Madrid (Marks) Notification No. 38
Nice Notification No. 67
The Hague Notification No. 28

Communication by the Kingdom of the Netherlands concerning the application of certain treaties to Aruba

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and, recalling Madrid (Marks) Notification No. 37 of August 8, 1986, Nice Notification No. 64 of August 8, 1986, and The Hague Notifications No. 24 of August 8, 1986 and No. 25 of August 8, 1986, concerning the application, by the Government of the Kingdom of the Netherlands, of certain international treaties to Aruba, has the honor to refer to the attached Note No. 4175, dated June 24, 1988, of the Permanent Mission of the Kingdom of the Netherlands to the United Nations Office and other International Organizations in Geneva.

In view of the fact that the Director General of WIPO is the depositary of the international treaties that are the subject of the said Note (the Madrid Agreement Concerning the International Registration of Marks, the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks and the Hague Agreement Concerning the International Deposit of Industrial Designs), and with a view to giving effect to the procedure set forth by the Government of the Kingdom of the Netherlands in that Note, His Excellency's Government is hereby invited to communicate to the Director General of WIPO, within a period of six months after the date of the present notification, any objection against the proposal of the Government of the Kingdom of the Netherlands that the application of those treaties to Aruba be suspended for an indefinite period and that the suspension be retroactive to the time when the said treaties became applicable to Aruba.

July 22, 1988


Note of the Permanent Mission of the Kingdom of the Netherlands to the Office of the United Nations and other International Organizations in Geneva, No. 4175, dated June 24, 1988, Concerning the Application of Certain International Treaties to Aruba

The Permanent Mission of the Kingdom of the Netherlands to the Office of the United Nations and other International Organisations at Geneva presents its compliments to the Director-General of the World Intellectual Property Organisation (WIPO) and, with reference to its Note no. 655 of 14 February 1986, has the honour to draw the Director-General's attention to the following.

By virtue of the aforesaid Note, the Government of the Kingdom of the Netherlands extended to Aruba the application of the agreements referred to in the annexe to the present Note.

The extension of the application of the agreements to Aruba was erroneous, however, since Aruba had not yet introduced legislation to implement the agreements. It will still take some time for such legislation to be passed, although the Aruban Government is making good progress in this respect. For the time being, therefore, Aruba is not in a position to observe the agreements.

The Government of the Kingdom of the Netherlands therefore proposes that the application of the said agreements in respect of Aruba be suspended for an indefinite period, and that the suspension be made retroactive to the time at which the agreements became applicable to Aruba.

The Government bases its proposal on the principle of international law also embedded in Article 57 of the Vienna Convention on the Law of Treaties (Vienna, 23 May 1969), whereby the operation of a treaty in regard to a particular party may be suspended at any time by consent of all the parties after consultation with the other Contracting States, i.e. the States that have agreed to be bound by the treaty but for which the treaty has not yet entered into force.

In accordance with the procedure laid down in Article 65 of the Convention on the Law of Treaties, the Government of the Kingdom of the Netherlands will deem the agreement to have been reached as regards the suspensions between the Kingdom of the Netherlands and each of the Contracting Parties, if none of the said Parties has lodged an objection thereto with the Depositary within six months of the date of the notification by the Depositary.

The Government of the Kingdom of the Netherlands will then lodge with the Depositary the acts suspending operation of the agreements in regard to Aruba, in compliance with the procedure laid down in Article 67, paragraph 2 of the Convention on the Law of Treaties.

The Permanent Mission of the Kingdom of the Netherlands would request the Depositary to notify all Parties and other Contracting States accordingly, and would appreciate receiving a copy of the notification.

The Permanent Mission of the Kingdom of the Netherlands avails itself of this opportunity to renew to the Director-General of the World Intellectual Property Organisation the assurances of its highest consideration.

Geneva, 24 June 1988


Annexe

- Madrid Agreement concerning the International Registration of Marks of April 14, 1891, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Nice on June 15, 1957 ("the Nice Act (1957)") and at Stockholm on July 14, 1967 ("the Stockholm Act (1967)")

- The Hague Agreement concerning the International Deposit of Industrial Designs of November 6, 1925, as revised at London on June 2, 1934, ("the London Act (1934)"), at The Hague on November 28, 1960 ("The Hague Act (1960)"), and supplemented by the Additional Act of Monaco signed on November 18, 1961 ("the Monaco Act (1961)"), by the Complementary Act of Stockholm of July 14, 1967 ("the Stockholm Act (1967)") and the Protocol of Geneva of August 29, 1975 ("the Geneva Protocol (1975)")

- Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15, 1957, as revised at Stockholm on July 14, 1967 ("the Stockholm Act (1967)") and at Geneva on May 13, 1977 ("the Geneva Act (1977)")