INTRODUCTORY PROVISIONS |
Article 1 |
For the purposes of this Act:
(i) the Hague Agreement means the Hague Agreement Concerning the International Deposit of Industrial Designs, henceforth renamed the Hague Agreement Concerning the International Registration of Industrial Designs;
(ii) this Act means the Hague Agreement as established by the present Act;
(iii) international registration means the international registration of an industrial design effected according to this Act;
(iv) international application means an application for international registration;
(v) filing date of the international application means the date established in accordance with Article 4(2);
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(vi) International Register means the official collection of data concerning international registrations maintained by the International Bureau, which data this Act or the Regulations referred to in item (xxviii) require or permit to be recorded, regardless of the medium in which such data are stored;
(vii) person means a natural person or a legal entity;
(viii) applicant means the person in whose name an international application is filed;
(ix) holder means the person in whose name an international registration is recorded in the International Register;
(x) intergovernmental organization means an intergovernmental organization eligible to become party to this Act in accordance with Article 27(1)(ii);
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(xi) Contracting Party means any State or intergovernmental organization party to this Act;
(xii) applicants Contracting Party means the Contracting Party from which the applicant derives its entitlement to file an international application by virtue of satisfying, in relation to that Contracting Party, at least one of the conditions specified in Article 3; where there are two or more Contracting Parties from which the applicant may, under Article 3, derive its entitlement to file an international application, applicants Contracting Party means the one which, among those Contracting Parties, is indicated as such in the international application;
(xiii) territory of a Contracting Party means, where the Contracting Party is a State, the territory of that State and, where the Contracting Party is an intergovernmental organization, the territory in which the constituent treaty of that intergovernmental organization applies;
(xiv) Office means the agency entrusted by a Contracting Party with the grant of protection for industrial designs with effect in the territory of that Contracting Party;
(xv) Examining Office means an Office which ex officio examines applications filed with it for the protection of industrial designs at least to determine whether the industrial designs satisfy the condition of novelty;
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(xvi) designation means a request that an international registration have effect in a Contracting Party; it also means the recording, in the International Register, of that request;
(xvii) designated Contracting Party and designated Office means the Contracting Party and the Office of the Contracting Party, respectively, to which a designation applies;
(xviii) notification of refusal means the communication by a designated Office to the International Bureau pursuant to Article 11(2) of the refusal by it of the effects, in part or in whole, of an international registration in the Contracting Party to which that Office belongs;
(xix) 1934 Act means the Act signed at London on June 2, 1934, of the Hague Agreement;
(xx) 1960 Act means the Act signed at The Hague on November 28, 1960, of the Hague Agreement;
(xxi) 1961 Additional Act means the Act signed at Monaco on November 18, 1961, additional to the 1934 Act;
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(xxii) Complementary Act of 1967 means the Complementary Act signed at Stockholm on July 14, 1967, as amended, of the Hague Agreement;
(xxiii) Union means the Hague Union established by the Hague Agreement of November 6, 1925, and maintained by the 1934 and 1960 Acts, the 1961 Additional Act, the Complementary Act of 1967 and this Act;
(xxiv) Assembly means the Assembly of the Union established by the Complementary Act of 1967 or any body replacing that Assembly;
(xxv) Organization means the World Intellectual Property Organization;
(xxvi) Director General means the Director General of the Organization;
(xxvii) International Bureau means the International Bureau of the Organization;
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(xxviii) Regulations means the Regulations under this Act;
(xxix) prescribed means prescribed in the Regulations;
(xxx) instrument of ratification shall be construed as including instruments of acceptance or approval;
(xxxi) Paris Convention means the Paris Convention for the Protection of Industrial Property, signed at Paris on March 20, 1883, as revised and amended;
(xxxii) International Classification means the Classification established by the Locarno Agreement Establishing an International Classification for Industrial Designs, signed at Locarno on October 8, 1968, as amended.
Article 2 |
(1) [Laws of Contracting Parties] The provisions of this Act shall not affect the application of any other protection that may be accorded by the law of a Contracting Party, except insofar as such other protection diminishes or interferes with the enjoyment of the rights afforded to applicants and holders under this Act, in which case the provisions of this Act shall prevail.
(2) [Certain International Treaties] The provisions of this Act shall not affect in any way
(i) the protection accorded to works of art and works of applied art by international copyright treaties and conventions, or
(ii) the protection accorded to industrial designs under the Agreement on Trade-Related Aspects of Intellectual Property Rights.
(3) [Obligation to Comply with the Paris Convention] Any Contracting Party shall comply with the provisions of the Paris Convention which concern industrial designs.