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No. 11848 MULTILATERAL Madrid Agreement for the Repression Of No. 11848 MULTILATERAL Madrid Agreement for the repression of false or deceptive in dications of source on goods of April 14, 1891, revised at Washington on June 2,1911, at The Hague on Novem ber 6,1925, at London on June 2,1934,, and at Lisbon on October 31, 1938. Done at Lisbon on 31 October 1958 Additional Act of Stockholm of July 14, 1967 to the above- mentioned Agreement. Done at Stockholm on 14 July 1967 Authentic texts: French. Registered by the Director General of the World Intellectual Property Organiza tion, acting on behalf of the Parties, on 30 June 1972. MULTILATÉRAL Arrangement de Madrid concernant la répression des indica tions de provenance fausses ou fallacieuses du 14 avril 1891 revisé à Washington le 2 juin 1911, à La Haye le 6 novembre 192;5, à Londres le 2 juin 1934 et à Lisbonne le 31 octobre 1958. Conclu à Lisbonne le 31 octobre 1958 Acte de Stockholm du 14 juillet 1967 additionnel à l'Arrange ment susmentionné. Conclu à Stockholm le 14 juillet 1967 Textes authentiques .-français. Enregistrés par le Directeur général de l'Organisation mondiale de la propriété intellectuelle, agissant au nom des parties, le 30 juin 1972. 1972______Nations Unies — Recueil des Traités_______165 [TRANSLATION 1 TRADUCTION2] MADRID AGREEMENT FOR THE REPRESSION OF FALSE OR DECEPTIVE INDICATIONS OF SOURCE ON GOODS OF APRIL 14, 1891,3 REVISED AT WASHINGTON ON JUNE 2, 1911,4 AT THE HAGUE ON NOVEMBER 6, 1925,5 AT LONDON ON JUNE 2, 1934,6 AND AT LISBON ON OCTOBER 31, 19587 Article 1 (1) All goods bearing a false or deceptive indication by which one of the countries to which this Agreement applies, or a place situated therein, is 1 Translation supplied by the World Intellectual Property Organization. 2 Traduction fournie par l©Organisation mondiale de la propri t intellectuelle. 3 British and Foreign State Papers, vol. 96, p. 837. 4 Ibid., vol. 104, p. 137. 5 League of Nations, Treaty Series, vol. LXXIV, p. 319. 6 Ibid., vol. CXCII, p. 9. 7 Came into force on 1 June 1963 between the following countries, which had deposited their instrument of ratification with the Government of Switzerland, or whose application for accession had been notified by the latter by 1 May 1963 at the latest, in accordance with article 6 (1) and (2): Date of deposit of the instrument of ratification, or of notification Country of application for accession (a} France ..................................................... 24 March 1961 (With a declaration to the effect that the ratification shall apply to all the territories of the French Republic: Metropolitan Depart ments, Algerian Departments, Departments of the Sahara, Depart ments of Guadeloupe, Guyana, Martinique and Reunion, and Overseas Territories.) Federal Republic of Germany ................................. 28 July 1961 (With a declaration to the effect that the Agreement shall also apply to Land Berlin with effect from the day it will come into force for the Federal Republic of Germany.X1) Czechoslovakia.............................................. 12 August 1961a Monaco .................................................... 2 September 1961 United Kingdom of Great Britain and Northern Ireland .......... 6 {September 1961 (With the following declaration: "With regard to the International Agreement for the Suppres sion of False Indications of Origin on Goods, the Embassy have the honour to declare that, in the view of Her Majesty©s Govern ment, the United Kingdom, by its present legislation, gives full and complete effect to the Arrangement of Madrid as revised at Lisbon on the 31st of October, 1958, and l:hat the United Kingdom domes tic legislation does not impair this Arrangement in any way.") Switzerland ................................................. 25 June 1962 (©) The following countries notified the Government of Switzerland of the communications by which they objected to the declaration by the Federal Republic of Germany: Cuba, Czecho slovakia, Hungary, Poland, Romania. Subsequently, the Agreement came into force in each of the following countries after the notifica tion by the Government of Switzerland of the deposit of its instrument of accession, in accordance with article 6 (1) and (2): (Continued mpage m N" 11848 1972 Nations Unies — Recueil des Traités 167 directly or indirectly indicated as being the country or place of origin shall be seized on importation into any of the said countries. (2) Seizure shall also be effected in the country where the false or deceptive indication of source has been applied, or into which the goods bearing the false or deceptive indication have been imported. (3) If the laws of a country do not permit seizure upon importation, such seizure shall be replaced by prohibition of importation. (Footnote 7 continued from page 165) Date of notification Country of the accession Date of entry into force Algeria ............................. 5 April 1972 5 July 1972(©) Cuba............................... 11 September 1964 11 October 1964 German Democratic Republic ......... 