2004. évi XC. törvény
az ipari minták nemzetközi letétbe helyezéséről szóló 1925. évi Hágai Megállapodás 1999. július 2-án, Genfben felülvizsgált szövegének kihirdetéséről1
1. § Az Országgyűlés az ipari minták nemzetközi letétbe helyezéséről szóló 1925. évi Hágai Megállapodás 1999. július 2-án, Genfben felülvizsgált szövegét (a továbbiakban: Megállapodás) e törvénnyel kihirdeti.
[A Megállapodás megerősítéséről szóló okirat letétbe helyezése 2004. február 1. napján megtörtént; a Megállapodás a Magyar Köztársaság tekintetében - a Megállapodás 28. Cikke (3) bekezdésének b) pontjával összhangban - 2004. május 1-jén lépett hatályba.]
2. § A Megállapodás angol nyelvű szövege és annak hivatalos magyar nyelvű fordítása a következő:
„GENEVA ACT OF THE HAGUE AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
INTRODUCTORY PROVISIONS
Article 1
Abbreviated Expressions
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) „Regulations” means the Regulations under this Act;
(iv) „prescribed” means prescribed in the Regulations;
(v) „Paris Convention” means the Paris Convention for the Protection of Industrial Property, signed at Paris on March 20, 1883, as revised and amended;
(vi) „international registration” means the international registration of an industrial design effected according to this Act;
(vii) „international application” means an application for international registration;
(viii) „International Register” means the official collection of data concerning international registrations maintained by the International Bureau, which data this Act or the Regulations require or permit to be recorded, regardless of the medium in which such data are stored;
(ix) „person” means a natural person or a legal entity;
(x) „applicant” means the person in whose name an international application is filed;
(xi) „holder” means the person in whose name an international registration is recorded in the International Register;
(xii) „intergovernmental organization” means an intergovernmental organization eligible to become party to this Act in accordance with Article 27(1)(ii);
(xiii) „Contracting Party” means any State or intergovernmental organization party to this Act;
(xiv) „applicant’s Contracting Party” means the Contracting Party or one of the Contracting Parties 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, „applicant’s Contracting Party” means the one which, among those Contracting Parties, is indicated as such in the international application;
(xv) „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;
(xvi) „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;
(xvii) „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;
(xviii) „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;
(xix) „designated Contracting Party” and „designated Office” means the Contracting Party and the Office of the Contracting Party, respectively, to which a designation applies;
(xx) „1934 Act” means the Act signed at London on June 2, 1934, of the Hague Agreement;
(xxi) „1960 Act” means the Act signed at The Hague on November 28, 1960, of the Hague Agreement;
(xxii) „1961 Additional Act” means the Act signed at Monaco on November 18, 1961, additional to the 1934 Act;
(xxiii) „Complementary Act of 1967” means the Complementary Act signed at Stockholm on July 14, 1967, as amended, of the Hague Agreement;
(xxiv) „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;
(xxv) „Assembly” means the Assembly referred to in Article 21(1)(a) or any body replacing that Assembly;
(xxvi) „Organization” means the World Intellectual Property Organization;
(xxvii) „Director General” means the Director General of the Organization;
(xxviii) „International Bureau” means the International Bureau of the Organization;
(xxix) „instrument of ratification” shall be construed as including instruments of acceptance or approval.
Article 2
Applicability of Other Protection Accorded by Laws of Contracting Parties and by Certain International Treaties
(1) [Laws of Contracting Parties and Certain International Treaties] The provisions of this Act shall not affect the application of any greater protection which may be accorded by the law of a Contracting Party, nor shall they affect in any way the protection accorded to works of art and works of applied art by international copyright treaties and conventions, or the protection accorded to industrial designs under the Agreement on Trade-Related Aspects of Intellectual Property Rights annexed to the Agreement Establishing the World Trade Organization.
(2) [Obligation to Comply with the Paris Convention] Each Contracting Party shall comply with the provisions of the Paris Convention which concern industrial designs.
CHAPTER I
INTERNATIONAL APPLICATION AND INTERNATIONAL REGISTRATION
Article 3
Entitlement to File an International Application
Any person that is a national of a State that is a Contracting Party or of a State member of an intergovernmental organization that is a Contracting Party, or that has a domicile, a habitual residence or a real and effective industrial or commercial establishment in the territory of a Contracting Party, shall be entitled to file an international application.
Article 4
Procedure for Filing the International Application
(1) [Direct or Indirect Filing] (a) The international application may be filed, at the option of the applicant, either directly with the International Bureau or through the Office of the applicant’s Contracting Party.
(b) Notwithstanding subparagraph (a), any Contracting Party may, in a declaration, notify the Director General that international applications may not be filed through its Office.
(2) [Transmittal Fee in Case of Indirect Filing] The Office of any Contracting Party may require that the applicant pay a transmittal fee to it, for its own benefit, in respect of any international application filed through it.
