WORLD TRADE
ORGANIZATIONTN/IP/W/4
18 September 2002
(02-4973)
Council for Trade-Related Aspects
of Intellectual Property RightsSpecial Session
MULTILATERAL NOTIFICATION AND REGISTRATION SYSTEMS
Note by the Secretariat
1. The second Special Session of the Council for TRIPS, held on 28 June 2002, agreed to ask the
WTO Secretariat, with the assistance of the International Bureau of the World Intellectual Property
Organization (WIPO), to prepare a factual background paper on existing international systems ofnotification and registration at the multilateral level (TN/IP/M/2, paragraphs 118-119).  This paper
attempts to respond to this request.  While it has been prepared with the assistance of the International
Bureau of WIPO, it is circulated on the responsibility of the WTO Secretariat only.
2. With regard to notification systems, this paper focuses, for reasons of practicality, on those
multilateral systems in place in the WTO and in the intellectual property field.  With regard to WTO
notification systems, an overview of such systems was prepared by the Secretariat in 1994 and
circulated as document COM.TD/W/515.  Annex 1 of this note reproduces the main elements of thelisting of these notification requirements under the various WTO agreements and decisions.  Annex 2
contains a somewhat more detailed description of the various notification requirements under the
TRIPS Agreement.  With regard to multilateral not ification systems relating to intellectual property
rights outside the WTO, this note focuses on notification systems within the framework of WIPO.  A
summary of such systems, provided by the International Bureau of WIPO, is contained in Annex 3.
3. The WTO notification requirements serve a variety of purposes, which can be categorized as
follows (of course, some may have more than one of the characteristics listed below):
(i) Where the main purpose is to provide information or, put differently, to ensure
transparency.  In some cases, this is to facilitate the task of various WTO bodies in
reviewing implementation of the agreements for which they are responsible and, inparticular, monitoring compliance with the obligations under those agreements.
Examples include the requirements under most WTO agreements, including the
TRIPS Agreement, to notify national implementing legislation.  In some cases,
notifications are aimed at forestalling possible trade problems by facilitating bilateral
consultations;  examples can be found under the Agreement on Technical Barriers toTrade and the Agreement on the Application of Sanitary and Phytosanitary Measures.This document has been prepared under the Secretariat's own
responsibility and without prejudice to the positions of Members
and to their rights and obligations under the WTO.TN/IP/W/4
Page 2
In some cases, notifications are required of the results of the use of procedures under
the WTO, for example consultations under the Safeguard Agreement or in the area of
dispute settlement.  A particular type of notification that might be noted are so-called
"reverse" notifications by affected countries about the measures taken by other
Members;  examples can be found in the Decision of the Council for Trade in Goodson the Reverse Notification of Non-Tariff Measures and in the Understanding on
Balance-of-Payments Provisions.
(ii) Where the notification is required in connection with the invocation of certain
exceptions, transition periods or other benefits under WTO agreements.  Examples in
relation to the use of exceptions can be found in the TRIPS Agreement under
Articles 3.1 and 4(d) and in the Safegu ards Agreement.  Examples regarding
transition periods and other benefits can be found in the Agreement on Subsidies andCountervailing Measures and the Agreement on Article VII of the GATT (the
Customs Valuation Agreement).
(iii) Where the main purpose is to facilitate further contacts and cooperation between
Members, for example through the notification of enquiry or contact points.  An
example can be found in Article 69 of the TRIPS Agreement.
(iv) Where a notification is part of the process of initiating a procedure under the WTO,
for example the renegotiation of tariff concessions or the use of the dispute settlement
mechanism.
4. A procedure which deserves special mention is  that concerning the communication of state
emblems, official hallmarks, and names, abbreviations and emblems of intergovernmentalorganizations under Article 6 ter of the Paris Convention.  Article 6 ter is also a requirement under the
TRIPS Agreement by virtue of its Article 2.1.
1  The effect of notifications under this provision is to
require Member States to provide protection against the registration of such subject-matter or its use
as trademarks or elements of trademarks as provided for in Article 6 ter of the Paris Convention,
unless they transmit objections within a 12-month period.  Further details of how this procedureworks in the TRIPS context can be found in Annexes 2 and 3 of this note.
5. With regard to existing multilateral registration systems, WIPO administers a number of
systems aimed at facilitating the acquisition of indu strial property protection in more than one country
or group of countries through a single application.  These systems are often referred to as international
registration systems.  The treaties upon which they are based  are the following:
- Lisbon Agreement for the Protection of Appellations of Origin and their International
Registration (1958);
- Madrid Agreement Concerning the International Registration of Marks (1891) and
Madrid Protocol Relating to that Agreement (1989);
- The Hague Agreement Concerning the International Deposit of Industrial Designs
(1934 Act;  1960 Act;  Geneva Act (1999))
2;
                                                     
1 Under Article 3 of the WIPO-WTO Agreement, the procedures relating to communication of
emblems and transmittal of objections under the TRIPS Agreement are administered by the International Bureauof WIPO.
2 The last revision of the Hague Agreement, the Geneva Act of 1999, has not yet entered into force.  In
view of the fact that the vast majority of international deposits made under the Hague Agreement are governedby the 1960 Act, all references in the present document to that Agreement are references to the 1960 Act, unlessotherwise indicated.TN/IP/W/4
Page 3
- Patent Cooperation Treaty (PCT) (1970).
6. In addition, the Treaty on the International Registration of Audiovisual Works (Film Register
Treaty "FRT") was concluded in 1989 under the aegis of WIPO.  The operation of the system
established by this Treaty has been, however, suspended sine die  the Assembly of the FRT Union in
1993, and subsequently by the WIPO General Assembly in 2000.  In spite of this, information on the
FRT is included in this note since it is an example of a multilateral registration system.
7. WIPO also administers the Budapest Treaty on the International Recognition of the Deposit
of Microorganisms for the Purposes of Patent Procedure.  The main feature of the Treaty is that a
contracting State which allows or requires the deposit of microorganisms for the purposes of patent
procedure must recognize, for such purposes, the deposit of a microorganism with any "international
depositary authority", irrespective of whether such authority is on or outside the territory of the saidState.
8. The multilateral registration systems mentioned in paragraph 5 can be put into a number of
categories from the perspective of their legal effects in the contracting parties at the national level:
(i) Where the legal effect of an international application
3 is the same as if a national
application has been made in each of the designated contracting parties, i.e., the effectis to set in motion national procedures for considering whether national rights should
be granted and the system does not provide for the grant of an international title of
protection.  (Patent Cooperation Treaty)
(ii) Where the effect of an international application is to require each of the designated
contracting parties to protect the subject-matter in accordance with national or
regional law, unless it has lodged a refusal to protect within a certain period (6, 12, 18
or more months).  The system provides for the grant of an international title of
protection, which provides for protection in each contracting party as if a national title
had been granted in that jurisdiction.  However, the office of each designatedcontracting party can refuse to grant the protection.  In case of refusal, the holder of
the international registration or deposit has the same remedies as if the mark or
industrial design had been deposited by him di rectly with the refusing office.  (Madrid
Agreement, Madrid Protocol and The Hague Agreement)
(iii) Where the effect of an application is similar to that under (ii), except that the
agreement also specifies substantive protection that must flow from internationalregistration, rather than leaving this entirely to national legislation.  (Lisbon
Agreement)
(iv) Where the effect of an application is to require each contracting party to presume the
validity of statements recorded in an in ternational register, notably about claimed
rights, unless the contrary is proved.  (Film Register Treaty)
                                                     
3 In each case in this paragraph, what is said relates to applications that meet the formal requirements
set out in the treaty in question.TN/IP/W/4
Page 4
9. A table summarizing the main features of the treaties referred to above follows.  It also
enumerates the main features of the only other multilateral system of this nature, namely the Stresa
Convention for the Use of Appellations d'Origine and Denominations of Cheeses.  It should be noted
that the information on the Madrid Agreement also applies to the Madrid Protocol, except where
otherwise indicated.  More detailed summaries of the WIPO systems, provided by the InternationalBureau of the WIPO, can be found in Annex 4.  In  addition, attention is drawn to the notes prepared
by the WTO Secretariat on existing national and international notification and registration systems for
geographical indications (IP/C/W/85 of 17 Nove mber 1997 and IP/C/W/85/Add.1 of 2 July 1999).
_______________TN/IP/W/4
Page 5TREATIES ADMINISTERED BY WIPO AND IN FORCE:
Lisbon Agreement, Madrid Agreement and Madrid Protocol
Lisbon Agreement for the Protection of
Appellations of Origin and their
International RegistrationMadrid Agreement Concerning
the International Registration
of MarksProtocol Relating to the Madrid
Agreement Concerning the
International Registration of
Marks
Protection facilitated Protection of appellations of origin for products. Registration of marks for goods and/or services, including collective,
certification and guarantee marks.
How is the application
filed?By the offices of the contracting parties in the
name of any  natural persons or legal entities,
public or private, having, according to theirnational legislation, a right to use the
appellation, directly with the International
Bureau.By a national or domiciliary of one of the contracting parties or a
person with real and effective industrial or commercial establishment
in one such contracting party, with  the International Bureau of WIPO,through the office of origin.
Main conditions forapplicationProtection of the appellation of origin in the
contracting party of origin.The applicant must first have the
mark registered in the national
office of origin.Same as for the Madrid
Agreement, except that the
applicant may also base his
international application on a
mark registered in the regional
office of origin or on anapplication for national or
regional registration filed in the
national or regional office of
origin.
Coverage ofapplicationAll contracting parties other than the contracting
party of origin.Contracting parties designated by the applicant other than the
contracting party of origin.
4
                                                     
4 The designation in a given international registration of the c ontracting parties where protection is sought may take place at the stage of the international application or
subsequently.  In this latter case, the procedure concerning r ecording, notification, publication and refusal of protection app lies mutatis mutandis  to the contracting parties
designated subsequently.TN/IP/W/4
Page 6Lisbon Agreement for the Protection of
Appellations of Origin and their
International RegistrationMadrid Agreement Concerning
the International Registration
of MarksProtocol Relating to the Madrid
Agreement Concerning the
International Registration of
Marks
Procedure following
applicationOnce the application is in conformity with
formal requirements, the registration is made by
the International Bureau in the International
Register of Appellations of Origin.  The
International Bureau communicates theregistration to the other contracting parties and
publishes it in Les Appellations d'origine .  Each
such contracting party may, within one year,
notify, together with an indication of the
grounds, the International Bureau that theycannot ensure the protection of the registered
appellation.Once the application is in
conformity with formal
requirements, the International
Bureau records the mark in an
International Register, publishesthe registration in the Gazette of
International Marks  and notifies it
to the designated contracting
parties.  Each such contracting
party may, within one year,declare, together with an
indication of  the grounds of its
decision, that protection cannot be
granted to the mark in  its territory
(refusal).Same as for the Madrid
Agreement, except that the time-
limit for refusal may be longer
than one year (18 months or even
more in some cases).
Legal effect Except where such a declaration has been made,
all contracting parties must protect the name as
long as it continues to be protected in the
contracting of origin.  The substantive protectionto be accorded is specified in the Agreement.If such a declaration is not made,
the international registration has
the effect of a national registration
in each of the designatedcontracting parties. If such a
declaration is made, the holder of
the international registration has
the same remedies as if the mark
had been deposited by himdirectly with the refusing office.
For a period of five years from the
date of registration, an
international registration remains
dependent on the protection of the
mark  in the contracting party  of
origin (principle of dependency).Same as for Madrid Agreement,
except that an international
registration which is cancelled
because protection has ceased inthe contracting party of origin as
the result of the principle of
dependency may be transformed
into a national or regional
application benefiting from thefiling date, and, where applicable,
the priority date, of the
international registration.TN/IP/W/4
Page 7Lisbon Agreement for the Protection of
Appellations of Origin and their
International RegistrationMadrid Agreement Concerning
the International Registration
of MarksProtocol Relating to the Madrid
Agreement Concerning the
International Registration of
Marks
Period of
validity/renewalsProtection ensured as long as the appellation of
origin is protected in the contracting party of
origin (no renewal).Ten years, renewable for further periods of ten years each.
Costs5500 Swiss francs. At the stage of the internat ional application:  Basic fee (653 Swiss
francs for a mark in black and white;  903 Swiss francs for a colour
mark) plus standard designation fees (73 Swiss francs or individual fee
fixed by the contracting party concerned) plus supplementary fee
(73 Swiss francs for each class of goods and services beyond the third).At the stage of a subsequent designation:  Basic fee (300 Swiss francs)
plus standard designation fees (73 Swiss francs or individual fee fixed
by the contracting party concerned).
At the stage of renewal:  Basic fee (653 Swiss francs) plus standard
designation fees (73 Swiss francs or individual fee fixed by thecontracting party concerned) plus supplementary fee (73 Swiss francs
for each class of goods and services beyond the third).
Membership/use of the
system20 States are party to the Lisbon Agreement.
5 international registrations in 2001.842 appellations of origin have been recorded,
of which 772 are currently in force.52 States are party to the Madrid Agreement and 56 States are parties
to the Madrid Protocol.23,985 international registrations were effected under the Madrid
Agreement and the Madrid Protocol in 2001.
                                                     
5  It should be noted that the figures given concern main fees only and do not include other costs such as those involved for re presentatives.TN/IP/W/4
Page 8TREATIES ADMINISTERED BY WIPO AND IN FORCE:
The Hague Agreement (1960 and 1999 Acts) and Patent Cooperation Treaty
The Hague Agreement Concerning
the International Deposit of Industrial
DesignsThe 1999 Act of the Hague Agreement
Concerning the International
Registration of Industrial Designs (not
yet in force)Patent Cooperation Treaty
Protection facilitated Industrial designs. Industrial designs. Patents for inventions.
How is the application
filed?By a national or domiciliary of one of
the contracting  parties or a person with
real and effective industrial or
commercial establishment in one such
party, with the International Bureau of
WIPO, either directly or through the
national office of the contracting party
of origin if the law of that party  sopermits. A contracting party may require
that, when it is considered to be the
contracting party of origin, the deposit
be made through its office.By a national or domiciliary of one of
the contracting parties or a person with
habitual residence or real and effective
industrial or commercial establishment
in one such contracting party, with the
International Bureau of WIPO, either
directly or through the office of the
applicant's contracting party if the law ofthat party so permits.By a national or resident of one of the
contracting parties with the national
patent office
6 of that party or, at the
applicant's option, directly with the
International Bureau of WIPO.
Main conditions for
applicationNo prior national deposit is required. No prior national deposit/registration is
required.No prior national or regional application
is required.  Restrictions as to nationalsecurity may apply.
Coverage ofapplicationContracting parties designated by the
applicant.  An international deposit has
no effect in the contracting party of
origin if the law of that party so
provides.Contracting parties designated by the
applicant.  An international registration
has no effect in the applicant's
contracting party if that contracting
party has made a corresponding
declaration to the International Bureau.Contracting parties designated by the
applicant.
                                                     
6 Or a regional patent office if the applicant is a national or resident of one of the contracting parties to a treaty establish ing such a regional patent office (European
Patent Office (EPO), the African Regional Industrial Property Organization (ARIPO), the Eurasian Patent Office (EAPO) and the A frican Intellectual Property Organization
(OAPI).TN/IP/W/4
Page 9The Hague Agreement Concerning
the International Deposit of Industrial
DesignsThe 1999 Act of the Hague Agreement
Concerning the International
Registration of Industrial Designs (not
yet in force)Patent Cooperation Treaty
Procedure following
applicationOnce the international deposit is in
conformity with formal requirements,
the International Bureau records it in the
International Register and publishes it in
the International Designs Bulletin , with
copies sent to the national office of eachcontracting party.  The applicant may
request that the publication be deferred
for a period of up to twelve months from
the international deposit date or, where
priority is claimed, from the prioritydate.
Each designated contracting party
having an examination or opposition
procedure may refuse protection  - with
the indication of the grounds of itsdecision - within six months from the
date of receipt of the publication.Once the international application is in
conformity with formal requirements,
the International Bureau records it in the
International Register and publishes it in
the International Designs Bulletin , with
copies sent to the national office of eachdesignated contracting party.  The
applicant may request that the
publication be deferred for a period of
up to thirty months from the filing date
or, where priority is claimed, from thepriority date.
Each designated contracting party may
refuse protection  - with the indication of
the grounds of its decision - within six
months from the date of receipt of thepublication.  This time-limit may be
extended to 12 months by contracting
parties whose office is an examining
office.Preparation of an "international search
report" by one of the major patent
offices, serving as a PCT International
Searching Authority.  If the application
is not withdrawn by the applicant, it is
published as a PCT "pamphlet" togetherwith the search report, and a specific
entry in relation to that publication
appears in the PCT Gazette .  Pamphlets
are communicated by the International
Bureau to the offices of or acting foreach designated contracting party.  The
applicant can wait until the end of the
thirtieth month - with respect to some
contracting parties until the end of the
twentieth month - from the priority dateto commence the national or regional
procedure before each designated office.
Where he has opted within the
expiration of 19 months from the
priority date to ask for an "international
preliminary examination report", the
applicant can in any case wait until theend of the thirtieth month from the
priority date to commence the national
or regional procedure.  This report,
which is prepared by one of the major
patent offices, serving as a PCTInternational Preliminary Examining
Authority, gives a preliminary and non-
binding opinion on the patentability of
the claimed invention.TN/IP/W/4
Page 10The Hague Agreement Concerning
the International Deposit of Industrial
DesignsThe 1999 Act of the Hague Agreement
Concerning the International
Registration of Industrial Designs (not
yet in force)Patent Cooperation Treaty
Legal effect Except where a refusal has been
notified, the international deposit has, in
each of the designated contracting
parties, the same effect as if all the
formalities required by the domestic law
for the grant of protection have beencomplied with and as if all
administrative acts required to that end
have been accomplished by the office of
that party.
In case of such refusal, the holder of theinternational deposit has the same
remedies as if the industrial design had
been deposited by him directly with the
refusing office.Except where a refusal has been
notified, the international registration
has the same effect as a grant of
protection for the industrial design, at
the latest from the date of expiration of
the refusal period or, where aContracting Party has made a
corresponding declaration under the
Regulations, at the latest at the time
specified in that declaration.
In case of refusal, the holder of theinternational deposit has the same
remedies as if the industrial design had
been deposited by him directly with the
refusing office.The effect of the application in each
designated contracting party is the same
as if a patent application had been filed
with the national patent office of that
contracting party (or in certain cases
with a regional patent office
7).
                                                     
7 EPO, ARIPO, EAPO and OAPI.  In the case of EAPO and OAPI, the designation of any State party both to the PCT, and respectively  the Eurasian Patent Convention
or the OAPI Agreement, automatically has the effect of the designation of all other such States for the purposes of the corresp onding regional patent.TN/IP/W/4
Page 11The Hague Agreement Concerning
the International Deposit of Industrial
DesignsThe 1999 Act of the Hague Agreement
Concerning the International
Registration of Industrial Designs (not
yet in force)Patent Cooperation Treaty
Period of
validity/renewalsSubject to renewal after five years, the
minimum duration of protection is ten
years.Subject to renewal after five years, the
minimum duration of protection is
15 years.[Not covered by the Treaty.  The law of
each contracting party is applicable.]
Costs8International deposit fee (397 Swissfrancs);  international renewal fee (200Swiss francs).Not fixed at present.  See PCT Rule 96 and Schedule of Fees
annexed to the PCT Regulations.Additional fees are payable directly to
receiving Offices, International
Searching Authorities, International
Preliminary Examining Authorities and
designated/elected Offices.  Certain fee
reductions may apply in relation to fees
payable to the International Bureau ofWIPO and/or to certain Authorities.  For
indications of amounts payable to all
PCT Authorities except
designated/elected Offices, see
http://www.wipo.int/pct/en/fees.pdf.Amounts of fees payable to
designated/elected Offices are available
in Volume II of the PCT Applicant's
Guide
(http://www.wipo.int/pct/guide/en/index.html).
Membership/use of thesystem30 States are party to the Agreement.
4,183 international deposits were made
in 2001.7 States have deposited their instrument
of ratification or accession.  This Act is
however not yet in force.As of 1 September 2002, 117 States are
party to the Treaty.
103,947 international applications were
received by the International Bureau in
2001.
                                                     
8 See footnote 5 above.TN/IP/W/4
Page 12OTHER WIPO TREATY AND OTHER MULTILATERAL TREATY OF NOTIFICATION AND REGISTRATION:
Film Registration Treaty and Stresa Convention
WIPO Treaty on the International
Registration of Audiovisual Works
(Film Register Treaty)
(Operation suspended sine die )International Convention for the Use
of Appellations d'Origine and
Denominations of Cheeses (Stresa
Convention)9
Protection facilitated Rights in audiovisual works, through the
registration of statements concerningsuch works and rights in such works,
including, in particular, rights relating to
their exploitation.Appellations d'origine  and
denominations for cheese.
How is the applicationfiled?By any natural person who is a national
of, is domiciled in, has his  habitualresidence in, or has real and effective
industrial or commercial establishment,
in a contracting party, and any legal
entity which is organized under the laws
of, or has a real and effective industrialor commercial establishment in, a
contracting party, directly with the
International Bureau of WIPO.
If the application concerns a registration
already effected, it may also be filed by
a natural person or legal entity not
satisfying the above conditions.Any contracting party may request the
inclusion of an appellation d'origine  in
Annex A or a denomination of cheese in
Annex B.  Requests are addressed to the
Italian Government.
Main conditions for
application-- Protection in the requesting contracting
party.
Coverage ofapplicationContracting parties. All other contracting parties.
                                                     
9 This table is based on information given in WTO document IP/C/W/85/Add.1.TN/IP/W/4
Page 13WIPO Treaty on the International
Registration of Audiovisual Works
(Film Register Treaty)
(Operation suspended sine die )International Convention for the Use
of Appellations d'Origine and
Denominations of Cheeses (Stresa
Convention)9
Procedure followingapplicationIn the application, the applicant shall
indicate his interest in the work or works
in question, whether existing or future,
including in regard to the exploitation of
the work in different territories.  For a
work-related application, the applicantshall indicate whether the right is
originally vested in him or is derived
from another natural person or legal
entity.  Where the right is derived from
another person or legal entity, he shallindicate such person or entity and the
legal cause of the derivation.
After the processing of the application
by the International Registry, the
statement shall be registered in theInternational Register and published,
unless the application is rejected.Requests will be examined by a
Permanent Council, composed of one
representative of each contracting party.
The Council decides for inclusion within
a maximum period of six months from
the date of receipt of the request.Decisions on inclusions are taken by
vote, either by a simple majority
(Annex A) or by a ¾  majority
(Annex B) and are notified by the Italian
Government to all contracting parties.
Legal effect Each contracting party undertakes to
recognize that a statement recorded in
the International Register shall be
considered as true until the contrary isproved (except where the statement
cannot be valid under the relevant
intellectual property laws of that party or
where the statement is contradicted by
another statement recorded in theInternational Register).Contracting parties have a maximum
period of two years from the date of
inclusion to comply with additional
obligations resulting from inclusions.Disputes with respect to interpretation of
the convention or its application that
cannot be resolved through direct
negotiations are brought before the
Permanent Council.
Period ofvalidity/renewals[Not covered by the Treaty.] --TN/IP/W/4
Page 14WIPO Treaty on the International
Registration of Audiovisual Works
(Film Register Treaty)
(Operation suspended sine die )International Convention for the Use
of Appellations d'Origine and
Denominations of Cheeses (Stresa
Convention)9
Costs No information available.
Membership/use of the
system13 States are party to the Treaty.
Just under 400 statements were
registered in total.7 States are party to the Convention.
36 inclusions (four in Annex A and
32 in Annex B).10
                                                     
