Lisbon Agreement for the Protection of Appellations of Origin and their International Registration |
保护原产地名称及其国际注册里斯本协定
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of October 31, 1958,
as revised at Stockholm on July 14, 1967,
and as amended on September 28, 1979 |
1958年10月31日签订,
1967年7月14日修订于斯德哥尔摩,
并于1979年9月28日修正
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Article 1
Establishment of a Special Union; Protection of Appellations of Origin Registered at the International Bureau |
第一条
建立特别联盟;保护国际局注册的原产地名称
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(1) The countries to which this Agreement applies constitute a Special Union within the framework of the Union for the Protection of Industrial Property.
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一、在保护工业产权联盟的框架内,本协定所适用的国家组成特别联盟。
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(2) They undertake to protect on their territories, in accordance with the terms of this Agreement, the appellations of origin of products of the other countries of the Special Union, recognized and protected as such in the country of origin and registered at the International Bureau of Intellectual Property (hereinafter designated as "the International Bureau" or "the Bureau") referred to in the Convention establishing the World Intellectual Property Organization (hereinafter designated as "the Organization").
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二、联盟各国承诺,依照本协定的规定,在其领土内保护本特别联盟其他国家产品的原产地名称,这些原产地名称得到原属国的承认和保护,并在《建立世界知识产权组织(以下简称“本组织”)公约》所指的知识产权国际局(以下简称“国际局”)注册。 |
Article 2
Definition of Notions of Appellation of Origin and Country of Origin |
第二条
原产地名称及原属国概念的定义
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(1) In this Agreement, "appellation of origin" means the geographical denomination of a country, region, or locality, which serves to designate a product originating therein, the quality or characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors.
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一、在本协定中,原产地名称系指一个国家、地区或地方的地理名称,用于指示一项产品来源于该地,其质量或特征完全或主要取决于地理环境,包括自然和人为因素。
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(2) The country of origin is the country whose name, or the country in which is situated the region or locality whose name, constitutes the appellation of origin which has given the product its reputation.
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二、原属国系指其名称构成原产地名称而赋予产品以声誉的国家或者地区或地方所在的国家。
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Article 3
Content of Protection |
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Protection shall be ensured against any usurpation or imitation, even if the true origin of the product is indicated or if the appellation is used in translated form or accompanied by terms such as "kind," "type," "make," "imitation," or the like.
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保护旨在防止任何假冒和仿冒,即使标明了产品的真实来源或者使用名称的翻译形式或附加“类”、“式”、“样”、“仿”字样或类似字样。
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Article 4
Protection by virtue of Other Texts |
第四条
根据其他案文的保护
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The provisions of this Agreement shall in no way exclude the protection already granted to appellations of origin in each of the countries of the Special Union by virtue of other international instruments, such as the Paris Convention of March 20, 1883, for the Protection of Industrial Property and its subsequent revisions, and the Madrid Agreement of April 14, 1891, for the Repression of False or Deceptive Indications of Source on Goods and its subsequent revisions, or by virtue of national legislation or court decisions.
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本协定各条款不排除特别联盟各国依照其他国际文书,如1883年3月20日《保护工业产权巴黎公约》及其后的修订本和1891年4月14日《制止商品产地虚假或欺骗性标记马德里协定》及其后的修订本,或者根据国家法律或法院判决已经给予原产地名称的保护。
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Article 5
International Registration; Refusal; Notifications; Use Tolerated for a Fixed Period |
第五条
国际注册;驳回;通知;在特定期限内允许使用
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(1) The registration of appellations of origin shall be effected with the International Bureau, at the request of the Authorities of the countries of the Special Union, in the name of any natural persons or legal entities, public or private, having, according to their national legislation, the right to use such appellations.
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一、原产地名称的注册,应经特别联盟国家主管机关请求,以按照所在国法律已取得此种名称使用权的自然人或法人(公共或私营)的名义,在国际局办理。
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(2) The International Bureau shall, without delay, notify the Authorities of the various countries of the Special Union of such registrations, and shall publish them in a periodical.
