enters into force in accordance with the
provisions of this paragraph shall bind all the States and intergov-
ernmental organisations which are Contracting Parties at the time
the amendment enters into force, or which become Contracting Par-
ties at a subsequent date.

CHAPTER IV

FINAL PROVISIONS

Article 27

Becoming Party to This Act

1.

[Eligibility] Subject to paragraphs (2) and (3) and Article 28,

(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 organisation of which that State is a member
shall be the date on which the instrument of that intergovernmen-
tal organisation 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) Any 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 organisation, or the instruments of two
other States, or the instruments of one other State and one inter-
governmental organisation, 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 consid-
ered to have been deposited on the day on which the condition
indicated in the declaration is fulfilled. However, when an instru-
ment specified in the declaration itself contains, or is itself accom-
panied by, a declaration of the said kind, that instrument shall be
considered as deposited on the day on which the condition speci-
fied in the latter declaration is fulfilled.

(e) Any declaration made under paragraph (d) may be withdrawn, in
its entirety or in part, at any time. Any such withdrawal shall
become effective on the date on which the notification of with-
drawal is received by the Director General.

(i)

any State member of the Organisation may sign and become party
to this Act;

Article 28

Effective Date of Ratifications and Accessions

(ii)

any intergovernmental organisation 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 intergovern-
mental organisation applies may sign and become party to this Act,
provided that at least one of the member States of the intergovern-
mental organisation is a member of the Organisation and provided
that such Office is not the subject of a notification under Article 19.

[Ratification or Accession] Any State or intergovernmental organi-

2.
sation referred to in paragraph (1) may deposit

(i)

an instrument of ratification if it has signed this Act,

or

[Instruments to Be Taken into Consideration] or the purposes of
1.
this Article, only instruments of ratification or accession that are depos-
ited by States or
intergovernmental organisations 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 statis-
tics collected by the International Bureau, at least three of those States
fulfil 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,

(ii)

an instrument of accession if it has not signed this Act.

3.

[Effective Date of Deposit]

or

(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.

(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.

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3.

[Entry into Force of Ratifications and Accessions]

Article 31

Applicability of the 1934 and 1960 Acts

(a) Any State or intergovernmental organisation 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) Any other State or intergovernmental organisation 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.

Article 29

Prohibition of Reservations

No reservations to this Act are permitted.

[Relations Between States Party to Both This Act and the 1934 or 1960
1.
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. How-
ever, 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
International Bureau prior to the date on which this Act becomes appli-
cable 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)

any State that is party to both this Act and the 1934 Act shall con-
tinue 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.

Article 30

Declarations Made by Contracting Parties

(b) Any State that is party to both this Act and the 1960 Act shall con-
tinue to apply the 1960 Act in its relations with States that are party
to the 1960 Act without being party to this Act.

1.
Time at Which Declarations May Be Made] Any 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

Article 32

Denunciation of This Act

(i)

the time of

at
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 organisation 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 com-
mon Office for their national Offices shall become effective only if that
other State or those other States makes or make a corresponding decla-
ration or corresponding declarations.

[Notification] Any Contracting Party may denounce this Act by noti-

1.
fication 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 interna-
tional registration in force in respect of the denouncing Contracting Party
at the time of the coming into effect of the denunciation.

Article 33

Languages of This Act; Signature

1.

[Original Texts; Official Texts]

(a) This Act shall be signed in a single original in the English, Arabic,
Chinese, French, Russian and Spanish languages, all texts being
equally authentic.

3. Withdrawal of Declarations] Any declaration referred to in para-
graph (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.

(b) Official texts shall be established by the Director General, after con-
sultation with the interested Governments, in such other languages
as the Assembly may designate.

[Time Limit for Signature] This Act shall remain open for signature

2.
at the headquarters of the Organisation for one year after its adoption.

29.12.2006

EN

Official Journal of the European Union

L 386/43

Article 34

Depositary

The Director General shall be the depositary of this Act.

‘The European Community declares that, in connection with each inter-
national application registration in which it is designed, and in connec-
tion with the renewal of any international registration resulting from
such an international application, the prescribed designation fee referred
to in Article 7(1) of the Geneva Act shall be replaced by an individual
designation fee, whose amount shall be:

DECLARATION

on direct filing

— EUR 62 per design at the international application stage;

— EUR 31 per design at the renewal stage.’

The President of the Council, when depositing this instrument of acces-
sion with the Director-General of WIPO, shall attach the following dec-
laration to the instrument of accession:

‘The European Community declares that international applications may
not be filed through its Office.’

DECLARATION

on the duration of protection in the European Community

DECLARATION

on the individual fee system

The President of the Council, when depositing this instrument of acces-
sion with the Director-General of WIPO, shall attach the following dec-
laration to the instrument of accession:

The President of the Council, when depositing this instrument of acces-
sion with the Director-General of WIPO, shall attach the following dec-
laration to the instrument of accession:

‘The European Community declares that the maximum duration of pro-
tection provided for by its law is 25 years.’.