CELEX: 51996PC0367
Language: en
Date: 1996-07-22
Title: Proposal for a COUNCIL DECISION approving the accession of the European Community to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on 27 June 1989

Avis juridique important

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51996PC0367

Proposal for a COUNCIL DECISION approving the accession of the European Community to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on 27 June 1989  /* COM/96/0367 FINAL - CNS 96/0190 */  

Official Journal C 293 , 05/10/1996 P. 0011

Proposal for a Council Decision approving the accession of the European Community to the Protocol  Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at  Madrid on 27 June 1989 (96/C  293/05) COM(96) 367 final - 96/0190(CNS)(Submitted by the  Commission on 23 July 1996) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235, in  conjunction with Article 228 (2), second sentence, and Article 228 (3), first subparagraph,  thereof, Having regard to the proposal from the European Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark  (1),  which is based on Article 235 of the Treaty, is designed to create a market which functions  properly and offers conditions which are similar to those obtaining in a national market; whereas  in order to create a market of this kind and make it increasingly a single market, the said  Regulation created the Community trade mark system whereby undertakings can by means of one  procedural system obtain Community trade marks to which uniform protection is given and which  produce their effects throughout the entire area of the European Community; Whereas following preparations initiated and carried out by the World Intellectual Property  Organization with the participation of the Member States which are members of the Madrid Union, the  Member States which are not members of the Madrid Union and the European Community, the Diplomatic  Conference for the Conclusion of a Protocol Relating to the Madrid Agreement Concerning the  International Registration of Marks, adopted the Protocol Relating to the Madrid Agreement  Concerning the International Registration of Marks (hereinafter referred to as 'the Madrid  Protocol`) on 27 June 1989, at Madrid; Whereas the Madrid Protocol was adopted in order to introduce certain new features into the system  of the international registration of marks existing under the Madrid Agreement Concerning the  International Registration of Marks of 14 April 1891 as amended (hereinafter referred to as 'the  Madrid Agreement`)  (2); Whereas the objectives of the Madrid Protocol are to ease the way for certain States, and in  particular the Member States which are not currently parties thereto, to accede to the system of  international registration of marks; Whereas as compared to the Madrid Agreement, the Madrid Protocol introduced, in its Article 14, as  one of the main innovations the possibility that an intergovernmental organization which has a  regional office for the purpose of registering marks with effect in the territory of the  organization may become party to the Madrid Protocol; Whereas the possibility that an intergovernmental organization which has a regional office for the  purpose of registering marks may become a party to the Madrid Protocol was introduced in the Madrid  Protocol in order to allow, in particular, for the European Community to accede to the said  Protocol; Whereas the Madrid Protocol has entered into force on 1 December 1995 and has become operational on  1 April 1996 and the Community trade mark system has also become operational on the latter date; Whereas the Community trade mark system and the international registration system as established by  the Madrid Protocol are complementary; whereas in order to enable firms to profit from the  advantages of the Community trade mark through the Madrid Protocol and vice-versa, it is necessary  to allow Community trade mark applicants and holders of such trade marks to apply for international  protection of their trade marks through the filing of an international application under the Madrid  Protocol and, conversely, holders of international registrations under the Madrid Protocol to apply  for protection of their trade marks under the Community trade mark system; Whereas the establishment of a link between the Community trade mark system and the international  registration system under the Madrid Protocol will promote a harmonious development of economic  activities, will eliminate distortions of competition, will be cost efficient and will increase the  level of integration and functioning of the internal market; whereas, therefore, the accession of  the Community to the Madrid Protocol is necessary in order for the Community trade mark system to  become more attractive; Whereas the European Commission should be authorized to represent the European Community in the  Assembly of the Madrid Union after the accession of the Community to the Madrid Protocol; whereas  the European Community will not express a view in the Assembly in matters relating solely to the  Madrid Agreement; Whereas the competence of the European Community to conclude or accede to international agreements  or treaties does not derive only from explicit conferral by the Treaty but may also derive from  other provisions of the Treaty and from acts adopted pursuant to those provisions by Community  institutions; Whereas this decision does not affect the right of the Member States to participate in the Assembly  of the Madrid Union with regard to their national trade marks, HAS DECIDED AS FOLLOWS: Article 1 The Protocol Relating to the Madrid Agreement Concerning the  International Registration of Marks, adopted at Madrid on 27 June 1989 (herafter referred to as  'the Madrid Protocol`), is hereby approved on behalf of the Community with regard to matters within  its competence. The text of the Madrid Protocol is attached to this Decision. Article 2 1.  