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二、国际局应立即将注册通知特别联盟各国的主管机关并在期刊上公告。
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(3) The Authority of any country may declare that it cannot ensure the protection of an appellation of origin whose registration has been notified to it, but only in so far as its declaration is notified to the International Bureau, together with an indication of the grounds therefor, within a period of one year from the receipt of the notification of registration, and provided that such declaration is not detrimental, in the country concerned, to the other forms of protection of the appellation which the owner thereof may be entitled to claim under Article 4, above.
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三、各国主管机关可以声明对通知注册的某个原产地名称不予保护,但声明应在收到注册通知之日起一年之内通知国际局,并说明理由,而且此种声明不得影响该名称所有人在有关国家可以依据上述第四条对原产地名称要求的其他形式的保护。
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(4) Such declaration may not be opposed by the Authorities of the countries of the Union after the expiration of the period of one year provided for in the foregoing paragraph.
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四、在前款规定的一年期限期满后,联盟各国的主管机关不得提出此种声明。
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(5) The International Bureau shall, as soon as possible, notify the Authority of the country of origin of any declaration made under the terms of paragraph (3) by the Authority of another country. The interested party, when informed by his national Authority of the declaration made by another country, may resort, in that other country, to all the judicial and administrative remedies open to the nationals of that country.
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五、国际局应及时将另一国家主管机关根据第三款提出的任何声明通知原属国主管机关。有关当事人本国主管机关将其他国家的声明通知当事人后,当事人可以在该其他国家采取其国民享有的任何法律或行政补救手段。
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(6) If an appellation which has been granted protection in a given country pursuant to notification of its international registration has already been used by third parties in that country from a date prior to such notification, the competent Authority of the said country shall have the right to grant to such third parties a period not exceeding two years to terminate such use, on condition that it advise the International Bureau accordingly during the three months following the expiration of the period of one year provided for in paragraph (3), above.
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六、根据国际注册通知,一个原产地名称已在一国取得保护,如果该名称在通知前已为第三方在该国使用,该国的主管机关有权给予该第三方不超过两年的期限,以结束其使用,条件是须在上述第三款规定的一年期限届满后三个月内通知国际局。
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Article 6
Shield Against Becoming Generic |
第六条
受保护原产地名称不能成为通用名称的推定
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An appellation which has been granted protection in one of the countries of the Special Union pursuant to the procedure under Article 5 cannot, in that country, be deemed to have become generic, as long as it is protected as an appellation of origin in the country of origin.
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根据第五条规定的程序在特别联盟一国受到保护的原产地名称,只要在原属国作为原产地名称受到保护,就不能在该国视为已成为通用名称。
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Article 7
Period of Validity of Registration; Fee |
第七条
注册有效期;费用
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(1) Registration effected with the International Bureau in conformity with Article 5 shall ensure, without renewal, protection for the whole of the period referred to in the foregoing Article.
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一、根据第五条在国际局办理的注册,不经续展,在前条所指的整个期间受到保护。
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(2) A single fee shall be paid for the registration of each appellation of origin.
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二、每个原产地名称注册应交纳统一的费用。
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Article 8
Legal Proceedings |
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Legal action required for ensuring the protection of appellations of origin may be taken in each of the countries of the Special Union under the provisions of the national legislation:
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为保护原产地名称的必要诉讼可以: |
1. at the instance of the competent Authority or at the request of the public Prosecutor;
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2. by any interested party, whether a natural person or a legal entity, whether public or private.
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2、对于涉及第五条第二款或涉及缔约方根据实施细则通知总干事的特别要求的不规范,申请人未在规定的时限内按邀请办理的,国际申请应被视为不包括对该缔约方的指定。
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Article 9
Assembly of the Special Union |
第九条
特别联盟大会
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(1)
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一、 |
(a) The Special Union shall have an Assembly consisting of those countries which have ratified or acceded to this Act.
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(一)特别联盟设大会,由批准或加入本文本的国家组成。
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(b) The Government of each country shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.