15 December 1964(2) 15 January 1965 Hungary............................ 23 February 1967 23 March 1967 (With the following declaration: [Translation—Traduction] With re gard to article 5 (2) of the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods or 14 April 1891, revised at Washington on 2 June 1911, at the Hague on 6 November 1925, at London on 2 June 1934, and at Lisbon on 31 Oc tober 1958, the Presidential Council of the Hungarian People©s Republic wishes to state that it adheres to the principles embodied in the Declaration adopted on 14 December 1960(3;i by the United Nations General Assembly guaranteeing the independence of colonial countries and peoples. Ac cordingly, the Presidential Council of the Hungarian People©s Republic considers that colonialism, in any of its forms and manifestations, is contrary to existing international law.) Ireland ............................. 9 May 1967 9 June 1967 Israel............................... 2 June 1967 2 July 1967 Italy ............................... 29 November 1968 29 December 1968 Japan .............................. 21 July 1965 21 August 1965 Liechtenstein ....................... 10 March 1972 10 April 1972 Morocco............................ 15 April 1967 15 May 1967 Sweden............................. 3 September 1969 3 October 1969 (©) The date of entry into force, in respect of Algeria, of the Additional Act of Stockholm of 14 July 1967 to the above-me:ntioned Madrid Agreement (see p. 177 of this volume). (*) The Governments of the following States have sent communications to the depositary to the effect that they objected to that instrument: Australia, Austria, Belgium, Brazil, Canada, Central African Republic, Denmark, Federal Republic of Germany, France, Greece, Haiti, Holy See, Iceland, Iran, Ireland, Ivory Coast, Japan, Luxembourg, Madagascar, Nether lands, New Zealand, Niger, Norway, Portugal, Republic of Viet Nairn, San Marino, South Africa, Spain, Sweden, Switzerland, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America. (3) United Nations, Official Records of the General Assembly, Fifteenth Session, Supple ment No. 16 (A/4684), p. 66. N 11848 1972______Nations Unies — Recueil des Traités________169 (4) If the laws of a country permit neither seizure upon importation nor prohibition of importation nor seizure within the country, then, until such time as the laws are modified accordingly, those measures shall be replaced by the actions and remedies available in such cases to nationals under the laws of such country. (5) In the absence of any special sanctions ensuring the repression of false or deceptive indications of source, the sanctions provided by the corresponding provisions of the laws relating to marks or trade names shall be applicable. Article 2 (1) Seizure shall take place at the instance of the customs authorities, who shall immediately inform the interested party, v/hether an individual person or a legal entity, in order that such party may, if he so desires, take appropriate steps in connection with the seizure effected as a conservatory measure. However, the public prosecutor or any other competent authority may demand seizure either at the request of the injuced party or ex officio; the procedure shall then follow its normal course. (2) The authorities shall not be bound to effect seizure in the case of transit. Article 3 These provisions shall not prevent the vendor from indicating his name or address upon goods coming from a country other than that in which the sale takes place; but in such case the address or the name must be accom panied by an exact indication in clear characters of the country or place of manufacture or production, or by some other indication sufficient to avoid any error as to the true source of the wares. Article 3bis The countries to which this Agreement applies also undertake to pro hibit the use, in connection with the sale or display or offering for sale of any goods, of all indications in the nature of publicity capable of deceiving the public as to the source of the goods, and appearing on signs, advertise ments, invoices, wine lists, business letters or papers, or any other com mercial communication. Article 4 The courts of each country shall decide what appellations, on account of their generic character, do not fall within the provisions of this Agr a it 11848 1972 Nations Unies — Recueil des Traités 171 ment, r gional appellations concerning the source of products of the vine being, however, excluded from the reservation specified by this Article. Article 5 (1) Countries of the Union for the Protection of Industrial Property which have not acceded to this Agreement may accede at their request in the manner prescribed by Article 16 of the General Convention. 1 (2) The provisions of Articles 16 bis and 17 bis of the General Conven tion shall apply to this Agreement. Article 6 (1) This Act shall be ratified and the instruments of ratification depo sited at Berne not later than May 1, 1963. It shall come into force, between the countries in whose names it has been ratified, one month after that date.
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