Regarding Article 15 It is understood that Article 15 does not constitute
With respect to Article 3
It is understood that the indication in Articles 5 (a) and 16 (a) (iv)Rome Convention on “another citizenOf a Contracting State ”when applyingto this Agreement will mean in relation toan intergovernmental organizationContracting Party to this Agreement,a citizen of one of the member countries of thisorganizations.
With respect to Article 3 (2)
For the purposes of applying Article 3 (2), it is understood thatrecording means the completion of productionmaster tape ("master tape" or "bande-mere").
With respect to Articles 7, 11 and 16
The right of reproduction as defined inArticles 7 and 11, and the exceptions allowed inregarding this right through Article 16, in fullare used in the digital environment and, in particular, inregarding the use of performances and phonogramsin digital form. It is understood that storageprotected performance or phonogram indigital form in an electronic medium isreproduction in the sense of these articles.
With respect to Article 15
It is understood that Article 15 does not constitutethe final decision on the level of rights tobroadcasting and communication for the generalinformation to be usedperformers and producers of phonograms indigital era. Delegations failed to reachconsensus on various proposals inregarding aspects of exclusivity, whichshould be provided in certaincircumstances, or in relation to rights thatmust be provided without the possibilityreservations, and therefore this question was left tofurther solution.
With respect to Article 15
It is understood that Article 15 does not precludegranting the right provided for by thisArticle, performers of folklore andphonogram producers recordingfolklore, if such phonograms were notpublished for commercial benefit.
With respect to Article 16
Agreed statement regarding Article 10(on Limitations and Exceptions) of the WIPO Treaty oncopyright applies, subject torelevant amendments, also to Article 16 (v.limitations and exceptions) of the WIPO Treaty onperformances and phonograms.
With respect to Article 19
Agreed statement regarding Article 12(on obligations with regard to information onRights Management) of the WIPO Copyright Treatythe law applies, taking into account the relevantamendments, also to Article 19 (on the obligationsfor Rights Management Information)WIPO Performances and Phonograms Treaty.
Madrid Agreement Concerning the Internationalregistration marks
of April 14, 1891
(revised at Brussels on December 14, 1900d., in Washington on June 2, 1911, in The Hague on November 6, 1925,in London on June 2, 1934, in Nice on June 15, 1957 and inStockholm July 14, 1967)
Article 1. EducationSpecial Union. Submission of applications for registrationmarks at the International Bureau. Country definitionorigin
Countries to which this applies Agreement, form a Special Union for international registration of marks. Citizens of each contracting country can provide yourself in all other countries – parties to this Agreement to protect used on goods or in the provision of services, their marks registered in the country origin, by filing through Administration of the said country of origin applications for the indicated marks to the International Bureau intellectual property (hereinafter referred to as "International Bureau"), provided The Convention Establishing the World Organization Intellectual Property (hereinafter referred to as "Organization"). The country of origin is the country A special union where the applicant has valid and serious industrial or trading company; if he doesn’t have one enterprises in the country of the Special Union – country Special Union where he has residence; if he has no place of residence in the country of the Special Union – the country of its citizenship, if it is a citizen of the countries of the Special Union.
Article 2.see Article 3 of the Parisconvention (Equation of some categoriespersons to citizens of the countries of the Union)
To citizens of the contracting countriescitizens of countries that are notacceded to this Agreement,who are on the territory of the Special Union,established by this Agreement, satisfyconditions established by Article 3 of the Parisconventions for the protection of industrial property.
Article 3. Content of the application forinternational registration
Any application for international registration must be presented on a form, prescribed by the Regulation on the implementation Agreements; Administration of the country of origin mark certifies that given in this application information is consistent with national registry, and indicates the dates and numbers of the application and registration of the mark in the country of origin, and See also the date of the application for the international registration. The applicant must indicate the goods or services on which protection of the mark is claimed, as well as if possibly their corresponding class or classes according to the classification established by Nice international classification agreement goods and services for the registration of marks. If a the applicant does not make such an indication, The International Bureau classifies products itself or services in the corresponding classes of the specified classification. Classification indicated by the applicant, subject to verification by the International bureau, which carries out it in conjunction with the National Administration. When disagreements between the national administration and The International Bureau’s decision is final. If the applicant is classified as a distinctive signs of its color, then it is obliged to: declare this and indicate the color in the application or a combination of colors to be protected; attach copies of the said signs in color, which will attached to those sent by the International Bureau notifications. The number of these copies is determined by the Regulation on the implementation Agreements. The International Bureau immediately registers marks declared in accordance with Article 1. The date of registration is the date of application for international registration in the country origin, provided that the International the bureau will receive an application within two months, counting from the date of this filing. If the application was not received https://123helpme.me/1984-summary/ on that date, International Bureau registers the application by the date of its receipt. The International Bureau shall immediately notify registration to interested Administrations. Registered marks are published in periodical journal published by the International bureau, based on the data contained in the application for registration. In the Regulations for the implementation Of the agreement, it is determined whether the applicant is obliged represent clichés of characters containing pictorial or special graphic elements. For the purpose of publishing registered marks in contracting countries each Administration receives from the International Bureau certain number of copies of the mentioned publication free of charge and a certain number of copies reduced price in proportion to the number of units in in accordance with the provisions of Article 16 (4) (a) Paris Convention for the Protection of Industrial property on terms established Regulations for the implementation of the Agreement. This publication will be considered in all the contracting countries is sufficient, and no other will be required from the applicant.