The President of the Council is hereby authorized to deposit the instrument of  accession with the Director General of the World Intellectual Property Organization as from the  date on which the Council has adopted the measures which are necessary for the establishment of a  link between the Community trade mark and the Madrid Protocol. 2.  The declaration, which is attached to this decision, shall be made in the instrument of  accession. Article 3 1.  The European Commission is hereby authorized to represent the European Community at  the meetings of the Assembly of the Madrid Union to be held under the auspices of the World  Intellectual Property Organization and to negotiate matters, on behalf of the European Community,  which fall under the competence which the Assembly has pursuant to Article 10 of the Madrid  Protocol. 2.  The position of the European Community will be drawn up by the European Commission and the  Member States within the competent Council working party or at on-the-spot meetings convened in the  course of the work carried out within the framework of the World Intellectual Property  Organization.(1) OJ No L 11, 14. 1. 1994, p. 1.  (2) The Madrid Agreement Concerning the International Registration of Marks as last revised at  Stockholm on 14 July 1967 and as amended on 2 October 1979.   ANNEX DECLARATION ON THE INDIVIDUAL FEE SYSTEM The President of the Council, when  depositing this instrument of accession with the Director General of WIPO, shall attach the  following declaration to the instrument of accession. 'The European Community declares that, in connection with each international registration in which  it is mentioned under Article 3 (b) (1) or (2) of the Madrid Protocol, and in connection with the  renewal of any such international registration, it wants to receive, instead of a share in the  revenue produced by the supplementary fee and complementary fee, - for an individual mark: - a designation fee of ECU 2,075  (¹) plus, where applicable, ECU 400 for each class of goods or  services exceeding three, or, where applicable, - a renewal fee of ECU 2,500  (¹) plus, where applicable, ECU 400 for each class of goods or  services exceeding three; - for a collective mark: - a designation fee of ECU 3,875  (¹) plus, where applicable, ECU 800 for each class of goods or  services exceeding three, or, where applicable, - a renewal fee of ECU 5,000  (¹) plus, where applicable, ECU 800 for each class of goods or  services exceeding three. (¹) The said fees are provisional; they will be diminished by the savings resulting from the  international procedure, once they are known. ` PROTOCOL Relating to the Madrid Agreement Concerning the International Registration of  Marks, adopted at Madrid on 27 June 1989 Article 1 Membership in the Madrid Union The States party to this Protocol (hereinafter referred to as 'the contracting States`), even where  they are not party to the Madrid Agreement Concerning the International Registration of Marks as  revised at Stockholm in 1967 and as amended in 1979 (hereinafter referred to as 'the Madrid  (Stockholm) Agreement`), and the organizations referred to in Article 14 (1) (b) which are party to  this Protocol (hereinafter referred to as 'the contracting organizations`) shall be members of the  same Union of which countries party to the Madrid (Stockholm) Agreement are members. Any reference  in this Protocol to 'contracting parties` shall be construed as a reference to both contracting  States and contracting organizations. Article 2 Securing protection through international registration 1.  Where an application for the registrtion of a mark has been filed with the office of a  contracting party, or where a mark has been registered in the register of the office of a  contracting party, the person in whose name that application (hereinafter referred to as 'the basic  application`) or that registration (hereinafter referred to as 'the basic registration`) stands  may, subject to the provisions of this Protocol, secure protection for his mark in the territory of  the contracting parties, by obtaining the registration of that mark in the register of the  International Bureau of the World Intellectual Property Organization (hereinafter referred to as  'the international Registration`, 'the International Register`, 'the International Bureau` and the  'Organization`, respectively), provided that: (i) where the basic application has been filed with the office of a contracting State or where the  basic registration has been made by such an office, the person in whose name that application or  registration stands is a national of that contracting State, or is domiciled, or has a real and  effective industrial or commercial establishment, in the said contracting State; (ii) where the basic application has been filed with the office of a contracting organization or  where the basic registration has been made by such an office, the person in whose name that  application or registration stands is a national of a State member of that contracting  organization, or is domiciled, or has a real and effective industrial or commercial establishment,  in the territory of the said contracting organization. 2.  The application for international registration (hereinafter referred to as 'the international  application`) shall be filed with the International Bureau through the intermediary of the office  with which the basic application was filed or by which the basic registration was made (hereinafter  referred to as 'the office of origin`), as the case may be. 3.  Any reference in this Protocol to an 'office` or an 'office of a contracting party` shall be  construed as a reference to the office that is in charge, on behalf of a contracting party, of the  registration of marks, and any reference in this Protocol to 'marks` shall be construed as a  reference to trade marks and service marks. 4.  For the purposes of this Protocol, 'territory of a contracting party` means, where the  contracting party is a State, the territory of that State and, where the contracting party is an  intergovernmental organization, the territory in which the constituting treaty of that  intergovernmental organization applies. Article 3 International application 1.  