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(二)每个国家的政府委派一名代表参加,该代表可由若干副代表、顾问和专家辅助其工作。
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(c) The expenses of each delegation shall be borne by the Government which has appointed it.
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(2)
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二、
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(i) deal with all matters concerning the maintenance and development of the Special Union and the implementation of this Agreement;
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(1)处理有关维护和发展特别联盟以及执行本协定方面的一切事宜;
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(ii) give directions to the International Bureau concerning the preparation for revision conferences, due account being taken of any comments made by those countries of the Special Union which have not ratified or acceded to this Act;
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(2)就筹备修订会议对国际局作指示,但应对本特别联盟各国中未批准或者未加入本文本的国家的建议给予适当考虑;
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(iii) modify the Regulations, including the fixation of the amount of the fee referred to in Article 7(2) and other fees relating to international registration;
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(3)修改细则,包括确定第七条第二款所指费用的金额以及有关国际注册的其他费用;
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(iv) review and approve the reports and activities of the Director General of the Organization (hereinafter designated as "the Director General") concerning the Special Union, and give him all necessary instructions concerning matters within the competence of the Special Union;
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(4)审议和通过本组织总干事(以下称“总干事”)关于特别联盟的报告和活动,就特别联盟权限内的问题向总干事作出必要的指示。
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(v) determine the program and adopt the biennial budget of the Special Union, and approve its final accounts;
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(5)确定计划,通过特别联盟两年度的预算及批准其年终结算; |
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(vi) adopt the financial regulations of the Special Union;
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(vii) establish such committees of experts and working groups as it may deem necessary to achieve the objectives of the Special Union;
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(7)建立必要的专家委员会和工作组,以实现特别联盟的目标;
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(viii) determine which countries not members of the Special Union and which intergovernmental and international non-governmental organizations shall be admitted to its meetings as observers;
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(8)决定哪些非特别联盟成员的国家以及哪些政府间组织和国际非政府组织可作为观察员参加其会议;
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(ix) adopt amendments to Articles 9 to 12;
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(x) take any other appropriate action designed to further the objectives of the Special Union;
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(10)为了实现特别联盟的目标,采取任何其他必要的行动;
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(xi) perform such other functions as are appropriate under this Agreement.
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(b) With respect to matters which are of interest also to other Unions administered by the Organization, the Assembly shall make its decisions after having heard the advice of the Coordination Committee of the Organization.
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(二)大会就本组织所辖其他联盟共同关心的问题,听取本组织协调委员会的意见后作出决定。
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(3)
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三、
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(a) Each country member of the Assembly shall have one vote.
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(b) One-half of the countries members of the Assembly shall constitute a quorum.
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(c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of countries represented is less than one half but equal to or more than one-third of the countries members of the Assembly, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the conditions set forth hereinafter are fulfilled. The International Bureau shall communicate the said decisions to the countries members of the Assembly which were not represented and shall invite them to express in writing their vote or abstention within a period of three months from the date of the communication. If, at the expiration of this period, the number of countries having thus expressed their vote or abstention attains the number of countries which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains.
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(三)尽管第(二)项有所规定,若在任何一次会议上,出席会议的国家少于半数,但等于或多于大会成员国的三分之一,大会仍可以作出决定;但是,除涉及大会程序的决议外,大会的决议只有符合下述的条件才能生效。国际局应将上述决议通知缺席的大会成员国,请其于通知之日起三个月内以书面形式投票或弃权。若此期限届满,此类投票或弃权国家的数目至少等于会议开会的法定人数的差额数,并同时要达到必要的多数,此类决议才能生效。 |
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(d) Subject to the provisions of Article 12(2), the decisions of the Assembly shall require two-thirds of the votes cast.
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(四)除第十二条第二款另有规定外,大会作出决议需要三分之二的多数票。 |
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(e) Abstentions shall not be considered as votes.
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(f) A delegate may represent, and vote in the name of, one country only.
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(g) Countries of the Special Union not members of the Assembly shall be admitted to the meetings of the latter as observers.
