World Intellectual Property Organization

Article 5

[Amendment of Articles 2 to 5]

(1)

Proposals for the amendment of this Complementary Act 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.

(2)

Amendments 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 2 and to the present paragraph, shall require four-fifths of the votes cast.

(3)

Any amendment 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 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.

Article 6

[Amendment of the 1934 Act and the 1961 Additional Act]

(1)

(a)

References in the 1934 Act to "the International Bureau of Industrial Property at Berne," to "the Berne International Bureau," or to "the International Bureau," shall be construed as references to the International Bureau as defined in Article 1 of this Complementary Act.

(b)

Article 15 of the 1934 Act is repealed.

(c)

Any amendment of the Regulations referred to in Article 20 of the 1934 Act shall be effected in accordance with the procedure prescribed under Article 2(2)(a)(iii) and Article 2(3)(d).

(d)

In Articles 21 of the 1934 Act, for the words "revised in 1928" there shall be substituted the words "for the Protection of Literary and Artistic Works."

(e)

References in Article 22 of the 1934 Act to Articles 16, 16bis, and 17bis, of the "General Convention" shall be construed as references to those provisions of the Stockholm Act of the Paris Convention for the Protection of Industrial Property which, in the said Stockholm Act, correspond to Articles 16, 16bis, and 17bis, of the earlier Acts of the Paris Convention.

(2)

(a)

Any modification of the fees referred to in Article 3 of the 1961 Additional Act shall be effected in accordance with the procedure prescribed under Article 2(2)(a)(iii) and 2(3)(d).

(b)

Article 4(1) of the 1961 Additional Act, and the words "When the reserve fund has reached this amount" in Article 4(2) are repealed.

(c)

References in Article 6(2) of the 1961 Additional Act to Articles 16 and 16bis of the Paris Convention for the Protection of Industrial Property shall be construed as references to those provisions of the Stockholm Act of the said Convention which, in the Stockholm Act, correspond to Articles 16 and 16bis of the earlier Acts of the Paris Convention.

(d)

References in paragraph 7(1) and paragraph 7(3) of the 1961 Additional Act to the Government of the Swiss Confederation shall be construed as references to the Director General.

Article 7

[Amendment of the 1960 Act]

(1)

References in the 1960 Act to "the Bureau of the International Union for the Protection of Industrial Property" or to "the International Bureau" shall be construed as references to the International Bureau as defined in Article 1 of this Complementary Act.

(2)

Articles 19, 20, 21, and 22, of the 1960 Act are repealed.

(3)

References in the 1960 Act to the Government of the Swiss Confederation shall be construed as references to the Director General.

(4)

In Article 29 of the 1960 Act, the words "periodical" (paragraph 29(1)) and "of the International Design Committee or" (paragraph 29(2)) are deleted.

Article 8

[Ratification of, and Accession to, the Complementary Act]

(1)

(a)

Countries which, before January 13, 1968, have ratified the 1934 Act or the 1960 Act, and countries which have acceded to at least one of those Acts, may sign this Complementary Act and ratify it, or may accede to it.

(b)

Ratification of, or accession to, this Complementary Act by a country which is bound by the 1934 Act without being bound also by the 1961 Additional Act shall automatically entail ratification of, or accession to, the 1961 Additional Act.

(2)

Instruments of ratification and accession shall be deposited with the Director General.

Article 9

[Entry Into Force of the Complementary Act]

(1)

With respect to the first five countries which have deposited their instruments of ratification or accession, this Complementary Act shall enter into force three months after the deposit of the fifth such instrument of ratification or accession.

(2)

With respect to any other country, this Complementary 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 Complementary Act shall enter into force with respect to that country on the date thus indicated.

Article 10

[Automatic Acceptance of Certain Provisions by Certain Countries]

(1)

Subject to the provisions of Article 8 and the following paragraph, any country which has not ratified or acceded to the 1934 Act shall become bound by the 1961 Additional Act and by Articles 1 to 6 of this Complementary Act from the date on which its accession to the 1934 Act enters into force, provided that, if on the said date this Complementary Act has not yet entered into force pursuant to Article 9(1), then, such country shall become bound by the said Articles of this Complementary Act only from the date of entry into force of the Complementary Act pursuant to Article 9(1).

(2)

Subject to the provisions of Article 8 and the foregoing paragraph, any country which has not ratified or acceded to the 1960 Act shall become bound by Articles 1 to 7 of this Complementary Act from the date on which its ratification of, or accession to, the 1960 Act enters into force, provided that, if on the said date this Complementary Act has not yet entered into force pursuant to Article 9(1), then, such country shall become bound by the said Articles of this Complementary Act only from the date of entry into force of the Complementary Act pursuant to Article 9(1).

Article 11

[Signature, etc., of the Complementary Act]

(1)

(a)

This Complementary Act shall be signed in a single copy in the French language and shall be deposited with the Government of Sweden.

(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.

(2)

This Complementary Act shall remain open for signature at Stockholm until January 13, 1968.

(3)

The Director General shall transmit two copies, certified by the Government of Sweden, of the signed text of this Complementary Act to the Governments of all countries of the Special Union and, on request, to the Government of any other country.

(4)

The Director General shall register this Complementary Act with the Secretariat of the United Nations.

(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, and all other relevant notifications.

Article 12

[Transitional Provision]

Until the first Director General assumes office, references in this Complementary 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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