Every international application under this Protocol shall be presented on the form prescribed  by the regulations. The office of origin shall certify that the particulars appearing in the  international application correspond to the particulars appearing, at the time of the  certification, in the basic application or basic registration, as the case may be. Furthermore, the  said office shall indicate: (i) in the case of a basic application, the date and number of that application; (ii) in the case of a basic registration, the date and number of that registration as well as the  date and number of the application from which the basic registration resulted. The office of origin shall also indicate the date of the international application. 2.  The applicant must indicate the goods and services in respect of which protection of the mark  is claimed and also, if possible, the corresponding class or classes according to the  classification established by the Nice Agreement Concerning the International Classification of  Goods and Services for the Purposes of the Registration of Marks. If the applicant does not give  such indication, the International Bureau shall classify the goods and services in the appropriate  classes of the said classification. The indication of classes given by the applicant shall be  subject to control by the International Bureau, which shall exercise the said control in  association with the office of origin. In the event of disagreement between the said office and the  International Bureau, the opinion of the latter shall prevail. 3.  If the applicant claims colour as a distinctive feature of his mark, he shall be required: (i) to state the fact, and to file with his international application a notice specifying the  colour or the combination of colours claimed; (ii) to append to his international application copies in colour of the said mark, which shall be  attached to the notifications given by the International Bureau, the number of such copies shall be  fixed by the regulations. 4.  The International Bureau shall register immediately the marks filed in accordance with Article  2. The international registration shall bear the date on which the international application was  received in the office of origin, provided that the international application has been received by  the International Bureau within a period of two months from that date. If the international  application has not been received within that period, the international registration shall bear the  date on which the said international application was received by the International Bureau. The  International Bureau shall notify the international registration without delay to the offices  concerned. Marks registered in the International Register shall be published in a periodical  gazette issued by the International Bureau, on the basis of the particulars contained in the  international application. 5.  With a view to the publicity to be given to marks registered in the International Register,  each office shall receive from the International Bureau a number of copies of the said gazette free  of charge and a number of copies at a reduced price, under the conditions fixed by the assembly  referred to in Article 10 (hereinafter referred to as 'the assembly`). Such publicity shall be  deemed to be sufficient for the purposes of all the contracting parties, and no other publicity may  be required of the holder of the international registration. Article 3 (a) Territorial effect The protection resulting from the international registration shall extend to any contracting party  only at the request of the person who files the international application or who is the holder of  the international registration. However, no such request can be made with respect to the  contracting party whose office is the office of origin. Article 3 (b) Request for 'territorial extension` 1.  Any request for extension of the protection resulting from the international registration to  any contracting party shall be specially mentioned in the international application. 2.  A request for territorial extension may also be made subsequently to the international  registration. Any such request shall be presented on the form prescribed by the regulations. It  shall be immediately recorded by the International Bureau, which shall notify such recordal without  delay to the office or offices concerned. Such recordal shall be published in the periodical  gazette of the International Bureau. Such territorial extension shall be effective from the date on  which it has been recorded in the International Register; it shall cease to be valid on the expiry  of the international registration to which it relates. Article 4 Effects of international registration 1. (a) From the date of the registration or recordal effected in accordance with the provisions of  Articles 3 and 3 (b), the protection of the mark in each of the contracting parties concerned shall  be the same as if the mark had been deposited direct with the office of that contracting party. If  no refusal has been notified to the International Bureau in accordance with Article 5 (1) and (2)  or if a refusal notified in accordance with the said Article has been withdrawn subsequently, the  protection of the mark in the contracting party concerned shall, as from the said date, be the same  as if the mark had been registered by the office of that contracting party. (b) The indication of classes of goods and services provided for in Article 3 shall not bind the  contracting parties with regard to the determination of the scope of the protection of the mark. 2.  Every international registration shall enjoy the right of priority provided for by Article 4 of  the Paris Convention for the Protection of Industrial Property, without it being necessary to  comply with the formalities prescribed in Section D of that Article. Article 4 (a) Replacement of a national or regional registration by an international registration 1.  