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(七)特别联盟国家不是大会成员国的,可以作为观察员出席大会的会议。
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(4)
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四、
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(a) The Assembly shall meet once in every second calendar year in ordinary session upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of the Organization.
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(一)大会每两年举行一次例会,由总干事召集,除特殊情况外,与本组织大会同期同地举行。
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(b) The Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of one-fourth of the countries members of the Assembly.
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(二)大会应其四分之一成员国的请求,举行大会特别会议,由总干事召集。 |
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(c) The agenda of each session shall be prepared by the Director General.
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(5) The Assembly shall adopt its own rules of procedure.
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五、大会通过其本身的议事规则。 |
Article 10
International Bureau |
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(1)
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一、
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(a) International registration and related duties, as well as all other administrative tasks concerning the Special Union, shall be performed by the International Bureau.
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(一)国际局承办国际注册和有关的工作,并执行特别联盟有关的其他一切行政工作。 |
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(b) In particular, the International Bureau shall prepare the meetings and provide the secretariat of the Assembly and of such committees of experts and working groups as may have been established by the Assembly.
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(二)尤其是,国际局安排会议并担任大会及其可能设立的专家委员会和工作组的秘书处。 |
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(c) The Director General shall be the chief executive of the Special Union and shall represent the Special Union.
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(2) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly and of such committees of experts or working groups as may have been established by the Assembly. The Director General, or a staff member designated by him, shall be ex officio secretary of those bodies.
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二、总干事和由他指定的工作人员参加大会及其可能设立的各专家委员会或工作组的一切会议,但没有表决权。总干事或由他指定的一名工作人员为这些机构的当然秘书。 |
(3)
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三、
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(a) The International Bureau shall, in accordance with the directions of the Assembly, make the preparations for conferences to revise the provisions of the Agreement other than Articles 9 to 12.
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(一)根据大会的指示,国际局筹备修订协定第九条至第十二条以外条款的会议。 |
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(b) The International Bureau may consult with intergovernmental and international non-governmental organizations concerning preparations for revision conferences.
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(二)国际局可就筹备修订会议与政府间组织和国际非政府组织进行协商。 |
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(c) The Director General and persons designated by him shall take part, without the right to vote, in the discussions at those conferences.
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(三)总干事和他指定的人员参加此类会议的讨论,但没有表决权。 |
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(4) The International Bureau shall carry out any other tasks assigned to it.
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四、国际局执行分配的其他各项任务。 |
Article 11
Finances |
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(1)
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一、
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(a) The Special Union shall have a budget.
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(b) The budget of the Special Union shall include the income and expenses specific to the Special Union, its contribution to the budget of expenses common to the Unions, and, where applicable, the sum made available to the budget of the Conference of the Organization.
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(二)特别联盟的预算包括特别联盟专用的收入和支出、其在各联盟共同开支预算中的摊款份额以及必要时拨给本组织成员国会议预算的款项。 |
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(c) Expenses not attributable exclusively to the Special Union but also to one or more other Unions administered by the Organization shall be considered as expenses common to the Unions. The share of the Special Union in such common expenses shall be in proportion to the interest the Special Union has in them.
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(三)不单属于本特别联盟,同时也属于本组织所辖其他一个或多个联盟的开支,应视作各联盟的共同开支。特别联盟在这些共同开支中负担的份额应与特别联盟在其中所享的利益成比例。 |
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(2) The budget of the Special Union shall be established with due regard to the requirements of coordination with the budgets of the other Unions administered by the Organization.
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二、本特别联盟预算的制定,应适当考虑到与本组织所辖其他各联盟预算相协调的需要。 |
(3) The budget of the Special Union shall be financed from the following sources:
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三、本特别联盟预算的资金来源如下: |
(i) international registration fees collected under Article 7(2) and fees and charges due for other services rendered by the International Bureau in relation to the Special Union;
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(1)根据第七条第二款所收的国际注册费和国际局提供与本特别联盟有关的其他服务所得的费用和款项; |
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(ii) proceeds from the sale of, or royalties on, the publications of the International Bureau concerning the Special Union;
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(iii) gifts, bequests, and subventions;
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(iv) rents, interest, and other miscellaneous income;
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(v) contributions of the countries of the Special Union, if and to the extent to which receipts from the sources indicated in items (i) to (iv) do not suffice to cover the expenses of the Special Union.