10 Information available to the Secretariat as on 2 July 1999 (see document IP/C/W/85/Add.1).TN/IP/W/4
Page 15
ANNEX 1
NOTIFICATION REQUIREMENTS UNDER WTO AGREEMENTS AND DECISIONS
The following text reproduces the main elements of the listing of notifications contained in
document COM.TD/W/515 of 21 November 1994.
Subject Notification requirement Type of measure
Agreement on Agriculture
Agriculture Agreement on Agriculture 5.7 Safeguard measures - agriculture
Agriculture Agreement on Agriculture 12.1(b) Export restrictions
Agriculture Agreement on Agriculture 18.2 –
AMSAggregate Measurement of
Support
Agriculture Agreement on Agriculture 18.2 -
export subsidies 9:1Export subsidies - agriculture
Agriculture Agreement on Agriculture 18.2 -
tariff quota importsMarket access - agriculture
Agriculture Agreement on Agriculture 16.2
- ad hoc
Decision on Measures Concerning
the Possible Negative Effects of the
Reform Programme onLeast-Developed and Net-Food
Importing Developing CountriesAny
Agriculture Agreement on Agriculture 18.2 -
safeguards (annual)Safeguard measures - agriculture
Agriculture Agreement on Agriculture 18.2 -
tariff quota administrationMarket access - agriculture
Agriculture Agreement on Agriculture 18.3 Domestic support measuresTN/IP/W/4
Page 16
Subject Notification requirement Type of measure
Agriculture ((Decision
on Measures
Concerning the
Possible Negative
Effects of the Reform
Programme onLeast-Developed and
Net-Food Importing
Developing
Countries)Agreement on Agriculture 16.2 -
annualFood aid
Agreement on Government Procurement
Government
procurementAgreement on Government
Procurement 1994 XIX:5Statistics
Government
procurementAgreement on Government
Procurement 1994 XXIV:5(b)Laws / regulations (changes
thereto or changes in theadministration thereof)
Government
procurementAgreement on Government
Procurement 1994 XXIV:6Modification of lists (rectifications
or modifications to lists of entitiesor services or of publications
(Appendices I - IV of the AGP
1994)
Agreement on Implementation of Article VI
Anti-dumping Agreement on Implementation of
Article VI of the GATT 1994 16.4 -ad hocAnti-dumping actions (preliminary
and final)
Anti-dumping Agreement on Implementation of
Article VI of the GATT 1994 16.4 -
semi-annualAnti-dumping actions (taken
within the preceding 6 months)
Anti-dumping Agreement on Implementation of
Article VI of the GATT 1994 16.5Investigations (authorities
competent to initiate and conduct
investigations referred to in AIAVI 16.5, and domestic procedures
governing the initiation and
conduct of such investigations)TN/IP/W/4
Page 17
Subject Notification requirement Type of measure
Anti-dumping Agreement on Implementation of
Article VI of the GATT 1994 18.5Laws / regulations (and changes
thereto, including changes in theadministration of such laws)
Agreement on Implementation of Article VII
Customs valuation Agreement on Implementation of
Article VII of GATT 1994,Annex III, paragraphs 3 and 4
[Protocol to the Agreement on
Implementation of Article VII of the
GATT, paragraphs 4 and 5]Reservations (in respect of certain
provisions of the CustomsValuation Agreement)
Customs valuation Agreement on Implementation of
Article VII of GATT 1994, Annex
III, paragraph 2 [Protocol to the
Agreement on Implementation of
Article VII of the GATT,
paragraph 3]Reservations;  minimum values
Customs valuation Agreement on Implementation of
Article VII of the GATT 1994 20.1Implementation /
non-implementation (deferredapplication of CV Agreement)
Customs valuation Agreement on Implementation of
Article VII of the GATT 1994 20.2Implementation /
non-implementation (deferred
application of  CV Agreement
1.2(b)(iii) and 6)
Customs valuation Agreement on Implementation of
Article VII of the GATT 1994 22.2Changes in its laws / regulations
Agreement on Import Licensing Procedures
Import licensing
proceduresAgreement on Import Licensing
Procedures 1.4(a)Laws / regulations (copies of
publications in which rules and
information relevant to the ILP
Agreement are published)
Import licensing
proceduresAgreement on Import Licensing
Procedures 2.2 (footnote 5)Implementation /
non-implementation (deferred
application of the provisions
Articles 2.2(a)(ii) and (iii) of the
ILP Agreement)TN/IP/W/4
Page 18
Subject Notification requirement Type of measure
Import licensing
proceduresAgreement on Import Licensing
Procedures 5.1Import licensing procedures (or
changes thereto)
Import licensing
proceduresAgreement on Import Licensing
Procedures 5.2Import licensing procedures
Import licensing
proceduresAgreement on Import Licensing
Procedures 5.3Import licensing procedures
(changes thereto)
Import licensing
proceduresAgreement on Import Licensing
Procedures 5.4Names of publications in which
rules and procedures relevant to
the ILP Agreement are published)
Import licensing
proceduresAgreement on Import Licensing
Procedures 5.5Non-notified import licensing
procedures or changes thereto(reverse notification)
Import licensingproceduresAgreement on Import Licensing
Procedures 7.3Replies to questionnaire on import
licensing procedures
Import licensing
proceduresAgreement on Import Licensing
Procedures 8.1Reservations (in respect of any
provision of the Agreement)
Import licensingproceduresAgreement on Import Licensing
Procedures 8.2(b)Changes in laws / regulations and
in the administration thereof
Agreement on Preshipment Inspection
Preshipment inspection Agreement on Preshipment
Inspection 5 - first timeLaws / regulations (including
those by which the Agreement isout into force)
Preshipment inspection Agreement on Preshipment
Inspection 5 - ad hocLaws / regulations (changes
thereto)
Agreement on Rules of Origin
Rules of origin Agreement on Rules of Origin 5.1 Laws / regulations (existing rules
of origin, judicial decisions and
administrative rulings of general
application relating to rules oforigin)TN/IP/W/4
Page 19
Subject Notification requirement Type of measure
Agreement on Safeguards
Safeguards Agreement on Safeguards 8.2 Implementation /
non-implementation (suspension
of concessions or other obligationsunder GATT 1994)
Safeguards Agreement on Safeguards 9.1,
footnote 2Implementation /
non-implementation
(non-application of safeguardmeasures against a product
originating in a developing
country Member for reasons
specified in AS 9.1)
Safeguards Agreement on Safeguards 11.2 -
first timeImplementation /
non-implementation (timetables
for the phasing out of measures
referred to in AS 11:1(b))
Safeguards Agreement on Safeguards 11.2 - 90
daysImplementation /
non-implementation (exceptions tothe general phase-out rule in  AS11:2)
Safeguards Agreement on Safeguards 12.1 -
decisionSafeguard measures (making a
finding of serious injury or threat
thereof, taking a decision to apply
or extend a safeguard measure.
AS 12.2 provides the required
content of the notification)
Safeguards Agreement on Safeguards 12.1 -
initiationSafeguard measures (initiating an
investigation,  AS 12.2 providesthe required content of the
notification)
Safeguards Agreement on Safeguards 12.4 Safeguard measures (provisional)
Safeguards Agreement on Safeguards 12.5 -
compensationImplementation /
non-implementation (any form ofcompensation referred to in AS
8.1)TN/IP/W/4
Page 20
Subject Notification requirement Type of measure
Safeguards Agreement on Safeguards 12.5 -
consultationsImplementation /
non-implementation (results of
consultations among Members on
the application or extension of
safeguard measures, including
provisional safeguard measures)
Safeguards Agreement on Safeguards 12.5 -
mid-term reviewImplementation /
non-implementation (results of
mid-term reviews referred to in
AS 7.4)
Safeguards Agreement on Safeguards 12.5 -
suspensionImplementation /
non-implementation (proposed
suspensions of concessions and
other obligations referred to in AS
8.2)
Safeguards Agreement on Safeguards 12.6 Administrative arrangements;
Laws / regulations (and changesthereto)
Safeguards Agreement on Safeguards 12.7 - AS
11.1 measuresAS 11.1 measures (described in
AS 11:1 which exist on the date of
entry into force of the WTOAgreement)
Safeguards Agreement on Safeguards 12.7 -
pre-existingPre-existing article XIX measures
(described in AS 10 which exist
on the date of entry into force ofthe WTO Agreement)
Safeguards Agreement on Safeguards 12.8 Administrative arrangements;
Laws / regulations (and
administrative procedures and any
measures covered by the AS that
have not been notified as required
by another Member)
Safeguards Agreement on Safeguards 12.9 Grey area measures
(non-governmental measures
referred to in AS 11.3)TN/IP/W/4
Page 21
Subject Notification requirement Type of measure
Agreement on Subsidies and Countervailing Measures
Countervailing
measuresAgreement on Subsidies and
Countervailing Measures 25.11 - ad
hocCountervailing duty actions
(preliminary and final)
Countervailing
measuresAgreement on Subsidies and
Countervailing Measures 25.11 -
semi-annualCountervailing duty actions (taken
within the preceding 6 months)
CountervailingmeasuresAgreement on Subsidies and
Countervailing Measures 25.12Investigations (authorities
competent to initiate and conduct
countervailing duty investigationsreferred to in ASCM 11, and
domestic procedures governing the
initiation and conduct of such
investigations)
Countervailing
measures; SubsidiesAgreement on Subsidies and
Countervailing Measures 32.6Laws / regulations (and changes
thereto, including changes in theadministration of such laws)
Subsidies Agreement on Subsidies and
Countervailing Measures 8.3 - ad
hocSubsidies (any subsidy
programme for which the
provisions of ASCM 8.2 areinvoked)
Subsidies Agreement on Subsidies and
Countervailing Measures 8.3 -annualSubsidies (any subsidy
programme for which theprovisions of ASCM 8.2 are
invoked)
Subsidies Agreement on Subsidies and
Countervailing Measures 25.1 -annual GATT 1994 XVI:1 - annualSubsidies (any subsidy as defined
in ASCM 1:1 which is specific
within the meaning of ASCM 2)
Subsidies Agreement on Subsidies and
Countervailing Measures 25.1 -
triennial GATT 1994 XVI:1 -
triennialSubsidies (any subsidy as defined
in ASCM 1.1 which is specific
within the meaning of ASCM 2)TN/IP/W/4
Page 22
Subject Notification requirement Type of measure
Subsidies Agreement on Subsidies and
Countervailing Measures 25.10Subsidies (measures having the
effect of a subsidy that have not
been notified as required by
another Member under ASCM
25.1 and GATT 1994 XVI:1)
Subsidies Agreement on Subsidies and
Countervailing Measures 27.11Subsidies (elimination of export
subsidies)
Subsidies Agreement on Subsidies and
Countervailing Measures 27.13Debt relief (direct forgiveness of
debt); Subsidies (to cover social
costs, in whatever form, including
relinquishment of government
revenue and other transfer ofliabilities when such subsidies are
granted within and directly linked
to a privatization programme of a
developing country Member)
Subsidies Agreement on Subsidies and
Countervailing Measures 28.1Subsidies (subsidy programmes
which are inconsistent with the
provisions of the ASCM)
Subsidies Agreement on Subsidies and
Countervailing Measures 29.3Subsidies (subsidy programmes
falling within the scope ofASCM 3)
Agreement on Technical Barriers to Trade
Technical barriersto tradeAgreement on Technical Barriers to
Trade 2.9Technical regulations
Technical barriers
to tradeAgreement on Technical Barriers to
Trade 2.10Technical regulations (urgent)
Technical barriers
to tradeAgreement on Technical Barriers to
Trade 3.2Technical regulations (local
government)
Technical barriersto tradeAgreement on Technical Barriers to
Trade 5.6Conformity assessment
procedures
Technical barriers
to tradeAgreement on Technical Barriers to
Trade 5.7Conformity assessment
procedures (urgent)TN/IP/W/4
Page 23
Subject Notification requirement Type of measure
Technical barriers
to tradeAgreement on Technical Barriers to
Trade 7.2Conformity assessment
procedures (local government)
Technical barriers
to tradeAgreement on Technical Barriers to
Trade 10.7Bilateral agreements; Conformity
assessment procedures;
Standards; Technical regulations
Technical barriers
to tradeAgreement on Technical Barriers to
Trade 15.2Administrative arrangements;
Laws / regulations (measures inexistence or taken to ensure the
implementation and
administration of ATBT)
Technical barriersto tradeAgreement on Technical Barriers to
Trade Annex 3CAcceptance of/withdrawal from a
code (Code of Good Practice for
the Preparation, Adoption and
Application of Standards)
Technical barriers
to tradeAgreement on Technical Barriers to
Trade Annex 3JWork programmes (on
standardization activities)
Agreement on Textiles and Clothing
Textiles / Clothing Agreement on Textiles and Clothing
2:1Quantitative restrictions (all within
bilateral agreements under MFA 4or notified under MFA 7 and 8, in
force on 31 December 1994)
Textiles / Clothing Agreement on Textiles and Clothing
2:2Quantitative restrictions
(comments on ATC 2:1notifications)
Textiles / Clothing Agreement on Textiles and Clothing
2:3Administrative arrangements
Textiles / Clothing Agreement on Textiles and Clothing
2:7Integration programmes (first
stage)
Textiles / Clothing Agreement on Textiles and Clothing
2:10Integration programmes
(integration earlier than provided
for in ATC 2:6 and 2:8)
Textiles / Clothing Agreement on Textiles and Clothing
2:11Integration programmes (for next
stage)TN/IP/W/4
Page 24
Subject Notification requirement Type of measure
Textiles / Clothing Agreement on Textiles and Clothing
2:15Quantitative restrictions (early
elimination of restrictions)
Textiles / Clothing Agreement on Textiles and Clothing
2:17Administrative arrangements
Textiles / Clothing Agreement on Textiles and Clothing
2:18Market access (improvement in
access for certain countries)
Textiles / Clothing Agreement on Textiles and Clothing
3:1Quantitative restrictions (whether
consistent or not with GATT,
other than MFA restrictions)
Textiles / Clothing Agreement on Textiles and Clothing
3:2(a)Quantitative restrictions (notified
under ATC 3:1 and conforming
with GATT 1994)
Textiles / Clothing Agreement on Textiles and Clothing
3:2(b)Quantitative restrictions
(programme of phase-out
restrictions notified under ATC
3:1)
Textiles / Clothing Agreement on Textiles and Clothing
3:4Quantitative restrictions (falling
under ATC 3 : reverse
notifications)
Textiles / Clothing Agreement on Textiles and Clothing
4:4Quantitative restrictions (changes
in the implementation or
administration of restrictionsnotified)
Textiles / Clothing Agreement on Textiles and Clothing
5:2Circumvention (dispute with
respect to circumvention)
Textiles / Clothing Agreement on Textiles and Clothing
5:4Circumvention (actions taken in
case of circumvention)
Textiles / Clothing Agreement on Textiles and Clothing
5:5Circumvention (dispute with
respect to circumvention)
Textiles / Clothing Agreement on Textiles and Clothing
6:1Safeguard measures - ATC
(whether or not the notifyingmember wishes to retain the rightto use the provisions of ATC 6)TN/IP/W/4
Page 25
Subject Notification requirement Type of measure
Textiles / Clothing Agreement on Textiles and Clothing
6:7Safeguard measures - ATC
(request for consultation on
safeguard or any action taken or
agreed under the provisions of
ATC 6)
Textiles / Clothing Agreement on Textiles and Clothing
6:9Safeguard measures - ATC
(details of agreed solution
resulting from an  ATC 6 action)
Textiles / Clothing Agreement on Textiles and Clothing
6:10Safeguard measures - ATC (any
action taken under the provisions
of ATC 6)
Textiles / Clothing Agreement on Textiles and Clothing
6:11Safeguard measures - ATC
(provisional action taken or agreedunder the provisions of ATC 6)
Textiles / Clothing Agreement on Textiles and Clothing
7:2Implementation /
non-implementation (actions
necessary to abide by GATT rulestaken under ATC 7:1 which have a
bearing on the implementation of
the ATC)
Textiles / Clothing Agreement on Textiles and Clothing
7:3Implementation /
non-implementation (no action
taken under ATC 7:1 which upsets
the balance of rights and
obligations under the ATC)
Textiles / Clothing Agreement on Textiles and Clothing
8:6Complaints (any particular matter
that is detrimental to the interests
of a WTO Member under the
ATC, following consultations)
Textiles / Clothing Agreement on Textiles and Clothing
8:10Implementation /
non-implementation (Member
unable to conform to a TMB
recommendation)
Textiles / Clothing Agreement on Textiles and Clothing
8:10 - unresolvedImplementation /
non-implementation (Memberunable to accept a further TMB
recommendation - the matter
remains unresolved)TN/IP/W/4
Page 26
Subject Notification requirement Type of measure
Agreement on the Application of Sa nitary and Phytosanitary Measures
Agriculture; Sanitary /
phytosanitary measuresAgreement on the Application of
Sanitary and Phytosanitary
Measures 7Sanitary / phytosanitary
regulations
Agreement on Trade in Civil Aircraft
Trade in civil aircraft Agreement on Trade in Civil
Aircraft 1.2National entities operating military
aircraft
Trade in civil aircraft Agreement on Trade in Civil
Aircraft 2.2Administrative arrangements
(end-use systems of customs
administration)
Trade in civil aircraft Agreement on Trade in Civil
Aircraft 8.6Subsidies (investigation)
Trade in civil aircraft Agreement on Trade in Civil
Aircraft 9.4.2Laws / regulations (changes
thereto and changes in theadministration thereof)
Agreement on Trade-Related Aspects of Intellectual Property Rights
Intellectual property Agreement on Trade-Related
Aspects of Intellectual Property
Rights 1.3 - broadcastingorganizationsEligibility criteria (limitation of
broadcasting organizations eligible
for protection under the
Agreement to those having their
headquarters in a Member of the
WTO and transmitting a broadcast
from the same Member [inaccordance with the provisions
under Article 6, paragraph 2 of the
International Convention for the
Protection of Performers,
Producers of Phonograms andBroadcasting Organizations [the
Rome Convention])TN/IP/W/4
Page 27
Subject Notification requirement Type of measure
Intellectual property Agreement on Trade-Related
Aspects of Intellectual Property
Rights 1.3 - producers of
phonogramsEligibility criteria (exclusion of
either the criterion of fixation or
the criterion of publication from
the eligibility criteria for the
protection of producers of
phonograms under the TRIPSAgreement [in accordance with
the provisions of Article 5,
paragraph 3 of the International
Convention for the Protection of
Performers, Producers ofPhonograms and Broadcasting
Organizations [the Rome
Convention])
Intellectual property Agreement on Trade-Related
Aspects of Intellectual Property
Rights 2.1 (Article 6ter, paragraph 3
of the Paris Convention for the
Protection of Industrial Property
(Stockholm Act of 1967)Protection against registration or
use as a trademark (of State
emblems, and official signs and
hallmarks indicating control and
warranty, or armorial bearings,
flags, other emblems,
abbreviations, and names of
intergovernmental organizations)
Intellectual property Agreement on Trade-Related
Aspects of Intellectual PropertyRights 3.1 – broadcasting rightsLimitation of rights (in the
Member of the WTO in question,
excluding from the rights to be
provided under Article 14.3 of the
TRIPS Agreement the right as
stipulated in Article 13(d) of theInternational Convention for the
Protection of Performers,
Producers of Phonograms and
Broadcasting Organizations [the
Rome Convention], as a result ofwhich eligibility for national
treatment in respect of this right
may be limited in other WTO
Members)TN/IP/W/4
Page 28
Subject Notification requirement Type of measure
Intellectual property Agreement on Trade-Related
Aspects of Intellectual PropertyRights 3.1 – copyrighted worksEligibility criteria (limitation of
the eligibility for national
treatment in respect of copyrighted
works first published in the
Member of the WTO in question,
or in another Member of theWTO, whose authors are not
nationals of a Member of the
WTO nor habitually resident
therein [in accordance with the
provisions of Article 6, paragraph3 of the Berne Convention for the
Protection of Literary and Artistic
Works - Paris Act, 1971])
Intellectual property Agreement on Trade-Related
Aspects of Intellectual PropertyRights 4(d)International agreements (related
to intellectual property which
entered into force prior to the date
of entry into force of the WTO
Agreement, from which a Member
derives an exception to the
obligation under the provision in
question to provide MFNtreatment to the nationals of other
Members of the WTO)
Intellectual property Agreement on Trade-Related
Aspects of Intellectual Property
Rights 63.2 (this requirement may
be waived upon the establishment ofa common register with WIPO for
laws and regulations in the field of
intellectual property)Laws / regulations (pertaining to
the availability, scope, acquisition,
enforcement and prevention of the
abuse of intellectual propertyrights)
Intellectual property Agreement on Trade-Related
Aspects of Intellectual PropertyRights 69Contact points (in Members'
administrations for, among other
things, exchanging information on
trade in goods infringingintellectual property rights)TN/IP/W/4
Page 29
Subject Notification requirement Type of measure
Agreement on Trade-Related Investment Measures
Investment measures
(TRIMs)Agreement on Trade-Related
Investment Measures 5.1Investment measures (related to
trade in goods ['TRIMs']
introduced 180 days or morebefore the date of entry into force
of the WTO Agreement and
inconsistent with the provisions of
Article III or Article XI of GATT
1994)
Investment measures
(TRIMs)Agreement on Trade-Related
Investment Measures 5.5Investment measures (related to
trade in goods ['TRIMs'] with
respect to new investments, which
are inconsistent with theprovisions of Article III or Article
XI of GATT 1994 but which are
already maintained with respect to
established enterprises)
Investment measures
(TRIMs)Agreement on Trade-Related
Investment Measures 6.2Publications (in which investment
measures related to goods['TRIMs'] may be found)
Decisions
GovernmentprocurementDecision of the Committee on
Government ProcurementProcurement thresholds
(equivalent in national currency of
the thresholds laid down in the
Annexes of AGP 1994 AppendixI)
Import restrictions Deci sion on Examination of
Protective Measures Affecting
Imports from Developing CountriesAny (protective measures
affecting imports from LDCs)
QuantitativerestrictionsDecisions of the CONTRACTING
PARTIES (BISD 31S/12, BISD
31S/222, BISD 32S/12, BISD
32S/93) - biennialQuantitative restrictions (complete
notification)TN/IP/W/4
Page 30
Subject Notification requirement Type of measure
Quantitative
restrictionsDecisions of the CONTRACTING
PARTIES (BISD 31S/12, BISD
31S/222, BISD 32S/12, BISD
32S/93) - ad hocQuantitative restrictions (changes
thereto)
Trade and development
(Part IV of GATT
1994: implementation)Decision on GATT Rules and
Activities Relating to DevelopingCountriesAny
Enabling clause
Trade preferences
(arrangements)Enabling clause - integration Preferential arrangements among
developing countries
Trade preferences
(treatment)Enabling clause - gsp GSP schemes
Trade preferences
(treatment)Enabling clause - lldcs Special treatment for
least-developed countries
Trade preferences
(treatment)Enabling clause - ntms Non-tariff measures (favourable
treatment with respect to non-tariffmeasures governed by GATT
Codes)
GATS
Balance of payments
measuresGATS XII:4 Balance of payment restrictions
(any restrictions on trade in
services on which specificcommitments have been taken)
Trade in services GATS Annex on Article II
exemptions:7Article II exemptions (termination
of exemptions granted under the
Annex)
Trade in services GATS III:3 Laws / regulations (transparency;
new or changes to existing laws,
regulations or administrativeguidelines which significantly
affect trade in services)TN/IP/W/4
Page 31
Subject Notification requirement Type of measure
Trade in services GATS V:7 Economic integration agreements
(any enlargement or significant
modification)
Trade in services GATS V bis(b) Labour markets integration
agreements
Trade in services GATS VII:4 Recognition agreements /
arrangements ; autonomousrecognition measures (agreements,
arrangements or autonomous
measures recognizing education,
experience, licences or
certification granted in a particularcountry)
Trade in services GATS VIII:4 Monopolies / Exclusive service
suppliers (introduction ofmonopolies for the supply of a
service covered by specific
commitments)
Trade in services GATS VIII:5 Monopolies / Exclusive service
suppliers (introduction of
monopolies for the supply of aservice covered by specific
commitments)
Trade in services GATS XIV:2 Security exceptions (measures that
are necessary for the protection of
essential security interests or taken
in pursuance of obligations under
the United Nations Charter)
Trade in services GATS XXI:1(b) Modification of schedules
(modification or withdrawal ofspecific commitments)
GATT 1994
Infant industryprotection (developing
countries)GATT 1994 XVIII:C (paragraph
14)Non-tariff measuresTN/IP/W/4
Page 32
Subject Notification requirement Type of measure
Infant industry
protection (developing
countries);  TariffsGATT 1994 XVIII:A
(paragraph 7a)Modification of schedules
(modification of a concession -LDCs)
Regional arrangements GATT 1994 XXIV:7(a) - customs
unionsCustoms unions
Regional arrangements GATT 1994 XXIV:7(a) - free trade
areasFree trade areas
Regional arrangements GATT 1994 XXIV:7(a) - interim
agreement (customs unions)Interim agreements leading to
customs unions
Regional arrangements GATT 1994 XXIV:7(a) - interim
agreement (free trade areas)Interim agreements leading to free
trade areas
State trading GATT 1994 XVII:4(a) - annual State trading activities (changes)
State trading GATT 1994 XVII:4(a) - triennial State trading activities (complete
notification)
Tariffs GATT 1994 II:6(a) Modification of schedules
(adjustment of a concession -
specific duties)
Tariffs GATT 1994 XXVIII:1 Modification of schedules
(modification or withdrawal of a
concession)
Tariffs GATT 1994 XXVIII:3 Modification of schedules
(modification or withdrawal of a
concession)
Tariffs GATT 1994 XXVIII:4 Modification of schedules
(modification or withdrawal of aconcession - request for
authorization)
Tariffs GATT 1994 XXVIII:5 Modification of schedules (reserve
the right to modify schedules for a
3 year period)
Tariffs - waivers GATT 1994 XXV:5 AnyTN/IP/W/4
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Subject Notification requirement Type of measure
International Bovine Meat Agreement
Agriculture; Trade in
bovine meatInternational Bovine Meat
Agreement III:1 - market dataAny (meat market data)
Agriculture; Trade in
dairy productsInternational Bovine Meat
Agreement III:1 - policiesDomestic policies; Domestic
support measures
International Dairy Arrangement
Agriculture; Trade in
dairy productsInternational Dairy Arrangement
III:1- market dataAny (dairy market data)
Agriculture; Trade in
dairy productsInternational Dairy Arrangement
III:3 - market dataAny (dairy market data)
Agriculture; Trade in
dairy productsInternational Dairy Arrangement
III:3 - policiesDomestic policies; Domestic
support measures
Procedures adopted by the CONTRACTING PARTIES
[Procedures adopted by theCONTRACTING PARTIES in
1972 (SR 28/6 AND L/3756,
para.76) and by the Council in 1980
(C/M/139, page 12)]
Non-tariff measures
(industrial products) -
reverse notificationProcedures adopted by the
CONTRACTING PARTIES (BISD
27S/18, BISD 32S/12, BISD
32S/93)Non-tariff measuresTN/IP/W/4
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Subject Notification requirement Type of measure
Trade Policy Review Mechanism
Trade policy Trade Policy Review Mechanism -
ad hocAny (between reviews, Members
shall provide brief reports when
there are significant changes intheir trade policies. Information
contained in reports should to the
greatest extent possible be
coordinated with notifications
made under provisions of theMultilateral, and where applicable,
Plurilateral Trade Agreements)
Trade policy Trade Policy Review Mechanism –
annualStatistics (annual update of
statistical information according tothe agreed format. Information
contained in reports should to the
greatest extent possible be
coordinated with notifications
made under provisions of the
Multilateral, and where applicable,
Plurilateral Trade Agreements)
Understandings
Balance of paymentsmeasuresUnderstanding on
Balance-of-Payments Provisions of
the GATT 1994 - ad hocBalance of payment restrictions
(introduction of or any changes in
the application of restrictive
import measures taken for
balance-of-payments purposes, aswell as any modifications in
time-schedules for the removal of
such measures as announced under
paragraph 1)
Balance of payments
measuresUnderstanding on
Balance-of-Payments Provisions of
the GATT 1994 - annualBalance of payment restrictions;
Laws / regulations (consolidated
notification, including all changes
in laws, regulations, policy
statements or public notices, forexamination by Members)
Regional arrangements Understanding on the Interpretation
of Article XXIV of GATT 1994, 9Interim agreements (changes in
plan and schedule)TN/IP/W/4
Page 35
Subject Notification requirement Type of measure
Regional arrangements Understanding on the Interpretation
of Article XXIV of GATT 1994, 11Customs unions (operation of
customs unions and regional
arrangements)
State trading Understanding on the Interpretation
of Article XVII of GATT 1994State trading activities (not
notified as required by anotherMember)
Tariffs Understanding on the Interpretation
of Article II:1(b) of GATT 1994Modification of schedules; other
duties and charges (correction of
other duties and charges recordedin the schedule of concessions)TN/IP/W/4
Page 36
ANNEX 2
NOTIFICATION PROCEDURES UNDER THE TRIPS AGREEMENT
Provisions of the TRIPS Agreement laying down notification requirements:
(a) Article 63.2
Notification of laws and regulations.
(b) Articles 1.3 and 3.1
Notification of certain options in regard to :- the definition of beneficiary persons (Art. 1.3);- national treatment (Art. 3.1).
(c) Article 4(d)
Notification of international agreements to justify certain MFN exemptions.
(d) Article 69
Notification of contact points.
(e) Other notification requirements
(i) Pursuant to the obligations under Article 2 of the TRIPS Agreement stemming
from the provisions of Article 6ter of the Paris Convention for the Protection
of Industrial Property , Stockholm Act (1967)  ("Paris Convention") ;
(ii) Pursuant to the obligations under notifi cation provisions of intellectual property
conventions incorporated by reference into the TRIPS Agreement but not
explicitly referred to in it, notably those stemming from the Berne Convention
for the Protection of Literary and Artistic Works ( "Berne Convention" ) or the
International Convention for the Pr otection of Performers, Producers of
Phonograms and Broadcasting Organizations ( "Rome Convention" ):
- Article 14bis(2)(c) of the Berne Convention
- Article 14bis(3) of the Berne Convention
- Article 15(4) of the Berne Convention
- Article I of the Appendix to the Berne Convention
- Article II(3)(b) of the Appendix to the Berne Convention
- Article IV(2) of the Appendix to the Berne Convention
- Article IV(4)(c)(iv) of the Appendix to the Berne Convention
- Article V of the Appendix to the Berne Convention
- Article 17 of the Rome Convention
- Article 18 of the Rome ConventionTN/IP/W/4
Page 37
(iii) As agreed by the TRIPS Council in relation to Article 67  of the Agreement on
technical cooperation.
ARTICLE 63.2
1. The TRIPS Council has adopted procedures for the notification of laws and regulations
pertaining to the subject-matter of the TRIPS Agreement under Article 63.2 (documents IP/C/2, 3, 4and 5).  The basic procedures are contained in document IP/C/2.  The Agreement Between WIPO and
the WTO is also relevant with regard to these procedures.
2. Article 63.2 of the TRIPS Agreement in conjunction with Article 63.1 lays down that
"Members shall notify the laws and regulations made effective pertaining to the subject matter of the
Agreement (the availability, scope, acquisition, enforcement and prevention of the abuse of
intellectual property rights)"
11.
3. According to the procedures referred to in paragraph 1 above, notifications of laws and
regulations need to comprise the following elements:
- the texts of all relevant laws and regulations in their original language;
- translations into one WTO language of main dedicated laws and regulations, if the
original language is not a WTO language;
- a listing of "other laws and regulations" in accordance with a specific format;
- responses to a checklist  of questions on law and practice in the area of enforcement, in
addition to the notification of the texts of enforcement laws and regulations12.
ARTICLES 1.3 and 3.1
4. Article 1.3 of the Agreement defines the persons that must be eligible for the protection to be
made available by Members under the Agreement.  The Article does so by referring to the criteria for
eligibility as laid down in the Paris Convention, the Berne Convention, the Rome Convention and the
Washington Treaty for the relevant areas of intellectual property.  Thus, the same criteria have to be
applied among WTO Members as well, whether or not they are member States to any of theConventions or Treaty themselves.  Certain of the exceptions allowed under these criteria, notably
those of the Berne Convention or the Rome Conv ention, are allowed on condition that they are
notified to the TRIPS Council, whether or not they have been notified to the Secretary General of the
United Nations under the Berne Convention or the Rome Convention themselves.
5. Article 3.1 of the Agreement requires national treatment to be given to persons eligible for
protection under Article 1.3, subject to the exceptions allowed under the Conventions and Treatymentioned above.  Equally as under Article 1.3, certain of these exceptions under Article 3.1 are
allowed on condition that they are notified to the TRIPS Council.
6. For further details concerning these notification requirements, reference is made to the
background note prepared by the Secretariat circulated in document IP/C/W/5.
                                                     