Article 3bis "Territoriallimitation"
About international registration in the territoryRussia, see the USSR statement made atsigning this agreement
Each contracting country may, at any time to notify the General Director of the Organization (hereinafter referred to as "Director General") that the security, arising from international registration will be provided in that country only if the owner of the mark is directly will ask for it in the application. This notice will only take effect after six months after the date of the message that will be done on this occasion by the General director to other contracting countries.
Article 3ter Requirement for"territorial expansion"
The requirement to extend the protection of the mark to on the basis of his international registration at the country taking the opportunity, provided by Article 3 bis should be specifically indicated in the application provided for Article 3 (1). Territorial expansion requirement, declared after international registration, must be sent through the Administration country of origin of the mark on the letterhead, prescribed by the Regulation on the implementation Agreements. This requirement is immediate is registered by the International Bureau, which without delay notifies interested parties Administration. The requirement is published in periodical journal published by the International the Bureau. Territorial expansion takes effect from the date of the corresponding entry in the International registry; it ceases to operate on expiration of the international registration sign to which it refers.
Article 4. Consequences of internationalregistration
From the moment of registration made by such manner at the International Bureau in accordance with provisions of Articles 3 and 3-ter, in each interested contracting country sign the same protection is granted as if he was stated there directly. Classification products or services provided for in Article 3 are not binds the contracting countries in relation to determination of the scope of protection of the mark. Any sign that was a subject international registration, enjoys the right priority established by Article 4 of the Paris conventions for the protection of industrial property; it is not necessary to execute the formalities provided for in paragraph D of this articles.
Article 4bis Replacement of internationalregistration of previous nationalregistrations
When a mark declared in one or more contracting countries, subsequently is registered by the International Bureau in the name of the same the owner or his successor, it is considered that international registration replaces previous national registrations not infringing on the rights acquired by virtue of these previous registrations. The National Administration is obliged to the requirement to make a note in their registers about international registration.
Article 5. Denial of protectionnational Administrations
In countries where it is provided legislation, Administrations notified By the International Bureau to register a mark or the requirement to expand protection in accordance with article 3-ter, have the right to declare that the protection of this there can be no sign on their territory provided. Such a refusal may be based on only on the terms that apply in compliance with the Paris Convention for the Protection industrial property to the mark claimed for national registration. However, the guard does not can be refused even partially on that only on the basis that national law provides only registration limited number of classes or limited number of goods or services. Administrations wishing to take advantage of this right, must communicate their refusal with giving all the reasons to the International Bureau in the period provided for by their national legislation, and at the latest before the end year calculated from the date of the international registration of a mark or requirement to expand protection in accordance with Article 3 ter. The International Bureau will promptly transmit The administration of the country of origin of the mark and the owner of the mark or his attorney, if about the last mentioned Administration informed Bureau, one of the copies of the notice of refusal. The interested person is provided with the same conditions for appeal, as if the mark was it declared directly in the country where it was denied protection. The reasons for refusing to protect the mark must be communicated by the International Bureau to all interested parties who require it. Administrations that are in the above maximum term – one year not reported to The International Bureau of its preliminary or final decision to refuse registration mark or extension of protection are lost in relation to sign in question, right, provided for in paragraph (1) of this article. The invalidity of an international mark is not can be declared by the competent authorities without providing the owner of the mark with sufficient time to protect their rights. Decision on recognition of an international mark void reported to the International the Bureau.
Article 5bis Documentaryconfirmation of legality of useindividual elements of signs
If the documents certifying the legalityuse of individual elements containedin signs such as coats of arms, heraldic shields,portraits, insignia, titles, tradenames or names of persons other thanthe applicant’s name, as well as other similardirections requested by Administrationscontracting countries, they are exempt fromany legalization and any certification,except for the certificate of the Administration of the countryorigin.
Article 5ter Copies of entries inInternational Register. Expertise for novelty.Extracts from the International Register
The International Bureau issues to any person on his the request and subject to the payment of the duty, established by the Regulation on the implementation Of the Agreement, a copy of the mark record made in Registry. The International Bureau may also, for remuneration to produce the register and on the fund international marks. Extracts from the International Register, requested for the purpose of their reproduction in one from contracting countries are exempt from any legalization.
Article 6. Period of validityinternational registration. Independenceinternational registration. Termination of protection incountry of origin
Registration of a mark with the International Bureau produced for a period of twenty years from allowing renewal protection under the conditions provided for in Article 7. After five years from the date of the international registration of the mark the latter becomes independent of the national mark, pre-registered in the country origin, subject to the following provisions. Protection resulting from international registration of a mark, assigned or not, is not may be terminated in whole or in part, if after five years from the date of the international registration of a mark a national mark, previously registered in the country of origin in accordance with article 1, no longer uses wholly or partly legal protection in this country. This provision also applies to the case when such legal protection is terminated subsequently as a result of consideration legal action filed before expiration five-year term. In the case of voluntary or mandatory revocation of the mark by the country administration of origin asks for the cancellation of the mark The International Bureau, which then carries out this operation. In case of litigation the said Administration sends The International Bureau, on its own initiative or the plaintiff’s statement a copy of the statement of claim or any other document supporting this claim, and also the final decision of the court; The Bureau makes a note about this in the International Register.
Article 7. Extension of the internationalregistration
Registration can always be renewed by period of twenty years after the previous period, by paying the principal duties and, if necessary, additional and additional fees, provided for in paragraph 2 of Article 8.