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Industrial Property Rights at Two Exhibitions (Of September 25 and October 5, 1965) 270 Union of Soviet Socialist Republics

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Industrial Property Rights at Two Exhibitions (Of September 25 and October 5, 1965) 270 Union of Soviet Socialist Republics Industrial Properly Monthly Review of the United International Bureaux for the Protection of Intellectual Property (BIRPI) Geneva 4th Year No. 12 December 1965 Contents INTERNATIONAL UNIONS Paris Union. Adhesion. Republic of Cyprus 270 LEGISLATION Italy. Decrees concerning the Temporary Protection of Industrial Property Rights at Two Exhibitions (of September 25 and October 5, 1965) 270 Union of Soviet Socialist Republics. I. Law Concerning Industrial Designs Ap- proved in Accordance with Order No. 535 of the Council of Ministers of the USSR, of July, 1965, by the State Committee for Coordination of Science and Research of the USSR (Order No. 232, of August 5, 1965) and by the State Committee for Inventions and Discoveries of the USSR (Order No. 49, of August 3, 1965) 270 II. Instructions Concerning Formulation of Applications for Industrial Designs Approved by Order No. 49 of the State Committee for Inventions and Discov- eries of the USSR, of August 3, 1965 273 NEW PLANT VARIETIES International Convention for the Protection of New Varieties of Plants. Ratifi- cation. United Kingdom of Great Britain and Northern Ireland 275 International Convention for the Protection of New Varieties of Plants and Some Comments on Plant Breeders' Rights Legislation in the United Kingdom (Leslie J. Smith) 275 GENERAL STUDIES 175111 Anniversary of the U. S. Patent System 286 BOOK REVIEWS International Trademark Protection (Eric D. Offner) 288 Talâlmânyok, Szabadalmak (Istvân Gazda, Dezsb" Kb'vesdi and Dr. Sândor Vida) . 288 Upphovsrättsligt skydd for Brukskonst (Seve Ljungman) 288 Le nouveau régime des marques (Paul Mathély) 289 Das Recht des unlauteren Wettbewerbs in den Mitgliedstaaten der Europäischen Wirtschaftsgemeinschaft (Eugen Ulmer) 289 NEWS ITEMS Appointment of Director of Industrial Property, Chambers of Commerce and Industry and Handicrafts (France) 289 Appointment of new Director of the National Institute of Industrial Property (France) 289 Appointment of Director General of the International Patent Institute (The Hague) 289 CALENDAR Calendar of BIRPI Meetings 290 Meetings of Other International Organizations concerned with Intellectual Property 290 NOTE: The General Statistics of Industrial Property for the Year 1964 will be published in the form of a separate inset which will be added to one of the next issues of Industrial Property 270 INDUSTRIAL PROPERTY — DECEMBER 1965 XVIII" Mercato internazionale del tessile per Vabbigliamento (Milan, October 27-30, 1965); INTERNATIONAL UNIONS II" Mostra internazionale delle attrezzature alberghiere e turi- stiche (Genoa, November 25 to December 5, 1965) shall enjoy the temporary protection provided by Laws Paris Union No. 1127 of June 29, 1939 >), No. 1411 of August 25, 19402), 3 4 Adhesion No. 929 of June 21, 1942 ), and No. 514 of July 1, 1959 ). REPUBLIC OF CYPRUS i) See Prop, ind., 1939, . 124; 1940, p. 84. 2) Ibid., 1940, p. 196. According to a communication received from the Federal 3) Ibid., 1942, p. 168. Political Department, the following note was addressed by *) Ibid., 1960, p. 23. the Embassies of the Swiss Confederation in the countries of the Paris Union to the Ministries of Foreign Affairs of those countries: . ( 1 ranslation) UNION OF SOVIET SOCIALIST REPUBLICS " In compliance with the instructions of the Federal Poli- I (Translation) tical Department, dated December 17, 1965, the Swiss Em- bassy has the honour to inform the Ministry of Foreign Affairs Law Concerning Industrial Designs that the Government of the Republic of Cyprus informed the Approved in accordance with Order No. 535 of the Council Government of the Swiss Confederation of the adhesion of of Ministers of the USSR, of July 9, 1965, by the State Com- that State to the Paris Convention for the Protection of In- mittee for the Coordination of Science and Research of the dustrial Property of March 20, 1883, as revised at Lisbon on USSR (Order No. 232, of August 5, 1965) and by the State October 31, 1958. Committee for Inventions and Discoveries of the USSR (Order " This communication is made in application of Article No. 49, of August 3, 1965) 16 (2) of the above-mentioned Convention. In conformity with paragraph (3) of this article, the adhesion of Cyprus will take 1. — By "industrial design"1) [industrial design2), mod- effect on January 17, 1966. el3)] is understood a new artistic conception of an article, " With regard to its contribution to the expenses of the suitable for production by industrial means, in which a unity International Bureau of the Union, this State is placed, at its of technical and aesthetic qualities is achieved. request, in the Sixth Class for the purposes of Article 13 (8) Industrial designs of industrial articles, other than haber- and (9) of the Paris Convention as revised at Lisbon. " dashery, sewn and knitted goods, fabrics (with the exception of decorative fabrics), footwear, and headwear, are subject to State registration and legal protection. This adhesion will bring the Membership of the Union to 74 countries '). 