Where a mark that is the subject of a national or regional registration in the office of a  contracting party is also the subject of an international registration and both registrations stand  in the name of the same person, the international registration is deemed to replace the national or  regional registration, without prejudice to any rights acquired by virtue of the latter, provided  that: (i) the protection resulting from the international registration extends to the said contracting  party under Article 3 (b) (1) or (2); (ii) all the goods and services listed in the national or regional registration are also listed in  the international registration in respect of the said contracting party; (iii) such extension takes effect after the date of the national or regional registration. 2.  The office referred to in paragraph 1 shall, upon request, be required to take note in its  register of the international registration. Article 5 Refusal and invalidation of effects of international registration in respect of certain contracting  parties 1.  Where the applicable legislaton so authorizes, any office of a contracting party which has been  notified by the International Bureau of an extension to that contracting party, under Article 3 (b)  (1) or (2), of the protection resulting from the international registration shall have the right to  declare in a notification of refusal that protection cannot be granted in the said contracting  party to the mark which is the subject of such extension. Any such refusal can be based only on the  grounds which would apply, under the Paris Convention for the Protection of Industrial Property, in  the case of a mark deposited direct with the office which notifies the refusal. However, protection  may not be refused, even partially, by reason only that the applicable legislation would permit  registration only in a limited number of classes or for a limited number of goods or services. 2. (a) Any office wishing to exercise such right shall notify its refusal to the International  Bureau, together with a statement of all grounds, within the period prescribed by the law  applicable to that office and at the latest, subject to subparagraphs (b) and (c), before the  expiry of one year from the date on which the notification of the extension referred to in  paragraph 1 has been sent to that office by the International Bureau. (b) Notwithstanding subparagraph (a), any contracting party may declare that, for international  registrations made under this Protocol, the time limit of one year referred to in subparagraph (a)  is replaced by 18 months. (c) Such declaration may also specify that, when a refusal of protection may result from an  opposition to the granting of protection, such refusal may be notified by the office of the said  contracting party to the International Bureau after the expiry of the 18-month time limit. Such an  office may, with respect to any given international registration, notify a refusal of protection  after the expiry of the 18-month time limit, but only if: (i) it has, before the expiry of the 18-month time limit, informed the International Bureau of the  possibility that oppositions may be filed after the expiry of the 18-month time limit, and (ii) the notification of the refusal based on an opposition is made within a time limit of not more  than seven months from the date on which the opposition period begins; if the opposition period  expires before this time limit of seven months, the notification must be made within a time limit  of one month from the expiry of the opposition period. (d) Any declaration under subparagraphs (b) or (c) may be made in the instruments referred to in  Article 14 (2), and the effective date of the declaration shall be the same as the date of entry  into force of this Protocol with respect to the State or intergovernmental organization having made  the declaration. Any such declaration may also be made later, in which case the declaration shall  have effect three months after its receipt by the Director General of the Organization (hereinafter  referred to as 'the Director General`), or at any later date indicated in the declaration, in  respect of any international registration whose date is the same as or is later than the effective  date of the declaration. e) Upon the expiry of a period of ten years from the entry into force of this Protocol, the  Assembly shall examine the operation of the system established by subparagraphs (a) to (d).  Thereafter, the provisions of the said subparagraphs may be modified by a unanimous decision of the  Assembly. 3.  The International Bureau shall, without delay, transmit one of the copies of the notification  of refusal to the holder of the international registration. The said holder shall have the same  remedies as if the mark had been deposited by him direct with the office which has notified its  refusal. Where the International Bureau has received information under paragraph 2 (c) (i), it  shall, without delay, transmit the said information to the holder of the international  registration. 4.  The grounds for refusing a mark shall be communicated by the International Bureau to any  interested party who may so request. 5.  Any office which has not notified, with respect to a given international registration, any  provisional or final refusal to the International Bureau in accordance with paragraphs 1 and 2  shall, with respect to that international registration, lose the benefit of the right provided for  in paragraph 1. 6.  Invalidation, by the competent authorities of a contracting party, of the effects, in the  territory of that contracting party, of an international registration may not be pronounced without  the holder of such international registration having, in good time, been afforded the opportunity  of defending his rights. Invalidation shall be notified to the International Bureau. Article 5 (a) Documentary evidence of legitimacy of use of certain elements of the mark Documentary evidence of the legitimacy of the use of certain elements incorporated in a mark, such  as armorial bearings, escutcheons, portraits, honorary distinctions, titles, trade names, names of  persons other than the name of the applicant, or other like inscriptions, which might be required  by the offices of the contracting parties shall be exempt from any legalization as well as from any  certification other than that of the office of origin. Article 5 (b) Copies of entries in international register; searches for anticipations; extracts from  International Register 1.  