11 These notifications are being distributed in the IP/N/1/- series of documents.  Texts of main
dedicated intellectual property laws and regulations are be ing distributed in special law series of documents (see
document IP/C/W/20).
12 Responses to this Checklist are being distributed in the IP/N/6/- series of documents.TN/IP/W/4
Page 38
7. Under the MFN provisions of Article 4 of the Agreement, each Member has to ensure that
any advantage, favour, privilege or immunity that is  available in its territory to certain foreign right
holders is accorded to persons eligible under Article 1.3 for protection under the Agreement.
8. Article 4 specifies the exemptions to such MF N treatment allowed by the Agreement.  One of
these exceptions, that in sub-paragraph (d), requires a notification, namely where the advantage inquestion derives from an international agreement related to the protection of intellectual property
which entered into force prior to the entry into fo rce of the WTO Agreement.  The conditions for such
exemptions are that the agreement in question is notified to the TRIPS Council and does not constitute
an arbitrary or unjustifiable discrimination against persons eligible under Article 1.3 from other WTO
Members.
13
ARTICLE 69
9. Article 69 of the Agreement requires Members to establish and notify contact points in their
administrations for the purposes of cooperation with each other aimed at the elimination of trade in
infringing goods.
ARTICLE 6 ter OF THE PARIS CONVENTION
10. Article 6 ter of the Paris Convention concerns the protection of state emblems, official
hallmarks, and names, abbreviations and emblems of intergovernmental organizations against the
registration or use as trademarks.  Article 6 ter applies in the TRIPS context by virtue of Article 2.1 of
the TRIPS Agreement and lays down notification procedures for the communication by Members
(and intergovernmental organizations) to other Members of such emblems that they do not wish to be
capable of constituting valid trademarks and for the transmittal of objections to the protection claimed
for an emblem.
11. The application of the provisions of Article 6 ter for the purposes of the TRIPS Agreement is
addressed in the Agreement Between WIPO and th e WTO and in the Decision of the TRIPS Council
of 11 December 1995 (document IP/C/7).  Accordingly, communications under Article 6 ter for the
purposes of the TRIPS Agreement should be communicated through the intermediary of the
International Bureau of WIPO.
12. As regards the practical effects for WTO Members, the following points should be noted:
- In respect of WTO Members that are also Member States of the Paris
Convention (1967), all notifications made under Article 6 ter of the Paris Convention
itself will automatically apply under the TRIPS Agreement, whether they were made in
the past or will be made in the future.  This applies both to the communication ofemblems and of objections to the protection claimed for an emblem.
- The same will apply in respect of WTO Members that are Member States of the Paris
Convention but not of the 1967 version of that Convention, except if they are not
obliged under the earlier version of the Paris Convention to protect emblems ofintergovernmental organizations.  In regard  to these emblems, the procedures outlined
below in respect of WTO Members that are not Member States of any version of the
Paris Convention will apply.
                                                     
13 These notifications are being distributed in the IP/N/4/- series of documents.TN/IP/W/4
Page 39
- The International Bureau of WIPO has communicated, in January 1996, all emblems
communicated before January 1996 under Article 6 ter of the Paris Convention to those
WTO Members which are not Member States  of the Paris Convention.  After January
1996, a new WTO Member that is not a Memb er State of the Paris Convention is to
receive a set of emblems as communicated to the International Bureau under the
provisions of Article 6 ter before the date that the WTO Agreement enters into force for
the new Member in question.
- WTO Members that are not Member States  of the Paris Convention are entitled to
communicate emblems and to transmit objections through the International Bureau of
WIPO in accordance with the procedures as administered by the International Bureau in
the context of the Paris Convention (1967).
- WTO Members that are not Member States of the Paris Convention can, thus, transmit
objections under Article 6 ter(4)
(i) within a time-limit of 12 months fro m receipt of the communication;  or
(ii) if they still benefit from a transitional period under Article 65 or 66 of the
Agreement, within 12 months from the date on which their TRIPS obligations
in respect of Article 6 ter start applying.
If such a WTO Member becomes a Member State of the Paris Convention before the
date referred to under (ii), the time-limit fo r the transmittal of objections will be 12
months from the date of becoming Member of the Paris Convention.
OTHER NOTIFICATION REQUIREMENTS UNDER THE BERNE CONVENTION OR THE
ROME CONVENTION INCORPORATED BY REFERENCE INTO THE TRIPSAGREEMENT
13. Articles 14 bis(2)(c) and 14 bis(3) of the Berne Convention:  Article 14 bis(2)(b) of the Berne
Convention as incorporated into the TRIPS Agreement applies to a WTO Member which in its
legislation includes among the owners of copyright in a cinematographic work authors who have
brought contributions to the making of the work.  In  such a Member it must be presumed that these
authors have consented, in the absence of any contract to the contrary, to certain ways in which the
film may be exploited.  If such Member's legislation requires that the consent of the authors must have
been in writing, Article 14 bis(2)(c) requires that Member to inform other Members of this
requirement by means of a notification.  Article 14 bis(3) requires that a Member the law of which
does not make the presumption binding on the principal director of the film must similarly make anotification.  The purpose of these notification requirements is to allow those concerned to know the
Members the legislation of which applies the presumption in such a restricted way and to make their
arrangements accordingly.
14. Article 15(4) of the Berne Convention:  Article 15(4) of the Berne Convention as
incorporated into the TRIPS Agreement is mainly directed at the protection of folklore.  It deals with
unpublished works where the identity of the author is unknown, but where there is every ground to
presume that he or she is a national of a given WTO Member.  In such a situation the Member
concerned may designate a competent authority to protect the interests of the author.  Other Members
should be informed about this authority by means of a notification giving full information.
15. Appendix to the Berne Convention:  Article 9.1 of the TRIPS Agreement requires Members
to comply with the Appendix to the Berne Convention (1971), which contains special provisions forTN/IP/W/4
Page 40
developing countries.  The Appendix contains  a number of notification procedures which are
discussed below.
(a) Article I of the Appendix:   Paragraph 1 requires a developing country Member wishing
to avail itself of the possibilities provided in  the Appendix to declare that it will avail
itself of the faculty provided in Article II and/or Article III of the Appendix(compulsory licenses for, respectively, translations and reproductions) by means of a
notification.   According to paragraph 2 such  declarations can be made for renewable
periods of ten years. Such declaration ma y be renewed by means of a notification.
Paragraph 5 deals with the possibility for a country to make notifications in respect of
territories for which it has international responsibility.
(b) Article II(3)(b) of the Appendix:  This provision deals with the situation where a
developing country Member secures the agr eement of all developed Members, in which
the same language is in general  use as in that developing country Member, to provide
for a shorter period than the usual three y ears after publication for the application of
compulsory licences to substitute for the ex clusive right of translation.  The provision
requires that any such agreement shall be notified.
(c) Article IV(2) of the Appendix :  This provision deals with the situation where an
applicant for a compulsory licence of the type s provided for in Articles II and III cannot
find the owner of the right in question.  In such a situation, he or she must send a copy
of the application to any national or international information centre which may havebeen designated by the Member in which the publisher of the work concerned is
believed to have his principal place of business.  The paragraph provides that such
information centres must have been designated in a notification by the Member
concerned.
(d) Article IV(4)(c)(iv) of the Appendix:  This provision allows developing country
Members to export copies of translations made under compulsory licence, provided that
a number of conditions are met:  the language  of the translation must not be English,
French or Spanish;  the recipients are individuals who are nationals of the Member
whose competent authority has granted th e license, or organizations grouping such
individuals; the copies must be sent for t eaching, scholarship or research purposes;
there must be no commercial purpose;  and there must be an agreement between the
Member granting the licence and that to which the copies are sent.  The provision
requires that such an agreement shall be notified by the Member in which the license
has been granted.
(e) Article V of the Appendix:  This Articl e provides that a developing country Member
may choose, by way of a declaration made at the time of ratification or accession, the
"ten-year régime" which appeared in the 1896 Act of the Berne Convention for
translations instead of the compulsory licensing  system provided for in Article II of the
Appendix.
16. Article 17 of the Rome Convention:  Article 14.6 of the TRIPS Agreement allows a WTO
Member to avail itself of exceptions permitted under the Rome Convention.  Article 17 of the Rome
Convention allows a state which, on 26 October 1961 granted protection to producers of phonograms
solely on the basis of the criterion of fixation to continue to do so, provided it makes a notification to
this effect at the time of ratification, acceptance or accession.TN/IP/W/4
Page 41
17. Article 18 of the Rome Convention:  Articles 1.3, 3.1 and 14.6 of the TRIPS Agreement relate
to certain exceptions under the Rome Convention the invocation of which require notification.
Article 18 of the Rome Convention provides that any state which has invoked such an exception by
means of notifications under Articles 5(3), 6(2), 16(1) or 17 of the Rome Convention may, by a
further notification, reduce the scope of or withdraw the notification in question.
Notifications under these provisions are only required if a Member wishes to take advantage of the
provisions in question.
Articles 14 bis(2)(c) and 14 bis(3):  WTO Members to which these notification requirements
apply should make necessary notifications as of the relevant date referred to in paragraph 3
above.  If a Member subsequently changes its legislation in a way that would require
notification under these provisions, it should notify as of the time of the change.
Article 15(4) of the Berne Convention:  The pur pose of Article 15(4) of the Berne Convention is
to facilitate benefitting from the protection ava ilable in other WTO Members.  Therefore, it
would be in the interest of a Member wishing to  avail itself of the possibility stemming from the
incorporation of the provisions  of Article 15(4) of the Berne Convention  into the TRIPS
Agreement in relation to other WTO Members to notify the authority designated without delay,
while being free to do so at any time.
The Appendix to the Berne Convention:  Notifi cation under Article I(1) of the Appendix may
be deposited at the time of depositing the instrument of ratification or accession, or any time
thereafter.
As far as the calculation of renewable periods of  ten years is concerned (Article I(2) of the
Appendix), this is a question that  the Council would need to look  into if any Member were to
invoke any of the provisions of the Appendi x as incorporated into the TRIPS Agreement.
Other notifications stemming from the incorporati on of the provisions of the Appendix into the
TRIPS Agreement can be made at any time.  The only exception in this regard is Article V(1) as
incorporated into the TRIPS Agreement which requires that the choice provided in that
paragraph has to be made at the time of ratification or accession.
Articles 17 and 18 of the Rome Convention:  A notification under Article 17 of the Rome
Convention has to be made at the time of ratification, acceptance or accession.  A further
notification under Article 18 of the Rome Convention as incorporated into the TRIPS
Agreement can be made at any time.
18. At its meeting of 22 February 1996, the TRIPS Council invited each Member wishing to
make notifications under any of these provisions to  make them to the TRIPS Council, even if the
Member in question had already made a notification under the Berne Convention or the Rome
Convention in regard to the same issue.14
NOTIFICATION REQUIREMENT FOR DEVELOPED COUNTRY MEMBERS ASAGREED BY THE TRIPS COUNCIL IN THE CONTEXT OF ARTICLE 67
19. At its meeting of 22 to 25 July 1996, the Council for TRIPS agreed that each developed
country Member should notify a contact point for technical cooperation on TRIPS, in particular for
the exchange of information between donors and recipients of technical assistance.
                                                     
14 These notifications are being distributed in the IP/N/5/- series of documents.TN/IP/W/4
Page 42
20. Developed country Members have been requested to notify their contact point(s) by
1 September 1996 (see WTO/AIR/388).15
21. Developed country Members have been requested to notify, in particular, the following
information concerning their contact point(s):
(i) the name of the authority in question;
(ii) its address;(iii) its telephone and telefax numbers and, where appropriate, E-mail reference;  and(iv) where appropriate, to identify at each contact point a contact official.
                                                     
15 These notifications are being distributed in the IP/N/7 series of documents.TN/IP/W/4
Page 43
ANNEX 3
NOTIFICATION AND COMMUNICATION REQUIREMENTS UNDER
TREATIES ADMINISTERED BY WIPO
Information supplied by the International Bureau of WIPO
− Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), Paris
Act, 1971
− International Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organisations (Rome Convention)
− WIPO Copyright Treaty (WCT)
− WIPO Performances and Phonograms Treaty (WPPT)
− Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of
their Phonograms (Geneva Convention)
− Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellites
(Brussels Convention)
− Paris Convention for the Protection of Industrial Property, Stockholm Act, 1967
− Notifications/communications other than those under Article 6 ter
− Article 6 ter of the Paris Convention for the Protection of Industrial Property – Marks:
Prohibitions concerning State Emblems,  Official Hallmarks, and Emblems of
Intergovernmental OrganizationsTN/IP/W/4
Page 44
I. BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC
WORKS (BERNE CONVENTION) PARIS ACT, 1971
Article 6(3):  Possible Restriction of Protection in  Respect of Certain Works of Nationals of Certain
Countries Outside the Union
Where any country outside the Berne Union fails to protect in an adequate manner the works
of authors who are nationals of one of the countries of the Union, the latter country may restrict the
protection given to the works of authors who are, at the date of the first publication thereof, nationals
of the other country and are not habitually resident in one of the countries of the Union.  If the country
of first publication avails itself of this right, the other countries of the Union shall not be required togrant to works thus subjected to sp ecial treatment a wider protection than that granted to them in the
country of first publication.  The countries of the Union which restrict the grant of copyright
accordingly shall give notice thereof to the Director General of the World Intellectual Property
Organization (hereinafter designated as "the Director  General") by a written declaration specifying the
countries in regard to which protection is restricted, and the restrictions to which rights of authors whoare nationals of those countries are subjected.  The Director General shall immediately communicate
this declaration to all the countries of the Union.
Article 14 bis(2) and (3):  Special Provisions Concerning Cinematographic Works
Ownership of copyright in a cinematographic work shall be a matter for legislation in the
country where protection is claimed.  However, in the countries of the Union which, by legislation,
include among the owners of copyright in a cinematographic work authors who have brought
contributions to the making of the work, such authors, if they have undertaken to bring such
contributions, may not, in the absence of any contrary or special stipulation, object to thereproduction, distribution, public performance, comm unication to the public by wire, broadcasting or
any other communication to the public, or to the subt itling or dubbing of texts, of the work.  The
question whether or not the form of the undertaking referred to above should be in a written
agreement or a written act of the same effect shall be a matter for the legislation of the country where
the maker of the cinematographic work has his headquarters or habitual residence.  However, it shallbe a matter for the legislation of the country of the Union where protection is claimed to provide that
the said undertaking shall be in a written agreement or a written act of the same effect. The countries
whose legislation so provides shall notify the Director General by means of a written declaration,
which will be immediately communicated by hi m to all the other countries of the Union.
Unless the national legislation provides to the contrary, the above provisions shall not be
applicable to authors of scenarios, dialogues and musical works created for the making of thecinematographic work, or to the principal director thereof.  However, those countries of the Union
whose legislation does not contain rules applying the above provisions to the principal director shall
notify the Director General by means of a wr itten declaration, which will be immediately
communicated by him to all the other countries of the Union.
Article 15(4):  Right to Enforce Protected Rights - in the case of certain unpublished works of
unknown authorship
In the case of unpublished works where the identity of the author is unknown, but where there
is every ground to presume that he is a national of a country of the Union, it shall be a matter forlegislation in that country to designate the competent authority which shall represent the author and
shall be entitled to protect and enforce his rights in  the countries of the Union.  Countries of the Union
which make such designation shall notify the Director General by means of a written declarationTN/IP/W/4
Page 45
giving full information concerning the authority thus designated.  The Director General shall at once
communicate this declaration to all other countries of the Union.
Article 24(2):  International Bureau:  General information
The International Bureau shall assemble and publish information concerning the protection of
copyright.  Each country of the Union shall prom ptly communicate to the International Bureau all
new laws and official texts concerning the protection of copyright.
Article 25(4):  Contributions
Unless it has already done so, each country shall indicate, concurrently with depositing its
instrument of ratification or accession, the class for the purpose of establishing its contributiontowards the budget to which it wishes to belong.  Any country may change class.  If it chooses a lower
class, the country must announce it to the Assembly at one of its ordinary sessions.  Any such change
shall take effect at the beginning of the calendar year following the session.
Article 28(1):  Acceptance and Entry Into Force of Act for Countries of the Union
Any country of the Union may declare in its instrument of ratification or accession that its
ratification or accession shall not apply to Articles 1 to 21 and the Appendix, that is, substantive
provisions of the Convention.  Those countries may at any later time declare that it extends the effects
of its ratification or accession to those provisions.  Such declaration shall be deposited with theDirector General.
Article 30(2):  Reservations
Any country of the Union ratifying or acceding to this Act may retain the benefit of the
reservations it has previously formulated on condition that it makes a declaration to that effect at the
time of the deposit of its instrument of ratification or accession.
Any country outside the Union may declare, in acceding to this Convention, that it intends to
substitute, temporarily at least, for Article 816 of this Act concerning the right of translation, the
provisions of Article 517 of the Union Convention of 1886, as completed at Paris in 1896, on the clear
                                                     