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(5)第(1)至(4)项所指来源的收入不敷特别联盟支出时,特别联盟各国的会费。 |
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(4) |
四、
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(a) The amount of the fee referred to in Article 7(2) shall be fixed by the Assembly on the proposal of the Director General.
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(一)第七条第二款所指费用金额,由大会根据总干事的提议确定。 |
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(b) The amount of the said fee shall be so fixed that the revenue of the Special Union should, under normal circumstances, be sufficient to cover the expenses of the International Bureau for maintaining the international registration service, without requiring payment of the contributions referred to in paragraph (3)(v), above.
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(二)该项费用金额的确定应使特别联盟的收入在正常情况下足敷国际局维持国际注册业务的支出,而不需交付上述第三款第(5)项所指的会费来弥补。 |
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(5)
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五、
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(a) For the purpose of establishing its contribution referred to in paragraph (3)(v), each country of the Special Union shall belong to the same class as it belongs to in the Paris Union for the Protection of Industrial Property, and shall pay its annual contributions on the basis of the same number of units as is fixed for that class in that Union.
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(一)为了确定第三款第(5)项所指的会费,特别联盟各国支款的级别应与其在保护工业产权巴黎联盟所属的等级相同,并以该联盟为该等级所定的相同单位数交纳年度会费。 |
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(b) The annual contribution of each country of the Special Union shall be an amount in the same proportion to the total sum to be contributed to the annual budget of the Special Union by all countries as the number of the units of the class to which it belongs is to the total of the units of all contributing countries.
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(二)每个特别联盟国家年度会费的数额在所有国家向特别联盟预算年度交费总额中所占的比例,应与其交费单位数在所有交费国家的单位总数中所占的比例相同。 |
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(c) The date on which contributions are to be paid shall be fixed by the Assembly.
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(d) A country which is in arrears in the payment of its contributions may not exercise its right to vote in any of the organs of the Special Union if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. However, such a country may be allowed to continue to exercise its right to vote in that organ if, and as long as, the latter is satisfied that the delay in payment is due to exceptional and unavoidable circumstances.
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(四)欠交会费的国家,其欠款的数额如果等于或超过过去二整年的数额,在特别联盟的任何机构中,均不能行使其表决权。然而,如果本联盟某一机构认为拖欠是由特殊和不可避免的情况引起的,仍可准许此类国家在该机构中保留其表决权。
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(e) If the budget is not adopted before the beginning of a new financial period, it shall be at the same level as the budget of the previous year, as provided in the financial regulations.
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(五)如果在新的财政期间开始前,预算还未通过,根据财务规则规定,继续执行上一年度同样的预算水平。 |
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(6) Subject to the provisions of paragraph (4)(a), the amount of fees and charges due for other services rendered by the International Bureau in relation to the Special Union shall be established, and shall be reported to the Assembly, by the Director General.
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六、国际局提供有关特别联盟的其他服务应纳费用和款项数额由总干事确定并报告大会,第四款第(一)项另有规定者除外。 |
(7)
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七、
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(a) The Special Union shall have a working capital fund which shall be constituted by a single payment made by each country of the Special Union. If the fund becomes insufficient, the Assembly shall decide to increase it.
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(一)特别联盟设周转基金,由特别联盟各国一次纳款构成。资金不足时,由大会决定增加该基金。 |
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(b) The amount of the initial payment of each country to the said fund or of its participation in the increase thereof shall be a proportion of the contribution of that country as a member of the Paris Union for the Protection of Industrial Property to the budget of the said Union for the year in which the fund is established or the decision to increase it is made.