The International Bureau shall issue to any person applying therefor, upon the payment of a fee  fixed by the regulations, a copy of the entries in the International Register concerning a specific  mark. 2.  The International Bureau may also, upon payment, undertake searches for anticipations among  marks that are the subject of international registrations. 3.  Extracts from the International Register requested with a view to their production in one of  the contracting parties shall be exempt from any legalization. Article 6 Period of validity of international registration; dependence and independence of international  registration 1.  Registration of a mark at the International Bureau is effected for 10 years, with the  possibility of renewal under the conditions specified in Article 7. 2.  Upon expiry of a period of five years from the date of the international registration, such  registration shall become independent of the basic application or the registration resulting  therefrom, or of the basic registration, as the case may be, subject to the following provisions. 3.  The protection resulting from the international registration, whether or not it has been the  subject of a transfer, may no longer be invoked if, before the expiry of five years from the date  of the international registration, the basic application or the registration resulting therefrom,  or the basic registration, as the case may be, has been withdrawn, has lapsed, has been renounced  or has been the subject of a final decision of rejection, revocation, cancellation or invalidation,  in respect of all or some of the goods and services listed in the international registration. The  same applies if: (i) an appeal against a decision refusing the effects of the basic application; (ii) an action requesting the withdrawal of the basic application or the revocation, cancellation  or invalidation of the registration resulting from the basic application or of the basic  registration; or (iii) an oppositon to the basic application results, after the expiry of the five-year period, in a final decision of rejection, revocation,  cancellation or invalidation, or ordering the withdrawal, of the basic application, or the  registration resulting therefrom, or the basic registration, as the case may be, provided that such  appeal, action or opposition had begun before the expiry of the said period. The same also applies  if the basic application is withdrawn, or the registration resulting from the basic application or  the basic registration is renounced, after the expiry of the five-year period, provided that, at  the time of the withdrawal or renunciation, the said application or registration was the subject of  a proceeding referred to in item (i), (ii) or (iii) and that such proceeding had begun before the  expiry of the said period. 4.  The office of origin shall, as prescribed in the regulations, notify the International Bureau  of the facts and decisions relevant under paragraph 3, and the International Bureau shall, as  prescribed in the regulations, notify the interested parties and effect any publication  accordingly. The office of origin shall, where applicable, request the International Bureau to  cancel, to the extent applicable, the international registration, and the International Bureau  shall proceed accordingly. Article 7 Renewal of international registration 1.  Any international registration may be renewed for a period of 10 years from the expiry of the  preceding period, by the mere payment of the basic fee and, subject to Article 8 (7), of the  supplementary and complementary fees provided for in Article 8 (2). 2.  Renewal may not bring about any change in the international registration in its latest form. 3.  Six months before the expiry of the term of protection, the International Bureau shall, by  sending an unofficial notice, remind the holder of the international registration and his  representative, if any, of the exact date of expiry. 4.  Subject to the payment of a surcharge fixed by the regulations, a period of grace of six months  shall be allowed for renewal of the international registration. Article 8 Fees for international application and registration 1.  The office of origin may fix, at its own discretion, and collect, for its own benefit, a fee  which it may require from the applicant for international registration or from the holder of the  international registration in connection with the filing of the international application or the  renewal of the international registration. 2.  Registration of a mark at the International Bureau shall be subject to the advance payment of  an international fee which shall, subject to the provisions of paragraph 7 (a), include: (i) a basic fee; (ii) a supplementary fee for each class of the International Classification, beyond three, into  which the goods or services to which the mark is applied will fall; (iii) a complementary fee for any request for extension of protection under Article 3 (b). 3.  However, the supplementary fee specified in paragraph 2 (ii) may, without prejudice to the date  of the international registration, be paid within the period fixed by the regulations if the number  of classes of goods or services has been fixed or disputed by the International Bureau. If, upon  expiry of the said period, the supplementary fee has not been paid or the list of goods or services  has not been reduced to the required extent by the applicant, the international application shall  be deemed to have been abandoned. 4.  The annual product of the various receipts from international registration, with the exception  of the receipts derived from the fees mentioned in paragraph 2 (ii) and (iii), shall be divided  equally among the contracting parties by the International Bureau, after deduction of the expenses  and charges necessitated by the implementation of this Protocol. 