16Article 8 [Right of Translation] of the Paris Act of the Berne Convention reads as follows:
"Authors of literary and artistic works protected by this Convention shall enjoy the exclusiveright of making and of authorizing the translation of their works throughout the term ofprotection of their rights in the original works."
17Article 5 of the Union Convention of 1886, as completed at Paris in 1896, reads as follows:"1. Authors who are nationals of any of the countries of the Union, or their successors intitle, shall enjoy in the other countries the exclusive right of making or authorizing thetranslation of their works throughout the term of their right in the original work.  Nevertheless,the exclusive right of translation shall cease to  exist if the author shall not have availed
himself of it, during a term of ten years from the date of first publication of the original work,
by publishing or causing to be published, in one of the countries of the Union, a translation in
the language for which protection is to be claimed.2. For works published in incomplete parts ( livraisons ), the period of ten years shall
commence from the date of publication of the last part of the original work.3. For works composed of several volumes published at intervals, as well as forbulletins or collections ( cahiers ) published by literary or scientific societies, or by private
persons, each volume, bulletin or collection shall be, with regard to the period of ten years,
considered as a separate work.TN/IP/W/4
Page 46
understanding that the said provisions are applicable only to translations into a language in general
use in the said country.
Any country may withdraw such reservations at any time by notification addressed to the
Director General.
Article 31(1), (2) and (3):  Applicability to Certain Territories
Any country may declare in its instrument of ratification or accession, or may inform the
Director General by written notification at any time thereafter, that this Convention shall be applicable
to all or part of those territories, designated in the declaration or notification, for the external relations
of which it is responsible.  Such declaration shall take effect on the same date as the ratification or
accession in which it was included, and such notification shall take effect three months after itsnotification by the Director General.
Any country which has made such a declaration or given such a notification may, at any time,
notify the Director General that this Convention shall cease to be applicable to all or part of such
territories. Any such notification shall take effect  twelve months after its receipt by the Director
General.
Article 33:  Disputes
Any dispute between two or more countries of the Union concerning the interpretation or
application of this Convention, not settled by negotiation, may, by any one of the countries concerned,
be brought before the International Court of Justice by application in conformity with the Statute of
the Court, unless the countries concerned agree on some other method of settlement.  The country
bringing the dispute before the Court shall inform  the International Bureau; the International Bureau
shall bring the matter to the attention of the other countries of the Union.
Each country may, at the time it signs this Act or deposits its instrument of ratification or
accession, declare that it does not consider itself bound by the above provisions.
Any country having made such a declaration ma y, at any time, withdraw its declaration by
notification addressed to the Director General.
Article 35(2), (3) and (4):  Duration of the Convention; Denunciation
Any country may denounce this Act by notification addressed to the Director General.  Such
denunciation shall constitute also denunciation of all earlier Acts and shall affect only the country
making it, the Convention remaining in full force and effect as regards the other countries of theUnion.  Denunciation shall take effect one year after the day on which the Director General has
received the notification.  The right of denunciation provided by this Article shall not be exercised by
any country before the expiration of five years from the date upon which it becomes a member of the
Union.
                                                                                                                                                                    
4. In the cases provided for by this Article, and for the calculation of the terms of
protection, December 31 of the year in which the work was published shall be regarded as thedate of publication."TN/IP/W/4
Page 47
APPENDIX:  SPECIAL PROVISIONS REGARDING DEVELOPING COUNTRIES
Article I(1), (2) and (5):  Faculties Open to Developing Countries
Any country regarded as a developing country in conformity with the established practice of
the General Assembly of the United Nations which ratifies or accedes to this Act, and which, having
regard to its economic situation and its social or cultural needs, does not consider itself immediately ina position to make provision for the protection of all the rights as provided for in this Act, may, by a
notification deposited with the Director General at the time of depositing its instrument of ratification
or accession or, subject to Article V(1)(c), at any time thereafter, declare that it will avail itself of the
faculty provided for in Appendix, namely the possibility of granting non-voluntary licenses in respect
of (i) translation for the purpose of teaching, scholarship or research, and (ii) reproduction for use in
connection with systematic instructional activities, of works protected under the Convention.
Any such declaration notified before the expiration of the period of ten years from the entry
into force of Articles 1 to 21 and this Appendix  shall be effective until the expiration of the said
period.  Such declaration may be renewed in whole or in part for periods of ten years each by a
notification deposited with the Director General not more than fifteen months and not less than three
months before the expiration of the ten-year period then running.
Any such declaration notified after the expiration of the period of ten years from the entry
into force of Articles 1 to 21 and this Appendix shall be effective until the expiration of the ten-year
period then running.  Such declaration may be renewed as indicated in the above paragraph.
A country may make such declaration and the notification of renewal in respect of certain
territories.
Article II(3)(b):  Limitations on the Right of Tran slation:  Conditions allowing the grant of such
licenses
If, after the expiration of a period of three years, or of any longer period determined by the
national legislation of the country which has declared that it will avail itself of the faculty of granting
non-voluntary licenses in respect of translation for the purpose of teaching, scholarship or research,
commencing on the date of the first publication of the work, a translation of such work has not beenpublished in a language in general use in that country by the owner of the right of translation, or with
his authorization, any national of such country may obtain a license to make a translation of the work
in the said language and publish the translation in printed or analogous forms of reproduction.
Any such country may, with the unanimous agreement of the developed countries which are
members of the Union and in which the same language is in general use, substitute, in the case of
translations into that language, for the period of three years referred to above a shorter period asdetermined by such agreement but not less than on e year.  However, the provisions of the foregoing
sentence shall not apply where the language in question is English, French or Spanish.  The Director
General shall be notified of any such agreement by the Governments which have concluded it.
Article IV(2) and (4):  Provisions Common to Licenses Under Articles II and III:  Procedure;
Exportation of copies
If the owner of the right cannot be found, the applicant for a license shall send, by registered
airmail, copies of his application, submitted to the authority competent to grant the license, to the
publisher whose name appears on the work and to any national or international information centerwhich may have been designated, in a notification to that effect deposited with the Director General,
by the Government of the country in which the publisher is believed to have his principal place of
business.TN/IP/W/4
Page 48
No license granted under Article II or Article III shall extend to the export of copies, and any
such license shall be valid only for publication of the translation or of the reproduction, as the case
may be, in the territory of the country in which it has been applied for.
For that purpose, where a governmental or other public entity of a country which has granted
a license to make a translation under Article II into a language other than English, French or Spanish
sends copies of a translation published under such license to another country, such sending of copies
shall not be considered to constitute export if all of the following conditions are met:
(i) the recipients are individuals who are nationals of the country whose competent
authority has granted the license, or organizations grouping such individuals;
(ii) the copies are to be used only for the purpose of teaching, scholarship or research;(iii) the sending of the copies and their subsequent distribution to recipients is without any
commercial purpose;  and
(iv) the country to which the copies have been sent has agreed with the country whose
competent authority has granted the license to allow the receipt, or distribution, or
both, and the Director General has been notified of the agreement by the Governmentof the country in which the license has been granted.
Article V(3):  Alternative Possibility for Limitation of the Right of Translation:  Time limit for
choosing the alternative possibility
Any country which has ceased to be regarded as a developing country may make a declaration
to the effect provided for in Article 30(2)(b), namely that it intends to substitute, temporarily at least,
for Article 816 of this Act concerning the right of translation, the provisions of Article 517 of the Union
Convention of 1886, as completed at Paris in 1896, on the clear understanding that the said provisions
are applicable only to translations into a language in general use in the said country notwithstandingthe fact that it is not a country outside the Union.  Such declaration shall take effect at the date on
which the period applicable under Article I(3)
18 expires.
Article VI:  Possibilities of applying, or admitting the application of, certain provisions of the
Appendix before becoming bound by it: 1. Declaration; 2. Depository and effective date of
declaration
(1) Any country of the Union may declare, as from the date of this Act, and at any time before
becoming bound by Articles 1 to 21 and this Appendix:
                                                     