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(二)每国对上述基金的初次付款额或在增加基金时分摊的款额,应与该国作为保护工业产权巴黎联盟的成员在建立基金或决定增加基金当年该联盟的预算中的会费成比例。 |
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(c) The proportion and the terms of payment shall be fixed by the Assembly on the proposal of the Director General and after it has heard the advice of the Coordination Committee of the Organization.
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(三)纳款的比例和方式,应由大会根据总干事的建议并征求本组织协调委员会的意见后作出决定。 |
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(8)
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八、
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(a) In the headquarters agreement concluded with the country on the territory of which the Organization has its headquarters, it shall be provided that, whenever the working capital fund is insufficient, such country shall grant advances. The amount of those advances and the conditions on which they are granted shall be the subject of separate agreements, in each case, between such country and the Organization.
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(一)在与本组织总部所在地的国家达成的总部协定中,应规定当周转基金不足时,该国应提供预付款。预付的金额与条件由该国和本组织间分别情况逐次签署协议。 |
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(b) The country referred to in subparagraph (a) and the Organization shall each have the right to denounce the obligation to grant advances, by written notification. Denunciation shall take effect three years after the end of the year in which it has been notified.
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(二)前项所指的国家和本组织均有权以书面通知废止提供预付的协议。该废止于通知之年年终起三年后生效。 |
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(9) The auditing of the accounts shall be effected by one or more of the countries of the Special Union or by external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by the Assembly.
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九、账目审查工作应按照财务规则的规定,由本联盟一国或多国,或者由外请的审计员进行,这些国家或审计员应由大会指定,并事先征得其同意。 |
Article 12
Amendment of Articles 9 to 12 |
第十二条
对第九条至第十二条的修正
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(1) Proposals for the amendment of Articles 9, 10, 11, and the present Article, may be initiated by any country member of the Assembly, or by the Director General. Such proposals shall be communicated by the Director General to the member countries of the Assembly at least six months in advance of their consideration by the Assembly.
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一、对第九条、第十条、第十一条及本条的修正,应经大会的任何成员国或总干事的提议进行。该提议至少应于大会审议前六个月由总干事通知大会成员国。 |
(2) Amendments to the Articles referred to in paragraph (1) shall be adopted by the Assembly. Adoption shall require three-fourths of the votes cast, provided that any amendment to Article 9, and to the present paragraph, shall require four-fifths of the votes cast.
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二、第一款所指各条的修正案应由大会通过。通过修正案须达到投票数的四分之三,但第九条和本款的修正案须达到投票数的五分之四。 |
(3) Any amendment to the Articles referred to in paragraph (1) shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three-fourths of the countries members of the Assembly at the time it adopted the amendment. Any amendment to the said Articles thus accepted shall bind all the countries which are members of the Assembly at the time the amendment enters into force, or which become members thereof at a subsequent date, provided that any amendment increasing the financial obligations of countries of the Special Union shall bind only those countries which have notified their acceptance of such amendment.
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三、第一款所指各条的修正案,应在总干事从大会通过修正案时的大会成员国的四分之三的国家收到按照各该国宪法程序生效的书面接受通知书一个月后发生效力。如此获得接受的上述各条的修正案,对其生效时的所有大会成员国或以后成为大会成员国的国家均有约束力,但任何增加特别联盟国家债务的修正案,仅对通知接受该修正案的国家有约束力。 |
Article 13
Regulations; Revision |
第十三条
关于外观设计的单一性的特别要求
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(1) The details for carrying out this Agreement are fixed in the Regulations.
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一、本协定的实施由细则规定。
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(2) This Agreement may be revised by conferences held between the delegates of the countries of the Special Union.
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二、本协定可由特别联盟国家代表会议修订。 |
Article 14
Ratification and Accession; Entry into Force; Reference to Article 24 of Paris Convention (Territories); Accession to the Act
of 1958 |
第十四条
批准和加入;生效;关于《巴黎公约》第二十四条(领土);加入1958年文本
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(1) Any country of the Special Union which has signed this Act may ratify it, and, if it has not signed it, may accede to it.