5.  The amounts derived from the supplementary fees provided for in paragraph 2 (ii) shall be  divided, at the expiry of each year, among the interested contracting parties in proportion to the  number of marks for which protection has been applied for in each of them during that year, this  number being multiplied, in the case of contracting parties which make an examination, by a  coefficient which shall be determined by the regulations. 6.  The amounts derived from the complementary fees provided for in paragraph 2 (iii) shall be  divided according to the same rules as those provided for in paragraph 5. 7. (a) Any contracting party may declare that, in connection with each international registration  in which it is mentioned under Article 3 (b), and in connection with the renewal of any such  international registration, it wants to receive, instead of a share in the revenue produced by the  supplementary and complementary fees, a fee (hereinafter referred to as 'the individual fee`) whose  amount shall be indicated in the declaration, and can be changed in further declarations, but may  not be higher than the equivalent of the amount which the said contracting party's office would be  entitled to receive from an applicant for a 10-year registration, or from the holder of a  registration for a 10-year renewal of that registration, of the mark in the register of the said  office, the said amount being diminished by the savings resulting from the international procedure.  Where such an individual fee is payable, (i) no supplementary fees referred to in paragraph 2 (ii) shall be payable if only contracting  parties which have made a declaration under this subparagraph are mentioned under Article 3 (b),  and (ii) no complementary fee referred to in paragraph 27 (iii) shall be payable in respect of any  contracting party which has made a declaration under this subparagraph. (b) Any declaration under subparagraph (a) may be made in the instruments referred to in Article 14  (2), and the effective date of the declaration shall be the same as the date of entry into force of  this Protocol with respect to the State or intergovernmental organization having made the  declaration. Any such declaration may also be made later, in which case the declaration shall have  effect three months after its receipt by the Director General, or at any later date indicated in  the declaration, in respect of any international registration whose date is the same as or is later  than the effective date of the declaration. Article 9 Recordal of change in the ownership of an international registration At the request of the person in whose name the international registration stands, or at the request  of an interested office made ex officio or at the request of an interested person, the  International Bureau shall record in the International Register any change in the ownership of that  registration, in respect of all or some of the contracting parties in whose territories the said  registration has effect and in respect of all or some of the goods and services has effect and in  respect of all or some of the goods and services listed in the registration, provided that the new  holder is a person who, under Article 2 (1), is entitled to file international applications. Article 9 (a) Recordal of certain matters concerning an international registration The International Bureau shall record in the International Register: (i) any change in the name or address of the holder of the international registration; (ii) the appointment of a representative of the holder of the international registration and any  other relevant fact concerning such representative; (iii) any limitation, in respect of all or some of the contracting parties, of the goods and  services listed in the international registration; (iv) any renunciation, cancellation or invalidation of the international registration in respect of  all or some of the contracting parties; (v) any other relevant fact, identified in the regulations, concerning the rights in a mark that is  the subject of an international registration. Article 9 (b) Fees for certain recordals Any recordal under Article 9 or under Article 9 (a) may be subject to the payment of a fee. Article 9 (c) Common office of several contracting States 1.  If several contracting States agree to effect the unification of their domestic legislations on  marks, 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 shall be deemed to be a single State for the  purposes of the application of all or part of the provisions preceding this Article as well as the  provisons of Articles 9 (d) and 9 (e). 2.  Such notification shall not take effect until three months after the date of the communication  thereof by the Director General to the other contracting parties. Article 9 (d) Transformation of an international registration into national or regional applications Where, in the event that the international registration is cancelled at the request of the office  of origin under Article 6 (4), in respect of all or some of the goods and services listed in the  said registration, the person who was the holder of the international registration files an  application for the registration of the same mark with the office of any of the contracting parties  in the territory of which the international registration had effect, that application shall be  treated as if it had been filed on the date of the international registration according to Article  3 (4) or on the date of recordal of the territorial extension according to Article 3 (b) (2) and,  if the international registration enjoyed priority, shall enjoy the same priority, provided that: (i) such application is filed within three months from the date on which the international  registration was cancelled; (ii) the goods and services listed in the application are in fact covered by the list of goods and  services contained in the international registration in respect of the contracting party concerned;  and (iii) such application complies with all the requirements of the applicable law, including the  requirements concerning fees. Article 9 (e) Safeguard of the Madrid (Stockholm) Agreement 1.  