2. — The author of an industrial design may, at his dis- cretion, request either mere recognition of his authorship, or i) See Industrial Property, 1965, p. 239 (Algeria). recognition of his authorship and also of his exclusive right in the industrial design. In the first case, a certificate of authorship shall be issued for the industrial design; in the second case, a patent. The forms of certificates and patents shall be approved by the State Committee for Inventions and Discoveries of LEGISLATION the USSR4). If the industrial design is created in connection with the author's work in, or upon the instructions of, a State, co- ITALY operative or public enterprise (organization) in the USSR, Decrees or if the author of the design has been granted pecuniary or other material assistance by a State, cooperative or public concerning the Temporary Protection of Industrial Property enterprise (organization), a patent may not be issued in res- Rights at Two Exhibitions pect of such design, but rather a certificate. (Of September 25 and October 5, 1965) ') 3. — No certificate or patent in respect of an industrial Single Article design may be issued if an identical or similar design: Industrial inventions, utility models, designs or models ') IIpoMbimjieHHBiH o6pa3erj. and trademarks relating to objects appearing at the following 2) IIpOMblinjieHHblH pncyHOK. exhibitions: 3) MoaeJib. 4) rocyaapcTBeHHMfi KOMHTeT no flejiaM H3o6peTeHHÖ 1) Official communication from the Italian Administration. H OTKpfalTHH CCCP. LEGISLATION 271 (a) has been filed or registered in the USSR as an industrial cating the surname, first name, and patronymic, of the author design; (authors), the date of receipt of the application, the designa- (b) has been described in the public press in the USSR, or tion of the industrial design, and the title of the enterprise is known, at the time of filing the application, from (organization), if application has been made in the name of foreign publications available in the USSR, except in an enterprise (organization). cases where publication took place during the six months The date of priority of an industrial design shall be estab- preceding the date of filing the application; lished as the date of receipt of the application for issue of (c) has been openly used or displayed at exhibitions on the a certificate or patent by the State Committee for Inventions territory of the USSR prior to filing of the application, and Discoveries of the USSR, and, in the event of dispute, as unless such use or display occurred during the six months the date of mailing the application, or the date of filing the preceding the date of application. application with the enterprise (organization). No certificate or patent shall be issued in respect of an 7. — Examination of applications for the issue of certi- industrial design conflicting with the requirements of So- ficates or patents for industrial designs received by the State cialist morality. Committee for Inventions and Discoveries of the USSR shall 4. — A certificate or patent in respect of an industrial be made by the Ail-Union Scientific Research Institute for design shall be issued on the basis of an application drawn Technical Aesthetics of the State Committee for the Coor- 1 up in due form and filed with the State Committee for Inven- dination of Science and Research of the USSR ). tions and Discoveries of the USSR. Where necessary, and if requested by the All-Union Scien- The procedure for formulation and filing of applications tific Research Institute for Technical Aesthetics, State, co- for the issue of a certificate or a patent for an industrial operative and public enterprises (organizations) shall, within design shall be established by the State Committee for Inven- one month, present, free of charge, their findings with regard tions and Discoveries of the USSR. to the suitability for production by industrial means of designs submitted to them for consideration. 5. — Authors of industrial designs working in enterprises The Ail-Union Scientific Research Institute for Technical and in scientific research and other organizations in the USSR Aesthetics shall, within four months of receipt of an applica- shall normally file applications for the issue of certificates tion concerning an industrial design, inform the State Com- for designs through the intermediary of the enterprise (or- mittee for Inventions and Discoveries of the USSR of its ganization) in which they work. Enterprises (organizations) findings with regard to the novelty, aesthetic qualities,- and must assist authors in formulating such applications. suitability for production by industrial means, of the design. The enterprise (organization) shall, within one month, 8. — The State Committee for Inventions and Discoveries transmit the application for issue of a certificate to the State of the USSR may, whenever necessary, invite the author of Committee for Inventions and Discoveries of the USSR, the industrial design to participate in the examination of his together with its findings concerning the suitability of the application for the issue of a certificate.
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