Article 5
Contents of the International Application
(1) [Mandatory Contents of the International Application] The international application shall be in the prescribed language or one of the prescribed languages and shall contain or be accompanied by
(i) a request for international registration under this Act;
(ii) the prescribed data concerning the applicant;
(iii) the prescribed number of copies of a reproduction or, at the choice of the applicant, of several different reproductions of the industrial design that is the subject of the international application, presented in the prescribed manner; however, where the industrial design is two-dimensional and a request for deferment of publication is made in accordance with paragraph (5), the international application may, instead of containing reproductions, be accompanied by the prescribed number of specimens of the industrial design;
(iv) an indication of the product or products which constitute the industrial design or in relation to which the industrial design is to be used, as prescribed;
(v) an indication of the designated Contracting Parties;
(vi) the prescribed fees;
(vii) any other prescribed particulars.
(2) [Additional Mandatory Contents of the International Application] (a) Any Contracting Party whose Office is an Examining Office and whose law, at the time it becomes party to this Act, requires that an application for the grant of protection to an industrial design contain any of the elements specified in subparagraph (b) in order for that application to be accorded a filing date under that law may, in a declaration, notify the Director General of those elements.
(b) The elements that may be notified pursuant to subparagraph (a) are the following:
(i) indications concerning the identity of the creator of the industrial design that is the subject of that application;
(ii) a brief description of the reproduction or of the characteristic features of the industrial design that is the subject of that application;
(iii) a claim.
(c) Where the international application contains the designation of a Contracting Party that has made a notification under subparagraph (a), it shall also contain, in the prescribed manner, any element that was the subject of that notification.
(3) [Other Possible Contents of the International Application] The international application may contain or be accompanied by such other elements as are specified in the Regulations.
(4) [Several Industrial Designs in the Same International Application] Subject to such conditions as may be prescribed, an international application may include two or more industrial designs.
(5) [Request for Deferred Publication] The international application may contain a request for deferment of publication.
Article 6
Priority
(1) [Claiming of Priority] (a) The international application may contain a declaration claiming, under Article 4 of the Paris Convention, the priority of one or more earlier applications filed in or for any country party to that Convention or any Member of the World Trade Organization.
(b) The Regulations may provide that the declaration referred to in subparagraph (a) may be made after the filing of the international application. In such case, the Regulations shall prescribe the latest time by which such declaration may be made.
(2) [International Application Serving as a Basis for Claiming Priority] The international application shall, as from its filing date and whatever may be its subsequent fate, be equivalent to a regular filing within the meaning of Article 4 of the Paris Convention.
Article 7
Designation Fees
(1) [Prescribed Designation Fee] The prescribed fees shall include, subject to paragraph (2), a designation fee for each designated Contracting Party.
(2) [Individual Designation Fee] Any Contracting Party whose Office is an Examining Office and any Contracting Party that is an intergovernmental organization may, in a declaration, notify the Director General that, in connection with any international application in which it is designated, and in connection with the renewal of any international registration resulting from such an international application, the prescribed designation fee referred to in paragraph (1) shall be replaced by an individual designation fee, whose amount shall be indicated in the declaration and can be changed in further declarations. The said amount may be fixed by the said Contracting Party for the initial term of protection and for each term of renewal or for the maximum period of protection allowed by the Contracting Party concerned. However, it may not be higher than the equivalent of the amount which the Office of that Contracting Party would be entitled to receive from an applicant for a grant of protection for an equivalent period to the same number of industrial designs, that amount being diminished by the savings resulting from the international procedure.
(3) [Transfer of Designation Fees] The designation fees referred to in paragraphs (1) and (2) shall be transferred by the International Bureau to the Contracting Parties in respect of which those fees were paid.
Article 8
Correction of Irregularities
(1) [Examination of the International Application] If the International Bureau finds that the international application does not, at the time of its receipt by the International Bureau, fulfill the requirements of this Act and the Regulations, it shall invite the applicant to make the required corrections within the prescribed time limit.
(2) [Irregularities Not Corrected] (a) If the applicant does not comply with the invitation within the prescribed time limit, the international application shall, subject to subparagraph (b), be considered abandoned.
(b) In the case of an irregularity which relates to Article 5(2) or to a special requirement notified to the Director General by a Contracting Party in accordance with the Regulations, if the applicant does not comply with the invitation within the prescribed time limit, the international application shall be deemed not to contain the designation of that Contracting Party.
Article 9
Filing Date of the International Application
(1) [International Application Filed Directly] Where the international application is filed directly with the International Bureau, the filing date shall, subject to paragraph (3), be the date on which the International Bureau receives the international application.
(2) [International Application Filed Indirectly] Where the international application is filed through the Office of the applicant’s Contracting Party, the filing date shall be determined as prescribed.
(3) [International Application with Certain Irregularities] Where the international application has, on the date on which it is received by the International Bureau, an irregularity which is prescribed as an irregularity entailing a postponement of the filing date of the international application, the filing date shall be the date on which the correction of such irregularity is received by the International Bureau.