Where, with regard to a given international application or a given international registration,  the office of origin is the office of a State that is party to both this Protocol and the Madrid  (Stockholm) Agreement, the provisions of this Protocol shall have no effect in the territory of any  other State that is also party to both this Protocol and the Madrid (Stockholm) Agreement. 2.  The Assembly may, by a three-fourths majority, repeal paragraph 1, or restrict the scope of  paragraph 1, after the expiry of a period of 10 years from the entry into force of this Protocol,  but not before the expiry of a period of five years from the date on which the majority of the  countries party to the Madrid (Stockholm) Agreement have become party to this Protocol. In the vote  of the Assembly, only those States which are party to both the said Agreement and this Protocol  shall have the right to participate. Article 10 Assembly 1. (a) The contracting parties shall be members of the same Assembly as the countries party to the  Madrid (Stockholm) Agreement. (b) Each contracting party shall be represented in that Assembly by one delegate, who may be  assisted by alternate delegates, advisors, and experts. (c) The expenses of each delegation shall be borne by the contracting party which has appointed it,  except for the travel expenses and the subsistence allowance of one delegate for each contracting  party, which shall be paid from the funds of the Union. 2.  The Assembly shall, in addition to the functions which it has under the Madrid (Stockholm)  Agreement, also: (i) deal with all matters concerning the implementation of this Protocol; (ii) give directions to the International Bureau concerning the preparation for conferences of  revision of this Protocol, due account being taken of any comments made by those countries of the  Union which are not party to this Protocol; (iii) adopt and modify the provisions of the regulations concerning the implementation of this  Protocol; (iv) perform such other functions as are appropriate under this Protocol. 3. (a) Each contracting party shall have one vote in the Assembly. On matters concerning only  countries that are party to the Madrid (Stockholm) Agreement, contracting parties that are not  party to the said Agreement shall not have the right to vote, whereas, on matters concerning only  contracting parties, only the latter shall have the right to vote. (b) One-half of the members of the Assembly which have the right to vote on a given matter shall  constitute the quorum for the purposes of the vote on that matter. (c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of the  members of the Assembly having the right to vote on a given matter which are represented is less  than one-half but equal to or more than one-third of the members of the Assembly having 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 having the right to vote on the said matter which 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 expiry 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. (d) Subject to the provisions of Articles 5 (2) (e), 9 (e) (2), 12 and 13 (2), the decisions of the  Assembly shall require two-thirds of the votes cast. (e) Abstentions shall not be considered as votes. (f) A delegate may represent, and vote in the name of, one member of the Assembly only. 4.  In addition to meeting in ordinary sessions and extraordinary sessions as provided for by the  Madrid (Stockholm) Agreement, the Assembly shall meet in extraordinary session upon convocation by  the Director General, at the request of one-fourth of the members of the Assembly having the right  to vote on the matters proposed to be included in the agenda of the session. The agenda of such an  extraordinary session shall be prepared by the Director General. Article 11 International Bureau 1.  International registration and related duties, as well as all other administrative tasks, under  or concerning this Protocol, shall be performed by the International Bureau. 2. (a) The International Bureau shall, in accordance with the directions of the Assembly, make the  preparations for the conferences of revision of this Protocol. (b) The International Bureau may consult with intergovernmental and international non-governmental  organizations concerning preparations for such conferences of revision. (c) The Director General and persons designated by him shall take part, without the right to vote,  in the discussions at such conferences of revision. 3.  The International Bureau shall carry out any other tasks assigned to it in relation to this  Protocol. Article 12 Finances As far as contracting parties are concerned, the finances of the Union shall be governed by the  same provisions as those contained in Article 12 of the Madrid (Stockholm) Agreement, provided that  any reference to Article 8 of the said Agreement shall be deemed to be a reference to Article 8 of  this Protocol. Furthermore, for the purposes of Article 12 (6) (b) of the said Agreement,  contracting organizations shall, subject to a unanimous decision to the contrary by the Assembly,  be considered to belong to contribution class 1 (one) under the Paris Convention for the Protection  of Industrial Property. Article 13 Amendment of certain articles of the Protocol 1.  Proposals for the amendment of Articles 10, 11, 12, and the present Article, may be initiated  by any contracting party, or by the Director General. 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.  Amendments to the Articles referred to in paragraph 1 shall be adopted by the Assembly.  Adoption shall require three-fourths of the votes cast, provided that any amendment to Article 10,  and to the present paragraph, shall require four-fifths of the votes casts. 3.  