18Article I (2) and (3) of Appendix to the Paris Act of the Berne Convention read as follows:
"(2)(a) Any declaration under paragraph (1) notified before the expiration of the period of
ten years from the entry into force of Article s 1 to 21 and this Appendix according to Article
28(2) shall be effective until the expiration of the said period.  Any such declaration may berenewed in whole or in part for periods of ten years each by a notification deposited with theDirector General not more than fifteen months and not less than three months before theexpiration of the ten-year period then running.
(b) Any declaration under paragraph (1) notified after the expiration of the period of ten
years from the entry into force of Articles 1 to 21 and this Appendix according to Article
28(2) shall be effective until the expiration of the ten-year period then running. Any suchdeclaration may be renewed as provided for in the second sentence of subparagraph (a).(3) Any country of the Union which has ceased to be regarded as a developing countryas referred to in paragraph (1) shall no longer be entitled to renew its declaration as provided
in paragraph (2), and, whether or not it formally  withdraws its declaration, such country shall
be precluded from availing itself of the faculties referred to in paragraph (1) from theexpiration of the ten-year period then running or from the expiration of a period of three yearsafter it has ceased to be regarded as a developing country, whichever period expires later."TN/IP/W/4
Page 49
(i) if it is a country which, were it bound by Articles 1 to 21 and this Appendix, would
be entitled to avail itself of the faculties referred to in Article I(1), that it will apply
the provisions of Article II or of Articl e III or of both to works  whose country of
origin is a country which, pursuant to (ii) below, admits the application of those
Articles to such works, or which is bound by Articles 1 to 21 and this Appendix; suchdeclaration may, instead of referring to Article II, refer to Article V;
(ii) that it admits the application of this Appendix to works of which it is the country of
origin by countries which have made a declaration under (i) above or a notification
under Article I.
(2) Any declaration made under paragraph (1) shall be in writing and shall be deposited with the
Director General.  The declaration shall become effective from the date of its deposit.
II. INTERNATIONAL CONVENTION FOR THE PROTECTION OF PERFORMERS,
PRODUCERS OF PHONOGRAMS AND BROADCASTING ORGANISATIONS
(ROME CONVENTION)
Article 5(3):  Protected Phonograms:  Power to exclude certain Criteria
Each Contracting State shall grant national treatment to producers of phonograms if any of
the following conditions is met:  (a) the producer of the phonogram is a national of another
Contracting State (criterion of nationality);  (b) the first fixation of the sound was made in another
Contracting State (criterion of fixation);  (c) the phonogram was first published in another ContractingState (criterion of publication).  By means of a notification deposited with the Secretary-General of
the United Nations, any Contracting State may declare that it will not apply the criterion of
publication or, alternatively, the criterion of fixation.  Such notification may be deposited at the time
of ratification, acceptance or accession, or at any time thereafter;  in the last case, it shall become
effective six months after it has been deposited.
Article 6(2):  Protected Broadcasts:  Power to Reserve
Each Contracting State shall grant national treatment to broadcasting organisations if either of
the following conditions is met:  (a) the headquarte rs of the broadcasting organisation is situated in
another Contracting State;  (b) the broadcast was transmitted from a transmitter situated in another
Contracting State.  By means of a notification deposited with the Secretary-General of the United
Nations, any Contracting State may declare that it will protect broadcasts only if the headquarters of
the broadcasting organisation is situated in another Contracting State and the broadcast was
transmitted from a transmitter situated in the same Contracting State.  Such notification may be
deposited at the time of ratification, acceptance or accession, or at any time thereafter;  in the last
case, it shall become effective six months after it has been deposited.
Article 16:  Reservations
A State may at any time, in a notification deposited with the Secretary-General of the United
Nations, declare that:
(a) as regards Article 12 which provides that if a phonogram published for commercial purposes,
or a reproduction of such phonogram, is used directly for broadcasting or for any
communication to the public, a single equitable remuneration shall be paid by the user to the
performers, or to the producers of the phonograms, or to both:
(i) it will not apply the provisions of that Article;
(ii) it will not apply the provisions of that Article in respect of certain uses;TN/IP/W/4
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(iii) as regards phonograms the producer of which is not a national of another Contracting
State, it will not apply that Article;
(iv) as regards phonograms the producer of which is a national of another Contracting
State, it will limit the protection provided for by that Article to the extent to which,
and to the term for which, the latter State grants protection to phonograms first fixed
by a national of the State making the declaration; however, the fact that theContracting State of which the producer is a national does not grant the protection to
the same beneficiary or beneficiaries as the State making the declaration shall not be
considered as a difference in the extent of the protection;
(b) as regards Article 13 item (d) which provides that broadcasting organisations shall enjoy the
right to authorize or prohibit the communication to the public of their television broadcasts if
such communication is made in places accessible to the public against payment of an entrancefee:  it will not apply that item; if a Contracting State makes such a declaration, the other
Contracting States shall not be obliged to grant the right referred to in Article 13, item (d), to
broadcasting organisations whose headquarters are in that State.
If the notification is made after the date of the deposit of the instrument of ratification, acceptance or
accession, the declaration will become effective six months after it has been deposited.
Article 17:  Certain countries applying only the "fixation" criterion
Any State which, on October 26, 1961, grants protection to producers of phonograms solely
on the basis of the criterion of fixation may, by a notification deposited with the Secretary-General of
the United Nations at the time of ratification, acceptance or accession, declare that it will apply, for
the purposes of determining the point of attachment for protected phonograms as provided in
Article 5, the criterion of fixation alone and, for the purposes of reservations as provided in Article 16,
the criterion of fixation instead of the criterion of nationality.
Article 18:  Withdrawal of reservations
Any State which has deposited a notification under Articles 5, 6, 16 or 17, may, by a further
notification deposited with the Secretary-General of the United Nations, reduce its scope or withdrawit.
Article 27:  Applicability of the Convention to Certain Territories
Any State may, at the time of ratification, acceptance or accession, or at any time thereafter,
declare by notification addressed to the Secretary-General of the United Nations that this Convention
shall extend to all or any of the territories for w hose international relations it is responsible, provided
that the Universal Copyright Convention or the International Convention for the Protection of Literary
and Artistic Works applies to the territory or territories concerned.  This notification shall take effect
three months after the date of its receipt.  The notifications referred to in Articles 5, 6, 16, 17 and 18,
may be extended to cover all or any of those territories.
Article 28(2) and (3):  Denunciation of the Convention
Any Contracting State may denounce this Convention, on its own behalf or on behalf of all or
any of the territories for whose international relations it is responsible.  The denunciation shall be
effected by a notification addressed to the Secretary-General of the United Nations and shall takeeffect twelve months after the date of receipt of the notification.  The right of denunciation shall not
be exercised by a Contracting State before the expiry of a period of five years from the date on which
the Convention came into force with respect to that State.TN/IP/W/4
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Article 29(1):  Revision of the Convention
After this Convention has been in force for five years, any Contracting State may, by
notification addressed to the Secretary-General of the United Nations, request that a conference be
convened for the purpose of revising the Convention.  The Secretary-General shall notify all
Contracting States of this request.  If, within a pe riod of six months following the date of notification
by the Secretary-General of the United Nations, not less than one half of the Contracting States notify
him of their concurrence with the request, the Secretary-General shall inform the Director-General of
the International Labor Office, the Director-General of the United Nations Educational, Scientific and
Cultural Organization and the Director of the Bureau of the International Union for the Protection of
Literary and Artistic Works, who shall convene a revision conference in co-operation with the
Intergovernmental Committee.
III. WIPO COPYRIGHT TREATY (WCT)
Article 23:  Denunciation of the Treaty
This Treaty may be denounced by any Contracting Party by notification addressed to the
Director General of WIPO.  Any denunciation shall take effect one year from the date on which theDirector General of WIPO received the notification.
IV. WIPO PERFORMANCES AND PHONOGRAMS TREATY (WPPT)
Article 3(3):  Beneficiaries of Protection under this Treaty
Any Contracting Party availing itself of the possibilities provided in Article 5 of the Rome
Convention or, for the purposes of Article 5 of the same Convention, Article 17 thereof shall make a
notification as foreseen in those provisions to the Director General of the World Intellectual Property
Organization (WIPO).
Article 15(3):  Right to Remuneration for Broadcasting and Communication to the Public
Any Contracting Party may in a notification de posited with the Director General of WIPO,
declare that it will apply the provisions of paragraph (1), which state that performers and producers of
phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect use ofphonograms published for commercial purposes for broadcasting or for any communication to the
public, only in respect of certain uses, or that it will limit their application in some other way, or that it
will not apply these provisions at all.
Article 31:  Denunciation of the Treaty
This Treaty may be denounced by any Contracting Party by notification addressed to the
Director General of WIPO.  Any denunciation shall take effect one year from the date on which the
Director General of WIPO received the notification.
V. CONVENTION FOR THE PROTECTION OF PRODUCERS OF PHONOGRAMS
AGAINST UNAUTHORIZED DUPLICATION OF THEIR PHONOGRAMS(GENEVA CONVENTION)
Article 7(4):  Savings:  Substitution of the Criterion of Fixation
Any Contracting State which, on October 29, 1971, affords protection to producers of
phonograms solely on the basis of the place of first fixation may, by a notification deposited with theTN/IP/W/4
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Director General of the World Intellectual Property Organization, declare that it will apply this
criterion instead of the criterion of the nationality of the producer.
Article 8(1):  Secretariat
The International Bureau of the World Intellectual Property Organization shall assemble and
publish information concerning the protection of phonograms.  Each Contracting State shall promptly
communicate to the International Bureau all new laws and official texts on this subject.
Article 11(3):  Applicability of the Convention to Certain Territories
Any State may, at the time of ratification, acceptance or accession or at any later date, declare
by notification addressed to the Secretary-General of the United Nations that this Convention shallapply to all or any one of the territories for whose international affairs it is responsible. This
notification will take effect three months after the date on which it is received.
Article 12:  Denunciation of the Convention
Any Contracting State may denounce this Conventi on, on its own behalf or on behalf of any
of the territories for whose international affairs it is responsible, by written notification addressed to
the Secretary-General of the United Nations.  Denunciation shall take effect twelve months after the
date on which the Secretary-General of the United Nations has received the notification.
VI. CONVENTION RELATING TO THE DISTRIBUTION OF PROGRAMME-
CARRYING SIGNALS TRANSMITTED BY SATELLITE (BRUSSELS
CONVENTION)
Article 2(2)
In any Contracting State in which the application of the measures to prevent the distribution
on or from its territory of any programme-carrying signal by any distributor for whom the signal
emitted to or passing through the satellite is not intended is limited in time, the duration thereof shall
be fixed by its domestic law.  The Secretary-General of the United Nations shall be notified in writing
of such duration at the time of ratification, acceptance or accession, or if the domestic law comes intoforce or is changed thereafter, within six months of the coming into force of that law or of its
modification.
Article 8(2) and (3)
Article 2 (1) of this Convention provides that "[e]ach Contracting State undertakes to take
adequate measures to prevent the distribution on or from its territory of any programme-carryingsignal by any distributor for whom the signal emitted to or passing through the satellite is not
intended.  This obligation shall apply where the or iginating organization is a national of another
Contracting State and where the signal distributed is a derived signal".  Any Contracting State whose
domestic law, on May 21, 1974, so provides may, by a written notification deposited with the
Secretary-General of the United Nations, declare that, for its purposes, the words "where theoriginating organization is a national of another Contracting State" appearing in Article 2(1) shall be
considered as if they were replaced by the words "where the signal is emitted from the territory of
another Contracting State".
Any Contracting State which, on May 21, 1974, limits or denies protection with respect to the
distribution of programme-carrying signals by mean s of wires, cable or other similar communications
channels to subscribing members of the public may, by a written notification deposited with the
Secretary-General of the United Nations, declare that, to the extent that and as long as its domesticTN/IP/W/4
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law limits or denies protection, it will not apply this Convention to such distributions.  Any State that
has deposited such a notification shall notify the Secretary-General of the United Nations in writing,
within six months of their coming into force,  of any changes in its domestic law whereby such
reservation becomes inapplicable or more limited in scope.
Article 11
Any Contracting State may denounce this Convention by written notification deposited with
the Secretary-General of the United Nations.  Denunciation shall take effect twelve months after the
date on which the notification is received.
VII. PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY
Article 13(4)(c):  Assembly of the Union
Communication by the International Bureau of decisions made by the Assembly to the
countries members of the Assembly which were not represented inviting them to express in writing
their vote or abstention within a period of three months from the date of the communication.
Article 15(2):  International Bureau
Communication by each country of the Union to the International Bureau of all new laws and
official texts concerning the protection of industrial property.  The International Bureau has the duty
to assemble and publish information concerning the protection of industrial property.
Article 16(7)(b):  Finances
Notification by the country on the territory of which the Organization has its headquarters
denouncing its obligation to grant advances.
Article 17(1) and (3):  Amendment of Articles 13 to 17
Communication by the Director General of proposals for the amendment of Articles 13 to 17,
initiated by any country of the Assembly, to the member countries of the Assembly at least six monthsin advance of their consideration by the Assembly.  Notification of acceptance of an amendment to
Articles 13 to 17 by countries that are members of the Assembly at the time it adopted the
amendment.
Article 20(2)(c):  Ratification or Accession by  Countries of the Union; Entry Into Force
Notification by the Director General of the deposit of an instrument of ratification or
accession.
Article 24(1):  Territories
Notification by a country that the Paris Convention shall be applicable to all or part of the
territories specified in the notification.
Article 26(2):  Denunciation
Notification of denunciation by a country.
Article 28(3):  DisputesTN/IP/W/4
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Notification of withdrawal of declaration that a country considers itself bound by
Article 28(1) relating to the resolution of disputes.
Article 29(5):  Signature, Languages, Depositary Functions
Notifications by the Director General to the Governments of all countries of the Union of– ratification or accession according to Art. 20(1)(c);
– denunciation (Art. 26(2));
– relating to extension of applicability of the Convention to certain territories (Art. 24).
Article 30(2):  Transitional Provisions
Notification by countries which are not bound by Articles 13 to 17 that they will exercise the
rights provided under Articles 13 to 17 as if they were bound by those Articles.
Article 6 ter:  Marks:  Prohibitions concerning State Em blems, Official Hallmarks, and Emblems of
Intergovernmental Organizations
I. Introduction
1. Article 6 ter of the Paris Convention for the Protection of Industrial Property of 1883 (1967
Stockholm Act) was introduced into the Paris Convention by the Revision Conference of The Haguein 1925.  It underwent some minor modifications as to form at the Revision Conference of London
in 1934, and was more thoroughly revised by the Revision Conference of Lisbon in 1958.
II. Objective
2. The purpose of Article 6 ter is to protect armorial bearings, flags and other State emblems of
the States party to the Paris Convention as well as official signs and hallmarks indicating control and
warranty adopted by them.
3. This protection was extended to armorial bearings, flags, other emblems, abbreviations and
names of international intergovernmental organizations by the Revision Conference of Lisbon
in 1958.
III. Communication procedure and requirements4. Any emblem or other official sign mentioned in paragraphs 2 and 3 above for which a State
party to the Paris Convention or an international intergovernmental organization wishes to obtainprotection has to be communicated to the International Bureau of WIPO, which will then transmit the
communication to the other States party to the Paris Convention.  Nevertheless, such a
communication is not obligatory in respect of flags of States.
5. Any State receiving the communication of an em blem or other official sign may, within a
period of 12 months from the receipt of that communication, transmit its objections, if any, through
the intermediary of the International Bureau, to  the State or international intergovernmental
organization at the request of which the communication was made.
6. The protection offered by Article 6 ter to any emblem or other official signs mentioned in
paragraphs 2 and 3 above, communicated as indicated in paragraph 4, and which has not been the
subject of an objection as indicated in paragraph 5, is not of a general nature.  The purpose of
Article 6 ter is only to prohibit the registration and use of trademarks which are identical to, or present
a certain similarity with the above–mentioned emblems or official signs.TN/IP/W/4
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7. Article 6 ter is only applicable to trademarks  and does not oblige States party to the Paris
Convention to refuse or to invalidate the registration, and to prohibit use of State emblems or other
officials signs as a service mark  or as an element of a service mark.  States are nevertheless free to do
so, and under Article 16 of the Trademark Law Trea ty (TLT), member States of that Treaty are
obliged to extend protection with respect to service marks.
8. The list of the items which can be the subject of a communication under Article 6 ter of the
Paris Convention, at the request of a State  party to that Convention comprises:  armorial bearings,
flags and other State emblems, as well as official signs and hallmarks indicating control and warranty
adopted by the State itself.  The expression "other State emblems" is rather vague.  It is generally
understood as referring to any emblems constituting the symbol of the sovereignty of a State.
9. It is to be noted that the intention of the Revision Conference of The Hague, in 1925, was to
include in the protection of State emblems the escutcheons of reigning Houses, as well as emblems of
States included in a Federative State which is party to the Paris Convention.  However, it was not
intended to include emblems of lower public bodies.
10. The purpose of official signs and hallmarks indicating control and warranty is to certify that a
State or an organization duly appointed by a State to that effect has checked that certain goods meet
specific standards or have a given level of quality.  Official signs and hallmarks indicating control and
warranty exist in several States with respect to precious metals or products such as butter, cheese,
meat, electrical equipment, etc.  In principle, officials signs and hallmarks indicating control andwarranty may also apply to services, for instance those relating to education, tourism, etc.
IV. Protection11. The protection as an official sign indicating control and warranty is more limited than a
protection as a State emblem. Article 6 ter(2) provides that such protection "shall apply solely in cases
where the marks in which they are incorporated are intended to be used on goods of the same or
similar kind".  Under Article 16 of the TLT, this provision extends to services.
12. The protection afforded by Article 6 ter was extended by the Revision Conference of Lisbon
in 1958, not only to armorial bearings, flags and other emblems, but also to names, and abbreviations
of such names of intergovernmental organizations  of which one or more States party to the Paris
Convention are members.  However, the protection under Article 6 ter did not extend to armorial
bearings, flags, other emblems, names and abbreviations of intergovernmental organizations which
are already the subject of international agreements in force, intended to ensure their protection, such
as the Geneva Convention for the amelioration of the condition of the wounded and sick in armed
forces, of August 12, 1949, Article 44 of which protects the emblems of the Red Cross on a whiteground, the words "Red Cross" or "Gen eva Cross, and analogous emblems".
13. States party to the Paris Convention are free not to grant protection to armorial bearings,
flags, other emblems, abbreviations and names of international intergovernmental organizations to the
prejudice of the owners of rights acquired in good faith before the entry into force, in that State, of the
Paris Convention.
14. States party to the Paris Convention are also free not to grant protection where the use or
registration of a trademark against which the protection is invoked does not suggest a connection with
the intergovernmental organization concerned, or where such use or registration is probably not ofsuch a nature to mislead the public as to the existence of a connection between the user and the
organization.TN/IP/W/4
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15. A distinction has to be made between, on the one hand, flags of States and, on the other hand,
State emblems other than flags, official signs and hallmarks, and emblems, including flags, names and
abbreviations of intergovernmental organizations.  In the case of the first category, the protection
under this provision will apply only to marks registered after November 6, 1925, that is, the date of
the signature of the text of the Convention as revised at The Hague.  In the case of the second
category, the protection will apply only to marks registered more than two months after receipt of thecommunication made by the International Bureau of WIPO.
V. General exception16. A general exception is made in cases of bad faith, where the member States even have the
right to annul marks incorporating State emblems, signs and hallmarks, which were registered before
November 6, 1925.  Bad faith will probably be held to exist if the trademark has been registered in theknowledge that it incorporated the emblem, sign or hallmark concerned.
VI. WTO Members and Article 6ter17. WTO Members bound by the TRIPS Agreement to comply with Article 6ter .  Where a WTO
Member, which is not party to the Paris Convention but  is bound by  the TRIPS Agreement to comply
with the provisions of Article 6 ter of the Paris Convention (1967):
- receives communication of an emblem of a State party to the Paris Convention which is
a WTO Member, it is obliged to protect that emblem, subject to the objection procedureof Article 6 ter(4);
- receives communication of an emblem of a State party to the Paris Convention which is
not a WTO Member, it is not obliged to protect that emblem until (i) it becomes party to
the Paris Convention, or (ii) the State which communicated the emblem becomes aWTO Member;
- receives communication of an emblem of an international intergovernmental
organization, it is obliged to protect that emblem, subject to the objection procedure of
Article 6 ter(4) (This situation also applies to WTO Members which are party to the
London or The Hague Acts of the Paris Convention).
18. WTO Members not bound by the TRIPS Agreement to comply with Article 6ter.   Where a WTO
Member, which is not party to the Paris Convention and is not bound by  the TRIPS Agreement to comply
with the provisions of Article 6 ter of the Paris Convention (1967):
- receives communication of an emblem of a State party to the Paris Convention which is
a WTO Member, it is not obliged to protect that emblem until (i) it becomes party to the
Paris Convention, or (ii) it becomes bound under the TRIPS Agreement to comply with
the provisions of Article 6 ter of the Paris Convention (1967);
- receives communication of an emblem of a State party to the Paris Convention which is
not a WTO Member, it is not obliged to protect that emblem until (i) it becomes party to
the Paris Convention, or (ii) it becomes bound under the TRIPS Agreement to comply
with the provisions of Article 6 ter of the Paris Convention (1967) and the State which
communicated the emblem becomes a WTO Member;
- receives communication of an emblem of an international intergovernmental
organization, it is not obliged to protect that emblem until (i) it becomes party to the
Paris Convention, or (ii) it becomes bound under the TRIPS Agreement to comply with
the provisions of Article 6 ter of the Paris Convention (1967).TN/IP/W/4
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ANNEX 4
INTERNATIONAL REGISTRATION SYSTEMS ADMINISTERED BY WIPO
Summaries
Information supplied by the International Bureau of WIPO
− Basic facts about the Patent Cooperation Treaty (PCT):  the worldwide system for simplified
multiple filing of patent applications
− The Madrid Agreement Concerning the International registration of Marks and the Protocol
Relating to that Agreement:  Objectives, Main Features, Advantages
− The Hague Agreement Concerning the International Deposit of Industrial Designs:  Objectives,
Main Features, Advantages
− The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial
Designs:  Main Innovations Compared with the Present system Provided for in the 1934 and 1960
Acts of the Agreement
− Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
− Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the
Purposes of Patent ProcedureTN/IP/W/4
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THE PATENT COOPERATION TREATY (PCT)
BASIC FACTS
Do you want to protect your invention in several countries?
If so, you should consider the advantages that are offered by filing an "international" patent
application under the Patent Cooperation Treaty (the "PCT").  By filing one international patent
application under the PCT, and designating any or all of the PCT Contracting States, you can
simultaneously seek patent protection for an invention in each of a large number of countries.
Do you want to evaluate your chances of protec ting your invention before incurring major costs
in foreign countries?
If your answer is yes, you should consider that the "international search report", which you
will normally receive a few months after filing your PCT application, contains a list of relevant "prior
art" documents which you can evaluate.  You also have the option of obtaining an "internationalpreliminary examination report" which gives you more detailed information about the patentability of
your invention before you incur the high costs of the patent granting procedure in each of the
countries you designated.
Do you want to keep all of your options op en for protecting your invention while still
investigating its commercial possibilities abroad?
If you do, you should consider the extra time you gain when you file a PCT application:  in
relation to most designated Offices, 18 months more than under the traditional patent system (based
on the Paris Convention for the Protection of Industrial Property).
Do you want to obtain more reliable patents abroad?
If so, you should take into account the benefits of the international standards which are
applied by the "International Searching Authorities" and the "International Preliminary ExaminingAuthorities" when carrying out the international se arch and the international preliminary examination
of your application.  Any patents subsequently granted by the national or regional Offices on the
international application can be relied on by the appl icant to a greater extent than would have been the
case without the benefit of the international se arch report and the international preliminary
examination report.
What are the basic facts about filing patent applications under the PCT?
Set out below are the basic facts which you should know about the PCT.  For further
information and contact points, refer to the end of this brochure.  A significant amount of important
information is available on the PCT website:  www.wipo.int/pct/en/.
(1) Your right to file an international patent application
You are entitled to file an international patent application if you are a national or resident of
one of the PCT Contracting States which are listed at the end of this brochure.
(2) Where to file an international patent application
You can file an international patent application with your national Patent Office which will
act as a PCT "receiving Office" or, unless not permitted by national security provisions in yourTN/IP/W/4
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national law, with the International Bureau of WIPO, at the address indicated at the end of this
brochure.  If you are a national or resident of a country which is party to one of certain regional patent
treaties (the ARIPO Harare Protocol, the OAPI Agreement, the Eurasian Patent Convention and the
European Patent Convention), you may alternatively file your international patent application with the
regional Patent Office concerned, if permitted by the applicable national law.
(3) Effect of an international patent application
Provided it complies with the minimum require ments for obtaining an international filing
date, your international application has the effect of a national patent application in those PCT
Contracting States which you have "designated" in your application.  It has the effect of a regional
patent application in those PCT Contracting States which are also party to a regional patent treaty (the
ARIPO Harare Protocol, the Eurasian Patent C onvention, the European Patent Convention and the
OAPI Agreement), provided they are designated for the regional patent concerned.  (It should be
noted that, for some of these States, only a regional patent can be obtained via the PCT.)  Because an
international patent application must be prepared in accordance with certain requirements set out in
the Treaty and Regulations, which have become international standards effective in all of the PCT
Contracting States, subsequent adaptation to varying national (or regional) formal requirements (andthe cost associated therewith) will not be necessary.  The granting of a patent remains the
responsibility of the national or regional Offices but the start of the processing of the application
before those Offices (the "national phase" or "regional phase"), including examination as to substance,
is generally delayed until after the end of the 30th month from the priority date (see (13), below).
(4) Cost of filing an international patent application
Because an international patent application is effective in all designated PCT Contracting
States, you do not have to incur the costs that would arise if you prepared and filed separate
applications for all of those States, and you have to pay only a single set of fees for filing theinternational patent application with the PCT receiving Office.  Information about these fees can be
obtained from the receiving Offices (see (2), above) or in the PCT Applicant’s Guide and the PCT
Newsletter (see the end of this brochure).  They cover the filing, searching and publication of the
international patent application, and are payable in the currency, or one of the currencies accepted by
your Office (the receiving Office).  For fees pa yable when you request international preliminary
examination, refer to (10), below.  National fees in the designated States become payable much later
because national processing is delayed if the PCT is used (see (13), below).  In several Offices,
national fees are also lower for international patent applications than they would be if direct national
applications had been filed.  An applicant who is a natural person and who is a national of and resides
in a State whose per capita national income is below US$3,000 is entitled to a reduction of 75 per cent
of certain fees, including the international fee (basic fee and designation fees).  If there are several
applicants, each must satisfy those criteria.  For more details, including the list of the PCT ContractingStates the nationals and residents of which are eligible for such fee reductions, please refer to the PCT
Applicant’s Guide or contact the PCT Information Line (see back page).
(5) Language of the international patent application
In general, an international patent application can be filed in any language which your
receiving Office is prepared to accept.  Receiving Of fices are, however, obliged to accept filings in at
least one language which is both a language accepted by the competent International Searching
Authority that is to carry out the international search (see (7), below) and a "publication language",
that is, one of the languages in which international patent applications are published (Chinese,English, French, German, Japanese, Russian and Spanish).  You therefore always have the option of
filing your international patent application in a language from which no translation is required for
either search or publication purposes.  If you file your application in a language which is not acceptedTN/IP/W/4
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by the International Searching Authority that is to carry out the international search, you will be
required to furnish a translation of the application for the purposes of international search.
(6) Claiming the priority of an earlier application
In an international patent application, you may claim the priority, under the Paris Convention
— and to a certain extent within the framework of the World Trade Organization —, of an earlier
patent application for the same invention, whether it was a national, a regional (for example,
European) or an international (PCT) application, for up to 12 months after the filing of that earlier
application.  If you do not claim priority from an earlier application, the priority date will be the
international filing date of the international application.
(7) Quality of the international search
International patent applications are subjected to an "international search" by an International
Searching Authority.  International search is a high-quality search of the patent documents and other
technical literature in those languages in which most patent applications are filed (English, French and
German, and in certain cases, Chinese, Japanese, Russian and Spanish).  The high quality of thesearch is assured by the standards prescribed in the PCT for the documentation to be consulted, and
by the qualified staff and effective search methods of the International Searching Authorities, which
are experienced patent Offices that have been specially appointed to carry out international searches.
The following are the International Searching Author ities:  the national Offices of Australia, Austria,
China, Japan, the Republic of Korea, the Russian Federation, Spain, Sweden and the United States ofAmerica, and the European Patent Office.  For a given international patent application, there may be
one or more competent International Searching Authorities (your PCT receiving Office can supply
details or you may consult the PCT Applicant’s Guide and PCT Newsletter (see the end of this
brochure)).
(8) Value of the international search report
The results of the international search are set out in an "international search report" which is
generally made available to you by the fourth or fifth month after the international patent application
is filed.  The international search report contains no comments on the value of your invention but listsprior art documents relevant to the claims of your international patent application and gives an
indication of the possible relevance of the citations to the questions of novelty and inventive step
(non-obviousness).  This enables you to evaluate your chances of obtaining patents in the countries
you have designated.  An international search report which is favorable, that is, in which the citations
of prior art would appear not to prevent the grant of a patent, assists you in the subsequent prosecution
of your application in those countries in which you wish to obtain protection.  If a search report is
unfavourable (for example, if it lists prior art documents questioning the novelty and/or inventive stepof your invention), you have the opportunity to centrally amend the claims in your international patent
application (to better distinguish your invention from the prior art) or to withdraw the application
before it is published.  The high quality of the international search assures you that any patent granted
is less likely to be successfully challenged, and thus provides valuable input to investment decisions.
(9) Publication of the international application
If the international application has not been withdrawn earlier, it is published by the
International Bureau shortly after 18 months from the priority date, together with the international
search report, and communicated by the International Bureau to each designated Office.TN/IP/W/4
Page 61
(10) Option of international preliminary examination
Under the PCT system, you have the option to ha ve an international preliminary examination
of your application carried out, on payment of the relevant fees.  This preliminary examination is
made, on the basis of the international search report, according to internationally accepted criteria for
patentability (novelty, inventive step and industrial applicability).  It is carried out by an InternationalPreliminary Examining Authority having qualifications similar to those of the International Searching
Authorities mentioned above.  As an applicant, you may participate actively in the international
preliminary examination, submitting amendments and arguments.  The International Preliminary
Examining Authorities are the International Searching Authorities mentioned above, except the
national Office of Spain.  For a given international patent application, there may be one or more
competent International Preliminary Examining Authorities (your PCT receiving Office can supply
details or you may consult the PCT Applicant’s Guide and the PCT Newsletter ).
(11) Value of the international preliminary examination report
The results of the international preliminary examination are set out in an "international
preliminary examination report" which is provided to you;  copies are also sent by the InternationalBureau to the Offices concerned.  The report consists of an opinion on the compliance with the
international criteria mentioned above (see (10)) of each of the claims which has been searched.  It
provides you with an even stronger basis on which to evaluate your chances of obtaining patents, and,
if the report is favorable, a stronger basis on which to prosecute your application before the national
and regional patent Offices.  The decision on the granting of a patent remains the responsibility ofeach of the national or regional Offices designated in the international patent application;  the
international preliminary examination report is authoritative but is not binding on those Offices.
(12) Access by third parties to documents contained in the file of the international patent
application
Until international publication (18 months after the priority date), no third person is allowed
access to your international patent application unless so requested or authorized by you.  If you wish
to withdraw your application (and you do so in time before international publication), international
publication does not take place and, as a consequence, no access by third parties is permitted.  Uponinternational publication, third parties can request copies of documents contained in the file of the
international application;  such requests may be made  either to the International Bureau or the national
or regional Offices, depending on the document concerned.
(13) Delaying the procedure before the national or regional Offices
When an international patent application has b een filed, the national procedures in relation to
the majority of the designated Offices are delayed until the end of the 30th month from the priority
date (there are some exceptions;  for details, see the PCT Newsletter and the PCT Applicant’s Guid e
— even longer delays are available before some Offices).  The delay normally gives you 18 months
more before you have to fulfill the national requirements (see (14), below) than if you do not use the
PCT.  This additional time can be very useful for evaluating the chances of obtaining patents and ofexploiting your invention commercially in the various designated countries, and for assessing both the
technical value of your invention as well as the continued need for protection in those countries.
In making such an evaluation, you have the benefit of the international search report and if
you so requested, also the international preliminary examination report.TN/IP/W/4
Page 62
(14) Start of the procedure before the national or regional Offices
It is only after you have decided whether, and in respect of which States, you wish to proceed
further with your application that you must fulfill the various national requirements for entry into the
national phase.  These requirements include paying national fees and, in some cases, filing
translations of the application as filed and/or as amended.  These steps must be taken, in relation tothe majority of PCT designated Offices, before the end of the 30th month from the priority date (see
(13), above).  There may also be other requirements in connection with the national phase — for
example, the appointment of local agents.
(15) Examination and further processing before the national or regional Offices
The substantive examination and other processing of your international patent application
before the national and regional Offices is made easier by the international search, which enables you
to make necessary amendments to the claims in the application even before the national or regional
procedure starts (see (8), above).  It is facilitated even more by the international preliminary
examination procedure during which further amendments are possible.  You also achieve other
savings in communications, postage and translations as the work done during the internationalprocessing is generally not repeated before each de signated Office (for example, you submit only one
copy of the priority document instead of having to submit several copies).
(16) Basic facts about the PCT itself
The PCT was concluded in 1970, amended in 1979 and modified in 1984 and 2001.  It is open
to States party to the Paris Convention for the Protection of Industrial Property. Instruments of
ratification or accession must be deposited with the Director General of WIPO.  The PCT created a
Union.  The Union has an Assembly.  Every State party to the PCT is a member of the Assembly.TN/IP/W/4
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(17) Statistics
The following charts illustrate the growth of the PCT in terms of Contracting States and its
increasing use by applicants.  They show annual figures for international applications and for
demands for international preliminary examination since 1985.
NUMBER OF INTERNATIONAL APPLICATIONS
NUMBER OF DEMANDS FOR INTERNATIONAL
PRELIMINARY EXAMINATION
TN/IP/W/4
Page 64
PCT CONTRACTING STATES
(TOTAL:  115 ON 1 APRIL 2002)
Albania
Algeria
Antigua and BarbudaArmenia
Australia
Austria
Azerbaijan
Barbados
Belarus
BelgiumBelize
Benin
Bosnia and Herzegovina
Brazil
BulgariaBurkina Faso
Cameroon
Canada
Central African Republic
ChadChina
Colombia
Congo
Costa Rica
Côte d'IvoireCroatia
Cuba
Cyprus
Czech Republic
Democratic People’sRepublic of Korea
Denmark
Dominica
Ecuador
Equatorial Guinea
Estonia
FinlandFrance
Gabon
Gambia
GeorgiaGermany
Ghana
GreeceGrenada
Guinea
Guinea-Bissau
Hungary
Iceland
India
IndonesiaIreland
Israel
Italy
Japan
KazakhstanKenya
Kyrgyzstan
Latvia
Lesotho
LiberiaLiechtenstein
Lithuania
Luxembourg
Madagascar
MalawiMali
Mauritania
Mexico
Monaco
MongoliaMorocco
Mozambique
Netherlands
New Zealand
Niger
Norway
OmanPhilippines
Poland
Portugal
Republic of KoreaRepublic of Moldova
Romania
Russian FederationSaint Lucia
Senegal
Sierra Leone
Singapore
Slovakia
Slovenia
South AfricaSpain
Sri Lanka
Sudan
Swaziland
SwedenSwitzerland
Tajikistan
The former Yugoslav
Republic of Macedonia
TogoTrinidad and Tobago
Tunisia
Turkey
Turkmenistan
UgandaUkraine
United Arab Emirates
United Kingdom
United Republic of Tanzania
United States of AmericaUzbekistan
Viet Nam
Yugoslavia
Zambia
Zimbabwe
* This list includes all States that have acceded to the PCT by the date shown in the heading.
Applicants intending to file international applicat ions under the PCT should ask the receiving Office
or the International Bureau about accessions by any further States.TN/IP/W/4
Page 65
Further information
If, after having familiarized yourself with these basic facts, you are considering filing an
international patent application or would like to have more detailed information, you should consult
the PCT website (www.wipo.int/pct/en/), in particular the PCT Newsletter and the PCT Applicant's
Guide which provide extensive information on the PCT procedure as well as a complete set of
instructions for filing international patent applications, consult a patent attorney or agent in your
country, or your national Patent Office.
The forms required for the filing of an international application may be obtained free of
charge in various electronic formats from the PCT website, and in paper form from the International
Bureau and your national Office.
PCT Information Line
Telephone:  (41 22) 338 83 38
Fax: (41 22) 338 83 39E-mail:  pct.infoline@wipo.int
For filing international applications with
the International Bureau of WIPO, please contact:
WIPO
PCT Receiving Office Section
34, chemin des Colombettes
CH-1211 Geneva 20, Switzerland
Telephone:  (41-22) 338 93 52
Fax:  (41-22) 910 06 10
E-mail:  ro.ib@wipo.intTN/IP/W/4
Page 66
THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION
OF MARKS AND THE PROTOCOL RELATING TO THAT AGREEMENT
OBJECTIVES, MAIN FEATURES, ADVANTAGES
Introduction
1. The system of international registration of marks is governed by two treaties:  the Madrid
Agreement Concerning the International Registration of Marks, which dates from 1891, and the
Protocol Relating to the Madrid Agreement, which was adopted in 1989, entered into force onDecember 1, 1995, and came into operation on April 1, 1996.  Common Regulations under the
Agreement and Protocol also came into force on that date.  The system is administered by the
International Bureau of WIPO, which maintains the International Register and publishes the WIPO
Gazette of International Marks .
2. Any State which is a party to the Paris Convention for the Protection of Industrial Property
may become a party to the Agreement or the Protocol or both.  In addition, an intergovernmental
organization may become a party to the Protocol (but not the Agreement) where the following
conditions are fulfilled:  at least one of the Member States of the organization is a party to the Paris
Convention and the organization maintains a regional office for the purposes of registering markswith effect in the territory of the organization.
3. States party to the Agreement and/or the Protocol and organizations party to the Protocol are
referred to collectively as Contracting Parties.  A list of the Contracting Parties is given on a separate
sheet.  Together, they constitute the Madrid Union, which is a Special Union under Article 19 of theParis Convention.
4. Every member of the Madrid Union is a member of its Assembly.  Among the most important
tasks of the Assembly are the adoption of the program and budget of the Union and the adoption and
modification of the implementing regulations, including the fixing of fees connected with the use ofthe Madrid system.
Objectives
5. The objectives of the system are two-fold.  Firstly, it facilitates the obtaining of protection for
marks (trademarks and service marks).  The registration of a mark in the International Register
produces, in the Contracting Parties designated by the applicant, the effects described in paragraph 28,below.  Further Contracting Parties may be designated subsequently.  Secondly, since an international
registration is equivalent to a bundle of national registrations, the subsequent management of that
protection is made much easier.  There is only one registration to renew, and changes such as a
change in ownership or in the name or address of the holder, or a limitation of the list of goods and
services, can be recorded in the International Register through a single simple procedural step.  On theother hand, if it is desired to transfer the registration for only some of the designated Contracting
Parties, or for only some of the goods or services, or to limit the list of goods and services with
respect to only some of the designated Contracting Parties, the system is flexible enough to
accommodate this.
Who May Use the System?
6. An application for international registration (an "international application") may be filed only
by a natural person or a legal entity which has a real and effective industrial or commercialTN/IP/W/4
Page 67
establishment in, or is domiciled in, or is a national of, a country which is party to the Madrid
Agreement or the Madrid Protocol, or who has such an establishment in, or is domiciled in, the
territory of an intergovernmental organization which is  a party to the Protocol, or is a national of a
Member State of such an organization.
7. The Madrid system of international registration cannot be used by a person or legal entity
which does not have the necessary connection, through establishment, domicile or nationality, with a
member of the Madrid Union.  Nor can it be used to protect a mark outside the Madrid Union.
The International Application
8. A mark may be the subject of an international application only if it has already been
registered (or, where the international application is governed exclusively by the Protocol, ifregistration has been applied for) in the Trademar k Office of the Contracting Party with which the
applicant has the necessary connection, as described in paragraph 6, above, to be able to file an
international application.  This Office is referred to as the Office of origin.
9. An international application must be presented to the International Bureau through the Office
of origin.  An international application which is presented direct to the International Bureau by the
applicant will not be considered as such and will be returned to the sender.
10. The international application must contain, inter alia , a reproduction of the mark (which must
be identical with that in the basic registration or basic application) and a list of the goods and servicesfor which protection is sought, classified in accordance with the International Classification of Goods
and Services (Nice Classification).
11. An international application may claim priority under Article 4 of the Paris Convention,
whether from the application with the Office of orig in or from a prior application filed with the Office
of another country party to the Paris Convention or with the Office of a Member of the World Trade
Organization.
12. An international application must designate the Contracting Parties in which the mark is to be
protected.  Where the Contracting Party whose Office is the Office of origin is a party to theAgreement but not the Protocol, only other States which are also party to the Agreement may be
designated.  Where the Contracting Party whose Office is the Office of origin is a party to the
Protocol but not the Agreement, on ly other Contracting Parties which are also party to the Protocol
may be designated.  Where the Contracting Party whose Office is the Office of origin is a party to
both the Agreement and the Protocol, any ot her Contracting Party may be designated.
13. The Contracting Party whose Office is the Office of origin cannot be designated in an
international application;  nor can it be designated subsequently.
14. The designation of a given Contracting Party is made under that treaty (Agreement or
Protocol) which is common to the designated Contracting Party and the Contracting Party whose
Office is the Office of origin.  Where both Contracting Parties are party to both the Agreement and theProtocol, it is the Agreement which governs the designation;  this follows from the so-called
"safeguard" clause, Article 9 sexies  of the Protocol.
15. There are therefore three kinds of international application:
- an international application governed exclusively by the Agreement ;  this means that
all the designations are made under the Agreement;TN/IP/W/4
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- an international application governed exclusively by the Protocol ;  this means that all
the designations are made under the Protocol;
- an international application governed by both the Agreement and the Protocol ;  this
means that some of the designations are made under the Agreement and some under
the Protocol.
16. If the international application is governed exclusively by the Agreement, it must be in
French.  If it is governed exclusively by the Protocol or by both the Agreement and the Protocol, it
may be in either English or French;  the Office of origin may however restrict the applicant’s choice
to one of these languages.
17. The international application is subject  to the payment of the following fees:
- a basic fee;- a complementary fee in respect of each designated Contracting Party for which no
individual fee is payable;
- an individual fee in respect of any Contracting Party which is designated under the
Protocol and has declared that it wishes to receive such a fee;  (the amount of the
individual fee is determined by each Contra cting Party;  it may not be higher than the
amount that would be payable for the registration of a mark in the Office of thatContracting Party;  the amounts of the respective individual fees are published in the
Gazette);
- a supplementary fee  in respect of each class of goods and services beyond the third;
no supplementary fee is payable however where all the designations are ones in
respect of which an individual fee has to be paid.
18. These fees may be paid direct to the International Bureau or, where the Office of origin
accepts to collect and forward such fees, through that Office.
19. The Office of origin must certify that the mark is the same as that in the basic registration or
basic application, that any indications such as a description of the mark or a claim to color as a
distinctive feature of the mark are the same as those contained in the basic registration or basic
application, and that the goods and services indicated in the international application are covered by
the list of goods and services in the basic registration or basic application.
20. The Office of origin must also certify the date on which it received the request to present the
international application.  This date is importa nt;  provided the application is received by the
International Bureau within two months of that date (and provided that certain crucial elements are
not missing), it is that date that will be the date of the international registration.
21. The International Bureau checks that the international application complies with the
requirements of the Agreement or Protocol and the Common Regulations, including requirements
relating to the indication of goods and services and their classification, and that the required fees have
been paid.  The Office of origin and the applicant are informed of any irregularities;  these must be
remedied within three months, otherwise the application will be considered abandoned.
22. Where the international application complies with the applicable requirements, the mark is
recorded in the International Register and publishe d in the Gazette.  The International Bureau then
notifies each Contracting Party in which protection has been requested.TN/IP/W/4
Page 69
Examination by the Office of a Designated Contracting Party;  Refusal of Protection
23. The Office of a designated Contracting Party examines the international registration in
exactly the same way as an application filed directly.  If grounds for objection are found during the
ex officio  examination, or if an opposition is filed, the Office has the right to declare that protection
cannot be granted to the mark in that Contracting Party.
24. Any provisional refusal must be notified to the International Bureau by the Office of the
Contracting Party concerned within the time limit specified in the Agreement or Protocol.  This
time-limit is generally 12 months.  A Contracting Party may however declare that, when it is
designated under the Protocol, this time limit shall be replaced by 18 months.  A Contracting Party
that has made this declaration may further declare that a provisional refusal based on an opposition
may be notified even after the expiry of this 18-month period.
25. The provisional refusal is recorded in the International Register and published in the Gazette
and a copy is transmitted to the holder of the international registration.
26. Any procedure subsequent to the refusal, such as review, appeal or response to an opposition,
is carried out directly between the holder and the Office concerned, without any involvement on the
part of the International Bureau.  The Office must however send a statement to the International
Bureau once all the procedures before that Office have been completed, indicating that the provisional
refusal is confirmed or is totally or partially withdrawn.  This statement is also recorded in the
International Register and published in the Gazette.
27. Where an Office finds no reason for refusing protection, it may, before the expiry of the
applicable time limit for provisional refusal, issue a statement of grant of protection.  Such statement
is recorded in the International Register and published in the Gazette and a copy is transmitted to the
holder of the international registration.  An Office is however not obliged to issue a positive decisionon registration and no legal consequences result if it does not do so.
Effects of the International Registration
28. From the date of the international registration (or, in the case of a Contracting Party
designated subsequently, from the date of that designation), the protection of the mark in each of the
designated Contracting Parties is the same as if the mark had been the subject of an application for
registration filed direct with the Office of that Contracting Party.  If no provisional refusal is notified
to the International Bureau within the relevant ti me limit, or if any such refusal is subsequently
withdrawn, the protection of the mark in each designated Contracting Party is the same as if it had
been registered by the Office of that Contracting Party.
29. An international registration is therefore equivalent to a bundle of national registrations.
Although it is a single registration, protection may be refused by some of the designated Contracting
Parties, or the protection may be limited or renounced with respect to only some of the designated
Contracting Parties.  Likewise an international registration may be transferred to a new owner with
respect to only some of the designated Contracting Parties.  An international registration may also beinvalidated (for example, for non-use) with respect to one or more of the designated Contracting
Parties.  Moreover, any action for infringement of an international registration must be brought
separately in each of the Contracting Parties concerned.
30. This is in contrast to a unitary regional right such as the Community trademark, which cannot
be refused, limited or transferred with effect for only a part of the territory covered by the right, and
which may be enforced by a single legal action covering infringement occurring anywhere in that
territory.TN/IP/W/4
Page 70
Dependence on the Basic Mark
31. For a period of five years from the date of its registration, an international registration
remains dependent on the mark registered or applied for in the Office of origin.  If, and to the extent
that, the basic registration ceases to have effect, whether through cancellation following a decision ofthe Office of origin or a court, through voluntary cancellation or through non-renewal, within this
five-year period, the international registration will no longer be protected.  Similarly, where the
international registration was based on an application in the Office of origin, it will be cancelled if,
and to the extent that, that application is refused or withdrawn within the five-year period, or if, and to
the extent that, the registration resulting from that application ceases to have effect within that period.
32. The Office of origin is required to notify the International Bureau of facts and decisions
concerning such ceasing of effect or refusal and, where appropriate, to request the cancellation (to the
extent applicable) of the international registration.  The cancellation is published in the Gazette and
notified to the designated Contracting Parties.  Such cancellations are relatively infrequent;  only
about 190 were recorded during 2001, many of which related to only some of the goods and services
covered by the international registration.
33. If, within three months of such cancellation, th e holder files an application for registration
with the Office of a Contracting Party that had been designated under the Protocol, that application
will be treated as if it had been filed on the date of the international registration or (as the case may
be) the subsequent designation of the Contracting Party concerned.  This option is not available in thecase of a Contracting Party designated under the Agreement.
34. After the expiry of the period of five years mentioned in paragraph 31, the international
registration becomes independent of the basic registration or basic application.
Replacement of a National or  Regional Registration by an International Registration
35. An international registration is deemed to replace a national or regional registration for the
same mark and the same goods and services recorded in the name of the same person in a designated
Contracting Party.  The effect of replacement is that, if the national or regional registration is notrenewed, the holder of the international registration may continue to benefit from the earlier rights
acquired by reason of that national or regional registration.  Although replacement takes place
automatically, the holder of the international registration may request the Office of the Contracting
Party in which the national or regional registration is recorded to take note in its register of the
international registration.
Subsequent Designation
36. The effects of an international registration can be extended to a Contracting Party not covered
by the international application by filing a subsequent designation.  Thus the holder of an international
registration can expand the geographical scope of the protection of his mark in line with his business
needs.  Moreover a subsequent designation may be made in order to extend the protection of the markto a Contracting Party which was not a party to the Agreement or Protocol at the time of the
international application.  The principles that determine whether such a designation can be made, and
whether it is governed by the Agreement or by the Protocol, are as described in paragraphs 14 and 15,
above.
Changes in the International Regi ster;  Cancellation;  Licenses
37. A change in the name or address of the holder or his representative may be recorded in the
International Register on request.TN/IP/W/4
Page 71
38. Likewise a change in the ownership of an international registration may be recorded, in
respect of all or some of the goods and services and all or some of the designated Contracting Parties.
A person may not however be recorded as the holder of an international registration in respect of a
given Contracting Party if he would not be entitled (in accordance with the principles set out in
paragraphs 14 and 15, above), to designate that Contracting Party in an international application.Thus, for example, a person who does not have a connection with a country which is a party to the
Agreement may not be recorded as the holder of an international registration in respect of a
designated Contracting Party which is a party only to the Agreement.
39. The following may also be recorded in the International Register:
-a  limitation  of the list of goods and services in respect of all or some  of the
designated Contracting Parties;
-a  renunciation  in respect of some  of the designated Contracting Parties for all the
goods and services;
-a  cancellation  of the international registration in respect of all the designated
Contracting Parties for all or some  of the goods and services;
-a  license  granted in respect of all or some  of the designated Contracting Parties, and
for all or some  of the goods and services.
40. Information concerning such changes, cancellation and licenses is published in the Gazette
and notified to the designated Contracting Parties.
41. No change may be made in the mark that is the subject of an international registration, either
on renewal or at any other time.  Nor may the list of goods and services be changed in a way that
would extend the scope of protection.
Duration of Registration;  Renewal
42. An international registration is effective for 10 years.  It may be renewed for further periods
of 10 years on payment of the prescribed fees.  The International Bureau sends a reminder to the
holder and to his representative (if any) six months before renewal is due.
43. The international registration may be renewed in respect of all the designated Contracting
Parties or in respect of only some of them.  It may not however be renewed in respect of only some of
the goods and services recorded in the International Register;  if therefore the holder wishes, at thetime of renewal, to remove some of the goods and services from the international registration, he must
separately request cancellation in respect of those goods and services.
Advantages of the System
44. International registration has several advantages for the owner of the mark.  After registering
the mark, or filing an application for registration, with the Office of origin, he has only to file one
application, in one language, and pay one fee instead of filing separately in the trademark Offices of
the various Contracting Parties in different languages and paying a separate fee in each Office.
Moreover, the holder does not have to wait for the Office of each Contracting Party in whichprotection is sought to take a positive decision to register the mark;  if no refusal is notified by an
Office within the applicable time limit, the mark is  protected in the Contracting Party concerned.  In
some cases, the holder does not even have to wait th e expiry of this time limit in order to know thatTN/IP/W/4
Page 72
the mark is protected in a Contracting Party, since he  may, before the expiry of the time limit, receive
a statement of grant of protection from the Office of that Contracting Party.
45. A further important advantage is that changes subsequent to registration, such as a change in
the name or address of the holder, or a change (total or partial) in ownership or a limitation of the list
of goods and services may be recorded with effect for several designated Contracting Parties througha single simple procedural step and the payment of a single fee.  Moreover, there is only one expiry
date and only one registration to renew.
46. International registration is also to the advantage of Trademark Offices.  They do not need to
examine for compliance with formal requirements, or  classify the goods or services, or publish the
marks.  Moreover, they are compensated for the work  that they perform;  the individual fees collected
by the International Bureau are transferred to the Contracting Parties in respect of which they havebeen paid, while the complementary and supplementary fees are distributed annually among the
Contracting Parties not receiving individual fees, in  proportion of the number of designations made of
each of them.  For the year 2000, the International Bureau distributed a total of 24.9 million Swiss
francs resulting from the complementary and supplementary fees and 33.8 million Swiss francs
resulting from individual fees.  In addition, if the International Registration Service closes its biennialaccounts with a profit, the proceeds are divided among the Contracting Parties.
47. At the end of 2001, 381,684 international registrations were in force.  During that year,
23,985 new international registrations were effected, containing 290,633 designations, an average of
12.1 designations per registration.  In addition, 27,282 new designations were recorded in respect ofexisting international registrations.  In other words, the designations effected in 2001 were equivalent
to nearly 318,000 national applications.TN/IP/W/4
Page 73
August 2002
MEMBERS OF THE MADRID UNION
Albania (A)
Algeria (A)
Antigua and Barbuda (P)
Armenia (A&P)
Australia (P)
Austria (A&P)
Azerbaijan (A)Belarus (A&P)
Belgium
* (A&P)
Bhutan (A&P)
Bosnia and Herzegovina (A)
Bulgaria (A&P)China (A&P)
Croatia (A)
Cuba (A&P)
Czech Republic (A&P)
Democratic People’s  Republic of Korea (A&P)
Denmark (P)
Egypt (A)
Estonia (P)
Finland (P)France (A&P)
Georgia (P)
Germany (A&P)
Greece (P)
Hungary (A&P)Iceland (P)
Ireland (P)
Italy (A&P)
Japan (P)
Kazakhstan (A)
Kenya (A&P)
Kyrgyzstan (A)Latvia (A&P)
Lesotho (A&P)Liberia (A)
Liechtenstein (A&P)
Lithuania (P)
Luxembourg
* (A&P)
Monaco (A&P)
Mongolia (A&P)
Morocco (A&P)Mozambique (A&P)
Netherlands
* (A&P)
Norway (P)
Poland (A&P)
Portugal (A&P)Republic of Moldova (A&P)
Romania (A&P)
Russian Federation (A&P)
San Marino (A)
Sierra Leone (A&P)Singapore (P)
Slovakia (A&P)
Slovenia (A&P)
Spain (A&P)
Sudan (A)Swaziland (A&P)
Sweden (P)
Switzerland (A&P)
Tajikistan (A)
The former Yugoslav Republic of  Macedonia (A&P)
Turkey (P)
Turkmenistan (P)
Ukraine (A&P)
United Kingdom (P)
Uzbekistan (A)
Viet Nam (A)Yugoslavia (A&P)
Zambia (P)
(70)
(A): indicates a State party only to the Agreement (14)
(P): indicates a State party only to the Protocol (18)
(A&P): indicates a State party to both the Agreement and Protocol (38)
                                                     
