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Article 1 Establishment of a Special Union; Adoption of an International Classification

The countries to which this Agreement applies constitute a Special Union and adopt a common classification for patents for invention, inventors’ certificates, utility models and utility certificates, to be known as the “International Patent Classification” (hereinafter designated as the “Classification”).

Article 2 Definition of the Classification

(1)(a) The Classification comprises:

(i)

the text which was established pursuant to the provisions of the European Convention on the International Classification of Patents for Invention of December 19, 1954 (hereinafter designated as the “European Convention”), and which came into force and was published by the Secretary General of the Council of Europe on September 1, 1968;

(ii)

the amendments which have entered into force pursuant to Article 2(2) of the European Convention prior to the entry into force of this Agreement;

(iii) the amendments made thereafter in accordance with Article 5 which enter into force pursuant to the provisions of Article 6.

(b)

The Guide and the notes included in the text of the Classification are an integral part thereof.

(2)(a) The text referred to in paragraph (1)(a)(i) is contained in two authentic copies, each in the English and French languages, deposited, at the time that this Agreement is opened for signature, one with the Secretary General of the Council of Europe and the other with the Director General of the World Intellectual Property Organization (hereinafter respectively designated “Director General” and “Organization”) established by the Convention of July 14, 1967.

(b)

The amendments referred to in paragraph (1)(a)(ii) shall be deposited in two authentic copies, each in the English and French languages, one with the Secretary General of the Council of Europe and the other with the Director General.

(c)

The amendments referred to in paragraph (1)(a)(iii) shall be deposited in one authentic copy only, in the English and French languages, with the Director General.

Article 3 Languages of the Classification

(1)

The Classification shall be established in the English and French languages, both texts being equally authentic.

(2)

Official texts of the Classification, in German, Japanese, Portuguese, Russian, Spanish and in such other languages as the Assembly referred to in Article 7 may designate, shall be established by the International Bureau of the Organization (hereinafter designated as the “International Bureau”), in consultation with the interested Governments and either on the basis of a translation submitted by those Governments or by any other means which do not entail financial implications for the budget of the Special Union or for the Organization.

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Article 4 Use of the Classification

(1)

The Classification shall be solely of an administrative character.

(2)

Each country of the Special Union shall have the right to use the Classification either as a principal or as a subsidiary system.

(3)

The competent authorities of the countries of the Special Union shall include in

(i)

patents, inventors’ certificates, utility models and utility certificates issued by them, and in applications relating thereto, whether published or only laid open for public inspection by them, and

(ii)

notices, appearing in official periodicals, of the publication or laying open of the documents referred to in subparagraph (i)

the complete symbols of the Classification applied to the invention to which the document referred to in subparagraph (i) relates.

(4)

When signing this Agreement or when depositing its instrument of ratification or accession:

(i)

any country may declare that it does not undertake to include the symbols relating to groups or subgroups of the Classification in applications as referred to in paragraph (3) which are only laid open for public inspection and in notices relating thereto, and

(ii)

any country which does not proceed to an examination as to novelty, whether immediate or deferred, and in which the procedure for the grant of patents or other kinds of protection does not provide for a search into the state of the art, may declare that it does not undertake to include the symbols relating to the groups and subgroups of the Classification in the documents and notices referred to in paragraph (3). If these conditions exist only in relation to certain kinds of protection or certain fields of technology, the country in question may only make this reservation to the extent that the conditions apply.

(5)

The symbols of the Classification, preceded by the words “International Patent Classification” or an abbreviation thereof to be determined by the Committee of Experts referred to in Article 5, shall be printed in heavy type, or in such a manner that they are clearly visible, in the heading of each document referred to in paragraph (3)(i) in which they are to be included.

(6)

If any country of the Special Union entrusts the grant of patents to an intergovernmental authority, it shall take all possible measures to ensure that this authority uses the Classification in accordance with this Article.

Article 5 Committee of Experts

(1)

A Committee of Experts shall be set up in which each country of the Special Union shall be represented.

(2)

(a) The Director General shall invite intergovernmental organizations specialized in the patent field, and of which at least one of the member countries is party to this Agreement, to be represented by observers at meetings of the Committee of Experts.

(b)

The Director General may, and, if requested by the Committee of Experts, shall, invite representatives of other intergovernmental and international non-governmental organizations to participate in discussions of interest to them.

(3)

The Committee of Experts shall:

(i)

amend the Classification;

(ii)

address recommendations to the countries of the Special Union for the purpose of facilitating the use of the Classification and promoting its uniform application;

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(iii) assist in the promotion of international cooperation in the reclassification of documentation used for the examination of inventions, taking in particular the needs of developing countries into account;

(iv)

take all other measures which, without entailing financial implications for the budget of the Special Union or for the Organization, contribute towards facilitating the application of the Classification by developing countries;

(v)

have the right to establish subcommittees and working groups.