Any amendment to the Articles referred to in paragraph 1 shall enter into force one month after  written notification of acceptance, effected in accordance with their respective constitutional  processes, have been received by the Director General from three-fourths of those States and  intergovernmental organizations which, at the time the amendment was adopted, were members of the  Assembly and had the right to vote on the amendment. Any amendment to the said Articles thus  accepted 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. Article 14 Becoming party to the Protocol; entry into force 1. (a) Any State that is a party to the Paris Convention for the Protection of Industrial Property  may become party to this Protocol. (b) Furthermore, any intergovernmental organization may also become party to this Protocol where  the following conditions are fulfilled: (i) at least one of the members States of that organization is a party to the Paris Convention for  the Protection of Industrial Property; (ii) that organization has a regional office for the purposes of registering marks with effect in  the territory of the organization, provided that such office is not the subject of a notification  under Article 9 (c). 2.  Any State or organization referred to in paragraph 1 may sign this Protocol. Any such State or  organization may, if it has signed this Protocol, deposit an instrument of ratification, acceptance  or approval of this Protocol or, if it has not signed this Protocol, deposit an instrument of  accession to this Protocol. 3.  The instruments referred to in paragraph 2 shall be deposited with the Director General. 4. (a) This Protocol shall enter into force three months after four instruments of ratification,  acceptance, approval or accession have been deposited, provided that at least one of those  instruments has been deposited by a country party to the Madrid (Stockholm) Agreement and at least  one other of those instruments has been deposited by a State not party to the Madrid (Stockholm)  Agreement or by any of the organizations referred to in paragraph 1 (b). (b) With respect to any other State or organization referred to in paragraph 1, this Protocol shall  enter into force three months after the date on which its ratification, acceptance, approval or  accession has been notified by the Director General. 5.  Any State or organization referred to in paragraph 1 may, when depositing its instrument of  ratification, acceptance or approval of, or accession to, this Protocol, declare that the  protection resulting from any international registration effected under this Protocol before the  date of entry into force of this Protocol with respect to it cannot be extended to it. Article 15 Denunciation 1.  This Protocol shall remain in force without limitation as to time. 2.  Any contracting party may denounce this Protocol by notification addressed to the Director  General. 3.  Denunciation shall take effect one year after the day on which the Director General has  received the notification. 4.  The right of denunciation provided for by this Article shall not be exercised by any  contracting party before the expiry of five years from the date upon which this Protocol entered  into force with respect to that contracting party. 5. (a) Where a mark is the subject of an international registration having effect in the denouncing  State or intergovernmental organization at the date on which the denunciation becomes effective,  the holder of such registration may file an application for the registration of the same mark with  the office of the denouncing State or intergovernmental organization, which shall be treated as if  it had been filed on the date of the international registration according to Article 3 (4) or on  the date of recordal of the territorial extension according to Article 3 (b) (2) and, if the  international registration enjoyed priority, enjoy the same priority, provided that (i) such application is filed within two years from the date on which the denunciation became  effective; (ii) the goods and services listed in the application are in fact covered by the list of goods and  services contained in the international registration in respect of the denouncing State or  intergovernmental organization; and (iii) such application complies with all the requirements of the applicable law, including the  requirements concerning fees. (b) The provisions of subparagraph (a) shall also apply in respect of any mark that is the subject  of an international registration having effect in contracting parties other than the denouncing  State or intergovernmental organization at the date on which denunciation becomes effective and  whose holder, because of the denunciation, is no longer entitled to file international applications  under Article 2 (1). Article 16 Signature; languages; depositary functions 1. (a) This Protocol shall be signed in a single copy in the English, French and Spanish languages,  and shall be deposited with the Director General when it ceases to be open for signature at Madrid.  The texts in the three languages shall be equally authentic. (b) Official texts of this Protocol shall be established by the Director General, after  consultation with the interested governments and organizations, in the Arabic, Chinese, German,  Italian, Japanese, Portuguese and Russian languages, and in such other languages as the Assembly  may designate. 2.  This Protocol shall remain open for signature at Madrid until 31 December 1989. 3.  The Director General shall transmit two copies, certified by the Government of Spain, of the  signed texts of this Protocol to all States and intergovernmental organizations that may become  party to this Protocol. 4.  The Director General shall register this Protocol with the Secretariat of the United Nations. 5.  The Director General shall notify all States and international organizations that may become or  are party to this Protocol of signatures, deposits of instruments of ratification, acceptance,  approval or accession, the entry into force of this protocol and any amendment thereto, any  notification of denunciation and any declaration provided for in this Protocol.