* Protection may not be requested separately for Belgium, Luxembourg or the Netherlands, but only for
all three countries as a whole (Benelux), subject to payment of a single complementary or individual fee.TN/IP/W/4
Page 74
THE HAGUE AGREEMENT CONCERNING THE INTERNATIONAL
DEPOSIT OF INDUSTRIAL DESIGNS
OBJECTIVES, MAIN FEATURES, ADVANTAGES
Introduction
1. The system of international deposit of industrial designs is governed by the Hague Agreement
Concerning the International Deposit of Industrial Designs, which dates from 1925, entered into force
in 1928, and has been revised at various times, in particular at London (1934 Act) and at The Hague
(1960 Act)19.  The system is administered by the International Bureau of WIPO, which maintains the
International Register and publishes the Bulletin des dessins et modèles internationaux/International
Designs Bulletin .
2. An international deposit may be governed by the provisions of the 1934 Act or those of the
1960 Act or both.  The vast majority of international deposits are governed exclusively or partly bythe 1960 Act;  out of the 4334 international deposits made in 2000, only 210 were governed
exclusively by the 1934 Act.  Unless otherwise specified, this paper reflects the provisions of the 1960
Act.
3. The States party to the Agreement constitute a special union, called the Hague Union.
Accession to the Hague Agreement
20 and participation in the Hague Union do not entail any financial
obligation for the acceding State since the Union is financed by the fees paid by depositors and
owners of international deposits.  A list of the member countries of the Hague Union, together with an
indication of whether they are party to the 1934 Act, the 1960 Act or both, is given on a separate
sheet.
Objectives
4. The objectives of the system are two-fold.  Firstly, it offers the possibility of obtaining
protection for industrial designs in a number of States through a single deposit made with theInternational Bureau of WIPO.  Secondly, by having a single deposit with effect in several countries,
the subsequent management of the protection obtained is also made much easier.  For instance, there
is only one deposit to renew, and changes such as a change in ownership or in the name or address of
the owner can be recorded in the International Register through a single simple procedural step.
Who May Use the System?
5. International deposits may be made only by a natural person or legal entity having a real and
effective industrial or commercial establishment or a domicile in, or being a national of, one of the
States party to the Hague Agreement.
                                                     
19 A new Act of the Hague Agreement, which is not yet in force, was adopted in Geneva on
July 2, 1999 (see paragraphs 31 to 36).
20 Accession to the Hague Agreement is open, in respect of the 1934 and 1960 Acts, to any State party
to the Paris Convention and, in respect of the Geneva Act (see note 1, above), to any State party to theConvention Establishing WIPO and to certain intergovernmental organizations.TN/IP/W/4
Page 75
Where Can Protection be Obtained?
6. Protection can be obtained only in those States which are party to the same Act as the State
with which the applicant has a necessary connection to make an international deposit.  In other words,
if the applicant has a connection with a State bound only by the 1934 Act, he will obtain protection
only in those States which are bound by the 1934 Act, whether they are also bound by the 1960 Act ornot.  If the applicant has a connection with a State bound only by the 1960 Act, he will be able to
obtain protection, by designating them, in those States which are bound by the 1960 Act, whether they
are also bound by the 1934 Act or not.  If the applicant has a connection with a State bound by both
Acts, he will be able to obtain protection in all member States of the Hague Union.
7. Protection may also be obtained in the State of origin
21 by means of an international deposit,
unless the domestic legislation of that State does not permit it.22
8. It should be added that, if the applicant has more than one connection in respect of Statesparty to different Acts of the Agreement, he can cumulate the possibilities offered by each Act in the
same international deposit.  For example, an applicant having the nationality of a State party only to
the 1934 Act, but whose domicile is in a State party only to the 1960 Act, could obtain protection inall States of the Hague Union.
9. In order to protect a design in countries which are not party to the Hague Agreement, it is
necessary to effect a national deposit with the competent Office of each of those countries.
The International Deposit
10. An international deposit does not require any prior national deposit.  An industrial design can
therefore be deposited and protected for the first time at the international level through the Hague
Agreement.
11. The international deposit is normally made directly with the International Bureau of WIPO,
by the depositor or his representative, on a form provided by the International Bureau.  The deposit
may also be made through the national Office of a Contracting State if such State so permits
23.
However, a State may require that, where it is considered to be the State of origin, the deposit bemade through its national Office
24.
12. An application for international deposit must contain, inter alia , the exact designation of the
article or articles in which it is intended to incorporate the designs, and a reproduction (photograph or
graphic representation) of each design or each article deposited.
                                                     