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一、本特别联盟国家已签署本文本的可批准本文本;尚未签署的国家,可加入本文本。
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(2)
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二、
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(a) Any country outside the Special Union, which is party to the Paris Convention for the Protection of Industrial Property, may accede to this Act and thereby become a member of the Special Union.
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(一)非本特别联盟国家,凡为《保护工业产权巴黎公约》成员的,均可加入本文本而成为特别联盟的成员。 |
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(b) Notification of accession shall, of itself, ensure, in the territory of the acceding country, the benefits of the foregoing provisions to appellations of origin which, at the time of accession, are the subject of international registration.
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(二)加入通知中应保证在加入之时已获得国际注册的原产地名称,在加入国领土内享受上述条款规定的利益。 |
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(c) However, any country acceding to this Agreement may, within a period of one year, declare in regard to which appellations of origin, already registered at the International Bureau, it wishes to exercise the right provided for in Article 5(3).
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(三)然而,任何国家在加入本协定时,可在一年期限内声明,在已经国际局注册的原产地名称中,该国愿对哪些行使第五条第三款规定的权利。 |
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(3) Instruments of ratification and accession shall be deposited with the Director General.
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三、批准书和加入书应递交总干事保存。 |
(4) The provisions of Article 24 of the Paris Convention for the Protection of Industrial Property shall apply to this Agreement.
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四、《保护工业产权巴黎公约》第二十四条的规定适用于本协定。 |
(5)
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五、
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(a) With respect to the first five countries which have deposited their instruments of ratification or accession, this Act shall enter into force three months after the deposit of the fifth such instrument.
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(一)对于最先递交批准书或加入书的五个国家,本文本在递交第五份此种文件起三个月后生效。 |
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(b) With respect to any other country, this Act shall enter into force three months after the date on which its ratification or accession has been notified by the Director General, unless a subsequent date has been indicated in the instrument of ratification or accession. In the latter case, this Act shall enter into force with respect to that country on the date thus indicated.
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(二)对于其他任何国家,本文本自总干事就该国的批准或加入发出通知之日起三个月后生效,在批准书或加入书中指定较迟日期的除外。对于后一种情况,本文本对该国在其指定的日期开始生效。 |
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(6) Ratification or accession shall automatically entail acceptance of all the clauses and admission to all the advantages of this Act.
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六、批准或加入,即当然接受本文本的所有条款并享受本文本规定的所有利益。 |
(7) After the entry into force of this Act, a country may accede to the original Act of October 31, 1958, of this Agreement only in conjunction with ratification of, or accession to, this Act.
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七、本文本生效后,一个国家只有同时批准或加入本文本,才可加入1958年10月31日文本。 |
Article 15
Duration of the Agreement; Denunciation |
第十五条
协定的期限;退约
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(1) This Agreement shall remain in force as long as five countries at least are party to it.
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一、只要至少有五个国家仍然为协定的成员国,本协定就继续有效。 |
(2) Any country may denounce this Act by notification addressed to the Director General. Such denunciation shall constitute also denunciation of the original Act of October 31, 1958, of this Agreement and shall affect only the country making it, the Agreement remaining in full force and effect as regards the other countries of the Special Union.
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二、任何国家可以通知总干事退出本文本。该退约亦构成退出本协定1958年10月31日文本,并且退约仅对退约国有效,本协定对于特别联盟的其他国家继续有效和适用。 |
(3) Denunciation shall take effect one year after the day on which the Director General has received the notification.
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三、退约自总干事收到通知之日起一年后生效。 |
(4) The right of denunciation provided for 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 Special Union.
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四、成为本特别联盟成员尚不满五年的国家,不得行使本条规定的退约权。 |
Article 16
Applicable Acts |
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(1)
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(a) This Act shall, as regards the relations between the countries of the Special Union by which it has been ratified or acceded to, replace the original Act of October 31, 1958.