(4)

The Committee of Experts shall adopt its own Rules of Procedure. These shall allow for the possibility of participation of intergovernmental organizations, referred to in paragraph (2)(a), which can perform substantial work in the development of the Classification, in meetings of its subcommittees and working groups.

(5)

Proposals for amendments to the Classification may be made by the competent authority of any country of the Special Union, the International Bureau, any intergovernmental organization represented in the Committee of Experts pursuant to paragraph (2)(a) and any other organization specially invited by the Committee of Experts to submit such proposals. The proposals shall be communicated to the International Bureau which shall submit them to the members of the Committee of Experts and to the observers not later than two months before the session of the Committee of Experts at which the said proposals are to be considered.

(6)

(a) Each country member of the Committee of Experts shall have one vote.

(b)

The decisions of the Committee of Experts shall require a simple majority of the countries represented and voting.

(c)

Any decision which is regarded by one-fifth of the countries represented and voting as giving rise to a modification in the basic structure of the Classification or as entailing a substantial work of reclassification shall require a majority of three-fourths of the countries represented and voting.

(d)

Abstentions shall not be considered as votes.

Article 6 Notification, Entry into Force and Publication of Amendments and Other Decisions

(1)

Every decision of the Committee of Experts concerning the adoption of amendments to the Classification and recommendations of the Committee of Experts shall be notified by the International Bureau to the competent authorities of the countries of the Special Union. The amendments shall enter into force six months from the date of dispatch of the notification.

(2)

The International Bureau shall incorporate in the Classification the amendments which have entered into force. Announcements of the amendments shall be published in such periodicals as are designated by the Assembly referred to in Article

7.

Article 7 Assembly of the Special Union

(1)

(a) The Special Union shall have an Assembly consisting of the countries of the Special Union.

(b)

The Government of each country of the Special Union shall be represented by one delegate, who may be assisted by alternate delegates, advisors and experts.

(c)

Any intergovernmental organization referred to in Article 5(2)(a) may be represented by an observer in the meetings of the Assembly, and, if the Assembly so decides, in those of such committees or working groups as may have been established by the Assembly.

(d)

The expenses of each delegation shall be borne by the Government which has appointed it.

(2)

(a) Subject to the provisions of Article 5, the Assembly shall:

(i)

deal with all matters concerning the maintenance and development of the Special Union and the implementation of this Agreement;

(ii)

give directions to the International Bureau concerning the preparation for conferences of revision;

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(iii) review and approve the reports and activities of the Director General concerning the Special Union, and give him all necessary instructions concerning matters within the competence of the Special Union;

(iv)

determine the program and adopt the biennial budget of the Special Union, and approve its final accounts;

(v)

adopt the financial regulations of the Special Union;

(vi)

decide on the establishment of official texts of the Classification in languages other than English, French and those listed in Article 3(2);

(vii) establish such committees and working groups as it deems appropriate to achieve the objectives of the Special Union;

(viii) determine, subject to paragraph (1)(c), which countries not members of the Special Union and which intergovernmental and international non-governmental organizations shall be admitted as observers to its meetings, and to those of any committee or working group established by it;

(ix)

take any other appropriate action designed to further the objectives of the Special Union;

(x)

perform such other functions as are appropriate under this Agreement.

(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.

(3)

(a) Each country member of the Assembly shall have one vote.

(b)

One-half of the countries members of the Assembly shall constitute a quorum.

(c)

In the absence of the quorum, 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.

(d)

Subject to the provisions of Article 11(2), the decisions of the Assembly shall require two-thirds of the votes cast.

(e)

Abstentions shall not be considered as votes.

(f)

A delegate may represent, and vote in the name of, one country only.

(4)

(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.

(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.

(c)

The agenda of each session shall be prepared by the Director General.

(5)

The Assembly shall adopt its own Rules of Procedure.

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Article 8 International Bureau

(1)

(a) Administrative tasks concerning the Special Union shall be performed by the International Bureau.

(b)

In particular, the International Bureau shall prepare the meetings and provide the secretariat of the Assembly, the Committee of Experts and such other committees or working groups as may have been established by the Assembly or the Committee of Experts.

(c)

The Director General shall be the chief executive of the Special Union and shall represent the Special Union.

(2)

The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly, the Committee of Experts and such other committees or working groups as may have been established by the Assembly or the Committee of Experts. The Director General, or a staff member designated by him, shall be ex officio secretary of those bodies.

(3)

(a) The International Bureau shall, in accordance with the directions of the Assembly, make the preparations for revision conferences.

(b)

The International Bureau may consult with intergovernmental and international non-governmental organizations concerning preparations for revision conferences.

(c)

The Director General and persons designated by him shall take part, without the right to vote, in the discussions at revision conferences.

(4)

The International Bureau shall carry out any other tasks assigned to it.

Article 9 Finances

(1)

(a) The Special Union shall have a budget.

(b)

The budget of the Special Union shall include the income and expenses proper 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.

(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.