21 "State of origin" means the Contracting State in which the applicant has a real and effective
industrial or commercial establishment or, if the applicant has such establishments in several States, theContracting State which he has indicated in his application;  if the applicant has no such establishment in any
Contracting State, the Contracting State in which he has his domicile; if he has no domicile in a Contracting
State, the Contracting State of which he is a national.
22 According to the information available to the International Bureau, Hungary is the only country that
does not allow itself to be designated in an international deposit for which it is the State of origin.
23 According to the information available to the International Bureau, Benin, Bulgaria, Greece,
Hungary, Italy, Liechtenstein, Mongolia and Switzerland allow an international deposit to be made through their
national Offices.
24 According to the information available to the International Bureau, the Republic of Moldova and
Yugoslavia require that, where they ar e considered to be the State of origin, the international deposit be made
through their national Offices.TN/IP/W/4
Page 76
13. An international deposit may include up to 100 designs.  All the designs in a deposit must be
intended to be incorporated in articles included in  the same class of the International Classification of
Industrial Designs (Locarno Classification).
14. Priority under Article 4 of the Paris Convention for the Protection of Industrial Property may
be claimed in an international deposit if the said international deposit is made within six months of afirst regular national deposit made in a State party to the Paris Convention or a Member of the World
Trade Organization or of a regional or international deposit having the same effect as such a national
deposit.  Conversely, an international deposit made under the Hague Agreement may serve as basis
for priority in a national or regional design application in a State party to the Paris Convention, or a
Member of the World Trade Organization even if that State is not a member of the Hague Union.
15. The working languages of the Hague Agreement (1960 Act) are English and French.  An
international deposit may thus be made in either of these languages.
16. An international deposit is subject to the payment of fees, in Swiss francs.  The fees for a
deposit governed exclusively or partially by the 1960 Act consist of:
- an international deposit fee (comprising a basic fee for one industrial design and a
further fee for each additional design included in the same deposit) which covers the
costs of the International Bureau in administering the Designs Registry;
- a publication fee (which is greater where th e reproductions of the design are in color);
- fees for each Contracting State designated (State fees).
The Agreement provides for two State fees—the ordinary State fee and an additional State fee which
is payable for a designated Contracting State that has a novelty examination
25.  The State fees are
distributed each year amongst the Contracting States.  For the year 2000, 2.3 million Swiss francs
were collected and distributed by the International Bureau.
17. The International Bureau checks that the appl ication for international deposits complies with
the requirements of the Agreement and the Regu lations, including requirements relating to the
photographs or graphic representations, and that the required fees have been paid.  The depositor is
informed of any defects;  these must be corrected within three months, otherwise the international
deposit will be declined.  This is solely a formal examination;  the International Bureau of WIPO does
not appraise in any way the novelty of the designs and it is therefore not entitled to reject a deposit on
this or any other substantive ground.
18. Where the international deposit complies with the applicable requirements, it will be recorded
in the International Register and published in the International Designs Bulletin .  This publication,
which is made on CD-ROM only, comprises a reproduction of the deposited photographs or graphic
representations.  Copies of the Bulletin are sent to the national Office of each Contracting State.
19. The applicant may request that the publication be deferred for a period which may not exceed
12 months as from the date of the international deposit or (where priority is claimed) from the priority
date.
                                                     
25 At present, the State novelty examination fee is payable in respect of a designation of Bulgaria,
Hungary, the Republic of Moldova or Romania.TN/IP/W/4
Page 77
Possibility of Refusal
20. Under the 1960 Act, the Office of a Contractin g State whose domestic legislation provides for
an administrative examination ex officio  or for opposition by third parties may notify the International
Bureau that it refuses to grant protection to an industrial design on the ground that it does not meet the
requirements of that domestic law.  However, protection may not be refused on the grounds of non-
compliance of the international deposit with formal requirements, since all such requirements must be
considered by each Contracting State as having been complied with in the international procedure.
21. Any refusal of protection must be notified to the International Bureau within six months of
the date on which the national Office receives the Bulletin in which the international deposit is
published.  The depositor has the same remedies against the decision of refusal as he would have had
if he had deposited the design concerned directly with the national Office that issued the refusal.  Theensuing procedure takes place solely at the national level;  the International Bureau of WIPO is not to
any extent involved in this procedure.  An appeal against a refusal must be submitted to the competent
authority of the country concerned within the time-limit and in accordance with the conditions set out
be the corresponding national legislation.  In fact, refusals are extremely infrequent.  Only
approximately fifteen are received each year by the International Bureau.
Effects of the International Deposit
22. If no refusal is notified within the prescrib ed time limit, the international deposit will have
effect in that Contracting State as from the date of deposit (however, in the States in which thenational legislation provides for a novelty examination, the starting point of the protection may,
according to the national legislation, be later than the date of deposit).
23. An industrial design that is the subject of an international deposit enjoys, in each of the States
concerned which has not refused protection, the same protection as is conferred on industrial designs
by the law of that State.
Changes in the International Register;  Renunciation
24. A change in the name or address of the owner or his representative may be recorded in the
International Register.
25. Likewise a change in the ownership of an international deposit may be recorded, in respect of
all or only some of the States in which the international deposit has effect, and in respect of all or
some of the designs included in the deposit.  A person may not however be recorded as the owner of
an international deposit in respect of a given Contra cting State if that person would not be entitled (in
accordance with the principles set out in paragraphs 5 to 8, above) to own international deposits.Thus, for example, a person who does not have a connection with a State which is a party to the 1960
Act may not be recorded as the new owner of an international deposit in respect of a State which is a
party only to that Act.
26. A renunciation of the international deposit, in respect of all or some of the Contracting States
and in respect of all or some of the designs, may also be recorded in the International Register.
27. Information concerning such changes and renunciation is recorded in the International
Register and (except for changes in the name or address of representatives) is published in the
Bulletin.TN/IP/W/4
Page 78
Term of Protection
28. International deposits governed by the 1960 Act are made for an initial period of five years.
They can be renewed for an additional period of five years, for all or some of the designs included in
the deposit and for all or only some of the States in which it has effect (the minimum period of
protection is therefore 10 years).  Furthermore, if the domestic legislation of a Contracting Stateprovides for a term of protection of more than 10 years for industrial designs that have been the
subject of a national deposit, the international deposit may be renewed in respect of that State for
additional periods of five years and up to the expiry of the total term of protection allowed for
national deposits.
International Deposits Governed Exclusively by the 1934 Act
29. The main differences between an international deposit governed exclusively by the 1934 Act
and an international deposit governed exclusively or partially by the 1960 Act can be summarized as
follows:
- as regards the  language , a deposit governed exclusively by the 1934 Act can only be
made in French;
- the deposit extends automatically to all States party to the 1934 Act, unless protection
in any of those States is expressly renounced;
- the deposit may be opened or sealed ;
- deferment of publication may not be requested;
- the publication  does not comprise a reproduction of the designs;  it merely states the
article or articles in which the designs are to be incorporated;
- the term of protection  is 15 years, divided into an initial period of five years and,
subject to renewal, a second period of 10 years;
- there is no provision for the notification of a refusal  of protection;
- different fees are to be paid.
Advantages of the System
30. The international deposit of industrial designs arose from a need for simplicity and economy.
Nationals and residents of, or companies established in a State party to the Hague Agreement are able
to obtain protection for their designs in a number of States with a minimum of formalities and
expense.  In particular, they are relieved of the need to make a separate national deposit in each of the
States in which they require protection, thus av oiding the complications arising from procedures
which differ from State to State.  They do not have to submit the required documents in variouslanguages nor keep a watch on the deadline for renewal of a whole series of national deposits, varying
from one State to the other.  They also avoid the need to pay a series of fees in various currencies.
Under the Hague Agreement, the same result can be obtained by means of a single international
deposit, made in one language, on payment of a single set of fees, in one currency and with one Office
(i.e., the International Bureau).TN/IP/W/4
Page 79
Development of the Hague Agreement:  the Geneva Act of 1999
31. Although the facilities offered by the Hague Agreement have been used for more than
70 years to the satisfaction of design owners, the number of countries party to that Agreement has
remained low and their geographical spread limited, mainly because certain States whose laws
provide for an examination of deposited industrial designs as to novelty consider that the Agreementas it is does not meet their requirements.
32. For this reason, a Committee of Experts on the Development of the Hague Agreement held a
series of meetings since 1991.  On July 2, 1999, a Diplomatic Conference which met in Geneva
adopted by consensus a new Act of the Hague Agreement.  On July 6, 1999, at the closing of the
Diplomatic Conference, the Geneva Act of the Hague Agreement was signed by the plenipotentiaries
of 24 States.
33. The purpose of the Geneva Act of 1999 is two-fold:
- on the one hand, to extend the Hague System to new members, particularly those
whose Office carries out a novelty examination of industrial designs.  For thatpurpose, the Geneva Act introduced in the Hague System a number of elements
aiming at facilitating accession by potential Contracting Parties, such as the
possibility of extending the refusal period to 12 months or fixing a higher designation
fee;
- on the other hand, to maintain the fundamental simplicity of the Hague System and to
render it more attractive to users.
34. The new Act also permits the establishment of a link between the international deposit system
and regional systems such as the future European Community design system or the AfricanIntellectual Property Organization (OAPI) system since it provides for certain intergovernmental
organizations to become party to the Act.
35. The new Act of the Hague Agreement has not yet entered into force.  The Geneva Act will
enter into force three months after six States have deposited their instruments of ratification oraccession, provided that at least three of those States have a certain level of activity in the field of
industrial designs, as defined in Article 28 of the treaty.  This provision aims to ensure that the
international registration procedure provided by the 1999 Act will be used to a large extent from its
entry into force.
36. The main innovations introduced by the Geneva Act of 1999 in respect of the current system,
as it results from the 1934 Act and the 1960 Act, are the subject of a WIPO publication (No. 453 (E)).TN/IP/W/4
Page 80
MEMBER COUNTRIES OF THE HAGUE UNION
Belgium (60)
Benin (34 & 60)
Bulgaria (60)
Côte d’Ivoire (34 & 60)
Democratic People’s
  Republic of Korea (60)
Egypt (34)
France (34 & 60)Germany (34 & 60)
Greece (60)
Holy See (34)
Hungary (34 & 60)
Indonesia (34)Italy (60)
Liechtenstein (34 & 60)
Luxembourg (60)
Monaco (34 & 60)Mongolia (60)
Morocco (34 & 60)
Netherlands (60)
Republic of Macedonia (60)
Republic of Moldova (60)
Romania (60)
Senegal (34 & 60)
Slovenia (60)Spain (34)
Suriname (34 & 60)
Switzerland (34 & 60)
Tunisia (34)
Ukraine (60)Yugoslavia (60)
(Total 30)
_______________
(60) Indicates a State party to the 1960 Act.
(34) Indicates a State party to the 1934 Act.TN/IP/W/4
Page 81
THE GENEVA ACT (1999) OF THE HA GUE AGREEMENT CONCERNING THE
INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
MAIN INNOVATIONS COMPARED WITH THE PRESENT
SYSTEM PROVIDED FOR  IN THE 1934 AND 1960 ACTS
OF THE AGREEMENT
Introduction
1. On July 2, 1999, a Diplomatic Conference meeting in Geneva adopted a new Act of the
Hague Agreement and Regulations thereunder.26  On July 6, at the end of the Diplomatic Conference,
the Geneva Act of the Hague Agreement was signed by the plenipotentiaries of 24 States.
2. Today therefore there are three separate Acts of the Hague Agreement, namely the London
Act (1934), the Hague Act (1960) and the Geneva Act (1999), which coexist with respect to theirsubstantive provisions on the international registration of industrial designs.
3. The Geneva Act is not yet in force, however;  it will enter into force three months after six
States have deposited their instruments of ratification or accession, provided that at least three of
those States have a certain volume of activity in the field of industrial designs, as specified in thetreaty.  The purpose of that provision is to ensure that the international registration procedure
provided for in the 1999 Act is widely used as soon as it enters into force.  So for the time being the
Hague system continues to be governed solely by the 1934 and 1960 Acts of the Hague Agreement.
27
Why a New Act of the Hague Agreement?
4. Even though the international registration system provided for in the 1934 and 1960 Acts is
being used to the satisfaction of owners of industrial designs in countries party to those Acts, the
countries themselves are still relatively few in number, and their geographical spread is small.  At
present, only 29 States are members of the Hague Un ion.  Missing from those are a certain number of
countries that are very active in the deposit of industrial designs and yet consider that the 1934 and
1960 Acts, as they stand, do not meet their needs (they are mainly the countries whose legislation
requires deposited designs to undergo examination for novelty).
5. The Geneva Act of 1999 has a twofold objective, namely:
- on the one hand, to extend the Hague system to new members;  to do that, the Geneva
Act has introduced a certain number of features into the Hague system with a view to
allowing or facilitating the accession of States whose legislation provides for a
novelty examination;
- on the other hand, to preserve the fundamental simplicity of the Hague system and
make it more attractive to applicants.
                                                     
26 The new Regulations are not intended to apply to the 1934 and 1960 Acts of the Agreement.  They
concern only the new Act.  It was considered unnecessary to have a set of uniform rules for the various Acts of
the Hague Agreement, as the expectation was that the Geneva Act would be very widely accepted, causing the
earlier Acts of the Hague Agreement to fall into disuse.
27 See WIPO Publication No. 419, "The Hague Agreement Concerning the International Deposit of
Industrial Designs:  Objectives, Main Features, Advantages".TN/IP/W/4
Page 82
6. The Geneva Act also provides for the establishment of a link between the international
registration system and regional systems, such as the future designs system of the European
Community or that of the African Intellectual  Property Organization (OAPI), by providing that
intergovernmental organizations may become party to the Act (see paragraphs 9 and 10 below).
7. The main innovations made by the Geneva Act of 1999 as compared with the present system
provided for in the 1934 and 1960 Acts may be summarized as follows.
The Name of the Hague Agreement
8. The Geneva Act changes the name of the Hague Agreement, which in future will be The
Hague Agreement Concerning the International  Registration  (replacing International Deposit ) of
Industrial Designs.  Also, throughout the Geneva Act (and the Regulations under it), the words"application" and "registration" are used instead of the word "deposit" of the 1934 and 1960 Acts.
This new terminology corresponds more closely to that to be found in existing national and regional
legislation and more accurately reflects the procedure leading to international registration under the
new Act.
Who Can Accede to the Geneva Act?
9. The possibility of acceding to the Geneva Act is available not only to States but also to certain
intergovernmental organizations.  Contracting States and contracting intergovernmental organizations
are collectively known as Contracting Parties.
10. In order to become party to the Geneva Act:
-a  State  has to meet just one condition, namely membership of WIPO;
28
-a n  intergovernmental organization  has to maintain an Office authorized to grant
protection to industrial designs with effect in the territory to which its constituting
treaty applies.  Moreover, at least one of the member States of the intergovernmental
organization has to be a member of WIPO.
11. The Contracting Parties of the new Act will be members of the same Union (the Hague
Union) as the States party to the 1934 and 1960 Acts.
Entitlement to File an International Application
12. Any person who is a national of a State that is a Contracting Party or of a member State of an
intergovernmental organization that is a Contracting Party, or has a domicile, a habitual residence  or a
real and effective industrial or commercial establishment in the territory of a Contracting Party, is
entitled to file an international application.
13. The right to file an international application on the express basis of habitual residence (being
located in the territory of a Contracting Party) is new.  The term "habitual residence", borrowed fromthe Berne Convention for the Protection of Literary and Artistic Works, has been introduced in order
to offset any too-narrow interpretation that might be put on the concept of "domicile" in certain
national or regional legislation.
                                                     
28 Unlike the 1934 and 1960 Acts, the Geneva Act does not require a Contracting State to be party to
the Paris Convention.  Every Contracting Party is, however, under Article 2(2) of the Geneva Act, obliged torespect the provisions of the Paris Convention that concern industrial designs.TN/IP/W/4
Page 83
Definition, Identification and Designatio n of "the Applicant’s Contracting Party"
14. The Contracting Party from which the applicant derives his right to file an international
application (by fulfilling, in relation to that Contracting Party, at least one of the conditions set forth
in paragraph 12 above) is called "the applicant's Contracting Party".  Where the applicant can derive
his right to file an international application from two or more Contracting Parties, "the applicant'sContracting Party" is the one which, among those Contracting Parties, is indicated as such by the
applicant in the international application.
15. The applicant’s Contracting Party may in principle be designated in an international
application.  However, any Contracting Pa rty whose Office is an Examining Office
29 may notify the
Director General that designating it in the international application has no effect when it is the
applicant’s Contracting Party.
International Application  Procedure
16. The international application may be filed, at the option of the applicant, either directly with
the International Bureau or through the Office of the applicant’s Contracting Party.  It is possible forContracting Parties to prohibit the indirect route, but they are not allowed to impose it.
Filing Date of the International Application
17. For the allocation of a filing date to an international application, the Geneva Act  makes a
distinction between applications filed directly with the International Bureau by the applicant and those
filed through the Office of the applicant’s Contracting Party.  The principles are the following:
- in the case of direct filing, the filing date is the date on which the International
Bureau receives the international application;
- in the case of indirect filing, it is the date on which the intermediary Office receives
the international application, provided that the application is received by the
International Bureau within one month thereafter.  A Contracting Party whose
legislation requires security clearance has the option of giving notice of thereplacement of the one-month period by six months.
18. Moreover, where the international application has an irregularity which is prescribed as an
irregularity entailing a postponement of the filing date of the international application, the filing date
shall be the date on which the correction of such irregularity is received by the International Bureau.
The irregularities which entail the postponement of the filing date of the international application are
indications whose importance is such that no date can be assigned as long as they have not beenprovided (for example failure to indicate the identity of the applicant, the absence of reproductions or
specimens of the designs or failure to designate at least one Contracting Party).
Contents of the International Application
19. The Geneva Act makes a distinction between three categories in the contents of the
international application, namely the mandatory contents, the additional mandatory contents where
certain Contracting Parties are designated and the optional contents.
                                                     
29 The expression "Examining Office" is defined in Article 1(xvii) of the Geneva Act as meaning an
Office that examines ex officio  applications for industrial design protection filed with it at least to determine
whether the designs satisfy the condition of novelty.TN/IP/W/4
Page 84
20. The mandatory contents  consist of the information that has to be contained in every
international application or accompany it (such as th e prescribed particulars concerning the applicant,
a reproduction30 of the designs for which protection is sought, an indication of the product or products
constituting the industrial design or in relation to which the design is to be used, an indication of the
designated Contracting Parties and the prescribed fees.
21. The additional mandatory contents  have to be included in an international application where
one or more particular Contracting Parties have been designated.  They are additional elements that
may be notified by a Contracting Party whose Office is an Examining Office.  Where that Contracting
Party is designated, the elements that it has notified have to be included in the international
application (failing which, if the applicant does not act on an invitation sent him by the International
Bureau within the prescribed period of three months, the international application is regarded as not
containing the designation of the Contracting Party concerned).  The elements that may be notified inthat way are limited to three, namely (i) information c oncerning the identity of the creator;  (ii) a brief
description of the reproduction or of the characteristic features of the industrial design in respect of
which the application is filed;  (iii) a claim.  Those three additional elements correspond to the
requirements that certain potential Contracting Parties have declared essential to the grant of a filing
date under their national legislation.
31
22. Finally, certain optional elements  may be provided by the applicant (for instance a declaration
claiming the priority of an earlier application, or a statement identifying information known by the
applicant to be material to the eligibility for protection of the design concerned), but their absence
would not constitute an irregularity in the intern ational application.  Those optional elements may be
provided by applicants as a means of avoiding refusal on the part of a designated Contracting Party.
Special Requirements
23. The Geneva Act provides for two types of special requirements that may be notified by a
Contracting Party and with which the applicant has to comply if he designates that Contracting Party
in the international application.
Special Requirements Concerning the Applicant
24. Any Contracting Party whose legislation requires the application for the registration of an
industrial design to be filed in the name of the creator of the design may notify that fact to the
Director General.  If that Contracting Party is de signated in the international application, the identity
of the creator of the industrial design has to be given and that person is deemed to be the applicant for
the purposes of the Contracting Party concerned, whether or not the international application was filed
in his name.  Furthermore, if the person mentioned in the international application as the creator is not
the same as the person named as the applicant, the international application has to be accompanied bya statement or document, depending on what the Contracting Party concerned may require, to the
effect that the international application has been assigned by the person identified in the international
application as the creator to the person named as the applicant.
                                                     
30 If deferment of the publication of a two-dimensional design is requested, the reproduction of the
industrial design (which is needed for publication) does not have to be submitted before the time of publication.Consequently, it is provided that a prescribed number of specimens of the industrial design may be submitted
with the international application in place of reproduc tions.  That option offers great advantages to certain
applicants, for instance in the textile industry.
31 At present, according to the information available to the International Bureau, the element mentioned
in item (i) is required in Brazil, Romania and the Russia n Federation, that mentioned in item (ii) is required in
the Russian Federation, the Republic of Korea and Romani a and that mentioned in item (iii) is required in the
United States of America.TN/IP/W/4
Page 85
Special Requirements Concerning the Unity of the Design
25. Any Contracting Party whose laws, at the time of its becoming party to the Geneva Act,
contain a requirement of unity of design (according to which, generally speaking, two or more
industrial designs included in the same application have to conform to the same creative concept) may
notify that fact to the Director General.  The purpos e of the notification is to enable the Contracting
Party that has made it to refuse the effects of an international registration if the requirement in
question has not been met.  In that case, the Offi ce that has issued the refusal may ask the holder of
the international registration to divide it solely for the designated Contracting Party concerned.  The
Office may charge the holder of that registration as many additional fees as divisions prove necessary
(over and above the fee for the initial international registration).  The mode of payment of additional
fees of this type is not governed by the Geneva Act or by the Regulations under it;  they will be
specified by each Contracting Party concerned, wh ich will collect them directly from the owner.
26. It is understood that such a notification does not affect the applicant’s right, even if he
designates the Contracting Party that made the notification, to include two or more industrial designs
in the international application.
Standard and Individual Designation Fees
27. The Geneva Act provides that the prescribed fees shall include a designation fee that has to be
paid for each designated Contracting Party (the amount of the fee, which will appear in a schedule of
fees forming part of the Regulations, has not yet been determined).
28. However, any Contracting Party whose Office is an Examining Office and any Contracting
Party that is an intergovernmental organization may declare that, for each international application in
which it is designated, and for the renewal of each international registration resulting from such an
international application, the standard designation fe e is replaced by an individual designation fee, the
amount of which is specified in the declaration.  That amount, although set by the Contracting Party
itself, may not exceed the amount equivalent to what the Contracting Party in question would be
entitled to receive from the applicant in the case of an application filed directly with its Office (for the
same term of protection and for the same number of  industrial designs), that amount being reduced by
the amount of the savings resulting from the international procedure.
29. The declaration concerning the individual designation fee may also specify that the fee is to
be paid in two parts, the first on the filing of the international application and the second at a later date
fixed in accordance with the legislation of the Contracting Party concerned (in practice when the
Office considers that the industrial design concerned may be granted protection on its territory).
Date of the International Registration
30. The date of the international registration is normally the filing date of the international
application (see paragraphs 17 and 18).  However, where the international application has an
irregularity relating to one of the additional elements notified by a designated Contracting Party (see
paragraph 21), the date of the international registration is the date on which the correction of suchirregularity is received by the International Bureau.
Publication
31. The international registration is in principle published six months after the date on which it
took place.  That six-month delay is intended to allow the holder of an international registration to
benefit from the de facto  deferment that he would have had if he had filed a national application
(namely the time that elapses before national publication, due account being taken of the timeTN/IP/W/4
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required for examination—both substantive and as to form—and for the technical preparations for
publication).
32. An applicant may, however, ask for the international registration to be published immediately
after the entry of the industrial design registration in the International Register.  He may also ask for
publication of the international registration to be deferred.
Deferment of Publication
33. Where the international application contains a request for deferment of publication, the
international registration will be published on the expiry of a period of 30 months from the filing date
or, if priority has been claimed, from the priority date.  However:
- where one or more of the designated Contracting Parties have declared that their
legislation authorizes deferment of publication for a period shorter than 30 months,
publication will occur on the expiry of the shortest of the periods mentioned in their
declarations;
- where one of the designated Contracting Parties has declared that deferment is not
possible under its legislation, the applicant (in so far as his international application is
accompanied by reproductions rather than specimens32) will be invited to withdraw
the designation of that Contracting Party within a period of one month following the
date of the notification sent by the International Bureau to that end.  Failing that, noaccount will be taken of the request for deferment of publication.
Confidential Copy of an International Registration
34. Where the publication of an international registration is deferred, a designated Office may
receive a confidential copy of the registration provided that it uses that copy only for the purposes of
examination or in conflict proceedings.  The sending of the confidential copy is intended in particular
to enable the Offices concerned to establish the state of the art if need be.  The sending of a
confidential copy should not be confused with the sending of a copy of the publication of the
international registration, which starts the period for the notification of refusal of protection to theInternational Bureau.
Period for Refusal
35. The prescribed period for the notification of a refusal of the effects of an international
registration is six months from the date on which the International Bureau sends a copy of the
publication of the international registration to the Office concerned.
36. However, any Contracting Party whose Office is an Examining Office or whose legislation
provides for the possibility of filing opposition to the grant of protection may notify the Director
General that a twelve-month period is substituted for the six-month period.
37. At any time during the period for refusal, an Office may send the owner a statement to the
effect that it has decided to accept the effects of international registration, even where it has not
communicated a notification of refusal.
33
                                                     
