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Industrial Property in 1980 - 83 INTERNATIONAL UNIONS — Hague Agreement

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Industrial Property in 1980 - 83 INTERNATIONAL UNIONS — Hague Agreement Industrial Published monthly Annual subscription : Sw.fr. 115.— Each monthly issue : Sw.fr. 10.— Property 20th Year - No. 3 Monthly Review of the March 1981 World Intellectual Property Organization (WIPO) Contents ACTIVITIES OF THE INTERNATIONAL BUREAU — The Paris Union and Industrial Property in 1980 - 83 INTERNATIONAL UNIONS — Hague Agreement. Accession to the Protocol of Geneva (1975) : Monaco 95 — Nice Agreement (Classification/Marks). Ratification of the Geneva Act (1977): Monaco 95 PLANT VARIETIES — UPOV in 1980 95 WIPO MEETINGS — Locarno Union. Committee of Experts on the International Classification for Industrial Designs 99 GENERAL STUDIES — The Role of Trademarks in Consumer Protection and Development in Developing Countries (M. Gabay) 102 BOOK REVIEWS 113 CALENDAR OF MEETINGS 114 INDUSTRIAL PROPERTY LAWS AND TREATIES — Editor's Note — DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA — Law on Inventions and Innovations (of December 27, 1978, as revised) Text 2-001 — MULTILATERAL TREATIES Regulations under the Patent Cooperation Treaty (as in force on January 1, 1981) (Second Segment: Parts C to F) Text 2-007 © WIPO 1981 Any reproduction of official notes or reports, articles and translations of laws or agreements published in ISSN 0019-8625 this review is authorized only with the prior consent of WIPO. 83 ' Activities of the International Bureau The Paris Union and Industrial Property Diplomatic Conference of Revision in 1980* The first session of the Diplomatic Conference on the Revision of the Paris Convention was held in Geneva from February 4 to March 4, 1980. Delega- A. PROGRAM ACTIVITIES tions from 89 countries participated; 14 intergovern- mental organizations and 16 international non-gov- I. Membership of the Paris Union ernmental organizations were represented. The num- ber of participants in the first session was about 450. The Republic of Korea and the Democratic The Conference was opened by the Director General, People's Republic of Korea deposited instruments of and the Secretariat was provided by the staff of WIPO. accession to the Paris Convention for the Protection of The meetings were held in the Centre international de Industrial Property (Stockholm Act), in February and conférences de Genève (CICG). March 1980, respectively, bringing the membership of The Diplomatie Conference elected its officers and the Paris Union to 89 States. the officers of its three Main Committees. It took the Instruments of ratification or accession in respect of required decisions on the composition and officers of the administrative provisions of the Stockholm Act the Credentials Committee and the Drafting Commit- (1967) of the Paris Convention were deposited by tee. Argentina, Indonesia, and the Philippines, already The list of participants, the list of Officers, the list of members of the Paris Union. countries members of the Credentials Committee and As far as the Socialist Republic of Viet Nam is of the Drafting Committee, the list of spokesmen of concerned, it is to be noted that the Government of the three groups of countries and the list of WIPO staff that country has not yet informed the International members constituting the Secretariat of the Confer- Bureau whether that Government considers that ence were published in the May 1980 issue of country to be a member of the Paris Union. This is why Industrial Property, together with an account of the lists of member countries issued by the International preparatory work for the Conference. Bureau and some other publications of the Inter- The Rules of Procedure of the Diplomatic Confer- national Bureau contain a note to the effect that the ence were adopted without a vote but with one situation of Viet Nam in respect of the Paris Union is opposition on March 1, 1980. The question which had under consideration. remained unresolved until that date was the majority required for the final adoption by the Diplomatic Conference of the Revised Text of the Paris Conven- II. Revision of the Paris Convention tion. The corresponding rule (Rule 36(1)), as adopted, reads as follows: Objective "The Conference, meeting in Plenary Session, shall endea- vour to achieve final adoption of the Revised Text by consensus. The objective is to revise the Paris Convention for However, if consensus cannot be attained, the final adoption of the Revised Text shall require a majority of 2h, provided that the the Protection of Industrial Property in order to number of States voting against its approval shall not exceed 12 introduce in it new provisions and to change certain (twelve). In case the Revised Text is not approved on a first vote existing provisions to meet better the needs of