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(一)在已经批准或加入本文本的特别联盟国家间,本文本应替代1958年10月31日文本。 |
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(b) However, any country of the Special Union which has ratified or acceded to this Act shall be bound by the original Act of October 31, 1958, as regards its relations with countries of the Special Union which have not ratified or acceded to this Act.
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(二)然而,已批准或加入本文本的特别联盟各国,在与未批准或加入本文本国家的关系中,应适用1958年10月31日文本。 |
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(2) Countries outside the Special Union which become party to this Act shall apply it to international registrations of appellations of origin effected at the International Bureau at the request of the Authority of any country of the Special Union not party to this Act, provided that such registrations satisfy, with respect to the said countries, the requirements of this Act. With regard to international registrations effected at the International Bureau at the request of the Authorities of the said countries outside the Special Union which become party to this Act, such countries recognize that the aforesaid country of the Special Union may demand compliance with the requirements of the original Act of October 31, 1958.
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二、非特别联盟国家加入本文本的,对于应未加入本文本的任一特别联盟国家的主管机关请求在国际局办理的原产地名称国际注册,应适用本文本,条件是对于上述加入国,此种注册符合本文本规定的条件。对于应上述加入本文本的非特别联盟国家的主管机关请求在国际局办理的国际注册,这些国家承认,上述未加入本文本的特别联盟国家可以要求符合1958年10月31日文本规定的条件。 |
Article 17
Signature, Languages, Depository Functions |
第十七条
签字;语言;保存人的职责
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(1)
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一、
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(a) This Act shall be signed in a single copy in the French language and shall be deposited with the Government of Sweden.
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(b) Official texts shall be established by the Director General, after consultation with the interested Governments, in such other languages as the Assembly may designate.
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(二)大会所指定的其他语种的正式文本,由总干事与有关政府协商后制定。 |
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(2) This Act shall remain open for signature at Stockholm until January 13, 1968.
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二、本文本至1968年1月13日止在斯德哥尔摩开放签字。 |
(3) The Director General shall transmit two copies, certified by the Government of Sweden, of the signed text of this Act to the Governments of all countries of the Special Union and, on request, to the Government of any other country.
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三、总干事应将经瑞典政府确认的本文本签署原本的副本两份转交特别联盟所有国家的政府,并应请求转交给其他任何国家的政府。 |
(4) The Director General shall register this Act with the Secretariat of the United Nations. |
四、总干事应将本文本报联合国秘书处登记。 |
(5) The Director General shall notify the Governments of all countries of the Special Union of signatures, deposits of instruments of ratification or accession, entry into force of any provisions of this Act, denunciations, and declarations pursuant to Article 14(2) (c) and (4).
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五、总干事应将签字、批准书或加入书的交存、本文本各条款的生效、退约通知以及按照第十四条第二款第(3)项和第四款所作的声明,通知特别联盟所有国家的政府。 |
Article 18
Transitional Provisions |
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(1) Until the first Director General assumes office, references in t his Act to the International Bureau of the Organization or to the Director General shall be construed as references to the Bureau of the Union established by the Paris Convention for the Protection of Industrial Property or its Director, respectively.
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一、在第一任总干事就职以前,本文本所指的本组织国际局或总干事应分别视为《保护工业产权巴黎公约》所成立的联盟局或其干事。 |
(2) Countries of the Special Union not having ratified or acceded to this Act may, until five years after the entry into force of the Convention establishing the Organization, exercise, if they so desire, the rights provided for under Articles 9 to 12 of this Act as if they were bound by those Articles. Any country desiring to exercise such rights shall give written notification to that effect to the Director General; such notification shall be effective from the date of its receipt. Such countries shall be deemed to be members of the Assembly until the expiration of the said period.
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二、在建立本组织的公约生效后五年内,未批准或加入本文本的特别联盟国家,如果欲行使本文本第九条至第十二条规定的权利的,可以行使这些权利,视同已接受这些条款。任何国家希望行使上述权利的,应书面通知总干事。该通知自接到之日起生效。直到所述期限届满为止,这类国家应视为大会的成员。 |