32 Where the international application is accompanied by specimens  of the design, the International
Bureau will not take account of the designation of the Contracting Party concerned and will notify the applicantaccordingly.
33 This point is reflected in an Agreed Statement adopted by the Diplomatic Conference.TN/IP/W/4
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Effects of International Registration
38. Under the Geneva Act, the international registration has the same effects, in each designated
Contracting Party as from the date of international registration, as an application for protection
regularly filed with the Office of that Contracting Party.
39. Thereafter, in every designated Contracting Party that has not notified refusal of protection, or
has notified refusal and subsequently withdrawn it, the international registration enjoys the same
protection as would have been obtained by means of an application accepted by that Contracting
Party.
40. As a general rule, the international registration produces its effects at the latest on the expiry
date of the applicable refusal period.  The words "a t the latest" indicate that any Contracting Party is
entitled to grant protection as from an earlier date, for instance from the date of international
registration.  Where the international registration has been the subject of a refusal of protection that
has been subsequently withdrawn, the internationa l registration produces its effects as from the
withdrawal of the refusal of protection.
41. Nevertheless, the effects of the international registration may be delayed with respect to a
Contracting Party in two situations.  It is possible for a Contracting Party whose Office is an
Examining Office or whose legislation provides for an opposition procedure to declare that the
international registration will produce its effects:
- at a time that may be later than the expiry of the applicable refusal period, but not by
more than six months, or
- at the time of the grant of protection under the legislation of that Contracting Party
where the communication of a decision regarding the grant of protection has beenunintentionally omitted.
Term of Protection
42. International registration is effected for an initial period of five years following the date of
international registration and may be renewed for two additional five-year periods before each of
those periods expires.  Subject to renewal, the minimum duration of protection in each designated
Contracting Party is thus 15 years following the date of international registration.
43. Moreover, if the national legislation of a Contracting Party provides for a duration of
protection in excess of 15 years for designs filed for registration by the national route, the
international registration may be renewed with resp ect to that Contracting Party for additional periods
of five years up to the expiry of the total duration of protection provided for in its national legislation.
44. Contracting Parties must notify the International Bureau of the maximum duration of
protection granted to designs by their legislation.  Information received by the International Bureau in
that way will be published for the benefit of owners.
Relations Between the Contracting Parties and States Party to the 1934 or the 1960 Act
45. The Geneva Act has no effect between a Contracting Party bound solely by the new Act and
States party to the 1934 or the 1960 Act but not to the new Act.
46. In the case of States that are party both to the Geneva Act and to the 1934 or the 1960 Act,
there arises the question of which of those Acts will be applicable in their mutual relations.  The
principle is that only the Geneva Act (the most recent) will bind those States in their mutual relations.TN/IP/W/4
Page 88
47. Consequently the 1934 and 1960 Acts will eventually fall into disuse as the States currently
party to the 1934 or the 1960 Act ratify or accede to the new Act.
Conclusion
48. The Geneva Act, which is the result of more than eight years of preparatory work, strikes a
delicate and subtle balance.  It makes allowance for the specific features of legislation that provides
for a novelty examination, and at the same time retains the essential simplicity of the Hague system.
This latter point is very important to users, as is the prospect of a broadening of the geographical
scope of the Hague system.  It remains to be hoped that such broadening will rapidly become a reality.TN/IP/W/4
Page 89
LISBON AGREEMENT FOR THE PROTECTION OF APPELLATIONS
OF ORIGIN AND THEIR INTERNATIONAL REGISTRATION
I. INTRODUCTION
1. The Lisbon Agreement for the Protection of Appellations of Origin and Their International
Registration (hereinafter referred to as "the Lisbon Agreement") was adopted in 1958 and revised at
Stockholm in 1967.  It entered into force on September 25, 1966, and is administered by the
International Bureau of WIPO, which keeps the International Register of Appellations of Origin and
publishes a bulletin entitled " Les Appellations d’origine ".
2. The Agreement is supplemented by Regulations.  The last version of these Regulations was
adopted in September 2001, with a date of entry into force of April 1, 2002.
3. The Lisbon Agreement is a Special Agreement  under Article 19 of the Paris Convention for
the Protection of Industrial Property.  Any country party to the Convention may accede to theAgreement.
4. The countries party to the Lisbon Agreement constitute the Lisbon Union.  Every member of
the Lisbon Union is also a member of its Assembly, which among other things adopts the program
and budget of the Union and modifies the Regulations.
II. OBJECTIVE
5. The Lisbon Agreement was concluded in response to the need for a system that would
facilitate the recognition and protection of appellations of origin in various countries.  Protection is
obtained by the registration of appellations  at the International Bureau of WIPO.
III. DEFINITION
6. Article 2(1) of the Lisbon Agreement defines "appellation of origin" as:
"the geographical name of a country, region or locality which serves to designate a product
originating therein, the quality and characteristics of which are due exclusively or essentially
to the geographical environment, including natural and human factors."
IV. REGISTRATION PROCEDURE AND POSSIBILITY OF REFUSAL
7. In order to qualify for registration at the International Bureau of WIPO, an appellation of
origin has to be recognized and protected as such  in the country of origin.  According to Article 2(2)
of the Lisbon Agreement, country of origin means "the country whose name, or the country in whichis situated the region or locality whose name, constitutes the appellation of origin that has given the
product its reputation".
8. Recognition and protection of the appellation of origin in the country of origin may take place
by virtue of legislative or administrative provisions or by virtue of a judicial decision or byregistration, as determined by the domestic legislation of the country of origin.
9. When an appellation of origin has been recognized and protected as such in the country of
origin, it is possible to seek its registration with the International Bureau of WIPO.  The application
for registration has to be filed by the competent national authority of the country of origin (eachTN/IP/W/4
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contracting country having notified to the International Bureau the name and address of its authority
competent to submit an international application).  If the international application is not presented to
the International Bureau by the competent authority of the country of origin, it will not be considered
as such by the International Bureau and is returned to the sender.
10. Registration is in the name of the natural persons or legal entities, public or private, having,
according to their national legislation, the right to use the appellation in the country of origin.  The
international application must also indicate the pr oduct to which the appellation applies, the area of
production of the product and an indication of the legal basis for the protection in the country of
origin.
11. The application has to be filed in English, French or Spanish and be accompanied by the
registration fee (500 Swiss francs).  The International Bureau does not carry out a substantiveexamination of the application for registration, but it does undertake an examination as to form.  If the
application meets all the requirements as to form, the International Bureau records the appellation of
origin in the International Register of Appellations of Origin and notifies the registration to the
national authorities of the countries of the Lisbon Union. The notification of the international
registration is addressed by the International Bureau  to the competent authority of each contracting
country by registered mail with acknowledgement of  receipt (enabling the International Bureau to
establish the date on which the notification was received).  The registration is also published in the
Bulletin.  If the application contains a defect of form, a period of three months is allowed for the
defect to be remedied.  If these defects are not remedied within this time-limit, the application is
rejected.
12. The international registration bears the date on which the international application was
received by the International Bureau, except where such international application does not contain any
of the following particulars:  the country of origin; the holders of the right to use the appellation of
origin; the appellation of origin for which registration is sought, and the product to which theappellation applies.  In this case, the international registration bears the date on which the last of the
missing elements was received by the International Bureau.
13. The competent authorities of the member countries notified by the International Bureau of the
registration of an appellation of origin have the right to refuse to protect it in their territory.  Their
declaration of refusal has to be notified to the International Bureau within a period of one year  from
the date of receipt of the notification of registration, and must specify in particular the grounds for
refusal.  For instance, protection may be refused because the competent authorities in question
consider that the appellation has already acquired a generic character in their territory in relation to
the product to which it refers or that the geographical denomination does not conform to the definition
of an appellation of origin in the Lisbon Agreement or because the appellation would conflict with a
trademark or other right already protected in the country concerned.
14. When the International Bureau receives a declaration of refusal within the prescribed period,
it notifies it to the competent authority of the countr y of origin, enters it in the International Register
and publishes it in the Bulletin.  The date on which a declaration of refusal has been notified to the
International Bureau is, where it has been communicated through a postal service, determined by thepostmark.  (If the postmark is illegible or missing, the International Bureau treats the declaration as if
it had been sent 20 days before the date on which it was received).  Where such declarations or such
notice are sent through a delivery service, the date of dispatch shall be determined by the information
provided by such delivery service on the basis of the details of the mailing as recorded by it.
15. If protection is not refused, the competent authority of the country in question has the option
of giving notice to the International Bureau that a period has been granted, not exceeding two years, to
third parties that were using the appellation of origin on its territory prior to the date of notification of
the international registration to terminate such use.   In that case, the competent authority of theTN/IP/W/4
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country in question has to inform the Internatio nal Bureau accordingly within the three months
following the expiry of the period of one y ear provided for the refusal of protection.
V. PROTECTION
16. Article 3 of the Lisbon Agreement provides th at protection is ensured against any usurpation
or imitation of the appellation of origin, even if the true origin of the product is stated or if theappellation is used in translated form or accompanied by terms such as "kind", "type", "make",
"imitation" and the like.
17. Legal action required for ensuring the protection of appellations of origin may be taken in
each of the contracting countries under the provision of the national legislation.  Such legal actions
may be proceeded at the instance of the competent Office or at the request of the public prosecutor, by
any interested party, whether a natural person or a legal entity, whether public or private.
VI. EFFECTS OF REGISTRATION
18. An appellation of origin which has been the subject of an international registration is to be
ensured protection as from the date of the international registration in each contracting country which
has not issued a refusal.  However, a contracting country may declare that protection is ensured in thatcountry from a different date, which may not be later than the date of expiry of the one-year refusal
period.
19. The international registration of an appellation of origin assures it of protection, without any
need for renewal, for as long as the appellation is protected as such in the country of origin.
20. Where the effects of an international registration are invalidated in a contracting country and
the invalidation is no longer subject to appeal, the competent authority of the country concerned shall
notify accordingly the International Bureau, which will enter the invalidation in the International
Register and send a copy of the notification to the competent authority of the country of origin.  Anappellation which has been granted protection in a contracting country may not however be deemed to
have become generic in that country as long as it is protected as an appellation of origin in the country
of origin.
VII. CANCELLATION AND AMENDMENT OF REGISTRATION
21. The international registration of an appellation of origin may be cancelled at any time at the
request of the competent authority of the country of origin.  That authority may likewise renounce
protection in one or more countries party to the Lisbon Agreement, either in the actual application for
registration or in a request filed later.  The competent authority of the country of origin may also
request the entry in the International Register of one or more of the following:  a change in the holder
of the right to use the appellation of origin, a modification to the names or addresses of the holders of
the right to use the appellation of origin, a modifica tion to the limits of the area of production of the
product to which the appellation of origin applies, a modification relating to the titles and dates of
legislative or administrative provisions or of court decisions recognizing protection in the country of
origin and a modification relating to the country of origin that does not affect the area of production of
the product to which the appellation of origin applies.  On the other hand, the appellation of origin
itself and the product to which it relates may not be amended in the International Register; if thesehave changed, it will be necessary to file a new application for international registration.  The fee for
entering a modification of a registration is currently fixed at 200 Swiss francs.TN/IP/W/4
Page 92
VIII. PRESENT STATUS OF THE LISBON SYSTEM
22. As of September 1, 2002, 20 States are party to the Lisbon Agreement.  842 appellations of
origin have been recorded in the International Register, of which 772 are currently in force.TN/IP/W/4
Page 93
BUDAPEST TREATY ON THE INTERNATIONAL RECOGNITION OF THE DEPOSIT OF
MICROORGANISMS FOR THE PURPOSES OF PATENT PROCEDURE*
I. INTRODUCTION
1. The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for
the Purposes of  Patent Procedure (hereinafter referred to as the "Treaty") was adopted by the
Budapest Diplomatic Conference on April 28, 1977, and it entered into force on August 19, 1980.
The Conference also adopted Regulations under the Treaty.
2. On February 1, 2002, the following 54 States were party to the Treaty:  Australia, Austria,
Belarus, Belgium, Bulgaria, Canada, China, Croatia, Cuba, Czech Republic, Democratic People’s
Republic of Korea, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India,
Ireland, Israel, Italy, Japan, Kazakhstan, Latv ia, Liechtenstein, Lithuania, Mexico, Monaco,
Netherlands, Norway, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova,
Romania, Russian Federation, Singapore, Slov akia, Slovenia, South Africa, Spain, Sweden,
Switzerland, Tajikistan, Trinidad and Tobago, Turkey, Ukraine, United Kingdom, United States of
America, Uzbekistan, Yugoslavia.
II. SUMMARY AND MAIN ADVANTAGES OF THE TREATY
Background
3. Disclosure of the invention is a generally recognized requirement, as a quid pro quo to the
public, for the grant of patents.  Normally, an invention is disclosed by means of a written description.
Where an invention involves a microorganism or other biological material (hereinafter referred to as
"microorganisms"), or the use of it (in particular in agriculture, food and pharmaceutical industries),which is not available to the public, such a description is not sufficient for disclosure.  That is why in
the patent procedure of an increasing number of countries it is necessary not only to file a written
description but also to deposit, with a specialized institution, a sample of the microorganism.  Patent
offices are not equipped to handle microorganisms, whose preservation requires special expertise and
equipment to keep them viable, to protect them from contamination and to protect health or theenvironment from contamination.  Such preservation is costly.  The furnishing of samples also
requires specialized expertise and equipment.
4. When protection is sought in several countries for an invention involving a microorganism or
the use of a microorganism, the complex and costly procedures of the deposit of the microorganism
would have to be repeated in each of those countries.  It was in order to eliminate or reduce such
multiplication, in order to enable one deposit to serve the purpose of all the deposits which wouldotherwise be necessary, that the Treaty was concluded.
Summary of the Treaty and the Regulations
5. Substantive Provisions.  The main feature of the Treaty is that a Contracting State which
allows or requires the deposit of microorganisms for the purposes of patent procedure must recognize,
for such purposes, the deposit of a microorganism with any "international depositary authority"
(Article 3(1)(a)), irrespective of whether such authority is on or outside the territory of the said State.
In other words, one deposit, with one international depositary authority, will suffice for the purposes
of patent procedure before the national patent offices (called "industrial property offices" in
                                                     
* The following text can be found in document WO/INF/12 Rev.9.TN/IP/W/4
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the Treaty) of all of the Contracting States and before any regional patent organization if such a
regional organization declares that it recognizes the effects of the Treaty (Article 9(1)).  The European
Patent Organisation (EPO), the African Regional Industrial Property Organization (ARIPO) and the
Eurasian Patent Organization (EAPO) have made such a declaration.
6. What the Treaty calls an "international depositary authority" is a scientific institution —
typically a "culture collection"—which is capable of storing microorganisms.  Such an institution
acquires the status of "international depositary authority" through the furnishing, by one of the
Contracting States, of assurances to the Director General of WIPO to the effect that the said institution
complies and will continue to comply with certai n requirements (Article 6(1)), including, in
particular, that it will be available, for the purposes of the deposit of microorganisms, to any
"depositor" (person, firm, etc.), that it will accept and store the deposited microorganisms and that it
will furnish samples thereof to anyone entitled to such samples but to no one else.  The saidassurances may be furnished also by certain intergovernmental industrial property organizations (see
Article 9(1)(a)).  The European Patent Organisation has furnished the said assurances.  To date,
33 depositary institutions have acquired the status of international depositary authority.
*
7. The Regulations contain detailed provision (Rule 11) on who is entitled — and when — toreceive samples of the deposited microorganism.  The depositor himself has a right to a sample at any
time (Rule 11.2(i)).  He may authorize any third party (authority, natural person, legal entity) to ask
for a sample and such a third party will receive a sample upon producing such an authorization
(Rule 11.2(ii)).  Any "interested" industrial property office to which the Treaty applies may ask for a
sample and will receive one;  an industrial property office will mainly be regarded as "interested"where the microorganism is needed for the purposes of patent procedure before the said office
(Rule 11.1).  Any other party may obtain a sample if an industrial property office to which the Treaty
applies certifies that, under the applicable law, such a party has the right to a sample of the given
                                                     
* Australia:  Australian Government Analytical Laboratories (AGAL);
Belgium:  Belgian Coordinated Collections of Microorganisms (BCCMTM);
Bulgaria:  National Bank for Industrial Mi croorganisms and Cell Cultures (NBIMCC);
Canada:  National Microbiological Laboratory, Health Canada (NMLHC);
China:  China Center for Type Culture Collection (CCTCC);  China General Microbiological
Culture Collection Center (CGMCC);
Czech Republic:  Czech Collection of Microorganisms (CCM);
France:  Collection nationale de cultures de micro-organismes (CNCM);
Germany:  Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSMZ);
Hungary:  National Collection of Agricultural and Industrial Microorganisms (NCAIM);
Italy:  Advanced Biotechnology Center (ABC);  Collection of Industrial Yeasts DBVPG;
Japan:  International Patent Organisms Depositary (IPOD);
Latvia:  Microbial Strain Collection of Latvia (MSCL);
Netherlands:  Centraalbureau voor Schimmelcultures (CBS);
Poland:  IAFB Collection of Industrial Microorganisms;  Polish Collection of Microorganisms
(PCM);Republic of Korea:  Korean Cell Line Research Foundation (KCLRF);  Korean Collection for
Type Cultures (KCTC);  Korean Culture Center of Microorganisms (KCCM);Russian Federation:  National Research Center  of Antibiotics (NRCA);  Russian Collection of
Microorganisms (VKM);  Russian National Coll ection of Industrial Microorganisms (VKPM),
GNII Genetika;Slovakia:  Culture Collection of Yeasts (CCY);
Spain:  Colección Española de Cultivos Tipo (CECT);
United Kingdom: CABI Bioscience, UK Centre (IMI);  Culture Collection of Algae and
Protozoa (CCAP);  European Collection of Cell Cultures (ECACC);  National Collection of
Type Cultures (NCTC);  National Collection of Yeast Cultures (NCYC);  National Collections
of Industrial, Food and Marine Bacteria (NCIMB);United States of America:  Agricultural Research Service Culture Collection (NRRL);
American Type Culture Collection (ATCC).TN/IP/W/4
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microorganism;  the elements of the certification are provided for in detail to ensure that the
maximum extent of caution will be exercised by the industrial property office before it issues a
certification (Rule 11.3(a)).
8. The Treaty and the Regulations also contain provisions allowing for what is called a "new"
deposit where samples of the originally deposited microorganisms can no longer be furnished(Article 4);  permitting the termination or limitation of the status of international depositary authority
where the said authority does not or does no longer fully comply with its assumed duties (Article 8);
requiring that all microorganisms deposited with an  international depositary authority be transferred
to another such authority if the former is about to cease functioning as such (Rule 5.1);  regulating the
content of the receipt that each international depositary authority is required to give to the depositor
for the deposited microorganism (Rule 7);  providing for the testing of the viability of the deposited
microorganisms and the issuance of viability statements (Rule 10);  allowing the internationaldepositary authority to charge a fee for each deposit, that fee covering the minimum 30 years during
which the deposited microorganism must be stored (Rules 9 and 12);  providing for a special status
and a special role for certain intergovernmental organizations (Article 9).
9. Administrative Provisions.  The States party to the Treaty constitute a Union ("the Budapest
Union") (Article 1).  The Budapest Union has an Assembly consisting of the States members of the
said Union, the main tasks of the Assembly being to deal with all matters concerning the maintenance
and development of the Union and the implementatio n of the Treaty (Article 10(2)), including the
powers to amend certain provisions of the Treaty (Article 14), to amend the Regulations
(Article 12(3)) and to take away or limit the status of any given international depositary authority(Article 8(1)).  Certain administrative tasks are entrusted to the International Bureau of WIPO
(Article 11).  The possibility of amending the Tr eaty in revision conferences is also provided for
(Article 13).
10. Guide to the Deposit of Microorganisms under the Budapest Treaty.  The Guide presents in a
systematic manner information on the procedures and requirements concerning the deposit of
microorganisms and gives practical advice to persons depositing microorganisms for patent purposes,
on the one hand, and to anyone wishing to obtain samples of such microorganisms, on the other hand.
It is regularly updated and could be consulted on the WIPO Internet website
(http://www.wipo.int/treaties/registration/budapest/guide/index.html).
Main Advantages of the Treaty
11. By acknowledging the multiple legal effect of a single deposit, the Treaty makes the patent
procedure simpler and patenting more attractive in the States party to the Treaty and reduces the
biosafety risk of transferring microorganisms into several countries.  The Treaty is primarily
advantageous to the depositor who is an applicant for patents in several countries;  the deposit of amicroorganism under the procedures provided for in the Treaty will save him money and strengthen
his security.  It will save him money because, inst ead of depositing the microorganism in each and
every country in which he files a patent application referring to that microorganism, he can deposit it
only once, with one depositary, with the consequence that in all but one of the countries in which he
seeks protection he will save the fees and costs that deposits would otherwise have entailed.  In mostcases, there will be at least one international depositary authority in the country of the depositor,
which means that he will deal with an authority which is close to him, with which he can deal in his
own language, to which he can pay the fees in hi s own currency and which he may even know from
personal experience;  in other words, he will be able to avoid dealing with distant authorities, in
foreign currencies and in foreign languages.  He will probably have a natural trust in the authority
carefully preserving the viability of the deposited microorganism and furnishing samples only to those
who are entitled to receive them under the applicable rules concerning public access to deposited
microorganisms.TN/IP/W/4
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12. The security of the depositor is increased by the fact that, for an institution to become an
international depositary authority, solemn assuran ces as to the seriousness and continued existence of
that institution must be given;  such assurances must be given by a State or by an intergovernmental
organization and they are addressed to all the Contracting States of the Budapest Union.
Consequently, it may be expected that the assurances will be strictly respected, all the more so since,
if they are not so respected, the Contracting States may take away from the defaulting institution thestatus of international depositary authority.
13. It is to be noted that the Treaty does not require the establishment of an International
Depositary Authority in a Contracting State.
14. The Treaty contains no financial provisions.  No State can be requested to pay contributions
to the International Bureau of WIPO on accoun t of its membership in the Budapest Union.
III. RATIFICATION OF AND ACCESSION TO THE TREATY
15. Conditions.  Any State member of the International (Paris) Union for the Protection of
Industrial Property may become party to the Budapest Treaty (Article 15(1)).
16. The States that have signed the Treaty may become party to it by depositing an instrument of
ratification.  Those that have not signed it may become party to it by depositing an instrument of
accession.
17. Instruments of ratification or accession are to be deposited with the Director General of
WIPO (Article 15).
__________