devel- as prescribed above a second vote under the same rules will take place not less than 48 hours later. If, in the second vote, the oping countries. Furthermore, the revision should Revised Text is not approved, a third vote will take place not less introduce new provisions giving full recognition to than 48 hours later than the second vote. The third vote shall be "inventors' certificates," a form of protection of taken under the same rules but by means of a secret ballot." inventions existing in several Socialist countries. Discussions on the basic proposals in the three Main Committees started only after the adoption of the Rules of Procedure and could therefore last only one * This article is a continuation of an account of the main activities ofWIPOin 1980. It describes activities of the Paris Union and in the day. During those discussions, several proposals were field of industrial property. Activities of WIPO as such were made concerning the substance of the basic propos- covered in the February issues of Industrial Property and Copyright. als. The March issue of the latter review covers activities of the Beme Union and in the field of international copyright and neighboring On March 4, the Diplomatic Conference adopted rights. the following Decision: 84 INDUSTRIAL PROPERTY — MARCH 1981 "The Diplomatic Conference on the Revision of the Paris The preparatory documents for the separate con- Convention for the Protection of Industrial Property, meeting in Geneva from February 4 to March 4, 1980, ference on the protection of the Olympic symbol were "Considering that it was not possible to complete its agenda prepared and mailed by the International Bureau in by the date foreseen, December 1980. "Noting that, consequently, it is necessary to continue its work, "Requests the Assembly of the International Union for the Protection of Industrial Property to meet in extraordinary III. Promotion of the Acceptance, and Preparation session from September 22 to 26, 1980, in order to take the measures necessary for the continuation of the Diplomatic for the Entry into Force, of Certain Conference at the earliest possible date in 1981 and to give the Industrial Property Treaties appropriate directions to the International Bureau of Intellectual Property." Objective In connection with the above Decision, the Diplo- matic Conference noted the following declaration by The objectives are to ensure that more countries its President: ratify or accede to treaties dealing with the inter- national protection of industrial property or certain "The Decision of the Conference speaks about the 'contin international classifications (Paris Convention, Trade- uation' of the Conference since it is clearly understood that the second session of the Conference will not be a new Diplomatic mark Registration Treaty (TRT), Vienna Agree- Conference but the continuation of the present Diplomatic ment (Figurative Elements of Marks), Budapest Conference on the basis of what has already been adopted." Treaty (Microorganisms), Geneva Treaty (Scientific The provisional Summary Minutes of the first Discoveries), Strasbourg Agreement (IPC), Nice session of the Diplomatic Conference were issued for Agreement (Trademark Classification) and Locarno comments in August 1980. Agreement (Industrial Designs Classification)), to In March 1980, the Government of Kenya con- ensure also that governments preparing legislative firmed an invitation, announced by its Delegation action for the acceptance of certain treaties have at during the first session, to hold the second session of their disposal the necessary documentation, and to the Diplomatic Conference in Nairobi. In April and ensure that when these treaties enter into force October 1980, WIPO officials undertook missions to everything required for their application should be Nairobi for discussion of the administrative aspects of ready. the said invitation with the competent authorities of Trademark Registration Treaty. Following the the Kenyan Government. deposit by the Soviet Union in February 1980 of its As requested by the Diplomatic Conference on the instrument of accession to the Trademark Registra- Revision of the Paris Convention at its first session, tion Treaty (TRT), the said Treaty entered into force the Paris Union Assembly met in extraordinary on August 7, 1980, for Togo, Gabon, Upper Volta, session in September 1980 in order to take the the Congo and the Soviet Union (listed in order of measures necessary for the continuation of the Diplo- dates of accession). matic Conference. The Assembly noted with sincere The TRT Union Assembly held its first session in appreciation the invitation of the Government of September 1980. It took decisions on the adoption of Kenya to hold the second session of the Diplomatic its rules of procedure (having received the advice of Conference in Nairobi. It accepted
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